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2017-10-03 CC Agenda Packet
th 216 4 Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA #)49 #/5.#), -%%4).' /#4/"%2 ΒǾ ΑΏΐΖ 2%'5,!2 -%%4).' ΓȀΒΏ 0ȁ-ȁ 2%#%33%$ -%%4).' 7:00 P.M. ΓȀΒΏ 0ȁ-ȁ !'%.$! I.#!,, 4/ /2$%2 II.2/,, #!,, III./4(%2 "53).%33 1.Discussion on Special Event Policy 2.White Bear Lake Level Ruling nd 3.Discussion on 2 Street Ramp (Moved from September 5, 2017 Meeting) 4.Discussion on Old Armory IV.34!&& 2%0/243 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 ΖȀΏΏ 0ȁ-ȁ !'%.$! V.#!,, 4/ /2$%2 VI.ROL, #!,, VII.0,%$'% /& !,,%')!.#% VIII.!002/6!, /& MINUTES 13.Possible approval of September 19, 2017 regular meeting minutes IX.P%4)4)/.3Ǿ ).$)6)$5!,3Ǿ $%,%'!4)/.3 lj #/-MENDATIONS 14.Proclamation: Fire Prevention Week 15.Badge Presentation/Oaths to Firefighters Dan March, Ian Perkins, Aaron Johnson & Matt Richardson 16.Ice Castles Amanda Roseth i.Possible approval of Ice Castles Event and Contract (Resolution Roll Call) 17.Art Sculpture Anastacia Shartin The Phipps 18.Music on the River on Sundays in 2018 - Woody McBride /0%. FORUM - X.³§¤ ®¯¤ ¥®±´¬ ¨² ¯®±³¨® ®¥ ³§¤ ¢®´¢¨« ¬¤¤³¨¦ ³® ££±¤²² ¢®´¢¨« ® ²´¡©¤¢³²Ǿ which ±¤ ®³ ¯ ±³ ®¥ ³§¤ ¬¤¤³¨¦ ¦¤£ ȁ The ¢®´¢¨« ¬ ¸ ³ ª¤ ¢³¨® ®± ±¤¯«¸ ³ ³§¤ ³¨¬¤ ®¥ ³§¤ ²³ ³¤¬¤³ ®± ¬ ¸ ¦¨µ¤ £¨±¤¢³¨® ³® ²³ ¥¥ ±¤¦ ±£¨¦ ¨µ¤²³¨¦ ³¨® ®¥ ³§¤ ¢®¢¤±² ¤·¯±¤²²¤£ȁ Out ®¥ ±¤²¯¤¢³ ¥®± ®³§¤±² ¨ ³³¤£ ¢¤Ǿ ¯«¤ ²¤ «¨¬¨³ ¸®´± ¢®¬¬¤³² ³® Δ ¬¨´³¤² ®± «¤²²ȁ XI.#/.3%.4 !'%.$! Ȩ2/,, CALL) «« ¨³¤¬² «¨²³¤£ ´£¤± ³§¤ ¢®²¤³ ¦¤£ ±¤ ¢®²¨£¤±¤£ !.$ 7),, "% %.!#4%$ "9 /.% -/4)/.ȁ 4(%2% 7),, "% ./ routine ¡¸ ³§¤ ¢¨³¸ ¢®´¢¨« 3%0!2!4% $)3#533)/. /. 4(%3% )4%-3 5.,%33 ! #/5.#), -%-"%2 /2 #)4):%. 3/ 2%15%343Ǿ ). 7()#( %6%.4Ǿ 4(% )4%-3 7),, "% 2%-/6%$ &2/- 4(% #/.3%.4 !'%.$! !.$ #/.3)$%2%$ 3%0!2ATELY. 2¤²®«´³¨® ΑΏΐΖ-183, 19.directing payment of bills 2¤²®«´³¨® 2017-184, 20. approval of Assignment, Assumption and Novation Agreement between the City of Stillwater and Geronimo Energy LLC; BHE Renewables LLC; Gemini CSG1, LLC, Gemini CSG2, LLC, and Gemini CSG3 LLC 2¤²®«´³¨® ΑΏΐΖ-185, 21. approval of agreement for Museum Services Police Department 2¤²®«´³¨® ΑΏΐΖ-186 22., approving business name change (DBA/Trade Name of Rafters to Portside) 2¤²®«´³¨® ΑΏΐΖ-ΐΗΖǾ 23.resolution adopting assessments for water service for various resident project (L.I. 414-1 & L.I. 414-2) 2¤²®«´³¨® ΑΏΐΖ-188, 24. approval of cooperative agreement regarding Public Safety related to 2018 National Football League (NFL) Super Bowl Security 2¤²®«´³¨® ΑΏΐΖ-189 25., approving employee health insurance plan effective January 1, 2018 2¤²®«´³¨® ΑΏΐΖ-190, 26. resolution approving contract with Hoisington Koegler Group, Inc. for professional services to update the Stillwater Comprehensive Plan 2¤²®«´³¨® ΑΏΐΖ-ΐΘΐǾ 27.acceptance of Certified Local Government (CLG) grant award 28.Possible approval Lowell Park Lights 29.Possible approval quote to repair of Triangle Park steps 2¤²®«´³¨® ΑΏΐΖ-192, 30. approval of Lakes of Stillwater Development Agreement 2¤²®«´³¨® ΑΏΐΖ-193, 31.approval of special event and contract for Harvest Fest 2¤²®«´³¨® ΑΏΐΖ-194 32., approval of appointment to Human Rights Commission 2¤²®«´³¨® ΑΏΐΖ-ΐΘΔǾ 33.adopting delinquent cleanup services charges 2¤²®«´³¨® ΑΏΐΖ-ΐΘΕǾ 34.adopting delinquent parking mitigation fees 2¤²®«´³¨® ΑΏΐΖ-197, 35. Authorizing LUCA Registration and Entering into confidentiality agreements XII.PUBLI# (%!2).'3 - /54 /& 2%30%#4 &/2 /4(%23 ). !44%.$!.#%Ǿ 0,%!3% ,)-)4 9/52 -).54%3 /2 ,%33ȁ #/--%.43 4/ ΐΏ XIII.5.&).)3(%$ "53).%33 36.Possible approval funding for Main Street Stairs and approval of Addendum No. 2 to Development Agreement with Stillwater Caves, LLC. (2 Resolutions Roll Call) 37.Possible second reading of Ordinance 1097, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance, by amending the Zoning Map of the City to rezone certain property within the AP-Agricultural Preservation District by adding them to the RA One Family Residential District XIV..%7 "53).%33 38.Request by Sterling Black for reconsideration of planning variance for Hazel Place 39.Possible approval of Cub Event Permit on private property 40.Possible approval of City Facilities ID/Key Card Security Policy (Resolution Roll Call) 41.Possible approval of plans and specifications and authorizing advertisement for bids for Marine Circle lift station(Resolution Roll Call) 42.Possible approval of permission to enter (right-of-entry) to grade for Midnight Real Estate Group (Resolution-Roll Call) XV.0%4)4)/.3Ǿ ).$)6)$5!,3Ǿ $%,%'!4)/.3 lj #/--%.$!4)/.3 Ȩ#/.4).5ED) XVI.COMMUNICATIONS/REQUESTS XVII.#/5.#), 2%15%34 )4%-S XVIII.34!&& 2%0/243 Ȩ#/.4)NUED) XIX.ADJOURNMENT RE-ALLOWCATE PROPERTY TO CITY AS WELL AS GRANTING AIR RIGHTS ON ROOF TOP FLOOR (4TH FLOOR) X 3 FLOORS RE-ALLOWCATE PROPERTY TO CITY AS WELL AS GRANTING AIR RIGHTS ON ROOF TOP FLOOR (4TH FLOOR) X 3 FLOORS RE-ALLOWCATE PROPERTY TO CITY AS WELL AS GRANTING AIR RIGHTS ON ROOF TOP FLOOR (4TH FLOOR) X 3 FLOORS RE-ALLOWCATE PROPERTY TO CITY AS WELL AS GRANTING AIR RIGHTS ON ROOF TOP FLOOR (4TH FLOOR) X 3 FLOORS 111111111111111111111111111111111111111111 00111010* Downtown Stillwater Event Venue Map Lot 1 -- 106 spaces Lot 2 -- 84 spaces Lot 3 -- 35 spaces Lot 4 -- 29 spaces Lot 5 -- 7 spaces Lot 6 -- 16 spaces Lot 7 -- 16 spaces Lot 8a -- 50 spaces Lot 8b -- 89 spaces Lot 9 -- 30 spaces Lot 10 -- 49 spaces Lot 11 -- 45 spaces Lot 12 -- 85 spaces Lot 13 -- 28 spaces Lot 14 -- 15 spaces Lot 15 -- 20 spaces Lot 16 -- 47 spaces Lot 17 -- 103 spaces Lot 18 -- 53 spaces Lot 19 -- 83 spaces Lot 20 -- 22 spaces Ramp -- 248 spaces Total = 1,260 spaces 1"=100' 1. Info booth 2. Food Vendor lot 1 3. Beer Garden - tent is 30x60 total fenced area 50x100 - 8 tap tailer (blue box) - one entrance/exit, one emergency exit 4. Chili Cook Off (Saturday only 1-5pm) 5. Kids activity area (free) 6. Food Vendor lot 2 7. Kiddie Tractor Pull 8. Non Food Vendor area illfi = info booth = barrirade 111111 =port -o -potty *1 or CITY COUNCIL MEETING DATE: October 3, 2017 CASE NO.: 2017-51 APPLICANT: May Jo Neuman, representing Cub Foods Corporate REQUEST: Approval of Outdoor Sales and Special Event at 1801 Market Drive ZONING: BP-C - Business Park Commercial COMP PLAN: Commercial PREPARED BY: Erik Olson-Williams, Zoning Administrator/Assistant Planner REQUEST Cub Foods is proposing to utilize a portion of their parking lot at 1801 Market Drive for a special event to be held on October 19 from 2:00 to 7:00 pm. th long tent will be set up in the location the retailer typically has the outdoor garden sales. An ain entrance. The proposed dates for this tent are October 17-29. The October 19 portion of ththth the event will include live music in the larger tent from 3:00 to 7:00 pm. APPLICABLE CITY CODE City Code Section 31-325, Allowable Uses in Non-Residential Districts, indicates Outside sales or special eventsin the BP-C and BP-O districts by the city council if the event is a one-time special event not occurring on a regular basis. City Code Section 38-3., Noise control and regulation, indicates no person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. The applicant will be required to adhere to the provisions of the Noise Ordinance. ITEMS OF DISCUSSION City staff has reviewed the application for compliance with the following: Cub Foods Grand Re-Opening Event Case 2017-51, 1801 Market Drive Noise: Even though the event is proposing amplified music, the concern of violation of the noise ordinance is reduced due tcommercial area. All operations will need to maintain compliance with Section 38-3, Noise control and regulation. Off-Street Parking: As the applicant is proposing the use of the parking lot -time , 67 spaces in the private parking lot would not be available for patron parking between 10:00am October 17 and 12:00pm October 20. Parking concerns are mitigated by thth the availability of a large amount of off-street parking at other locations on the property. Security: Cubs own Loss Prevention agents will be providing security at this event. Fire Safety: If heaters or barricades are to be placed under the tents, the Fire Department will need to review these elements. The festival will have to be operated in accordance with safe crowd management standards. Alcohol Consumption: There will be no alcohol at this event. ALTERNATIVES The City Council has several alternatives. Approval. If the proposed Outside Sales and Special Event Permit is found to be A. acceptable to the City Council, then the Council should move to approve the attached Resolution of approval and authorize the Mayor to sign the Resolution. B. Denial. If the Council finds that the Outside Sales and Special Event Permit is not advisable, table the matter for staff to draft a Resolution of Denial for the next Council meeting. C. Table. If the Council prefers more information, table the matter until the next Council meeting. RECOMMENDATION Staff finds the requested Outside Sales and Special Event Permit to be reasonable and recommends approval with the following conditions: 1. This Outside Sales and Special Event Permit is valid Friday, October 19, 2017 through Sunday, October 29. 2. All operations, including the use of radios and the DJ booth, will need to maintain compliance with Section 38-3, Noise control and regulation. 3. Any heaters or barricades placed under tents will be subject to Fire Department review. 4. Applicant must submit exiting diagrams for each tent prior to the time of the event. ATTACHMENTS Permit Application Site Plan Site Location Map Resolution DNALHGIH DAOR DRAVELUOB TSEW NOSNEB EGATTOC EVIRD A RESOLUTION APPROVING AN OUTSIDE SALES & EVENT PERMIT FOR CUB FOODS LOCATED AT 1801 MARKET DRIVE CASE NO. 2017-51 Cub Foods made application for approval of an Outside Sales & Event Permit WHEREAS, Application to allow for Grand Re-Opening, a -event that is not a part of business operations, on property located at 1801 Market Drive; and City Code Section 31-325, Allowable Uses in Non-Residential Districts, indicates that WHEREAS, Outside Sales or Special Eventsare permitted in the Business Park Districts by the City - on October 3 the City Council reviewed Cub Foods Application for the Grand WHEREAS, rd Re-Opening; and that the City Council of the City of Stillwater herby NOW, THEREFORE, BE IT RESOLVED, finds that one-time Outside Sales and Special Event Permit shall be approved with the following conditions: 1.This Outside Sales and Special Event Permit is valid Saturday, September 23, 2017. 2.All operations, including the use of amplified music, will need to maintain compliance with Section 38-3, Noise control and regulation. Any heaters placed under tents will be subject to Fire Department review. 3. 4.Applicant must submit exiting diagrams for each tent prior to the time of the event. Enacted by the City Council of the City of Stillwater, Minnesota this 3rd day of October, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk 2%3/,54)/. !002/6).' )$%.4)&)#!4)/. #!2$ !.$ +%9 #!2$ 0/,)#9 WHEREAS, the City wishes to provide safe and secure facilities and workplace for the public and City staff; and 7(%2%!3Ǿ to enhance safety and security of City facilities, the City is installing key card access locks on external and internal doors for City facilities; and 7(%2%!3Ǿ issuance of Identification Cards and Key Cards will be required for City employees, elected officials and visitors to provide access to designated City facilities for authorized individuals; and WHEREAS, the attached City of Stillwater Identification Card and Key Card Policy has been developed to provide a consistent framework for the issuance and management of the City ID Card/Key Card system. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the attached City of Stillwater Identification Card and Key Card Policy is hereby approved. rd Adopted by the Stillwater City Council this 3day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER IDENTIFICATION CARD AND KEY CARDPOLICY 1.Purpose. To provide a safe and secure workplace for the public and all City staff, photo identification cards (ID cards) or key cards are issued to all City of Stillwater employees. The ID and key cards serve to identify those who work for the City and in City buildings. 2.Definitions. 2.1Identification Card (ID Card). A hard plastic card used to identify employees of the City of Stillwater. The face of the card reflects the city name, an accurate photograph of the employee, and the employee’s name. 2.2Key Card. A hard plastic card used to identify employees of the City of Stillwater. The face of the card reflects the county name, an accurate photograph of the employee, and the employee’s name. Key cards are differentiated from ID cards in that they are programmed to allow authorized employees access to designated City of Stillwater facilities outside of normal working hours or areas that are secured during normal working hours. 2.3City Security ID and Key Card Review Committee. A Committee which primarily consists of the City Administrator, Chief of Police, Information Systems Manager and Human Resources Manager. Depending on the request, others may be asked to attend the meeting. This Committee meets as necessary to review all requests for exceptions to the approved parameters for issuing Identification Cards, Key Cards, and granting access to locations secured by the Key Card SecuritySystem. 3.Policy. 3.1TheInformation Systems Office will photograph each new employee and issue an ID or key card to each new employee on the first day of employment. 3.2Employees and non-employees must sign the Identification/Key Card Policy Acknowledgment Form, prior to receiving their ID or key cards. 3.3The ID or key card must be carried at all times and be visibly displayed at waist height or above unless doing so risks personalsafety. 3.3.1 Department heads may temporarily suspend the requirement for an employee to display the ID or key card if there is a significant chance of loss due to the nature of the work beingdone. 3.4Employees will not give or lend their ID or key card to anotherindividual. 3.5Any misuse, alteration, or fabrication of the card will subject the holder to disciplinary action by theCity. 3.6ID cards may also be issued to non-employee persons participating in special programs sponsored by the City. 3.7Key cards will be issued to current City Council members serving the City of Stillwater. 3.8Vendors or contractors retained by the City to perform services in City facilities shall be issued a temporary ID card by City reception that must be displayed while working in City facilities. The temporary ID card shall be returned to City reception upon completion of the service work. 4.Key Cards. 4.1Regular Employees. 4.1.1 The Information Systems office will create a key card for all regular employees of the City of Stillwater that will be issued by the Human Resources office. 4.1.2 Even if not a City employee, all paid employees of the following agencies may be issued an IDcard through Information Systems Office: 4.1.2.1 Stillwater Public Library 4.1.2.2 Stillwater Water Board 4.1.2.3 Stillwater Recreation Center 4.1.3 Key cards will be programmed to allow employees into areas within the control of their respective department heads and/or work requirements. 4.1.3.1Requests for access to areas outside the control of the areasof their respective department heads will require review and approval by the City Security ID and Key Card Review Committee. A “Request for City Facilities Access” form must be completed and submitted to the Human Resources Manager to be placed under consideration at the next scheduled meeting of the City Security ID Card Review Committee. Incomplete requests will not be considered. 4.1.4 Employees will not use a key card to allow an unauthorized person entry to Cityfacilities. 4.2Non-Employees. 4.2.1 All non-cityemployees approved for an ID card will not be provided key cards or access to locations secured throughout city facilities by the Key Card Security System. 4.2.2 Department heads may request review and approval by the City Security ID and Key Card Review Committee, for a key card to be issued to a non-cityemployee. A “Request for City Facilities Access” form must be completed and submitted to the Human Resources Managerto be placed under consideration at the next scheduled meeting of the City Security ID Card Review Committee. Incomplete requests will not be considered. 5.Replacing Lost or DamagedCards. 5.1Employees will contact Human Resources and Information Systems offices immediately to replace lost, stolen or damaged ID or key cards. The Information Systems office will create and issue a replacement ID or key card only with approval of the employee’s DepartmentHead. 5.2If the ID or key card should become damaged or lost, one new ID or key card will be issued by Human Resources per calendar year at no charge. 5.3If the second ID or key card issued is damaged or lost within the calendar year, the employee will be charged $5for a replacement ID or keycard. 5.4If, at no fault of the employee, a key card should stop working, Information Systems shall be notified and if necessary, a new card will be issued to the employee at no charge. The old key card must be returned before a new one will be issued. 6.Separation from CityEmployment. 6.1Employees leaving employment with the City of Stillwater must return their ID or key card to their direct supervisor/Information Systems office upon separation. 6.2Cards issued to persons participating in special programs sponsored bythe City, or having completed seasonal or temporary employment must be returned to their direct supervisor/Information Systems office upon completion of the program. 6.3Employeesissued keys to any City facilities by the Information Systems office, must return all issued keys to their direct supervisor or Department Head upon separation. Upon receipt, the supervisor or Department Head must return all keys to the Information Systems office within 48 hours of separation. 7.Appendices. 7.1Identification/Key Card Acknowledgment Form 7.2Request for City Facilities Access Form Request for City of Stillwater FacilitiesAccessForm **Please note the default response for non-citypeople being provided key card access is for the request to be denied. Very few exceptions will be made.** REQUESTINFORMATIONTodaysDate: Requesting Department Head: LastName:_________________________ FirstName:___________________ MiddleInitial:_____ Department:___________________ Name of Person for Which the Exception is being requested: LastName:_________________________ FirstName:___________________ MiddleInitial:_____ Department:___________________Position: _____________________ This requestisfor: CityemployeeNon-cityperson ACCESS DETAILS Is this a Request for an Exception WithinYourDepartment? YesNo If no, what department are you requesting this person have accessto?______________________ Have you discussed this with the department head ofthatdepartment?YesNo If yes, what was theirresponse? ______________________________________________________________________________________________ Specifically, what doors are you requesting this person receive access to? InternalDoors:___________Times:___________ ExternalDoors:___________Times:___________ Cross-departmentDoors*:___________Times: ____________ How long are you requesting this access tocontinue?____________________ Please provide a thorough justification for this request. ______________________________________________________________________________ ______________________________________________________________________________ How will security be maintained within the department and City Hallif this request is granted? ______________________________________________________________________________________________ ______________________________________________________________________________________________ _______________________________________________________________________________ Requesting DepartmentHead’sSignature*Other Department Head’sSignature (For cross department requests) TO BE COMPLETED BY CITY SECURITY AND KEY CARD REVIEW COMMITTEE: ApprovedDeniedApprovedDenied By: ____________________________________By: ___________________________________ City AdministratorInformation Systems Manager Date:___________________________________Date:__________________________________ ApprovedDeniedApprovedDenied By: _______________________________By: ____________________________________ Chief of PoliceHuman Resources Manager Last Updated August 2017 City of Stillwater Identification/Key Card Acknowledgment Form It is the policy of the City of Stillwater to provide a safe and secure environment for City staff and for the public. Please read the following statements regarding employee responsibilities before signing the bottom portion of the document. For more complete policy information, refer to City of Stillwater Identification and Key Card Policy. ID and Key cards are property of the City of Stillwater. The following are ID and Key cardholder responsibilities: Do not lend your ID or key card toanyone. Do not allow unauthorized individuals into any securearea. Do not make additions or alterations to the ID or key card. Do not leave ID or key card on dash of vehicle, run through a clothes dryer, or other locations where exposed to extreme temperatures. Do not expose to organic solvents, thinners, alcohol, isopropyl,etc. Do not scan reproduce, duplicate, photocopy, orre-laminate. Do not fold, bend, pry open or mutilate your ID or key card. Do not use your ID or key card improperly. Do not leave your ID or key card unattended. Immediately notify your supervisor or department head if your ID or key card is no longer in yourpossession. Immediately notify your supervisor or department head of any difficulties or problems with any ID or key card. If more than one ID or key card issued is damaged or lost within one calendar year, there will be a charge of $5for each replacement ID or key card. I understand that failure to comply with these rules can result in disciplinary action, up to and including termination. I understand that I may be responsible for the cost to replace my ID or key card, as outlined in the City of Stillwater Identification and Key Card Policy. My signature is an acknowledgment that I have read and understand my responsibilities. Employee Signature: Date: PrintedName: Last Updated: August 2017 -St i I IWI(a t 216 41h Street N, Stillwater, MN 55082 651-430-8800 The FintFFWaceofMinnear>cAa J' www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING OCTOBER 3, 2017 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M.AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Discussion on Special Event Policy 2. White Bear Lake Level Ruling 3. Discussion on 2nd Street Ramp (Moved from September 5, 2017 Meeting) 4. Discussion on Old Armory IV. STAFF REPORTS S. 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 V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 13. Possible approval of September 19, 2017 regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS 14. Proclamation: Fire Prevention Week 15. Badge Presentation/Oaths to Firefighters - Dan March, Ian Perkins,Aaron Johnson & Matt Richardson 16. Ice Castles -Amanda Roseth i. Possible approval of Ice Castles Event and Contract (Resolution - Roll Call) 17.Art Sculpture Anastacia Shartin - The Phipps 18. Music on the River on Sundays in 2018 -Woody McBride 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 S 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. 19.Resolution 2017-183, directing payment of bills 20.Resolution 2017-184, approval of Assignment,Assumption and Novation Agreement between the City of Stillwater and Geronimo Energy LLC; BHE Renewables LLC; Gemini CSG1, LLC, Gemini CSG2, LLC, and Gemini CSG3 LLC 21.Resolution 2017-185, approval of agreement for Museum Services - Police Department 22.Resolution 2017-186, approving business name change (DBA/Trade Name of Rafter's to Portside) 23.Resolution 2017-187, resolution adopting assessments for water service for various resident project (L.I. 414-1 &L.I. 414-2) 24.Resolution 2017-188, approval of cooperative agreement regarding Public Safety related to 2018 National Football League (NFL) Super Bowl Security 25.Resolution 2017-189, approving employee health insurance plan effective January 1, 2018 26.Resolution 2017-190, resolution approving contract with Hoisington Koegler Group, Inc. for professional services to update the Stillwater Comprehensive Plan 27.Resolution 2017-191, acceptance of Certified Local Government (CLG) grant award 28. Possible approval Lowell Park Lights 29. Possible approval quote to repair of Triangle Park steps 30.Resolution 2017-192, approval of Lakes of Stillwater Development Agreement 31.Resolution 2017-193, approval of special event and contract for Harvest Fest 32.Resolution 2017-194, approval of appointment to Human Rights Commission 33.Resolution 2017-195, adopting delinquent cleanup services charges 34.Resolution 2017-196, adopting delinquent parking mitigation fees 35.Resolution 2017-197,Authorizing LUCA Registration and Entering into confidentiality agreements XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. XIII. UNFINISHED BUSINESS 36. Possible approval funding for Main Street Stairs and approval of Addendum No. 2 to Development Agreement with Stillwater Caves, LLC. (2 Resolutions - Roll Call) 37. Possible second reading of Ordinance 1097, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance, by amending the Zoning Map of the City to rezone certain property within the AP-Agricultural Preservation District by adding them to the RA- One Family Residential District XIV. NEW BUSINESS 38. Request by Sterling Black for reconsideration of planning variance for Hazel Place 39. Possible approval of Cub Event Permit on private property (available Tuesday) 40. Possible approval of City Facilities ID/Key Card Security Policy (Resolution- Roll Call) (Available Tuesday) 41. Possible approval of plans and specifications and authorizing advertisement for bids for Marine Circle lift station (Resolution - Roll Call) 42. Possible approval of permission to enter (right-of-entry) to grade for Midnight Real Estate Group (Resolution-Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT VI� ater . i ,in,is tration, TO: Mayor& City Council FROM: Tom McCarty, City Administrator DATE: September 29, 2017 SUBJECT: Proposals for Updates/Changes to Stillwater Event Policy BACKGROUND INFORMATION: The Stillwater Strategic Plan adopted by the City Council in October of 2015 included an initiative to "Review the City Events Strategy and Update Event Policies". Over the past 18 months, City staff has collected background data regarding event activity within Stillwater, researched event policies from similar Minnesota cities, discussed potential policy updates at City Council work sessions, convened staff work sessions to develop proposed updated City Event Policy language, requested feedback on proposed policy updates from event organizers, and met with the City Parks & Recreation Commission numerous times in 2017 requesting feedback and direction on the proposed Event Policy Updates. At its September 25, 2017 meeting, the Parks & Recreation Commission recommended that the City Council approve the Proposed Changes to the City of Stillwater Event Policies. Elements of the City Event Policies that have been reviewed as part of the current analysis included Application Submittal Timelines, Event Thresholds,Fee Structures (including cost recovery fees), Preferred Routes for Events and updates to the on-line Event Application/Instructions. Attached for City Council review are the following documents: -Proposed Changes to the City of Stillwater Event Polices; -List of 2017 City of Stillwater Events; -Map of Preferred Routes; -Resolution No. 2010-204 "Establishing Policies Related to Review of Event Applications; -Draft Resolution Approving Updated City of Stillwater Event Policies and Rescinding Resolution No. 2010-204 -Draft City of Stillwater Event Policies dated October 2017. 2164 1h Street N, Stillwater, MN 55082 651-430-8800 Website:www.ci.stillwater.mn.us VI� ater . i ,in,is tration, REQUESTED COUNCIL ACTION: Staff requests the City Council review the proposed updates to the City Event Policy and if the proposed updated Event Policies is satisfactory, Council should adopt the Resolution "Approving Updated City of Stillwater Event Policies and Rescinding Resolution No. 2010-204". If Council requires additional information or analysis regarding Event Policies, Council should provide direction to staff for further review and analysis on the proposed updates. 2164 1h Street N, Stillwater, MN 55082 651-430-8800 Website:www.ci.stillwater.mn.us PROPOSED CHANGES TO THE CITY OF STILLWATER EVENT POLICIES September 27,2017 Council adopted a resolution on December 21, 2010 establishing policies and procedures for reviewing event applications. The following items are recommended changes to be amended to the current policies. Event Thresholds Revise event descriptions to provide event organizers a clearer distinction of where their event will be placed. Event Special Event Special Event With Contract A gathering is considered a A gathering is considered a A special event requires a special event when any one special event when any one of contract with the city if.- of f:of the following thresholds the following thresholds applies: applies: 1)Closure of street—One 1)Closure of street—One 1)Closure of street— block of a residential street block of a residential street is Substantially disruptive to is closed for up to 5 hours,or closed for more than 5 hours, traffic flow requiring uniform any portion of a commercial or more than one block of a traffic control. street is closed for up to 2 residential street is closed for hours. any length of time,or any portion of a commercial street is closed for 2 hours or more. 2)Public parking lot use—1 2)Public parking lotus —10 to 9 spaces in a public or more spaces in a public parking lot are reserved. parking lot are reserved. 3)Street use(including 3)Street use(including sidewalks and trails)—The sidewalks and trails)—The event has a route on a public event has a route on a public street(s), sidewalks or trails, street(s), sidewalks or trails, such as races, walks, or (such as a race, walk or parades that don't require parade) that requires street traffic control and obeys all closure, traffic control, street traffic rules. sweeping, or the use of"no parking signs"along the route, or is substantially disruptive to traffic flow requiring uniform traffic control. 4)Number of people in a 4)Number of people in a park Number of people in a park or park or City facility—250- or City facility-1000-2500 City facility-2500 or more 1000 people including people including spectators, people including spectators, spectators, vendors, vendors, performers and vendors, performers and performers and volunteers volunteers are expected in a volunteers are expected in a public park.' public park.' Page 2 of 6 are expected at a time in a public park.' The event occurs on multiple days, OR extra-ordinary city employee support or city materials are necessary, OR any out-of-pocket expenses2 are incurred by the city, OR cost of City Services is over$1,000. 'Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold. 20ut-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies,billables(e.g.postage), and any contracted services. Application Submittal Extend application due dates to allow for greater lead times to complete the review process, add a late fee, and define process if two or more applicants request the same date or location. Event Special Event Special Event With Contract Application Due 30 days Application due 60 90 days Application due 68 120 days prior to event prior to the event prior to event No Application Fee $50 non-refundable $100 non-refundable Application Fee Application Fee Any application submitted after application submittal deadline will be charged a $100 late fee. Late applications may jeopardize the ability to receive event approval. Failure to pay application fees may result in a dismissal of application. Submitted applications will go through a preliminary review by city staff to ensure event application is complete (usually within one week). Further review of application may take place at City Commissions and/or City Council meetings. Organizer will be notified on the dates of those meetings. Acceptance of application, should in no way be considered final approval of event. An event permit and/or contract will be issued when event is approved. An Event Application can be submitted one year in advance of the event. Past events will have priority if scheduling conflicts arise. City staff will contact previous event organizer to allow first right of refusal. Fee Structure Restructure the park usage fee to establish a tiered fee that captures the impact on city facilities and services based upon the size of the event and location. Event Special Event Special Event With Contract No event base fee required $500 PaF!( usage Pee $500 PaF!( Usage Pee $500 per day* Base Fee $1,000 per day* Base Fee Page 3 of 6 subject to negotiated contract provisions. Events with Routes—No Events with Routes—$1 per Events with Routes—$1 per participant fee required registered participant registered participant $100 refundable damage $790 eveRt ; aet fee $790 eveF;t ; aet fee deposit if using a park $1,000 Security Deposit $1,000 Security Deposit subject to negotiated contract provisions. *Per Day includes each day of event. Separate load-in day fee of$500/day will apply. Currently equipment operated by city personnel to support an event is not paid for by the event organizer unless the equipment has to be rented specifically for the event. Below is a list of rates for personnel and city vehicles or equipment that may be used to provide event support at full cost recovery. These would be updated on the City's Fee Schedule. Police Department 2018 Fee Schedule Rate Personnel services, per hour Actual officer rate Material: No-Parking Signs, posted $3/sign/event plus labor If after normal business hours Equipment: Squad Car— per hour $TBD Public Works Department 2018 Fee Schedule Rate Personnel services, per hour $Actual rate of employee Material Rental Refer to list in 2017 fee schedule Equipment: Pickup— per hour $25/hour Street Sweeper— per hour $75/hour Other Equipment TBD— per hour $TBD Fire Department 2018 Fee Schedule Rate Personnel services, per hour $36/hour Equipment: Engine/Pumper— per hour $300/hour Utility Vehicle— per hour $100/hour Boat— per hour $125/hour Other Equipment TBD— per hour $TBD Inspections: Temporary Membrane Structure (Tent) $100 Additional Structures, each $25 each Special Event Food Stand, First Day $100 Additional Day, each $25 Other Inspections TBD, each day $TBD Page 4 of 6 Events with Routes Provide preferred running and bike routes within the City to decrease impact on neighborhoods, city services and facilities. The category "Events" are exempt since they don't require traffic control and obey all traffic rules. See attached map for potential preferred routes. Also add the following note to instructions regarding traffic control: Traffic can only be stopped by Law Enforcement. Volunteers may assist to guide participants through the route but shall not direct vehicle traffic. All event volunteers working in roadways must wear a "Class 2" safety vest. Location of Law Enforcement, if required, will be determined by the Stillwater Police Department upon review of route. Application/Instructions Update the City event application and instructions to improve descriptions when applying. The following items would be new additions. Contact information for websites/outside agencies will be added. 1. Advertising— It is a violation to advertise the location of any event requiring a reservation of city property when the organizer has not requested a reservation of city property, has been informed that the reservation is not available, or has been denied. Preliminary approval allowing the applicant to advertise the event may be given upon request, with final details to be worked out upon submission of event application. 2. Event Changes— Major changes made to an event after being approved by any Commission or City Council are not permitted without additional approval. Any event that is impacted with an emergency situation such as river flooding, weather issues, etc. will be resolved by Public Safety and Public Works staff at such time a City Council meeting is not available. 3. Event Timing— Organizer must submit a final site plan 15 days prior to event. Organizer is required to provide a "Load-in" and "Load-out" schedule. The City may require a walkthrough of the event site before and/or after the event. 4. Cancellation Policy—Cancellations of events by the event organizer received in writing are accepted up to 20 days prior to event with a full refund of event fees and deposits (excluding application fee). Cancellation notices received between 19 and 11 days prior to event will forfeit 50% of all event fees and deposits. Cancellation notices received within 10 days or less of the event will forfeit all event fees and deposits. The City reserves the right to cancel or deny an event should one or more of the following occur: a. Failure to submit an application within the time periods as outlined above. b. Requirements of the Event Policy or Application are not met. c. The applicant owes the City of Stillwater, money from another event, services provided or as a result of damages to city property. Page 5 of 6 d. The use or the event would conflict with previously planned programs organized and conducted by the city or non-governmental agencies previously scheduled for the same time and/or place. e. The applicant does not comply with all applicable city ordinances, traffic rules, park rules and regulations, state health laws, fire codes and/or liquor licensing regulations. f. The use or event proposed by the applicant would present an unreasonable danger to the health or safety of the public. g. The applicant cannot comply with applicable local, state and federal license requirements for all or part of the planned event. h. The use or event is prohibited by law. i. The application contains material misrepresentation or fraudulent information. 5. Event Cleanup—Organizers agrees to remove all items pertaining to the event at the conclusion of the event. City of Stillwater is not responsible for any items belonging to the Organizer or patrons of event that are remaining after the event. a. Organizer will pay$qday if event area is not cleaned, event items are not removed or the site is not repaired within 24 hours of event or as agreed upon in a contract. b. Organizers will reimburse City at cost for the labor, supplies and/or equipment needed or expended should the city find it necessary in their sole opinion to do further cleanup, removal or repairs to the area to its original condition. The following items have currently been implemented into the application review process however the descriptions and requirements would be updated. 6. Alcohol Updates— List fencing requirements, insurance limits, signage minimums, compliance program rules and provide reference to City code and Minnesota Liquor Control website on the event instructions. Alcohol. To apply for a Temporary Liquor License an applicant must be a non-profit, religious, or charitable organization or club, these types of organizations or clubs must have been in existence for at least three years; political organization, or state university. Must not exceed 4 days in length. The Temporary Liquor License application must be submitted 60 days before the date of the event(See attached application for more information) Liquor Liability Insurance—The City requires any function that is open to the public and sells/serve alcohol through a temporary liquor license must provide liquor liability insurance for the days of the event. This insurance is required to protect the City's and Organizer's interest. Certificate of Insurance providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of Page 6 of 6 property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, $100,000 for loss of means of support of two or more persons in any one occurrence, $50,000 for other pecuniary loss of any one person in any one occurrence, and $100,000 for other pecuniary loss of two or more persons in any one occurrence; 7. Emergency Action Plan —On the event application require organizer to provide a more complete plan of action for emergency preparedness during event, on-site contact information and a communication plan. Emergency Action Plan items should include: -Communication plan with staff and volunteers -Emergency response procedures and contact information -Evacuation -First Aid -Protecting event participants and volunteers -Securing valuables -Weather conditions -Crowd control -Designated "Lost Child" area 8. Food Trucks— Provide reference to city ordinance on the event instructions. Private parties on City property having a food truck must be inspected by Fire Department. Include information on grey water barrel requirements and add contact information to Washington County Public Health & Environment. 9. Insurance— List the current minimums required on event instructions which includes listing the City as an additional insured. Current standards: General liability insurance in the amount of at least $1,500,000 or statutory limit combined single limit. The category "Events" are excluded from this requirement. 10. Vendor Types,— Require organizer to differentiate between food and retail on application. Add contact website information to Washington County Department of Public Health & Environment. Require organizer to submit their list of food vendors along with a detailed plan showing distance between each food vendor location. Indicate inspections required on propane tanks, generators, electrical hookups, etc. with reference to State code. 11. Site Plan — Provide a detailed list of items required to be included on the site plan or submitted with application. Such items include traffic control plans, locations of first aid, volunteer locations, water stations, spacing of vendors, etc. Events in the City of Stillwater for 2017 Start Date Name of Event Location of Event: 1/14/2017 Sticks in Stillwater Stillwater Rec Center 1/21/2017 Hockey Day Minnesota North Lowell Park and Parking Lots 8B,9, 10, 11,4 and 5) 1/28/2017 Winter Ice Cream Social Lowell Park Amphitheater 2/18/2017 Brine's Bocce Ball Tournament Water Street Parking Lot 4/22/2017 Stillwater Earth Day Celebration North Lowell Park 5/15/2017 Wash Cty Law Enforcement Memorial Day Pine Street between 3rd and 4th St 5/17/2017 Liberty Garage Sale Liberty Neighborhood 5/19/2017 Estates at Greeley Carnival William Street between Oak Street and Olive St 5/20/2017 SPD Youth Bike Safety Rodeo Trailhead parking lot#12 5/27/2017 Stillwater Half Marathon Route through City ending at Pioneer Park 5/29/2017 Memorial Day Ceremony Lot 19 and Veterans Memorial Plaza 6/3/2017 Block party on North 5th St North 5th St between Maple St&Hickory St 6/7/2017 Cruisin'on the Croix Car Show Parking Lots 4,5,9, 10 and 11 6/9/2017 William St N Block Party William Street N from Elm Street to Aspen Street 6/10/2017 Stillwater Farmers Market Riverview Parking Lot 6/18/2017 North Star Grand Prix Stillwater Street-See approved course map 6/24/2017 Airflow Club Meet North Lowell Park 7/4/2017 Maple Island Brewery 4th of July 225 Main St N-private property 7/4/2017 Independence Day Celebration Pioneer&Lowell Park&Kohliner Park 7/11/2017 Summer Tuesdays North Lowell Park 7/14/2017 Habitat 500 Bike Ride Route on 75th Street(Grace Baptist Church) 7/21/2017 Lumberjack Days Lowell Park 7/22/2017 Lumberjack Days 5K/10K Pioneer Park with Route around McKusick Lake 7/27/2017 1st State Bank Open House Exclusive Use of Libery Square Park 8/1/2017 2017 Night to Unite Washington Square 8/12/2017 Liftbridge Closing Community Celebration Chestnut Street(Main St to Bridge) 8/13/2017 Chilkoot Gran Fondo Pioneer Park and Route 8/18/2017 Ragnar Relay Route through the City(Stillwater Jr High) 8/26/2017 Stairs of Stillwater Fundraiser Route with start/finish in North Lowell Park 9/2/2017 Labor Day Festival-DENIED North Lowell Park 9/8/2017 St. Mary's Festival 5th Street between Oak Street and Pine Street 9/9/2017 Nilmdts Rememberance Event North Lowell Park with route 9/14/2017 Estates at Greeley William Street between Oak Street and Olive St 9/16/2017 Block party on North 5th St North 5th St between Maple St&Hickory St 9/23/2017 Family Fun Fest 1500 Curve Crest Blvd-private property 9/23/2017 Bagpipes&Bonfires The Episcopal Church of the Ascension,214 N.3rd St 9/30/2017 St Croix Catholic Walk-a-Thon St Croix Catholic school with route 10/7/2017 Rivertown Fall Art Festival North Lowell Park&Lots 5,9&11 10/7/2017 Faster Than the Pastor Route through City-see map 10/14/2017 Stillwater Harvest Fest&Giant Pumpkin Weigh-off North Lowell Park and City Parking Lots 4,5&9 11/11/2017 Veterans Day Ceremony Upper Riverview Parking Lot(closed from 8am to 2pm) 1/4/2018 Ice Castles of Stillwater North Lowell Park b/w Gazebo and Bridge o o m � z i w ZCL o Ew 00 0 S*; IIIIIIII o 000 s MP�N luo \ 1S NIVW 1S PIE '1S 41b �S 3nV Cl O.Dso ul z_ N K rN 1S u 41 b Y W Z_ OU a O J W K N MO S 13323O tJ' co 5� Ji RO' � H G� G� ^p uuuw � I U m z w IN 3nV lV3N 0 QN�H1aON ��jQ zl Env � � 3AH RESOLUTION 2010-204 RESOLUTION ESTABLISHING POLICIES RELATED TO REVIEW OF EVENT APPLICATIONS WHEREAS, in the past, the review of event applications has been somewhat inconsistent; and WHEREAS, the City Council established a Special Events Task Force to study issues related to events and directed them to develop recommendations for addressing those issues; and WHEREAS, the Special Events Task Force met for 18 months to develop recommendations, which were presented to the City Council on October 5, 2010; and WHEREAS, the City Council considered the Task Force recommendations for.. several months and found them to be reasonable and acceptable. NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves policies and procedures for reviewing event applications as follows: 1. For the purpose of determining which gatherings will be required to submit an event application to the City for review, the following thresholds will apply: Event Special Event Special Event With Contract A gathering is considered an A gathering is considered a special A special event requires a event when any one of the event when any one of the contract with the city if.• following thresholds applies: following thresholds applies: 1) Closure of street-One block of 1) Closure of street-One block of a a residential street is closed for up residential street is closed for more to 5 hours;or any portion of a than 5 hours;or more than one block commercial street is closed for up to of a residential street is closed for any 2 hours. length of time;or any portion of a commercial street is closed for 2 hours or more. 2)Public parking lot use- 1 to 9 2)Public parking lot use-10 or spaces in a public parking lot are more spaces in a public parking lot reserved, are reserved. 3)Street use-The event has a 3)Street use- The event has a route route on a public street(s), such as on a public street(s)(such as a race, races, walks, or parades. walk or parade)that requires street closure, traffic control, street sweeping, or the use of"no parking signs"along the route. continued on next page) continued on next page) continued on next page) Event Application Policies Page 2 of 5 4)Number of people in a park- 250 or more people are expected at a time in a public park. (Note:Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold). Contract with city required— Overtime of city employees is necessary, OR extra paid personnel are necessary, OR extra-ordinary city employee support or city materials are necessary, OR any out-of- pocket expenses are incurred by the cit . 2. The following policies related to public notification and public comment will apply: a. Organizers of gatherings small enough to be considered an "event" (as distinguished from larger gatherings that are considered "special events") are not required to provide public notification or an opportunity for public comment. b. Organizers of"special events" that occur entirely within a park (and do not require a contract with the city) are not required to provide public notification or an opportunity for public comment. c. Organizers of"special events" that are not entirely within a park are required to provide public notification to immediately adjacent property owners. i. For special events that are not located entirely within a park and DO NOT require a contract with the city, public notification to immediately adjacent properties will be in the form of a simple flyer. 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. ii. For special events that REQUIRE a contract, notification to immediately adjacent properties must be in the form of a direct mailing or hand delivered flyer. 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. Event Application Policies Page 3of5 4. The public notification must be distributed by the organizer at least 7 days before the special event. 5. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. 6. If there is a website for the special event, the website address must be included in the notice. The link for the website should also be provided on the city's website. d. Special events that REQUIRE contracts will need to provide an opportunity for public comment. i. Public comment must be in the form of a neighborhood meeting that must occur prior to consideration of the special event request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. The city will host the neighborhood meeting. A staff member will be in attendance, as will the Councilmember whose ward the event occurs within. The costs for mailing notices by first class mail and the costs of hosting the meeting must be paid by the applicant for the special event permit together with any applicable permit application fees. ii. Any special event that has a contract with the city in 2010 will be considered "grandfathered". This is to say that these special events will not have to conduct a neighborhood meeting before their contracts are renewed each subsequent year, unless there are substantive changes to the event that impact city services or neighborhoods. iii. Whether a special event operating under a contract is "grandfathered" or not, all special events with contracts will be required to conduct a post-event questionnaire. The questionnaire will be offered on the city's website. [It will consist of three to five questions —the same questions would be used for all special events. The questionnaire should also include the chance for anyone to submit general comments.] The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event application request. e. A fully completed application form must be received by the city at least 60 days prior to a "special event" or "special event with contract", and 30 days prior to an event. Any applications that are incomplete, or received after the deadline will be rejected by the city. Event Application Policies Page 4 of 5 A summary of the public notice and public comment policies follows: Event Special Event Special Event with Contract No neighborhood notice required Neighborhood notice not required if Neighborhood notice by event host special event occurs completely required within a city park. If it does not,then nei hborhood notice is required. No public comment required No public comment required Neighborhood meeting is required, unless the event is" randfathered".1 No post-event questionnaire No post-event questionnaire required A post-event questionnaire is required. required This requirement also applies to '.grandfathered"special events. Reviewed only by city staff, unless Reviewed by City Council, city staff, Reviewed by City Council, city staff, a noise variance is requested. The and applicable Commissions and applicable Commissions Council must review a noise variance. 3. The following fees will apply: a. Out-of-pocket expenses - Fees for city services will be limited to the city's out-of-pocket expenses. Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, billables (e.g. postage), and any contracted services. b. "Event" application fee - No application fee will be charged for a gathering that meets the definition of an "event". An application for this type of gathering is reviewed only by staff, so out-of-pocket costs are very low. c. "Special event" application fee -A $50 application fee will be charged for a gathering that meets the definition of a "special event". An application for this type of gathering requires review by city staff, the Park Commission and/or Downtown Parking Commission, and by City Council. Production and distribution of the agenda packets for these groups would be covered by the application fee. d. "Special event with city contract" application fee —A $50 base application fee will be charged. In addition the cost of mailing notices (first class postage, letterhead, envelopes) for the public input meeting for this type of gathering must be paid by the applicant. e. Equipment - Equipment operated by city personnel to support an event will not be paid for by the event organizer, unless the equipment has to be rented by the city specifically for the event. f. Materials - Since event use of materials owned by the city (e.g. barriers, cones, signs) creates wear and tear on those materials, that use must be paid for by the event organizer. As long as the equipment and services are appropriate for the event, and the event can be run safely in the 'Any special event that already has a contract with the City during 2010 is considered"grandfathered"and as its contract is renewed annually, it is not required to provide an opportunity for public comment,unless there are substantive changes to the event. Event Application Policies Page 5 of 5 estimation of city staff, the organizer could contract for services and materials elsewhere. The fee schedule for city materials is: Picnic Tables $10.00 /table/day Orange Fencing $2.50 /lineal foot Trash Containers $8.00 /container/day Refuse Collection Cost of staff time Portable toilets $60/event/unit Portable toilet— Handicapped $150/event/unit Electrical use (Parks, except Lowell Park) $10.00/day Electrical use (Lowell Park) $20.00 per elec. box/day Barricade 4' to 12' $2.00/barricade/day Barricade 4' to 12' with flasher $5.00/barricade/day Drums $1.00 /drum/day Reflective Cones $1.00 /cone/day Traffic Sign on stand $2.00/sign/day PD No Parking Signs $1.00 /sign/day g. Park Usage Fee — Standard park reservation and facility use fees will apply. In addition, a $500 Park Usage Fee may be charged. Whether the $500 Park Usage Fee is charged or not will be left up to the Park Commission with advice from the city park maintenance department. The $500 fee is charged if an event is expected to produce extraordinary wear- and-tear on park turf. In the case of events that occur annually, if the turf sustained an extraordinary beating one year, the Park Commission should require a $500 Park Usage Fee the next year. Adopted by the Stillwater City Council this 21St day of December, 0. Oarycki,lMayor ATTEST: Diane F. Ward, City Clerk RESOLUTION APPROVING UPDATED CITY OF STILLWATER EVENT POLICIES AND RESCINDING RESOLUTION 2010-204 "ESTBLISHING POLICIES RELATED TO REVIEW OF EVENT APPLICATIONS" WHEREAS, the City wishes to promote community events while protecting public health, safety and welfare of residents and visitors; and WHEREAS,the City Council approved Resolution No. 201-204"Establishing Policies Related to Review of Event Applications"in December 2010; and WHEREAS, over the past 18 months, City staff has reviewed provisions of the current City Event Policies, surveyed and compared similar communities' event policies, developed and shared proposed updated language for the City's event policy with City staff, organizers of events held in Stillwater over the past year,and the City Parks and Recreation Commission; and WHEREAS, the Parks and Recreation Commission has reviewed proposed updated language for the City's event policy on numerous occasions in 2017 and provided feedback, recommendations and direction to staff regarding proposed updates to the City's event policy; and WHEREAS, the City Parks and Recreation Commission, at its September 25, 2017 regular meeting, recommended approval of the attached updated City of Stillwater Event Policies. NOW THEREFORE,BE IT RESOLVED by the Stillwater City Council that the attached Updated City of Stillwater Event Policies is hereby approved. BE IT FURTHER RESOLVED by the Stillwater City Council that Resolution 2010-204 "Establishing Policies Related to Review of Event Applications"is hereby rescinded. Adopted by the Stillwater City Council this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk CITY OF STILLWATER EVENT POLICIES October 2017 1. Event Thresholds For the purpose of determining whether a City of Stillwater event application is required, the following thresholds apply: Event Special Event Special Event With Contract A gathering is considered a A gathering is considered a A special event requires a special event when anv one special event when anv one contract with the city if: of the following thresholds of the following thresholds applies: applies: 1)Closure of street—One 1) Closure of street—One 1) Closure of street—The event block of a residential street block of a residential street is is substantially disruptive to is closed for up to 5 hours; closed for more than 5 hours; traffic flow requiring uniform or any portion of a or more than one block of a traffic control. commercial street is closed residential street is closed for for up to 2 hours. any length of time; or any portion of a commercial street is closed for 2 hours or more. 2) Public parking lot use— 1 2) Public parking lot use—10 to 9 spaces in a public or more spaces in a public parking lot are reserved. parking lot are reserved. 3)Street use(including 3) Street use(including sidewalks and trails)—The sidewalks and trails)—The event has a route on a event has a route on a public public street(s), sidewalks or street(s), sidewalks or trails, trails, such as races, walks, (such as a race,walk or or parades that don't parade)that requires street require traffic control and closure, traffic control, street obeys all traffic rules. sweeping, or the use of"no parking signs" along the route, or is substantially disruptive to traffic flow requiring uniform traffic control. 4) Number of people in a 4) Number of people in a park Number of people in a park or park or City facility—250- or City facility- 1000-2500 City facility-2500 or more 1000 people including people including spectators, people including spectators, spectators,vendors, vendors, performers and vendors, performers and performers and volunteers volunteers are expected in a volunteers are expected in a are expected at a time in a public park.' public park.' public park.' The event occurs on multiple days, OR extra-ordinary city employee support or city Page 2 of 5 materials are necessary, OR any out-of-pocket expenses'are incurred by the city, OR cost of City Services is over$1,000. 'Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold. 20ut-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies,billables(e.g.postage), and any contracted services. 2. Application Submittal Event applications must be submitted within the following timelines: Event Special Event Special Event With Contract Application Due 30 days Application due 90 days prior Application due 120 days prior prior to event to the event to event No Application Fee $50 non-refundable $100 non-refundable Application Fee Application Fee Any application submitted after application submittal deadline will be charged a $100 late fee. Late applications may jeopardize the ability to receive event approval. Failure to pay application fees may result in a dismissal of application. Submitted applications will go through a preliminary review by city staff to ensure event application is complete (usually within one week). Further review of application may take place at City Commissions and/or City Council meetings as necessary. Organizer will be notified of the dates of those meetings. Acceptance of application should in no way be considered final approval of event. An event permit and/or contract will be issued when event is approved. An Event Application can be submitted one year in advance of the event. Past events will have priority if scheduling conflicts arise. City staff will contact previous event organizer to allow first right of refusal. Page 3 of 5 3. Public Notification and Public Comment: A summary of the public notice and public comment policies follows: Event Special Event Special Event with Contract No neighborhood notice Neighborhood notice not Neighborhood notice by event host required required if special event occurs required completely within a city park. If it does not, then neighborhood notice is required. No public comment required No public comment required Neighborhood meeting is required, unless the event is "grandfathered".' No post-event questionnaire No post-event questionnaire A post-event questionnaire is required required required. This requirement also applies to "grandfathered" special events. Reviewed only by city staff, Reviewed by City Council, city Reviewed by City Council, city staff, unless a noise variance is staff, and applicable Commissions and applicable Commissions requested. The Council must review a noise variance. a. Organizers of an "Event" (as distinguished from larger gatherings that are considered "Special Events") are not required to provide public notification or an opportunity for public comment. b. Organizers of"Special Events" that occur entirely within a park (and do not require a contract with the city) are not required to provide public notification or an opportunity for public comment. c. Organizers of"Special Events" that are not entirely within a park are required to provide public notification to immediately adjacent property owners. i. For special events that are not located entirely within a park and DO NOT require a contract with the city, public notification to immediately adjacent properties will be in the form of a simple flyer. 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. ii. For special events that REQUIRE a contract, notification to immediately adjacent properties must be in the form of a direct mailing or hand delivered flyer. Any special event that already has a contract with the City during 2010 is considered"grandfathered"and as its contract is renewed annually, it is not required to provide an opportunity for public comment,unless there are substantive changes to the event. Page 4 of 5 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. 4. The public notification must be distributed by the organizer at least 7 days before the special event. 5. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. 6. If there is a website for the special event, the website address must be included in the notice. The link for the website should also be provided on the city's website. d. Special events that REQUIRE contracts will need to provide an opportunity for public comment. i. Public comment must be in the form of a neighborhood meeting that must occur prior to consideration of the special event request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. The city will host the neighborhood meeting. A staff member will be in attendance, as will the Councilmember whose ward the event occurs within. The costs for mailing notices by first class mail and the costs of hosting the meeting must be paid by the applicant for the special event permit together with any applicable permit application fees. ii. Any special event that has a contract with the city in 2010 will be considered "grandfathered". This is to say that these special events will not have to conduct a neighborhood meeting before their contracts are renewed each subsequent year, unless there are substantive changes to the event that impact city services or neighborhoods. iii. Whether a special event operating under a contract is "grandfathered" or not, all special events with contracts will be required to conduct a post- event questionnaire. The questionnaire will be offered on the city's website. [It will consist of three to five questions—the same questions would be used for all special events. The questionnaire should also include the chance for anyone to submit general comments.] The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event application request. Page 5 of 5 4. Fee Structure Event Special Event Special Event With Contract No event base fee required $500 per day* Base Fee $1,000 per day* Base Fee subject to negotiated contract provisions. Events with Routes—No Events with Routes—$1 per Events with Routes—$1 per participant fee required registered participant registered participant $100 refundable damage $1,000 Security Deposit $1,000 Security Deposit subject deposit if using a park to negotiated contract provisions. *Per Day includes each day of event. Separate load-in day fee of$500/day will apply. Event fees are due with the application. All other fees to be billed to the organizer and are due after the event takes place. In order for the City to recover costs for City materials, equipment and personnel that are utilized to support the event, the following fees shall apply: Picnic Tables $10.00/table/day Orange Fencing $2.50/lineal foot Trash Containers $8.00/container/day Refuse Collection Cost of staff time Portable toilets $60/event/unit Portable toilet— Handicapped $150/event/unit Portable toilet—Additional service $25/unit/service Electrical use (Parks, except Lowell Park) $10.00/day Electrical use (Lowell Park) $20.00 per elec. box/day Barricade 4' to 12' $2.00/barricade/day Barricade 4' to 12' with flasher $5.00/barricade/day Drums $1.00/drum/day Reflective Cones $1.00/cone/day Traffic Sign on stand $2.00/sign/day PD No Parking Signs $3.00/sign/day Street Sweeping $75/hour Public Works Department Staff Services Actual employee rate Police Department Staff Services Actual officer rate Fire Department Staff Services Actual officer rate Inspection — Food Stands /Tents $100, 1" day; $25 each additional day Wei ..... ...... Administration TO: Mayor & City Council PA FROM: Tom McCarty, City Administrator - r DATE: September 29, 2017 SUBJECT: White Bear Lake Court Ruling Information On August 30, 2017, Ramsey County District Judge Margaret Marrinan issued a decision regarding the lake level on White Bear Lake that potentially impacts the City of Stillwater. The Court's decision requires the Department of Natural Resources (DNR) to review appropriation permits for groundwater wells within a 5 mile radius of White Bear Lake to verify compliance with various provisions of state statutes and codes relating to groundwater usage. The 5 mile radius includes a portion of the City of Stillwater and depending upon the DNR's interpretation, may include Stillwater's total water supply system. The DNR has issued a press release stating it will appeal the Court's decision and it is likely that the League of Minnesota Cities and other organizations will join in the appeal. City staff and City Water Board staff will continue to monitor the status of the Court ruling and provide updates to City Council as necessary. The Court's Order, DNR press release, LMC email and newspaper articles related to this case are attached as background information. 2164 1h Street N,Stillwater, MN 55082 651-430-8800 Website:www.ci.stillwater.mn.us t , L J2 600 =, e i o DEPARTMENT OF NATURAL RESOURCES NATURAL RESOURCES :i.. ,iN �, , ,., ,i , .<i,o ,�iYG��1 GIfil�itiG/i�ii,iiti�%. /� ,',,,Pla�aa ,i�yi,,7 16,1/.✓ ,,�,,,,i iiF i/ fin,.,,.. DNR News Release For Immediate Release: Contact:Chris Niskanen Sept.26, 2017 Chief Communications Officer 651-259-5023 DR to appeal White Bear Lake ruling Court ruling would place unnecessary burdens on more than 500,000 White Bear lake area residents Judge's ruling would immediately halt important development within 5 miles of White Bear lake, stalling road construction, utility improvements, and residential construction Ruling not supported by scientific evidence, creating precedent that could restrict development and impose new burdens on residents across Minnesota The Minnesota Department of Natural Resources today announced it will appeal a Ramsey County District Court ruling regarding water management of White Bear Lake and its surrounding groundwater. Without appeal, the court's ruling would place unnecessary burdens on more than 500,000 White Bear Lake area residents, and immediately halt important development within 5 miles of the lake—stalling road and utility improvements, business growth, and residential construction. 2 The judge's nU|inQ—VVhich is not rooted in the hest available science—VVOuld not significantly help the lake reach the court's desired water level, and would likely set 3 new statewide precedent imposing similar burdens and restrictions onresidents, businesses, and communities across Minnesota. "The DNR is strongly committed tm protecting Minnesota's many precious water resources, including White Bear Lake and its surrounding aquifers. We take that responsibility very 5erinus|y," said DNR Commissioner Tom Landxvehr. "But responsible, effective water management must besupported hysound science. The decisions vvemake must balance the needs Vfall Minnesota residents and businesses to ensure everyone has reliable access to clean, affordable water. That important balance, and the quality mflife we all enjoy, are at stake in this ruling, which merits a thorough review bythe Minnesota Court ofAppealu." Under the District Court's ruling, ifwater levels remain below 923.5feet above sea level in White Bear Lake, new irrigation and development restrictions would be imposed on area residents and businesses. DNR data show, however, that White Bear Lake's water levels have registered below this proposed 923.5-foot trigger level in 48 out Ofthe past 5Oyears. And according tothe best available science, the DNR has concluded these new restrictions would have little impact on raising or maintaining the court's desired water levels inWhite Bear Lake. Nonetheless, if the District Court's ruling is not overturned, residential watering would bebanned for 50O,0OOarea residents byearly 2O18, and could not resume until the lake rises above 924 feet. Under the court's ruling, this expansive residential watering restriction vvmu|d remain in place for multiple years during dry periods, and would have likely been inplace for the past 1Oyears had the court's order been in effect. Additionally, all temporary water permits for construction within 5 miles of White Bear Lake would beimmediately prohibited under the court'sru|ing—aChangeLhat would stall road construction, utility, and residential development projects in area communities. In the last five years alone, 31 construction projects within 5 miles of the lake required such 8permit. "The DNR isfirmly committed to protecting our lakes, rivers, and aquifers. But unnecessary water restrictions can be profoundly disruptive to people, our economy, andconnrnuni1ies," LandxvehrSaid. °Thesciencedoesnotsupportsuchnbrood irrigation ban, nor these extremely restrictive development prohibitions. More importantly, these restrictions would d0 little to achieve or sustain desirable water levels inWhite Bear [ake." Landwehr said, however, that the agency does believe some changes to water use may be needed and it is developing an enhanced water model to better understand theirnpactVfpunnpingfrornspecificvve||snearVVhiteBearLahe. °Thisisinformnation that we have only recently been able to develOp," he said. "With this new tool, we aro 3 committed to working with local communities, businesses and residents to make carefully targeted, well-informed modifications to water use in the area." DNR water experts and local government leaders have serious concerns about the precedent the court's ruling could establish. if applied elsewhere in Minnesota, this restrictive approach to water management could severely curtail new and amended groundwater appropriation permits for all types of uses, beyond what is needed to ensure water sustainability. The DNR has until Oct. 30 to appeal the court's decision, but is announcing its decision now because many area communities are concerned with the ruling and want to know how the DNR will proceed. During the appeal process, the DNR will work with permit holders in the White Bear Lake area to implement some elements of the ruling. The agency will be talking soon with communities about how it will approach this in as collaborative a manner as possible. MDEPARTMENT OF NATURAL RESOURCES C)eparb,,rlenit of Naturae Resources mndr�r,gav k I 'aH info.dnr(5),state.MIIAJS � C all 651 2%-6157643141,367 V, �S U CFi 1[3 E R S F",I,I/d G E:S Manage Prefer urns lLnsutscribe G I-,i& -up for other Minnesota DNR notifications bait�,aanvnorqftstate mn.gs 4 NOW THEREFORE,IT IS HEREBY ORDERED: I The Court declares that the DNR's current and planned permitting of high capacity groundwater appropriations and management of White Bear Lake and the Prairie du Chien-Jordan Aquifer violate: A. MERA, by impairing both White Bear Lake and the Prairie du Chien Aquifer. B. The Public Trust Doctrine,by: I Causing a continuing decline in the levels of both the Prairie du Chien Jordan Aquifer and of White Bear Lake that diminishes the size of the lake and its lakebed, and adversely impacts public uses of the lake; and 2) Failing to take remedial measures within its authority to protect White Bear Lake and the Prairie du Chien Aquifer,when it had knowledge that its actions in issuing and failing to manage high capacity groundwater pumping permits were adversely affecting the lake and aquifer. 2. The Court declares that by virtue of its violating the following statutes and rules, the DNR has violated MERA: A. M.S. § 103G.211 (the draining of the lake resulting from the excessive pumping of the aquifer); B) M.S. § 103G.287, subd. 5 (issuance of permits for pumping without a determination that the amount of use is sustainable, particularly for future generations); C) M.S. § 103G.287 and .285 (failing to set collective annual withdrawal limits from the lake; failing to require permittees to submit contingency plans for alternate water sources; failing to set a meaningful trigger for implementation of 136 action before the protected elevation is reached); and D) M. Rule 6115.0670 (approval of groundwater appropriations without sufficient data to determine the effects of the appropriation allowed). 3. The DNR is prohibited from issuing appropriation permits for new groundwater wells, or increasing appropriation amounts in existing groundwater permits, within a 5- mile radius of White Bear Lake until it has fully complied with the requirements of the above statutes. To that end, it shall: A) Review all existing groundwater appropriation pen-nits within a 5-mile radius of White Bear Lake, analyzing them both individually, and cumulatively, to ensure compliance with the sustainability standard of M.S. §103G.287, subd. 5. The review will be completed within one year of the date of this order. The specific results of the analysis will be published in a public newspaper, in a form understandable to the general public. B) In the event that any of the above permits do not comply with the sustainability standard set by statute, they will be reopened and down-sized within 6 months of failure to comply with the sustainability standard of M.S. § 103G.287, subd. 5. C) Analyze the cumulative impact of these permits within the 5-mile radius of White Bear Lake to determine whether pumping at the maximum rates allowed by the permits is sustainable. The analysis will be completed within one year of the date of this order. The specific results will be published in a public newspaper, in a form understandable to the public. 4. For groundwater permits within a 5-mile radius of White Bear Lake,the DNR shall comply with all the applicable provisions of M.S. § 103G.285, including: A) Setting a collective annual withdrawal limit for White Bear Lake; B) Setting a trigger elevation of 923.5 feet for implementation of the protected elevation; 137 C) Preparing, enacting and enforcing a residential irrigation ban when the level of White Bear Lake is below 923.5 feet,to continue until the lake has reached an elevation of 924 feet.The preparation and enactment of this process will be completed within 6 months of this order. D) Requiring that all existing permits include an enforceable plan to phase down per capita residential water use to 75 gallons per day and total per capita water use to 90 gallons per day. The enactment of this requirement will be completed no later than I year from the date of this order. E) Immediately amending all permits within the five mile radius of White Bear Lake to require that within one year of the date of this order, permittees submit a contingency plan in their water supply plans for conversion to total or partial supply from surface water sources. This contingency plan will include a schedule for funding design, construction and conversion to surface water supply. The Court notes that while the DNR has previously ignored the mandate of this statute, submission of these water supply conversion plans is required for the issuance of permits. Whether any conversion would occur shall be determined by the DNR and the affected communities. F) Requiring that all groundwater permittees report annually to the DNR on collaborative efforts with other northeast metro communities to develop plans as described in (D), above. 5. The DNR shall issue no groundwater appropriation permits unless it has sufficient hydrologic data to understand the impact, whether cumulative or otherwise, of those groundwater appropriations on White Bear Lake and the Prairie du Chien-Jordan Aquifer. 6. The DNR shall work with the Metropolitan Council to evaluate current conservation goals and update them as needed, 7. The DNR shall require that water supply plans include measurable conservation goals and shall evaluate compliance with water conservation requirements on all permits 138 f issued within the 5 mile radius of the lake. Should the individual community be out of compliance with those requirements,the DNR shall take appropriate action in down- sizing that community's permit. 6. For each day that the DNR is out of compliance with this Order, it will be subject to a fine of$1000 per day. 7. Costs are awarded Plaintiff and Plaintiff/Intervenor against Defendant DNR. 8. The Court retains jurisdiction over this action to monitor the DNR's compliance with the conditions imposed by this Order. LET JUDGMENT BE ENTERED ACCORDINGLY, 30 August 2017 BY THE COURT: 4argg,avret Marrinan Judge of District Court Memorandum The last 12 months have been the wettest on record in Minnesota, a record that dates back to 1837. From August, 2016 to July, 2017, 40.72 inches of rain fell in the Twin Cities,well above the 30-year average for annual MSP rainfall of 31 inches (which is 20%wetter than the 1941-1970 rainfall average of 26 inches).568 The span of time between the start of this trial and the date of this Order runs from March 6, 2017 to August 30, 2017. In that period of time, 24.02 inches of rain fell in the Twin Cities, as 568 Paul Douglas, Minneapolis Tribune,August 16,2017. 139 compared to the annual average rainfall of 19.33 inches.569 In January, 2017, the level of White Bear Lake was approximately 923 feet; in May,2017, 923.8 feet; on August 24, 2017, 923.17 feet.570 None of this information appears in the body of the Court's Order because most of it occurred after the time of trial. It is included in this Memorandum simply to alert the reader that 1) the Court recognizes the large amounts of rain have fallen in the last several months; 2)the fact that 24 inches of rain has fallen in a 6 month period does not translate to an increase to the lake of that amount--or anything near it; and that 3) the findings of fact remain valid: that in the long term (years, decades) White Bear Lake levels are controlled mainly by groundwater fluctuations, and in the short term (monthly, seasonally)by precipitation and runoff. 1/j 30 August 2017 mmm569 �e Weather Underground,August 29,2017, 570 Minn. DNR website,August 29,2017. 140 Minnesota to appeal landmark White Bear Lake ruling I Star Tribune Page 1 of 6 EAST METRO Minnesota to appeal landmark White Bear Lake ruling � I "7k � t M d H�^ ✓ggP� �� ��ra.�'�. 4x� r� & k//� .� r17 i i dry rnf W 16 E3y DAVID PETERSON, S'T'AR TRIBUNE The state of Minnesota will appeal a landmariz ruling on the excessive pumping of groundwater around White Bear Lake, saying it is "not supported by scientific evidence" and would "immediately halt important development" within five miles of the lake. In a written statement Tuesday underlining the ruling's potential to reach all across Minnesota, DNR Commissioner Tom Land.Nvehr said: "The DNR is strongly committed to protecting Minnesota's many precious water resources, including White Bear Lake and its surrounding aquifers. We take that http://m,startribune.com/state-to-appeal-landmark-white-bear-lake-ruling/44807263 3/?sect... 9/27/2017 Minnesota to appeal landmark White Bear Lake ruling I Star Tribune Page 2 of 6 responsibility very seriously. But responsible, effective water management must be supported by sound science." Katie Crosby Lehmann, lead attorney in a team of lawyers that worked the case over several years' time, said in a statement late Tuesday: "We stand by the detailed scientific evidence from the monthlong trial. As demonstrated by the [judge's 14o-page] opinion, the DNR has known of the problems caused by its permitting actions since issuing its own 1998 study and has concluded that the water use in the north and east metro area is not sustainable." � I uu li u � it i / l i 1 White Bear Lake court ruling could ripple across the state The case stems from a long drought that turned much of White Bear Lake into a weedy mudhole, forcing lake owners to extend docks hundreds of feet in order to keep boating and causing the closure of a popular beach. Heavy rains in recent years have pushed the lake several feet higher than the low point it reached in 2013. But the plaintiffs and Ramsey County District Judge Margaret Marrinan, now retired and moved to senior status, stressed that the case was not about short-term climate trends. Rather, it's the principle of state officials acting as proper trustees of public resources, including aquifers. The DNR counters that, under the terms of the ruling, "if water levels remain below 923.5 feet above sea level in White Bear Lake, new irrigation and development restrictions would be imposed on area residents and businesses. http://m.startribune.com/state-to-appeal-landmark-white-bear-lake-ruling/44 807263 3/?sect... 9/27/2017 Minnesota to appeal landmark White Bear Lake ruling I Star Tribune Page 3 of 6 "DNR data show, however, that White Bear Lake's water levels have registered below this proposed 923.5400t trigger level in 48 out of the past 58 years, And according to the best available science, the DNR has concluded these new restrictions would have little impact on raising or maintaining the court's desired water levels in White Bear Lake." Watering concerns The basis for the case was the DNB's role in granting permits for high-capacity wells as suburbs sprawled in the area, with their heavy use of groundwater to irrigate lawns and the like. While some parts of the metro rely on water from the Mississippi River,the DNR itself chose the northeast metro as a staging ground for careful inspection of long- term water use because the area relies on aquifers. Felt So Betrayed" Joanna Want�Fvc,,iyuno 1'o Know I he Peal Rens,,on Why > )i Joanna Gaines Ousted By HGTV-I Never Marrinan's opinion suggests that the agency was caught between its own scientists' concern for long-term sustainability of the water in the area and the fury of growth- minded suburbs at the prospect of suffering restrictions that would force brown lawns and dead gardens on suburbanites while choking off revenue that cities count on to pay for water infrastructure. The DNR's statement on Tuesday underscores its concern at what could happen with tough restrictions. Unless the state Court of Appeals overturns the ruling, the agency said, "residential watering would be banned for 50o,000 area residents by early 2018, and could not resume until the lake rises above 924 feet [and that] would remain in place for multiple years during dry periods, and would have likely been in place for the past to years had the court's order been in effect. "Additionally, all temporary water permits for construction within five miles of White Bear Lake would be immediately prohibited under the court's ruling — a change that Would stall road construction, utility, and residential development projects in area communities. In the last five years alone, 31 construction projects within five miles of the lake required such a permit." In her statement, Crosby Lehmann countered by saying that the issue is the protection of the underlying resource. http://m.startribune,com/st,cite-to-appeal-landmark.-wliite-bear-lake-ruling/448072633/?sect... 9/27/2017 Minnesota to appeal landmark White Bear Lake ruling I Star Tribune Page 4 of 6 "The DNR is the steward of our water and is bound to follow the law," she said. The judge "found that the DNR violated the law, and provides a road map as to how to hold the DNR accountable while protecting the lake and the underlying aquifer," The agency said that although it has until Oct. 30 to appeal, it is signaling its intent sooner "because many area communities are concerned with the ruling and want to know how the DNR will proceed. During the appeal process, the DNR will work with permit holders in the White Bear Lake area to implement some elements of the ruling.The agency will be talking soon with communities about how it will approach this in as collaborative a manner as possible." David Peterson - 651-925-5039 Comments 16 NEXT IN LOCAL Minneapolis chiropractor among 3 on trial for $20M insurance fraud Hastings homeless shelter for men to close doors Advocates take push for $15 minimum wage to St. Paul City Hall Hennepin County Board approves purchase of landmark Thrivent Financial building for $55 million http://m.startribune.com/state-to-appeal-landmark-white-bear-lake-ruling/44807263 3/?sect... 9/27/2017 Minnesota to appeal landmark White Bear Lake ruling I Star Tribune Page 5 of 6 Brooklyn Park man killed by his roommate; suspect arrested a ire� Plateau MOST READ Minnesota to appeal landmark White Bear Lake ruling Four more girls added to list of Woodbury school bus sex assaults White Bear Lake court ruling could ripple across the state Former Stillwater mayor to be sentenced for tax fraud Long-awaited St. Croix bridge is feat of engineering, political will http://m.startribune.com/state-to-appeal-landmark-white-bear-lake-ruling/44807263 3/?sect... 9/27/2017 Minnesota to appeal landmark White Bear Lake ruling I Star Tribune Page 6 of 6 SECTIONS Home Weather Local Politics Sports Nation Business World Opinion Obituaries Variety Sports Scores Health �-fihii hts Sponsored content('rorn Mayo Clinic MORE SECTIONS P�m ��,W9ra�lea�rcrmnPo�iU rilOiA�1 i�� 60",201241 �� � aaaiacerrra �'�,i.`i/lJliiri°rz/r F u/ VACAn'ON' ;TR kt41, l-ttp://m.startribune.com/state-to-appeal-landmark-white-bear-lake-ruling/448072633/?sect... 9/27/2017 MIN DNR kzappeal White Bear Lake water levels ruling Page } Of5 NEWS > OUTD0O0S M 0 �4inneso0a DNR will appealpeal White i0e Bear Lake decision By RYAN FA|RCLOTHI [fairC|O\hN)pioOee[p[esS.:O0 | Pioneer Press PUBLISHED: September 26'2nl7nt4:47pm|UPDATED:September 26.yU17u\6:36pm The Minnesota Department of Natural Resources will appeal a judge's ruling on White Bear Lake's fluctuating water levels, The DNR said Tuesday that Ramsey County Judge Margaret Murrinan'sruling would burden more than 500,000 residents in and around White Bear Lake,as well ashalt development within five miles ofthe take. "The DNR is strongly committed to protecting Minnesota's many precious water resources, including White Bear Lake and its surrounding aquifers,"said DNR Commiss(onerTomLandvvehrinastetement.''8utreoponsi6io,effectiVeweter management must besupported bysound sdence,° Warrinanruled inAugust that the DNR violated state law bymishandling groundwater pumping permits near the lake,intensifying its fluctuating water levels,The ruling was a victory for property owners and others who had sued the DNR. wardnanordered the DNR tnreview groundwater permits within a five-mile radius ofWhite Bear Lake,set apumping cap and implement aresidential watering ban if lake levels fall below 923.5feet above sea level. The latest measurement of the take's water levels was 922.96 feet,taken Sept.21. hdn:/hwvvn/.twineitiem.00nI/2Ol7/0q/26/ oimnemotu-dor-m/il[-appon]-vvhite-bear-{nko-decimioo/ 9/27/2017 MN DNR to appeal White Bear Lake water levels ruling Page 2 of 5 Re orda d '^atilt Levels 4a� El"W" Elf 1e,fC4t , a Y ^. ,j ),O d�a�b�� t;1Ji ite Bc i,V(f , (CUc,i" vs'yr 1"li lne" "Aa Df'IR) Residential watering would be banned by early 2018 for 500,000 area residents if the decision stays, according to the DNR,and would not resume until the lake rose above 924 feet. DNR data shows the lake's water levels have fallen below Marrinan's ordered trigger in 48 of the past 58 years.The DNR said in its statement the new restrictions would have minimal impact on raising or maintainingthe take levels. Marrinan's ruling also would prohibit temporary water permits for construction within the five-mile radius around White Bear Lake,stymieing road and residential development in the area,the DNR's statement said. But the agency does believe water use should undergo changes,Landwehr's statement said,and it is developing an enhanced water model to better understand the impact of pumping from specific wells near White Bear Lake. "With this new toot,we are committed to working with local communities, businesses and residents to make carefully targeted,well-informed modifications to water use in the area," Landwehr said. http://www,twincities.com/2017/09/26/minnesota-dnr-will-appeal-white-bear-Lake-decision/ 9/27/2017 MNDNR toappeal White Bear Lake water levels ruling Page ] 0f5 LAKE ADVOCATES CRITICIZE DNR APPEAL The White Bear Lake Restoration Association and local homeowners alleged in the five-year lawsuit that the fluctuations were the result of over-pumping of the underground aquifers connected tothe lake,The DNR, however,claimed the variations were natural. "We're disappointed. It's just a waste of money,"said WBLRA Chairman Greg McNeely V[the DNR'sappeal. The scientific evidence of the lakes fluctuations I,(-,overwhelming, McNeely said, The DNR is"just so stubborn,they don't want to accept any liability for anything," Aofor the concerns raised bythe DNR, McNeely responds:"The DNR uses scare tactics ... that are not backed upbyany evidence inthe tr|oi" WHAT JUDGE'S RULING SAID Mmrrinmn'sAugust ruling ordered the DNR tureview all groundwater permits within afive-mile radius ofthe take toevaluate whether water levels are sustainable. |fthey anan't,the permits would have tnbednvxns|zmd. Maninanalso ordered the DNR toset mcap ongroundwater pumping inthe five- mile nadius,axdimpiementmvesidentiaiwateringbon {f|ukeieve|sfaUbeiovv 923.5 feet. |n addition,the DNR must come upwith aplan tnlower water use inthe area within the next year,The lower limit wou Id amou nt to an average residential water use of75gallons per day, WHY WHITE BEAR LAKE? Last October,the United States Geological 3urveyfoundthmtVVhiteBearLekeis "especially sensitive"to take level fluctuations because of its rare deep-water outlets, "Groundwater enters white Bear Lake from shallow sites near the shore and leaves from deep-water sites at the bottom of the take,"the study said. "When water flows out ofthese sites,itflows into aquifers beneath the imke." ht[p://wnw.bvincitieB.cooz/20}7/04/26/miuoea0ta-dnr-vYi\}-appea]-nhitc-be8r-}ake-d*cisioo/ 9/27/2017 MN DNR to appeal White Bear Lake water levels ruling Page 4 of 5 The outflows are uncommon among Minnesota lakes,making White Bear Lake specially prone to water-level reductions. HOW COMMUNITIES HAVE REACTED Leaders from communities around the lake,including Hugo and Vadnais Heights, have expressed concerns about the impact of thejudge's ruling. White Bear Lake City Manager Ellen Richter has previously said the five-mile radius defined in thejudge's ruling is"strange"and lacks scientific evidence.The city sided with the DNR during the lawsuit and Council Member Dan Jones said he expects it will continue to do so, noting the concerns raised by the DNR. "I hope we win the appeal, but at the same time we've got to take conservation seriously,"Jones said. Tags: I I d o or,; Ryan Faircloth Ryan Faircloth is an intem working for the Pioneer Press as part of a I �Tg fall 2017 University of Minnesota journalism class. See Why The Best Spot In The Class Is From The Comfort Of Your Home! IZ More than just a class, a cycling studio, and a bike. Peloton delivers a fully engaging experience http://www,twincitie s.corn/2 01 7/09/26/minnesota-dnr-wi I I-appeal-white-bear-I ake-d eci sion/ 9/27/2017 MN DNR to appeal White Sear Lake water levels ruling Page 5 of 5 By 4"t I As you comment, please be respectful of other commenters and other viewpoints. Our goal with article comments is to provide a space for civil, informative and constructive conversations, We reserve the right to rernove any comment we deem to be defamatory, rude„ insulting to others, hateful„ off-topic or reckless to the community. See our full terms of use here. VIEW COMMENTS http://www,twincities.com/2017/09/26/minnesota-dnr-will-appeal-white-bear-lake-decision/ 9/27/2017 MNDNR 10appeal White Bear Lake water levels ruling Page ] Of5 NEWS } OUTDOORS Minnesota �� N��0�� k�n � 0��N � �� ��������N_�� Ni�N�� �� ���� NN appeal � � ��� ��� �� � decision�� ��0N� ���� � � � �� ����N� ���� � � � �� _~�� =~����� N =��� ���� ������0 �����N � By RYAN FA|RCLOTM | rf@i[clOth@p|0Uee/prema.Cnm I Pioneer Press PUBLISHED:September 26.2Ul7a\4:47pm|UPDATED:September 26.20l7o\6:3hpm The Minnesota Department of Natural Resources will appeal a judge's ruling on White Bear Lake's fluctuating water levels. The DNR said Tuesday that Ramsey County Judge Margaret Mar,inan'sruling would burden more than 500,000 residents in and around White Bear Lake,as well mshalt development within five miles ofthe lake. "The DNR is strongly committed to protecting Minnesota's many precious water resources,including White Bear Lake and its surrounding aqoifeo."said DNR Commissioner Tom Landwehr in a statement,"But responsible,effective water management must besupported bysound sdence.^ Marrinmnruled inAugust that the DNAviolated state taw bymishandling gi oundwater pu rnping permits nea r the lake, intensifying its fluctuating water levels.The ru ling was a victory for property owners and others who had sued the DNR. Marrinmnordered the DNRtoreview groundwater permits within a five'miie,mdiuy of White Bear Lake,set a pumping cap and implement a residential watering ban if take levels fall below 923.5feet above sea level, The latest measurement of the take's water levels was 922,96 feet,taken Sept.21, hUp://fvpw.1vvioci1iea.0000/20}7/04/26/ uioocom1D-doT-vvi[l-uppen]-vvhi1e-heuz-{uke-deoioioo/ 9/27/2017 MN DNR to appeal White Bear Lake water levels ruling Page 2 of 5 Recorded water Levels 2007-9-21 to 2017.9-21 92.5.ll rnµXrvrvrv8201c'E00 92PD 82t?34. �7t3fY 923'a aY 922 GD 921 kA 920 0 919.0 918,67 ...... Residential watering would be banned by early 2018 for 500,000 area residents if the decision stays,according to the DNR,and would not resume until the lake rose above 924 feet. DNR data shows the lake's water levels have fallen below Marrinan's ordered trigger in 48 of the past 58 years,The DNR said in its statement the new restrictions would have minimal impact on raising or maintaining the lake levels. Marrinan's ruling also would prohibit temporary water permits for construction within the five-mile radius around White Bear Lake,stymieing road and residential development in the area,the DNR's statement said. But the agency does believe water use should undergo changes,Landwehr's statement said,and it is developing an enhanced water model to better understand the impact of pumping from specific wells near White Bear Lake. "With this new tool,we are committed to working with local communities, businesses and residents to make carefully targeted,well-informed modifications to water use in the area," Landwehr said. http://www.twincities,com/2017/09/26/minnesota-dnr-will-appeal-white-bear-lake-decision/ 9/27/2017 MN DNR to appeal White Bear Lake water levels ruling Page 3 of 5 LAKE ADVOCATES CRITICIZE DNR APPEAL The White Bear Lake Restoration Association and local homeowners alleged in the five-year lawsuit that the fluctuations were the result of over-pumping of the underground aquifers connected to the lake.The DNR,however,claimed the variations were natural. "We're disappointed. It's just a waste of money,"said WBLRA Chairman Greg McNeely of the DNR's appeal. The scientific evidence of the lakes fluctuations is overwhelming, McNeely said. The DNR is"just so stubborn,they don't want to accept any liability for anything." As for the concerns raised by the DNR, McNeely responds:"The DNR uses scare tactics ...that are not backed up by any evidence in the trial." WHAT JUDGE'S RULING SAID Marrinan's August ruling ordered the DNR to review all groundwater permits within a five-mile radius of the lake to evaluate whetherwater levels are sustainable. If they aren't,the permits would have to be downsized. Marrinan also ordered the DNR to set a cap on groundwater pumping in the five- mile radius,and implement a residential watering ban if lake levels fall below 923.5 feet. In addition,the DNR must come up with a plan to lower water use in the area within the next year.The lower limit would amount to an average residential water use of 75 gallons per day. WHY WHITE BEAR LAKE? Last October,the United States Geological Survey found that White Bear Lake is "especially sensitive"to lake level fluctuations because of its rare deep-water outlets. "Groundwater enters White Bear Lake from shallow sites near the shore and leaves from deep-water sites at the bottom of the lake,"the study said. "When water flows out of these sites,it flows into aquifers beneath the lake." http://www,twincities.com/2017/09/26/minnesota-dnr-will-appeal-white-bear-lake-decision/ 9/27/2017 MNDNR k> appeal White Bear Lake water levels ruling Page 4of5 The outflows are uncommon among Minnesota takes, making White Bear Lake specially prone towater-level reductions, HOW COMMUNITIES HAVE REACTED Leaders from communities around the lake,including Hugo and Vadnais Heights, have expressed concerns about the impact ofthejudge'sruling. White Bear Lake City Manager Ellen Richter has previously said the five-mile radius defined in the judge's ruling is"strange" and lacks scientific evidence.The city sided with the DNR during the lawsuit and Council Member Dan Jones said he expects itwilt continue toduso, noting the concerns raised bythe DNR. I hope we win the appeal,but at the same time we've got to take conservation xerious|y."Jones said, \0)ii", l3cQl Tags: ()Wcl00TS | u�c ������ ��~��U���� .~� ~. . . ~... -~._~~. . RvmlFnirckXbisxuintern working for the Pioneer Press uspart ofa fall 2Ol7University o[Minnesota jounim|isiuclass. See Why The Best Spot In The Class Is From The Comfort Of Your Home! U More than just uoluoo cycling studio.. and ubike. } elnhodelivers afully engaging experience MN DNR to appeal White Bear Lake water levels ruling Page 5 of 5 By42� 11 As you comment, please he respectful of other commenters and other viewpoints, Our goal with article comments is to provide a space for civil, informative and constructive conversations. We reserve the right to rer"nove any comment we deem to he defamatory, rude, insulting to others, hateful, off-topic or reckless to the community. See our full terms of use here. VIEW COMMENTS http://www,twincities.com/2017/09/26/minnesota-dnr-will-appeal-white-bear-lake-decision/ 9/27/2017 p atet 0 f M 4 tlP�4 f '4 0 1 4 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 o i N4 �/ • 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. a F M • Level 1 is accessed from 2nd 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 Revel ramp:346 spaces 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 et.. .. IIII xstte Shorty Drycleaners lot 010511+ Armory lot .► Armory lot f 6 N 4 N d f � v City lot X14 , to tr�Yd teue� VIM t,sl?aUes 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 space', 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 'y The city ramp on 2"d Street neat to the Lowell Inn cost$17,000 per space to construct. At was built nine years ago. V pdba,— Y Jry� S CL LL LL� 0 �a b u g ,e i z o IIIIII , t , r % IV �j ! //w. 111111117 rr v CL LL LL� 0 �a b u g 1� I � Y+ltl IIi titi f M IMYM ro``y��a+'lliti�'d1, �4ifr�rn�., i���pi�0.1�, f z w �uuur id Iw� ���,„' MM aaNNNNNNNaaaaaaaaaaaaaNNNNNNNNN i„ �uuu uuiuu��suuuuu��� �l �� ry'ijryllU�gi I i� Y i CL LL LL� 0 �a b u g i i z o W F i .a F m ��t Illlllllll,�i dlx CL LL LL� 0 �a b u g VIII J � f a F4 1 � l CL LL LL� 0 �a b u g G% /r o z w 3 a a N m I LL 1 = J s� a jS ' o fib . Jd, - yb, IL LL �. z �: 8 6egg m � o 0 4 � • 1 I �� V i I a z 0 uuiu � 1 Pa n W F i h Y'� W ofrl,aOR(NfQ>!��✓j �r ��� � V7 I � r r `f, � 1 �f,07, 0 r i rrp z Y I Y,p CL LL �. z �: 8 6egg m � o 0 4 � • f 41' l l zo w r F m f i i 11 r CL LL �. z �: 8 6egg m � o 0 4 � • m z In uiW pi I-r i cilli� p,i rzs r:� F '3 L° .a F m i Bill Turnblad From: marksweet@allnationsdevelopment.com Sent: Tuesday,July 18, 2017 2:55 PM To: Bill Turnblad Cc: Mike Hoefler;Jim Boo;James Zeller Subject: RE: Proposed Parking Ramp Attachments: 06-29-2017 PARKING RAMP-WATERMARK.PDF Bill, 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 marlcsweet@a ationsdevelopment.com httr)://www.allnationsdevelor)ment.com 1 p atet 0 f M 4 tlP�4 f '4 0 1 4 TO: Mayor & Council Members DATE: September 28, 2017 RE: Concept redevelopment plan for Old Armory OWNER: Minnesota State Armory Building Commission APPLICANT: Matthew Wolf, CVII Holdings, LLC FROM: Bill Turnblad, Community Development Director INTRO CVII Holdings, LLC of Woodbury has a purchase agreement for the Old Armory building on Chestnut Street in Downtown Stillwater. Prior to closing on the property the corporation is vetting redevelopment potential and tenant possibilities. A principal challenge for redevelopment of the site may be parking. REQUEST The group is requesting the City Council to offer comments on their redevelopment concepts. REDEVELOPMENT CONCEPTS As seen in the attached email from Matthew Wolf of CVII Holdings, LLC, the most likely uses of the redeveloped space in the main building would probably be offices (general and/or medical) or an event center. The most likely uses for the attached high ceilinged garage would be either a gym/fitness center or a micro-brewery/craft distillery. And there would likely be a rooftop patio over the garage. COMMENTS PARKING REQUIREMENTS Parking standards for the potential uses would be as follows: 1. Main building a) Event Center i) 5,130 sf banquet/assembly space = 733 person occupancy'. At a rate of 1 parking space for every three people, the number of required parking spaces would be 244. b) Professional Offices i) 19,701 sf of net leasable area at a rate of 1 parking space for each 300 sf of office = 66 required parking spaces. 2) Garage space a) Gym i) 3,533 square feet of leasable area at a rate of 1 parking space for each 100 square feet= 35 parking spaces required. b) Brewery/distillery with taproom i) Brewery assuming 2,500 sf at 1 space per 325 sf= 8 spaces ii) Tap room assuming 1,033 sf at 1 space per 120 sf= 9 spaces 3) Rooftop patio a) 1,946 sf assumed for brewery's taproom seating at 1 space per 120 sf= 16 required spaces In summary, if the renovated space includes an event center with break-out rooms, and a micro-brewery with rooftop patio, the parking requirement for the building is estimated at 277 spaces. If the space includes offices and a fitness center, then the parking requirement is estimated at 102 spaces. Since the former armory was constructed well before the City adopted parking standards, the parking required for the old armory use is considered "grandfathered". The redevelopment would only be responsible for providing the parking needs for the increased demand. The National Guard confirmed that most recently the property required 150 to 200 parking spaces on drill weekends. If we choose the mid-point between those two numbers, we could say the parking demand previously was 175 parking spaces on drill weekends. Therefore, with a credit of 175 spaces, the event center/micro-brewery scenario would result in the need for an estimated 102 more parking spaces. With the same credit, the office/fitness center would require no additional spaces. ' If using the 1 person/7 square feet banquet hall standard. MUNICIPAL PARKING RAMP CONSTRUCTION If the redevelopment were to require 100 additional parking spaces, and if the City were going to build a municipal parking ramp to the east of the old armory, then the developers would be interested in some type of interim parking mitigation plan. The interim plan might include such things as purchasing 100 monthly parking permits in City lots, limiting occupancy until the ramp is constructed, or partnering with a mini- transit provider to provide rides to/from currently under-utilized lots in the City. MISCELLANEOUS The developers would be willing to transfer title to that portion of land bordered in red in the attached email for parking ramp construction purposes. That could theoretically allow the construction of a couple of dozen more parking spaces. In exchange, the developers would like a covered connection between the parking structure and the main building of the old armory. Attachment: Email from group Concept plans Bill Turnblad From: Wolf, Matthew <MWolf@Briggs.com> Sent: Wednesday, September 27, 2017 9:15 PM To: Brian Larson; Bill Turnblad Cc: Paul Hanlon; Dan Pollastrini Subject: RE: Council workshop - Armory and Parking Structure Attachments: 2017-09-27 PRELIM CITY REVIEW.pdf, 2017-09-27 Preliminary Site Plan Armory.pdf Bill, Thank you for taking the time to discuss the Stillwater Armory project located at 107 Chestnut. We are excited to be a part of the next chapter of the building's rich history. We submit the attached materials, and this email, for inclusion in the materials for the City Council meeting on October 3, 2017, which address the plans for redevelopment of the building, the proposed uses, and some of the obstacles to redevelopment,the biggest of which is parking. At this time, we have no intention of seeking TIF financing on this project, and will not seek TIF financing unless the project will not be feasible under any of our planned uses—we do not anticipate such a need. For the past few months,we have been marketing the property for lease. Our research and feedback has indicated that the highest and best uses for the property include, and we are pursuing tenants for, the following: • Main Building (Approximately 19,701 leasable square feet) o General or Medical offices.This is a weekday user, and most likely to be compatible with current parking; or o Event Center. This is a weekend and nighttime user, which is less likely to be compatible with current parking ■ We would likely have a small portion of the building remain as offices, in addition to the event center user. • Garage Space(Approximately 3,533 leasable square feet) o Gym.This would likely require less parking than other uses, as parking need would be spread throughout the day o Brewery/Distillery.This is a weekend and nighttime user, which is less likely to be compatible with current parking. • Rooftop Patio (Approximately 1,946 square feet) o This space would be located above the garage, and the use is versatile. It could be used by a brewery, an event center, or as tenant amenity space for an office user. We anticipate a mixed use,with one portion being designated for the garage user, and the other portion being designated for the main building user(s). Our proposed plans for redevelopment are largely dependent on (a)whether the building is leased by an event center user, and (b)the design input of the State Historic Preservation Office. We are actively seeking to retain the historic qualities of the building, while adding modern amenities to provide a comfortable, efficient, and safe environment for our tenants. As such,we are applying for Historic Tax Credits at the State and Federal level, and are working closely with local and state historic preservation specialists and officials to find a way to tastefully and respectfully blend the "old" with the "new". As shown on the attached plans, we strive to limit modifications to the exterior of the original building, and provide modern amenities, safety systems, and accessibility items in a way that preserves the character of the building. The renovated building will have the following new items: elevator, egress stairs, sprinkler system, upgraded and supplemented HVAC, electrical, plumbing and bathrooms, ADA access and parking, rooftop patio, ground level patio, interior mezzanine in the former gym space, and attractive garage doors that provide a clean "storefront" feel for 1 the garage tenant. In addition, we currently plan to re-expose the original ceiling of the gym space,which is a beautiful wooden ceiling supported by metal trusses and purlins—a very attractive pairing. This will be a very desirable building for tenants and another gem to join the others already found in downtown Stillwater. The main challenge to the redevelopment is the issue of parking and accessibility. We understand that a parking garage is being proposed on the lot adjacent to, and located to the east of, the Armory. In general, we support the plan to add a parking structure to that location. Our reservations are (1) that the parking structure would block the view of downtown and the river from the building and the proposed rooftop patio, and (2)that the west end of Chestnut will become "segregated"from the liveliness of downtown if the parking garage extends to the lot line. Our highest support would be for a parking structure that is not high enough to block the views, and contains some street-level retail space along Chestnut. In order to make the proposed parking structure as efficient as possible and to maximize the number of spaces that could be gained,we propose the following: • We would grant the land outlined in RED below to the garage developer, allowing the garage to contain 20-30+ more stalls. • The garage developer would build a skyway, at its cost, into the Armory at the location outlined in GREEN, and work with the Armory to create a solution for drainage. • The Armory and the garage developer would enter into a skyway easement agreement,whereby the Armory would be responsible for the maintenance of the skyway. ta " y �! ;' 4t ��� ISI � I��IIIIIIIIIIIII,IIIIIIIIII�VVVVVVVVVVVVVVVV ra r, !i rya fl Nei � 2 This would provide all of the parking required for the Armory, and those that work, play, and dine downtown would be delighted to have covered access to and from their parking space. Parking needs for tenants at the Armory, prior to completion of the new ramp,will need to be addressed. The Armory's prior use by the National Guard heavily burdened downtown parking on weekends. We were able to confirm with the National Guard the most recent occupancy load at the Armory,which ranged between 150-200 depending on the month.The National Guard indicates, and we assume, that many of them drove personal vehicles to the Armory and parking in nearby lots.We are confident that the prior parking burden that existed on drill weekends was higher than any of our planned/proposed users other than, possibly, an event center. In the interim, to continue marketing and redevelopment efforts,we would like to discuss interim parking solutions as needed, which may include leasing spaces from the city or adjoining property owners, limiting occupancy, or partnering with a mini-transit provider to provide rides to/from currently under-utilized parking lots off site.The inability to lease space in the building until the parking structure is completed would be prohibitively expensive, and would leave the building vacant and underutilized, so we would like to actively discuss options with the City of Stillwater. We are committed to working with the City to find solutions that are beneficial to all, and that bring added value and additional high quality tenant spaces to wonderful downtown Stillwater.Thanks! Matthew olf Attorney Briggs and Morgan, P.A. Direct 612.977.8557 Fax 612.977.8650 MWoIL@brig-gs.com 2200 IDS Center I 80 South 8th Street I Minneapolis, MN 55402 I bri s.co CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re-transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney- client or work-product privilege. 3 vw�0z wz g $a w>0 Oa = ash • W a e n ?Q O Q ;w /O� 3 • oz"�. 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Mayor Kozlowski called the meeting to order at 7:02 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Absent: Councilmember Polehna Staff present: City Administrator McCarty City Attorney Magnuson Deputy Fire Chief Ballis Police Chief Gannaway Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of September 5, 2017 regular and recessed meeting. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the September 5, 2017 regular and recessed meeting minutes. All in favor, 4-0. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Introduction of new Stillwater Public Library Director, Mark Troendle Stillwater Library Board Chairman Mike Keliher introduced the new Director,Mark Troendle. Mr. Troendle thanked the Council for its support. Main Street Stairs Update—Corey Burstad Community Development Director Turnblad updated the Council on the issue of water from the Main Street stairs causing considerable damage over many years to the east wall of the Stillwater Hotel project. He added that there is tax increment financing(TIF)revenue available to fix or replace the stairs. Corey Burstad, developer, informed the Council that contractors discovered there was essentially nothing left of the brick wall due to water erosion. The City's Building Inspector City Council Meeting September 19, 2017 ordered all work to stop until the issue is resolved. The hotel architectural and contracting team examined the wall and came up with a remediation plan. He added that overall, the project is going well and is still on track for a March opening. Chris Zeman of Zeman Construction, general contractor for the project, explained the two- phased project: 1) shoring, stabilizing the existing building so the entire east wall of the building can be removed, and then rebuilding a solid masonry load-bearing wall. The existing stairs need to stay there to support the removing of the wall. 2) Once the wall is rebuilt, the two lowest flights of stairs and two lowest landings may be removed, excavated down to bedrock and given new footings, new structural foundations, and a new structural concrete stairs will be poured back in place. He said each phase would take around 2-3 weeks. Mr. Zeman explained the total estimated costs for both phases, $162,000 - $187,000. Councilmembers indicated a desire not to hold up the repairs. City Attorney Magnuson advised that the Council could authorize the use of TIF to cover the stairs portion of the project. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to authorize up to $74,000 in TIF from District 1 for stair and wall reconstruction. All in favor. OPEN FORUM Cameron Murray, 350 Main Street North,brought up a concern about motor vehicles using the bike/pedestrian trail near the St. Croix Boat & Packet Company. Police Chief Gannaway said he notified staff to do more enforcement there. Community Development Director Turnblad said that a short-term alternative would be to put ballasts there to keep cars out, however there is an area where there is no alternative but to allow cars so they can reach the parking spots. He added that one of the City's priorities for state legislators is obtaining funding to repair the existing shoreline so the uses can be better accommodated. Christie Rosckes, Marketing Director of Discover Stillwater, requested approval to place a temporary,lighted"#OnlyInMN" monument from Explore Minnesota in Lowell Park near the Ice Castle in January. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the temporary placement of a monument in Lowell Park in January 2018. All in favor. STAFF REPORTS Deputy Fire Chief Ballis reminded the Council of the Fire Prevention Dinner October 3. Recreation Center Manager Doug Brady requested the release of$75,000 to $100,000 funding for architectural services to design team rooms,storage,equipment maintenance area,IT server room and office space, for construction in 2018. Finance Director Harrison informed the Council of the resolution for this appropriation is on the Consent Agenda, which allows reimbursement of these funds in 2018. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to authorize the release of funds from the fund balance for architectural services for the St. Croix Valley Recreation Center. All in favor. Community Development Director Turnblad informed the Council of a Comprehensive Plan workshop on October 19 at City Hall. Page 2 of 8 City Council Meeting September 19, 2017 City Administrator McCarty reported that the Council received an invitation from Congresswoman Betty McCollum to tour her new office in St. Paul on September 29. CONSENT AGENDA Resolution 2017-171, Directing the Payment of Bills Resolution 2017-172, resolution approving the addition of additional license premises acquired by LoLo American Kitchen LLC, DBA Lolo American Kitchen Resolution 2017-173, approval of increase to railroad lease payment to St. Croix Boat & Packet Resolution 2017-174, approving Exhibit A as it relates to Resolution 2013-057, Resolution Establishing Procedures relating to compliance with Reimbursement Bond Regulations under the Internal Revenue Code Possible approval of Temporary Liquor License—Valley Chamber Chorale—December 8- 10, 2017 Resolution 2017-175, approving Human Rights Commission By-Laws (Revised Date: April 26, 2017) Resolution 2017-176, a resolution approving an outside sale & event permit for Stillwater Medical Group located at 1500 Curve Crest Boulevard Resolution 2017-177, approving Minnesota Premises Permit for Lawful Gambling for Merrick, Inc., located at Tilted Tiki, 324 Main Street S, Suite 2, Stillwater, Minnesota Possible approval of expenditure for the purchase of aerator and seeder Resolution 2017-178, approval of Change Order 41 for the 2017 Street Improvement Project (Project 2017-02) Motion by Councilmember Menikheim, seconded by Councilmember Junker,to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case 2017-40. A public hearing to consider a request by Stephen and Barbara Kochendorfer, property owners and Cornerstone Surveying Inc., applicant, for the consideration of Prelimingy Plat, Final Plats, and a Zoning Map Amendment(ZAM)for the property located at 8080 Neal Ave N in the AP/RA district. Community Development Director Turnblad stated that Dan Thurmes, Cornerstone Land Surveying,representing Stephen and Barbara Kochendorfer,requests approval of the rezoning of the property at 8080 Neal Avenue North from AP, Agricultural Preservation, to RA, One Family Residential, as well as the August 8, 2017 version of the Preliminary and Final Plats known as Neal Meadows 4th Addition with a total of three lots are proposed. The Kochendorfers would retain the easterly lot that contains their residence. The westerly (approximately) 25,000 square feet, adjacent to Creekside Crossing, would contain two new lots, which the property owners intend to sell. Staff recommends approval of the requested three-lot subdivision. The staff-recommended conditions that differ from those recommended by the Planning Commission in the following ways: 1. Condition 1 is added to reflect the Page 3 of 8 City Council Meeting September 19, 2017 approved plats and grading plan. 2. Condition 5 is added to reflect the requirement that the rezoning must be in effect prior to the plat being effective. Mayor Kozlowski opened the public hearing. Dan Thurmes, Cornerstone Land Surveying, on behalf of the Kochendorfers, discussed the location of utilities. Originally, he proposed to extend services from Creekside Crossing into the proposed future lots. He was told he has the option to extend utilities from the existing sanitary sewer on Neal and would like to leave that option open. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Junker,to approve first reading of an Ordinance amending the Stillwater City Code, Chapter 31, entitled Zoning Ordinance, by amending the zoning map of the City to rezone certain properties within the Agricultural Preservation District by adding them to the RA - One Family Residential District. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2017-179, a resolution vacating the drainage and utility easements in Lot 6, Block 2, Neal Meadows, Case No. 2017-40. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2017-180, a resolution approving Preliminary Plat and Final Plat for Neal Meadows 4th Addition, Case No. 2017-40. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None Community Development Director Turnblad explained that the resolution need not include the preservation of the option to extend utilities from Neal Avenue but it can certainly be in the minutes. Case 2017-35. A public hearing to consider an meal request by Roger Tomten of ARCHNET, representing St. Croix Preservation Inc. The request is to reconsider a Variance to the Central Business District Height Overlay — Parkside District previously denied by the Planning Commission for the property located at 101 Water Street South located in the Central Business District. Community Development Director Turnblad explained the request. On August 23, 2017, in a 3-1 vote,the Planning Commission denied a variance request from Roger Tomten,ARCHNET, representing Chuck Dougherty with the Water Street Inn, 101 Water Street South. The variance request was to allow rooftop improvements including an enclosed bar and kitchen, service station and storage area, two restrooms, elevator bulkhead and enclosed/covered lobby, and two sets of stairs. These improvements would have a height of 48', whereas the maximum permitted height for the addition is 44'. Mr. Dougherty has appealed the Planning Commission's decision and also the staff s interpretation that the maximum allowed height is 44'. He is asking for reconsideration of the variance that would grant the additional height. Mr. Page 4 of 8 City Council Meeting September 19, 2017 Turnblad explained that in the downtown height overlay district, any new structure attached to an existing structure may have a 10% greater height than the building to which it is attached. Staff believes that a structure attached to the 1994 addition would be allowed an additional 10% or 44' total height. However, Mr. Dougherty believes it is just as logical to say the south end is also part of the building(51')so that should be considered as the basis for measurement, thereby negating the need for a variance for the improvements. Mayor Kozlowski asked for clarification of height regulations when the 1994 addition was constructed. Mr. Turnblad replied that the 10% regulation was associated with the 2006 or 2007 ordinance. The 10% is intended to create a rhythm among buildings and to prevent two- story to one-story jogs in the future. He again stated that, measured from the 1994 addition, the new addition would be allowed to have 44' of height. Staff believes it makes sense to measure from the portion of the building that adjoins. Mayor Kozlowski opened the public hearing. Roger Tomten, ARCHNET, indicated with drawings the basis for the appeal of the staff interpretation of the building height measurement. He read from the City Code regarding infill construction and how to measure the height of buildings. He stated that because the Water Street Inn is one building on one lot, with one tax ID number, one address and one use, it should be viewed as one building. He noted that on a similar project, the LOLO infill building, the height measurement was averaged between the two adjacent buildings and the highest parapet of the adjoining building was used to establish the average height. Similarly, he feels the Water Street Inn should be measured from the highest parapet point,so he feels the variance is not necessary for the work that is being proposed. Mr. Tomten added that, as an author of the Design Guideline manual,the 10%+/-was written as a guideline and not necessarily meant to prohibit variations of more than 10%. It was intended to allow variation and articulation of roof shapes and heights along Main Street. Councilmember Weidner asked why this bigger area on the roof was not proposed originally. He feels the area on the surface of the roof has expanded considerably since the 2014 plans. Mr. Tomten replied that when the original concept was proposed it did not include certain uses, the restrooms and kitchen area, that are now included. It still would have required a variance for the tower and the other elements but since architects were not looking at a lot of elements for the roof at that time, they did not think it was that critical. Patrick Kelly of Kelly and Lemmons law firm in Little Canada, representing St. Croix Preservation, stated that the Miriam Webster Dictionary refers to infill as new buildings constructed in a space between existing structures. His client looks at the building as being one use, one parcel, one lot. When constructed, the 1994 addition could have gone up to 50'. He acknowledged that City staff is dedicated and competent but disagreed with staff s interpretation of the point from which height of the adjoining building is measured. Tim Swanson,2210 Oak Glen Crescent, Stillwater, spoke in support of the proposed expansion and remodeling project, saying that Chuck and Judy Dougherty have supported many community projects and events. He feels the design concept is aesthetically pleasing. Brandon Lamb, owner of Candyland, stated that the downtown is thriving and booming. He feels the addition is going to create a welcome new dynamic. Page 5 of 8 City Council Meeting September 19, 2017 Cameron Murray, 350 Main Street North, referred to City ordinance stating that infill may be something between two existing structures or one at the end, and adjacent to is defined as immediately adjacent, synonymous with adjoining. He is opposed to the 80-foot tall tower. Mr. Tomten remarked that the tower height was based on the assumed height of the original train station tower as seen in historic photos. He clarified what is new in the roof plan. Councilmember Weidner asked, what if more concepts come in that were not in the original plans? Community Development Director Turnblad replied that anything other than minor changes would come to the Council. Councilmember Weidner asked, other than the height, if Mr. Turnblad considers this a minor change and Mr. Turnblad replied in the affirmative. Mayor Kozlowski closed the public hearing. Councilmember Junker commented that whether it is classified as a single building or two buildings,he feels the rhythm created is appropriate. He does not see big jogs or big huge dips. He loves the idea of bringing back a reminder of the old depot via the clock tower and supports the project. He agreed that Mr. Dougherty is an extremely active, loyal citizen, innkeeper and business owner. Councilmember Menikheim acknowledged that both interpretations make sense but he supports granting the variance because the Water Street Inn needs updating. It pays homage to history by replicating the frame of the old tower from the depot and brings character to the building that has almost none right now. Mayor Kozlowski said he feels this plan looks cleaner. The City needs to better define how to measure the height without ambiguity. He believes people are generally excited about the project but he also has heard comments asking if the project is ever going to happen and will it keep changing. He believes the variance is not a significant change to the design or the use and he supports it. Councilmember Weidner stated the ordinance is not ambiguous and it clearly defines infill. His concern is that the applicant will continually keep changing the project and stated that history tends to repeat itself. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the request by Roger Tomten of ARCHNET, representing St. Croix Preservation Inc., for a Variance to the Central Business District Height Overlay—Parkside District for the property located at 101 Water Street South located in the Central Business District. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible aproval of driveway waiver requirements for VRBO request, aplicant Elizabeth Nelson at 300 Willow Street East. Community Development Director Turnblad related that Elizabeth Nelson has applied for a Type B vacation rental for her home at 300 E Willow St. Ms. Nelson is requesting a waiver of Page 6 of 8 City Council Meeting September 19, 2017 the prohibition on Class 5 driveways for vacation rental properties. Given the extreme physical challenges of this neighborhood, staff recommends approval of the current mix of class 5 for this specific vacation rental property, noting that it will hold the water in place better than an impervious surface. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the driveway waiver for VRBO applicant Elizabeth Nelson, 300 Willow Street East. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None 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) Public Works Director Sanders explained that work on the 2017 Street Improvement Project is nearing completion. Staff recommends that the Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the project. Mayor Kozlowski suggested discussing the issue of whether or not to assess Stillwater Country Club before adopting the resolutions. City Attorney Magnuson provided background on state law that mandates that if a golf course is non-discriminatory; its real estate value for potential assessment purposes is to be calculated solely based on its value as a golf course and not on the value of the potential for residential or commercial development. He explained a Supreme Court ruling that found no special benefit to a golf course and threw out a proposed assessment. He added that appraiser Ray Kirchner, who has overseen many assessment appeals over the years, has said the benefit to the golf course in his opinion would be minute and unable to be substantiated by any market data he is aware of. Mr. Magnuson said he realizes that the neighbors are extremely disappointed by that. Councilmember Junker said he feels the golf course should be assessed as a corner lot on this project. The value would be minimal but the assessment would be minimal as well. Mayor Kozlowski questioned whether assessing the golf course would be worth the potential legal fight. He understands the neighbors' frustration but he believes the City Attorney is correct. Councilmember Menikheim stated he is comfortable with the City Attorney's opinion. Councilmember Weidner remarked that he understands the neighbors are upset but he does not think the City can change the facts. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2017-182, resolution declaring cost to be assessed and ordering preparation of proposed assessment for 2017 Street Improvement Project (Project 2017-02). Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt Resolution 2017-181, resolution calling for hearing on proposed assessment for 2017 Street Improvement Project (Project 2017-02), L.I. 4413. Page 7 of 8 City Council Meeting September 19, 2017 Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: None Discussion of possible State Legislative issues City Administrator McCarty stated that last spring the Council set as its highest legislative priority the riverbank protection rehabilitation project with a total estimated cost of nearly $2 million. It was not carried forward in the budget bill. It is hopeful that legislators will be supportive again and propose funding for this project in this legislative session. COMMUNICATIONS/REQUESTS There were no Communications/Requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 9:08 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Resolution 2017-171, Directing the Payment of Bills Resolution 2017-172, resolution approving the addition of additional license premises acquired by LoLo American Kitchen LLC, DBA Lolo American Kitchen Resolution 2017-173, approval of increase to railroad lease payment to St. Croix Boat & Packet Resolution 2017-174, approving Exhibit A as it relates to Resolution 2013-057, Resolution Establishing Procedures relating to compliance with Reimbursement Bond Regulations under the Internal Revenue Code Possible approval of Temporary Liquor License—Valley Chamber Chorale—December 8- 10, 2017 Resolution 2017-175, approving Human Rights Commission By-Laws (Revised Date: April 26, 2017) Resolution 2017-176, a resolution approving an outside sale & event permit for Stillwater Medical Group located at 1500 Curve Crest Boulevard Resolution 2017-177, approving Minnesota Premises Permit for Lawful Gambling for Merrick, Inc., located at Tilted Tiki, 324 Main Street S, Suite 2, Stillwater, Minnesota Possible approval of expenditure for the purchase of aerator and seeder Page 8 of 8 City Council Meeting September 19, 2017 Resolution 2017-178, approval of Change Order 41 for the 2017 Street Improvement Project (Project 2017-02) Resolution 2017-179, a resolution vacating the drainage and utility easements in Lot 6, Block 2, Neal Meadows, Case No. 2017-40 Resolution 2017-180, a resolution approving Preliminary Plat and Final Plat for Neal Meadows 4th Addition, Case No. 2017-40 Resolution 2017-181, resolution calling for hearing on proposed assessment for 2017 Street Improvement Project(Project 2017-02), L.I. 4413 Resolution 2017-182,resolution declaring cost to be assessed and ordering preparation of proposed assessment for 2017 Street Improvement Project (Project 2017-02) Page 9 of 8 i WHEREAS, the City ofStiffivater is connnittedto ensuring the safely andsecur t of ad those Ci.vr"°n in. andvisiting our community; and -WHEREAS, U.S. home fires resulted in 2,56o civ iCian deaths in 2oi5, representing the °r q %ty (78 yercent) of aCCU.S.fitre deaths; and -WHEREAS, newer homes are built with C% htweight materiaa that burn faster than older home construction, and WHERE-AS, these conditions contribute to a much srna(ler window oftime fir reo Ce to escape a home fire safely, withaegpCe having as C%ttie as one tot o minutes to escaye from the time the smoke afarm sounds; and VNEREAS, a home fire esca s lim includes to exits from every room in the home; math to the outsideftom each exit;smoke ala.rrrrs inCrer a%red Cocatio ; ander greeting Lace outside where everyone in the home 'Iv iff' eet u on exiting; aruC 'WHEREAS, _practicing a home fifre escaye p(an twice a year ensures that everyone in the househotdknows what to do in a real-fire situation; and ^WHEREAS, the StiCCwater ,dire De art cnt is dedicated to reducing the occurrence of ho e fires andhomefire ia!juries throu h. revention education; and -WHERE-AS, Stiffiwater residents are resp sive to ubCc education measures and re abCe tot e personaCste s to increase their safety fro fire, es ec:' CCy in their homes; and -WHEREAS, the 201 F,,ire -Irevention Week theme, "Every SecondCoants, Elan° 2 mays Out!" e �ectiv°eCy serves to educate the abCic about the vitat'importance of d�,veCo ing a home fire escaa e -n with aCC members of the household and _practicing it twice a year; �tHEREFoRE, ed o Co ski, ,Iayor°qfthe City of Stiffivater do hereby rocCai°rrt October 8-14, 2ow, as ,Fire Prevention ^Week throughout this community. I urge all the,aer Ce of Stillwater to deveCo a a homefitre esca. e yCan, and to articcfaa.te in theanyyrubCic safety activities an.defforts of the Stiffi pater J-ire Dqpartrwnt r� Fre Prevention`Week 2017. ,�° RESOLUTION APPROVING THE ICE CASTLES AGREEMENT WHEREAS the City has encouraged Organizer to construct,operate,and maintain an Ice Castle (the "Event") at a location within the City in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City; and WHEREAS the City is the owner of certain land in Stillwater, Minnesota, known as Lowell Park(collectively the "Premises"); and WHEREAS Organizer constructs,maintains and operates castle-like structures made of water pipes, snow and ice with walking paths inside (the "Ice Castle"). Organizer charges visitors a fee to visit the Ice Castle; and WHEREAS the City is willing to allow Organizer to construct, maintain and operate an Ice Castle and its related activities within the Ice Castle structure on the Premises in exchange for a share of the revenue and Organizer's compliance with the terms and conditions set forth in the agreement. NOW THEREFORE,BE IT RESOLVED by the Stillwater City Council that the Ice Castle Agreement is hereby approved and the Mayor and City Clerk are authorized to sign the agreement on the City's behalf. Adopted by the Stillwater City Council this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk ICE CASTLES AGREEMENT THIS AGREEMENT, is entered into as of this day of 2017, between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and by ICE CASTLES, LLC, a limited liability company, registered in the State of Utah, licensed to do business in Minnesota, hereinafter referred to as ("Organizer"). WHEREAS the City has encouraged Organizer to construct, operate, and maintain an Ice Castle (the "Event") at a location within the City in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City; and WHEREAS the City is the owner of certain land in Stillwater , Minnesota, known as Lowell Park, more particularly described in Exhibit A attached hereto and made a part hereof,together with certain improvements thereon (collectively the "Premises"); and WHEREAS Organizer constructs, maintains and operates castle-like structures made of water pipes, snow and ice with walking paths inside (the "Ice Castle"). Organizer charges visitors a fee to visit the Ice Castle; and WHEREAS the City is willing to allow Organizer to construct,maintain and operate an Ice Castle and its related activities within the Ice Castle structure on the Premises in exchange for a share of the revenue and Organizer's compliance with the terms and conditions set forth herein. NOW THEREFORE,in consideration of the promises herein recited and the covenants, conditions and agreements set forth herein, Organizer and City agree as follows: 1. TERM. Operation of the Event is limited as follows: General Term: October 16, 2017 through March 31, 2018 Event Opening: (Weather Dependent) Hours of operation for being open to the public shall be Sunday through Thursday from 4:00 p.m. - 10:00 p.m, (closed Tuesdays) and Friday- Saturday from 12:00 p.m.to 11:00 p.m. Cleanup: (Weather Dependent) Generally March 15, 2018 - March 31, 2018, unless the City is required to implement flood control measures or weather conditions will not support the ice castle structure prior to March 31, 2018. In the event of high water on the St. Croix River, at the City's request, Ice Castles will be responsible for removing an appurtenance(s) or structure(s) that may be affected by the high water and the City's effort in protecting the area from high water 2. COMPENSATION. Organizer shall pay to the City the following amounts for use of the Premises: 1 a. Base Fee:Abase monthly fee ("Base Fee" [$50/day x 167 days= $ 8350]) shall be due as follows: Amount Due: Due Date: $2087.50 January 15, 2018 - $2087.50 February 15, 2018 $2087.50 March 15, 2018 $2087.50 Aril 15, 2018 b. Attendance Fee: In addition to the Base Fee, Organizer shall pay to City an additional $3,000 for each 10,000 visitors exceeding 50,000 ("Additional Fee"). On April 15, 2017, Organizer shall provide to City the attendance records and payment of the Additional Fee. 3. LOWELL PARK USE. Organizer shall use the Premises only for the construction, maintenance and operation of one Ice Castle. Organizer shall have exclusive use of the Premises throughout the Term of this Agreement. 4. ACCESS: SNOW PLOWING. Organizer shall be responsible for providing access to the Premises during Organizer's operations. A City street crosses through the Premises and a City parking lot is situated on the Premises. City does plow the City street consistent with the City's standard snow plowing policy, along with the parking lot immediately in front of the Ice Castle and Pay Structure. City does not make any warranty or guaranty that the street or parking lot will be plowed at any given time to allow Organizer to operate on the Premises and its guests and invitees to access the Premises. Organizer may plow or arrange for plowing the Premises and/or the parking lot and other parking lots within the Premises. If Organizer plows or arranges for plowing any portion of the parking lot, Organizer shall repair any damage done to the Premises or any other City property as provided in paragraph 21. The appropriate use of warning signs, rubber mats and roughing of the ice shall be used to address slippery conditions. Minimum application of eco-friendly salt on walkways is allowed only during extreme weather conditions. 5. ACCESSIBILITY. Organizer shall comply with all applicable federal, state and local accessibility requirements to ensure access to the Premises and Ice Castle by all persons. 6. SECURITY DEPOSIT. Upon execution of this Agreement, Organizer shall pay to the City a security deposit in the amount of $5,000. The City shall retain the security deposit and may apply the security deposit to any obligations of Organizer under this Agreement, including but not limited to damage to Premises or payments due herein. City shall refund any unused portion of the security deposit to Organizer within sixty (60) days of the termination of this Agreement. If City does not return the full deposit amount, City shall provide to Organizer an itemized accounting of any amounts withheld, within sixty (60) days of the termination of this Agreement. The City shall retain any interest earned on the security deposit. 2 7. CONDITION OF PREMISES. The Premises is not designed for the use provided for herein. No representation, statement or warranty, expressed or implied, has been made by or on behalf of the City as to the suitability of the Premises for use as an Ice Castle, nor for the condition of the Premises. The taking of possession of the Premises by Organizer shall be conclusive evidence that Organizer accepts the Premises "as is." In no event shall City be liable for any defect in the Premises. 8. MAINTENANCE BY CITY. The City will maintain the lower walkway along the St.Croix River. 9. MAINTENANCE OF PREMISES BY ORGANIZER. Organizer shall keep and maintain the Premises and all improvements in a safe, sanitary, and orderly condition, in good repair, and shall restore and yield the same back to City upon the termination of this Agreement in such condition and repair as shall exist at the commencement of this Agreement including monument and planting bed. Organizer shall not damage or cause waste to the Premises and shall maintain all areas of the Premises in a safe, sanitary,functional and orderly condition at all times,free of refuse and objectionable noises, odors or nuisances. Organizer shall reimburse the City for the cost of transplanting any trees that must be moved to allow Organizer to construct the Ice Castle. a. Maintenance of the lower walkway caused from overspray from the Ice Castle operation causing ice build-up on the lower walkway will be removed by the Ice Castle's team (assuming the lower walkway is not under water or ice from a high- water situation). b. Ice Castles will place a sandbag berm on the Eastern curb line of Sam Bloomer Way to direct water to the City storm sewer system. 10. SUPERVISION. Organizer shall be responsible for providing all supervision of Organizer's employees, agents and visitors on the Premises. Organizer shall be responsible for ensuring that all employees, agents and visitors, while using the Premises, follow any and all federal,state and local laws, regulations, ordinances and policies. In addition, Organizer shall be responsible for the safety and behavior of all employees, agents and visitors, including but not limited to safety, noise, and objectionable actions. 11. FOOD. Organizer may provide food for sale at the Premises, or subcontract the same, but all food service and food vendors must be approved by the Washington County Health Department and any applicable County permit must be obtained and a copy provided to the City. 12. ALCOHOL. No alcohol shall be served within the Premises without appropriate licensure issued by the City. 13. SIGNS. Organizer may place signage on the Premises for advertising and directions. All signage must be in compliance with the City Code and ordinances, and be approved in advance by the Community Development Department. 3 14. ALTERATION OR IMPROVEMENT; LIENS. All structures and equipment installed on the Premises shall be approved in advance by the City,and Organizer shall obtain any required permits or licenses, including building and electrical permits, necessary for such structures or equipment. Any alterations, additions and improvements which may be made or installed by Organizer, shall be removed from the Premises upon the earlier of termination of this Agreement, if the Agreement is terminated prior to the end of the Term, or the end of the Term. If Organizer fails to remove any alterations, additions, improvements, equipment or personal property upon termination of this Agreement, City may remove and dispose of such items in City's sole discretion and use the Security Deposit to reimburse itself for all such costs. If the Security Deposit is not sufficient to pay such costs, City shall invoice Organizer for the costs in excess of the Security Deposit and Organizer shall pay such invoice within fifteen (15) days of receipt. Organizer covenants and agrees to keep the Premises and improvements situated thereon free and clear of any and all liens in any way arising out of the use thereof by Organizer and will defend and indemnify and save City harmless from any and all such liens which may arise by reason of alterations or improvements made by Organizer. If any mechanic's lien is filed against any part of the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Organizer,such mechanic's lien shall be discharged by Organizer within ten (10) days thereafter,at Organizer's sole cost and expense,by the payment thereof or by making any deposit required by law. Failure of Organizer to have the lien discharged shall constitute a default under this Agreement. 15. RIGHT TO ENTER. City, its agents and representatives may at any and all reasonable times during the day and night, upon reasonable notice to Organizer, enter to view and inspect the Premises, and to clean and maintain the same, or to make repairs, or to make such improvements or changes in the Premises as City may deem proper. Should such repairs, improvements, or changes need to be made, the City shall coordinate with Organizer so as not to disrupt Organizer's use of the Premises. There shall be no diminution of compensation payable to Organizer and Organizer hereby releases City of all liability, claims, losses, suits, damages, and injuries, by reason of inconvenience, annoyance or injury to business on account of any such entry or acts by City, its agents or representatives. 16. POLICE POWER. The City reserves the right to order a shutdown of the Event in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police,the Organizer will assist the police in the clearing of the Premises. 17. SECURITY. Organizer and City shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and the Organizer shall hire any security personnel/police personnel that the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 18. ASSIGNMENT OR SUBLET. Organizer shall not sublet the whole or any part of the Premises, or assign all or any part of its present interest in this Agreement, without first obtaining the written consent of City to any such sublease or assignment, which 4 consent may be withheld in the City's sole discretion. Independent subevents require separate approval by the City. 19. CITY SERVICES. The type and amount of the materials specifically noted in this Section 18 that are needed for the Event, will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal, and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater policies. a. Portable Toilets. The Organization must furnish at least four (4) portable restrooms, with hand sanitizing, to facilitate expected crowds, at least one of which shall be handicap accessible. Additional portable restrooms must be provided by the Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. Barricade Placement. i. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on November 1, 2017, at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. ii. The Organizer shall place Type III barricades on Sam Bloomer Way south of the bridge at Chestnut Street, and on Myrtle Street east of the parking lots where the Ice Castle is located. C. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up daily during and after Event. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Tree Relocation. The Organizer shall reimburse the City for the relocation and installation of a new tree affected by the Ice Castle on the premises. e. Electrical Line. The Organizer shall be responsible for all costs to remove, relocate and/or replace the electrical line from the power pole at Myrtle Street to the gazebo. f. Temporary Work Site. The City will provide a temporary work site at the Lily Lake Park storage facility or alternative location,for the Organizer to complete preliminary fabrication and construction of its containers/trailers that will be placed at Lowell Park for the Event. 5 g. Utility Walk-Through. The Organizer shall contact the Public Works department to walk through the Premises to consider irrigation and electrical locations, City utilities and other infrastructure prior to installation/construction of the Ice Castle. h. Electricity. i. Each electrical box needed for the Event will be opened by the City on October 16, 2016. The Organizer shall be charged a base fee of $20/electrical box, plus the actual cost of electricity used for the duration of the event. ii. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to the opening of the Event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Organizer's responsibility. i. Parking Lot Use. City Parking Lot#5 shall be available for use by the Organizer from November 1, 2017 to March 31, 2018 at a fee of $ 1,585.50 [$1.50/parking space/day x 7 spaces x 151 days]. The Organizer shall promote the use of the City parking ramp in its advertising media. j. Water. The Organizer shall pay the bulk water rate of$2.00/1,000 gallons for water usage from the fire hydrant located at the corner of Myrtle Street and Parking Lot #5. Water charges shall be billed separately and payable to the Board of Water Commissioners. The Water Department shall not be liable for water loss due water main break or repair to the distribution system. k. Public Safety. The Organizer and the City shall meet and confer to mitigate public safety risks as determined by the Stillwater Police or Fire Departments that are due to traffic control, public safety or health hazards generated by the Event activities, 1. Cleanup IRemoval. Organizer shall remove all of all Ice Castle out buildings, construction materials and other ancillary items by March 31, 2018, unless weather conditions do not allow the removal of out buildings, in which case Organizer shall remove them as promptly as possibly once the weather allows for it. i. Organizer shall remove trash, additional trash enclosures each day of the event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 6 20. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendor's waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. 21. DAMAGE. If it is established that any portion of the Premises,surrounding landscape, or parking lot is damaged by the act or failure to act of Organizer, its employees, agents, or visitors during the term of this Agreement, beyond normal wear and tear, Organizer shall be responsible to repair the damage in accordance with direction provided by the City. If Organizer fails to repair the damage, City may terminate this Agreement and repair the damage. In such event, City may reimburse itself for such expense from the Security Deposit. If the Security Deposit is insufficient, City may invoice Organizer for the cost of repairing such damage not covered by the Deposit, which invoice Organizer shall pay within fifteen (15) days of receipt. 22. INDEMNIFICATION. Organizer shall assume all risks incident to or in connection with the uses of the Premises, and shall be solely responsible for all accidents or injuries of whatever nature or kind to persons or property caused by its operations on the Premises, including plowing as set forth in paragraph 4, and shall indemnify, defend and save harmless City, its officers, agents, employees, contractors and representatives, from any penalties for violation of any law, ordinance or regulation affecting its operations, and from any and all claims, suits, losses, damages or injuries to persons or property of whatsoever kind or nature arising directly or indirectly out of Organizer's uses of the Premises, or resulting from the acts or omissions of Organizer, or any of its agents or employees. 23. INSURANCE. Organizer shall maintain in force during the entire Term of this Agreement the following insurance: a. General liability insurance for both personal injury and property damage as follows: i. Commercial General Liability in the amount of $1,500,000 on each occurrence ii. General Aggregate $2,000,000 b. A policy or policies insuring the Premises against loss by fire and other perils in the amount of the full insurable value thereof. 7 C. Such insurance as will protect Organizer from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage. All such insurance shall name the City as an additional insured. All such insurance shall be effective under a valid and enforceable policy or policies, with terms acceptable to City, issued by an insurer of recognized responsibility approved by City upon submission of the policy or policies to City at least ten (10) days prior to the effective date or any renewal date as the case may be. 24. TAXES AND UTILITIES. Organizer shall be responsible for and shall pay all the special assessments, taxes on equipment, furnishings, fixtures, and property placed on the Premises,if any,and shall pay promptly any and all utilities used by it on the Premises for the duration of the Term of this Agreement. Organizer shall be permitted to connect to the fire hydrant adjacent to the Premises that is located on Myrtle Street. Organizer shall be permitted to connect to the power boxes located adjacent to the Premises. All such connections and use shall comply with all federal, state, and local laws, regulations, and ordinance. 25. DEFAULT AND TERMINATION. Any one of the following events shall constitute an Event of Default: a. Organizer shall fail to pay any amount due as herein provided,and such default shall continue for a period of fifteen (15) days after the due date therefore; b. Organizer shall violate or fail to perform any of the other conditions,covenants or agreements herein made by Organizer and such default shall continue for fifteen (15) days after notice from City; provided, however, that if the nature of such default is such that Organizer can cure the default, but not within fifteen (15) days,then the Event of Default shall be suspended for a period not in excess of thirty (30) additional days so long as Organizer commences cure within fifteen (15) days and thereafter diligently and continuously prosecutes the curing of the default, and so long as continuation of the default does not create material risk to the Premises or to persons using the Premises; C. Upon any such Event of Default, City shall provide written notice to Organizer detailing the Event of Default. If Organizer fails to cure the Event of Default within the provided time, this Agreement shall automatically terminate. Under no circumstances shall any fees or charges, including prepaid fees, be refunded to Organizer. 26. WAIVER. The failure of the City at any time to require performance of Organizer of any of the provisions hereof shall in no way affect the right of City thereafter to enforce the same, nor shall the waiver by City of any breach of any of the provisions hereof be taken or held to be a waiver of the provision itself. 27. APPLICATION FOR SPECIAL EVENT. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the 8 Organizer or conditions included in the application are hereby included as part of this agreement. 28. NOTICE. All notices required herein shall be in writing and delivered personally, or by certified mail return receipt to the address as shown below and, if mailed, are effective as of the date of mailing: Organizer: City of Stillwater: Ice Castles, LLC City Administrator Attn: Kyle Standifird 216 4th Street N. 1054 East 300 North Stillwater, MN 55082 American Fork, Utah 84003 29. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc., given to, or prepared or assembled by Organizer under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of Organizer or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six(6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Organizer in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Organizer shall comply with those requirements as if it were a government entity. All subcontracts entered into by Organizer in relation to this Agreement shall contain similar Data Practices Act compliance language. All data and information provided by Organizer under the terms of this Agreement will be kept confidential, if that classification of the data would be permitted under the MN Data Practices Act. 30. NON-DISCRIMINATION. During the performance of this Agreement, Organizer shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Organizer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. Organizer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Organizer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes §363.01,et.seq.,Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 31. DAMAGES. In the event of a breach of this Agreement by the City, Organizer shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 9 32. ENFORCEMENT. Organizer shall reimburse the City for all costs and expenses, including without limitation,attorneys'fees paid or incurred by the City in connection with the enforcement by the City during the Term of this Agreement, or thereafter of any of the rights or remedies of the City under this Agreement. 33. AGREEMENT. This Agreement embodies the entire understanding of the parties with respect to the subject matter hereof and shall not be amended or modified except in writing signed by the parties. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Agreement or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. This is a Minnesota contract and shall be construed according to the laws of Minnesota. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and year aforesaid. ICE CASTLES, LLC By Its STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this__day of 2017, by and the and respectively of Ice Castles, LLC, a limited liability company, registered in the State of Minnesota, on behalf of the company. Notary Public 10 CITY OF STILLWATER Ted Kozlowski, Mayor Diane F.Ward, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2017,by Ted Kozlowski and Diane F. Ward, respectively as the Mayor and City Clerk, of the City of Stillwater, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 11 Exhibit A 12 ���U�J' ' � J��fll�ll� ✓ r�i '��/j yr"� ,, �illlilllll� r, Ll 61 e tl 3c m �w 13 ter EVENTS PERMIT APPLICATION 216 North 4 th Street, St°illwater,, MN 55082 r St r x E a x ff n t Telephone. 65,E-43 —883.7' Fax; 651-430-8810 Incomplete applications or applications received after deadline will not be t C Y tr accepted. See Event Instructions for application deadline and fees. bate Application Received Date of Application: Type: Event special Event Eventw/Contract Event Information Title/'Name of Event Event Date/'Time: Set tap: ate I � r� i4�C � � Time to Actual Event: DateepI'N'tuq ..iWArl4e to Clean up: Late ak Time to (Events after 1D DD p.m.require a variance from City CounciP Location (Address) of Event: Ii ,Y (If in LoweE Park please specify north or south Lowell parka - I tell Description of Event (please be specific-this information will be used to promote the event on the City of Stillwater website) . C -1b eq It `d , Estimated Attendance(participants and spectators): Applicant Information(Person/Group Responsible) Sponsoring,Organization Name: Mailing Address: City, State,Zip Code: i Primary Contact/'Applicant Name: yc, Phone Number: C� � .- rFIllsax: Cell Phone: Email Address: Website Address: � r Name of contact person during.event: Cell Phone: Zq6 Alternate contact during event: ` m Cell Phone: r Defer media or citizens inquires to: Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. include any tables, stages, tents, fencing, portable restrooms,vendor booths,trash containers, etc. if event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features (.O_ Will any signs/banners be put up No El Yes Number an ize: , , Will there be any inflatables? No X Yes El Insurance certificate from rental vendor is required Will there be entertainment? No El Yes What type: Fees for electricity may 171\1R(—(!Dw6 apply see Instructions Will sound amplification be used? No F-1 Yes Hours and Type- Will a stage or tent(s) be set up? No Yes E] Dimensions: Will there be temporary fencing? No ❑ Yes J' 311 Will merchandise/food items be sold? No Yes V` How many Oj\Z1 &%A2Wr Fees for electricity may vendors expected: tX apply see instructions S Will food be prepared on site? No Yes ❑ Contact Washington County Hecith Department,651-430-6655 Will cooking operations be conducted? No Yes El Contact Stillwater Fire Deportment,351-4950 Will alcohol be served but not sold? No % Yes f7 See Alcohol Regulations in the Instructions Will alcohol be sold? No Yes ❑ See Alcohol Regulotions in the,Instructions Will there be a fireworks display? No Yes F1 Permit required,contact Stillwater Fire Department,651-351-4950 Describe power needs and location of power source. 3 L��O 'C ,d(yd uj fq�lfrlc 00- L��U) PLO P Describe level of adveWsement lie,radio,flyers,ads,ter,press release).Attach sample if avaiMble A ud_5 City Services (After reviewing the event application,City services maybe requrled for the event.) Will event use,close or block any of the following: if yes specify location on site map. City Streets or Right-of-way No Ll Yes Start/End Time: IV --A�v\ Date: A City Sidewalks or Trails No F-1 Yes Stara/End Time: Date: N w - Public Parking Lots or Spaces No 0 Yes Start/End Time: Date: Will event need barricade(s)? No ❑ Yes Number needed: Fees may apply see Instructions Will extra picnic tables be needed? No Yes ❑ Number needed: Fees may appfy see Instructions wWilf portable restroorns be needed? No U Imees may apply Yes Number needed: see Instructions Will extra trash receptacles be needed? No Yes/El Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during pnd after event: a ry t bull JV Will event need traffic control? No Yes ❑ Contact Stillwater paiiceraepartmenrfarassistance,651-351-4900 Describe crowd control procedure to ensure the safety of articipants and spectators: 0 ['T Will ""No Parking Signs'" be needed? No Yes Li Number needed: Fees mayaptions)see nstruetiap Show Iacaian(s)on site map. Will event need security? Notj Yes r-1 IfevPntisovernight,security will berequired. LX If using private secruity, list Security Company and Contact Information: }Will event need EMS services? No Yes El Contact Lakeview EMS,e51-430-4621 fan Describe p s to provide first aid, if needed.: C i ' S IT � � N should arise: (� 7 W��^ I° ct if re weather ,. ry U "' �L,. Id - ...,f Describe the emergency p C r x Er ' rC S List any otfi r pertin nt information: The sponsor(s)of this event hereby agrees to save the City,its agents,officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of insurance"may be required. If insurance is required,the policy must be kept in force during the event of at least the statutory limits for municipalities cowering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy"as their interest may appear." As the sponsor or authorized representative,l certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. i realize my submittal of this application request constitutes o contract between myself and the City il.water and is a rele e of Lialaa ity. i Signature of Applicant orAuthorized Agent Dat ��4111 {aig1111 .111I�Y ii���p ((/��j IPI VI,, '/ II����°� l��� ��/�� II �i i� �ulrp � {'(off( li 9 �ul� '� f f ��� // i/� (�%%%% ,i�/ iol �" , � %',%„ i��,, rl�l ii � °i� �I I j�%,,,,� �I el�,�;. 1 �, 1 `. ., ,:. �� t r�'; �f� � ���(ii i 1�1� II 1f �� � � �� �, �wlli II t //�//ii/iG// , ii �� �d , �� N : i �� 7 y, 'I„ ,IL' 1111111 �I G "I�i 'i� II���� ��V i�N �. I,�;� 5, �, I IU � r, Y it I �I ����„�: r'� U I k! � � III'1 W��' !��, Ii MMIf, a. t � �; ,,, � I � � k ,v� iiil �`' '� i�� q�rrt��i � ; 1 �h�,� �,,I I r, �� � Vi� N 1, I qV ^ . � � t ��II 1 Ali l{1 iv L�. i li ¢� ��9 4 r� III ' � ,.+ ' I i• ' �'44V ,, �, ��,, N� ,� 'w: � b W�N� n"f it ,w n. lY �t�,, , ui ��4111 {aig1111 .111I�Y ii���p l���j IPI VI,, '/ II����°� l��� ��/�� II �i i� �ulrp � {'(off( li 9 �ul� '� f f ��� // i/� (�%%%% ,i�/ iol �" , � %',%„ i��,, rl�l ii � °i� �I I j�%,,,,� �I el�,�;. 1 �, 1 `. ., ,:. �� t r�'; �f� � ���(ii i 1�1� II 1f �� � � �� �, �wlli II t //�//ii/iG// , ii �� �d , �� N : i �� 7 y, 'I„ ,IL' 1111111 �I G "I�i 'i� II���� ��V i�N �. I,�;� 5, �, I IU � r, Y it I �I ����„�: r'� U I k! � � III'1 W��' !��, Ii MMIf, a. t � �; ,,, � I � � k ,v� iiil �`' '� i�� q�rrt��i � ; 1 �h�,� �,,I I r, �� � Vi� N 1, I qV ^ . � � t ��II 1 Ali l{1 iv L�. i li ¢� ��9 4 r� III ' � ,.+ ' I i• ' �'44V ,, �, ��,, N� ,� 'w: � b W�N� n"f it ,w n. lY �t�,, , ui Jan George Bench Project Pioneer Park, Stillwater, Minnesota Presentation for Parks Board Meeting, September 25, 2017 The Jan George Bench Project will be the ninth community art project of the St. Croix River Valley Art Bench Trail. The first art bench was installed in Lakefront Park, Hudson, Wisconsin, in 2006, and the most recently completed project was unveiled in Mill Pond Park, Osceola, Wisconsin, in 2014. (See attached brochure and go to www rt�r2nc 7„I..'?il c�k;q for more information.) The Jan George Bench Project was designed for Pioneer Park by twelve Stillwater Junior High School students in 2016 during a three-week summer session, lead by art teacher Megan Beadle and with active involvement from several community members and local partners. With the goal to celebrate the work of the St. Croix Valley Red Cross, and particularly the leadership of Jan George, who served as this chapter's director and in other capacities at Red Cross for more than 30 years, the students met with George and Red Cross volunteers, and learned about Stillwater history, as well as about the river. Their sketch for the bench shows two hands together, representing how the people in the river valley have, throughout history, depended upon one another and come together to lend support. Artist Allen Christian will facilitate the final design and construction of the Jan George Bench Project this Fall. For more than two decades, Christian has worked out of a former warehouse he opens to the public and which is "jam-packed with singular works of art fashioned out of everyday objects.”To learn more, go to www k]gusegf..bg��s cgm... Ped I,i The Stillwater students' sketch (above left) is the inspiration for the design of the maquette made by Christian to show how sheet metal will be used to form the bench (above right). The final design, which may include plasma cutting into the basic metal form or welding onto it, will be determined during a workshop Christian will run from his studio in mid-October with the students who were originally involved in the project. On behalf of the Jan George Bench Project, The Phipps Center for the Arts seeks approval from the Parks Board to coordinate with Park Staff to prepare the site for the completed project,with a goal of having the project completed and installed in November. Drawings of the bench and the proposed site in Pioneer Park are below. 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I i.'I II IL I II I uu 16111 I u 41u I I III ,.: ,,,;:,.: !// //!�✓ �r!/rt/iii r/ r I:, p VV IIIIIIII�u I f uuuu r V IIII ;' � r/ ���/l�r;/r✓�"ria / ��//',; -„ �/� .>/�,..„ %, II I( lui�rul Y uu u) r v 7r ICY /, i�', „, / I�✓�'�/9//f Jif % '/�� f ,//� �i� 11 r� I uIIY'�IV ,II' r i r; 1 I i ? I JP it )IIl I I S A / N l J� y! ' I } i ter A"d J',i1,JJ . M Date: September 14, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Music in Lowell Park (Music on the River) - Sundays in 2018 Mr. Woody McBride will present information on a proposed event for Lowell Park to be held on Sundays in 2018. It is before Council for concept approval only, as this event will require an event application with a contract as it meets the contract threshold in the City's Event Policy. The Parks Commission has reviewed this event and approved the concept. ACTION REQUIRED: Review the information and dates requested, and if Council approves Mr. McBride's concept of the event they should pass a motion on the concept presented at this time. Staff will bring the application and contract for Council approval at a future meeting. te woo mww� Memo To: Parks and Recreation Commission From: Tim Moore, Public Works Superintendent Date: August 17, 2017 Re: Music in the Park BACKGROUND At the July 20, 2017 Parks and Recreation Commission meeting the commission was in favor of Music in the Park but requested a schedule of dates for 2018. Attached is the proposed schedule submitted by Woodie McBride. Woodie will be at the meeting for questions and comments. Recommendation The Parks and Recreation Commission should review and discuss this event and make a recommendation to city council. Beth Wolf From: Woody McBride <mcbridewoody@aol.com> Sent: Thursday, August 10, 2017 12:38 PM To: Beth Wolf;Tim Moore Subject: 2018 Dates for Music on The River at Lowell Park Hi Beth and Tim-the park's commission asked me to forward a list of the 2018 Dates I am interested to host Music on The River at Lowell Park. I have not included any September dates at this time -however, depending on fund raising for this first year I may ask the commission to consider some additional dates. Could you let me know when the next meeting is that you would like me to attend? Also, could we discuss working together to write a grant for programming at the series? I was advised by Art Reach that we could be eligible for some support to help launch the series and possibly buy some sun shades for the stage for use during the concerts. Dates: June 3 June 10 June 17 June 24 July 1 July 8 July 15 July 22 - no show- Lumberjack Days July 29 August 5 August 12 August 19 August 26 Thank you, Woody McBride, Genius of Fun Events \� � \ . � <� � /� < » � :� /�. \ ` \ � /� \ \� � � \ � \ �� �. . }. \ 6 .'": /�� � ƒ /� /� � � \ / . �� \ »&\ t . � \ . � � . f � . . a» ». . . . . . < � - »: »^< � > � . Proposal to the City, businesses & residents of Stillwater MN From: Woody McBride, Owner and operator of Genius Of Fun Event Production located in St Croix Falls, WI & the Twin Cities. mcbridewoody@aol.com • 612-385-4598 • Geniusoffun.com What? A 2018 Stillwater Music In The Park Series. Fresh & Modern Family-Friendly Summer Concerts featuring top notch talent & production with a relaxed Rivertown style. Where? Lowell Park Plaza in downtown Stillwater, MN. When? Sunday Afternoons • June Through August • Noon to 3 pm If (we would yield with no concert during Lumberjack Days July 22) A back up location is being sourced for rain dates or high water Our company brings great family friendly music, entertainment and kids activities to the St Croix Valley and the Twin Cities. Currently we are producing 3 highly successful area summer concert series and this tells us that we can bring the same top level family fun, entertainment & concerts to Stillwater, MN. Genius Of Fun Event Production Company is a self-contained full-service event management and event service provider., keeping production costs low by doing the work ourselves. We personally coordinate expectations with The City, local businesses and community groups. We book the bands, the local talent & music, we feature a great sound system and we are tasteful fund raisers. Concerts in the park is our business. Our customer service is excellent and we have been doing high quality family fun for over 20 years at events such as: 1 - Music On The Overlook in St Croix Falls,WI • for more info visit musicontheoverlook.com 2 - Music at Franconia Sculpture Park nearl Taylors Falls, MN • for more info visit franconia.org/events 3 - Music at Arts in the Park in Forest Lake, MN 4 - Twin Cities Burger Battle at Harriet Island St Paul, Brunch-a- palooza at Upper Landing Park in St Paul, St Paul Oktoberfest at The Historic Schmidt Brewery and countless events at the legendary First Avenue Club & Concert Venue in Minneapolis. What will it sound like? Imagine Prairie Home Companion meets Music at the Minnesota Zoo • a wide range of great family friendly music for all walks of life and all generations. How are we funded? With a balance of private donations, local sponsorships, public partnerships, grants & vendor fees. The first steps after agreeing to move forward is to get the community involved: working with local businesses, sponsors, performers, vendors, civic groups & local favorite bands. Area businesses get great advertising and they enjoy the fun. A List of artists we work with being considered for 2018: • The Cactus Blossoms - American Roots & Americana • Rex Cactus - Classic Country & Western Music • The Funktion Junction - 1970's Disco, Funk & Soul • Tim Patrick's #1 Blue Eyes Frank Sinatra Tribute • Jorgensen Tagg Band - Local Rhythm & Blues Hero • Innocent Reggae & Island Music of The Twin Cities • Roe Family Singers - Midwest's #1 Bluegrass band • Lesmeister Jazz Combination - Classic Jazz Standards • USA's #1 Tribute bands to legends such as Elvis, The Rolling Stones, Tom Petty, Fleetwood Mac & more! • Thea Ennen & Dave Javu - Area folk and Americana • Them Coulee Boys - Hot knee slappin folk & bluegrass • The Bavairian Musikmeisters and Alpensterne Polka • Mark Stillman & Friends - French & Italian Cafe Music • St Croix Jazz Orchestra Ensemble - A local favorite • Mu Daiko • A Japanese Cultural Drum Troupe • Kids & Family A full afternoon of fun programs • Hurricane Harold, Jeff Ray & Doug Otto - Classic Blues • Al Sebola & The Bad Companions - 1950's Happy Days • Quartetto Rosa - Excellent Latin Jazz & Samba • Live Professional Theatre Shakespeare in the Park • Davina & The Vagabonds • Vintage and Neo-Soul • Hitchville • Modern and boot shakin' country music Event Layout Plan A = Artist/Staff parking (6 spots in Lot 9) B = band on stage with sound system C = attendees with lawn chairs, picnics etc D = h otd og/soft drink cart E = sponsors/vendors 10 x 10 tents x 8 Lot ^ Lot. Wali I ti V ^:o E Ef^ w Lot I Om...�_� Leat Lot f " �.� CD L0t�� 4 I; ,w ull A In r 10011"", �i� �`'✓rn ��l�lUd� % �ir� /f/ ���+„���,�lillll „1111 ,� vtnm 111I� 11�0/� � V, Ad l00% �UBHIfftifffflliio� Examples of the identity of our other summer concert series' in St Croix Falls and Forest Lake ,,, KIDS& #u, Forest Lake Parr&Rea with G onus of Finn Event$&Talent FAM NIGHT LA 4M:7 e ® • PARK Pio►V�I.rl // ®, EN' S o e: 10 YEARS E7CPERIE WE HOSTING NEW TALI f trencomaorg ,8/2B8/Y34•8n1g•Bgrbahbs• / i THE OVERLOOK 2017 �&- 1SoW$ , F W Summer Concerts 6:30 p ' ////�• r ScH%iiC dYkwntt7wn St Croix Falls, I E June 2,,Season Opener•The Rex Cactus Radio Show •GREAT MUSIC&ENLCEES•A GREAT SOUND SYSTEM June 9*USA s#1 Tribute to Garth Brooks&More t June to •Wanmgan Days•Everyday People&More q June 16 r BBQ&Blues The Ride Band of Minneapolis /d A tc tit c June 23 Shakespeare Live Cromulent Theatre Henry V" � e June 3q•Vegas Style Frank Sinatra Tribute by Tim Patrick - July 7-New York City Jazz,Vocalists&Swing:SHOOP!�•PP� � Jul i Annual Rids&FamilyNight of Fun&Games! -f/ouae D July 21•Reggae&Island.Musiwith Innocent Band ' ro �rcp July 22•MOTO goes to Dalles House•Brew-Ha-Loan �r +PROFESSIONAL FAMILY FUN WITH,PROVEN RESULTS o m rwe July 28-MOTO goes to"The Polk County fair•Join us! •• Aug 4-USA's#i Tribute to Elvis Presley Steve Marcio • 'U ' • ' U• 1 Aug ii-Bluegrass Night with The Roe Family Singers ' Aug 18•Folk Muise Night-Patchouli&The IIoudeks Aug 25•The Rolling Stones Tribute Tumblin Dice Aug 26•MOTO goes to SCF RibFest Jorgensen Tagg,,,,,,,,,,,... New!Sept 3 Sunday Noon St Croix Jazz Orchestra September 23-MONO to Franconia Sculpture Park Sou New!Sept 24 Sunday Noon The Eelpout Stringers Central Hurricane Harold&Jeff Ray a Insurance Ic 11id NVt',1r d/ a r-. IlUlll �� Kill. 0- LC,_ WWWWW� l� � �w �,�� SRI c�lO'v 1I, � ROYAL �� - EAGLE VALLEY BANK //�/ UNION **JUNE 27-Country Music`�(/ UNION IYL w': A w wv p° ryw Night:R.Cactus Band �w InliiiloYi Ili I���i1°000 ,..... - b ® e ® e 1 1 � M TUESDAYS JUNE-AUGUST i 1' � ............. iY�lirir,Wlpo I r olrJllrc /ilj% S f 1111 11Jl 1111111 1 r ��1✓ o r � l / � l„ r SPONSOR A BAND GET GREAT ADVERTISING AND HAVE SOME FAMILY FUN WITH US'/ / / t l / / l / / / / �f1� rrr �/o1i / / r / / r / / f � / i / / r 1 / r � r ✓i i r / r /// r i r r r � i ,, it l / / EXHIBIT"A" TO RESOLUTION#2017-183 Page UST OF BILLS Action Rental Inc. Rental equipment 290.00 Advance Auto Parts Supplies 5.51 American Med Supply LifePak5O0Replacement Battery 158.50 Aspen Mills Uniforms&supplies 3,194.78 As1|efond International Equipment repair 768.54 ' AutoNation Auto parts 50.59 Bald Eagle SportsmenyAssoc. Range charges 290.00 Blue Tarp Financial Tools 313.39 Bolton and K4enkInc. Marine Cir lift station 8,351.50 Bnand) K4otors 2017 Ram 34,492.00 Burks Tree and Landscape Care Tree Care 2,132.00 Capstone Public Sector Solutions Training 375.00 Century Link Telephone 41.83 Cole Papers Janitorial supplies 1,225.98 Coverall ofthe Twin Cities Commercial cleaning services 2,312.00 Cub Foods Coffee 15.98 ECM Publishers Publications 42.21 Electric Pump Repairs 500.00 Environmental Equipment&Services Equipment repair 211.46 Fasiena| Connpany Equipment repair supplies 10.22 F|eetPriUe Equipment repair supplies 84.10 Foley William Q,]ennifer Refund Conditional Use Permit 525.00 Force America Equipment 325.47 FuhrTrenchinQ Storm sewer project City Hall 8,653.00 GertensVVho|esa|e Plants 855.75 Gopher Sign Co. Sign supplies 295.34 Grainger Equipment repiarsupplies 72.65 Hardwood Creek Lumber Inc. Supplies 105.70 |/Q Solutions Inc. National firefighters selection inventory form 210.00 Kath Companies (Ji| master universal tractor 1,049.50 LaK4eyerMichael Q'Samisha Refund ofVariance 225.00 LHB Inc Professional services 4,804.69 Loff|erCornpanies SonicVVa|| & |Tpsengineer 2,176.25 Mansfield Oil Company Fuel 3,286.69 March Dan Reimburse for diver supplies 138.00 Marshall Electric Company Electrical work 2,302.00 Menards Supplies 734.10 MidAmericaEnvironmental Services Removal ofabandoned chemicals 5,573.35 K4inoAnny Reimburse for mileage 126.26 K8unicnde Ordinance pages 39600 NAPA Auto Ports Equipment repair supplies 6.13 Newman Signs Sign supplies 703.83 Office Depot Office supplies 730.67 O'Reilly Auto Parts Equipment repiarsupp|ies 76.98 Performance Plus LLC Drug screen 900.00 EXHIBIT"A"TO RESOLUTION#2017-183 Page Roberts Company Inc. Uniform supplies 520.50 Robo|eDnnna Reimburse for mileage 195.81 RmetbgerWelding Inc. Rail repair 2,955.00 Roofing 6kResotorotionServices Refund ofPermit fee 469.20 Safe Fast Inc Safety supplies 297.00 Shi|tsCindy Reimburse for seminar registration 255.00 SRF Consulting Group Downtown plan update 6,222.42 St. Croix Boat and Packet Co. Ramp cleaning 1,620.00 Stillwater Collision and Mechanical Vehicle repairs 4,519.92 Stillwater Motor Company Vehicle service 19.24 Summer Tuesdays Inc Refund of event fees 263.00 T.A.Srhifskyand Sons Aggregate 1,872.00 ThorenDavvn Reimburse for mileage 39.00 Uline |nc Storage supplies 497.40 United Way Washington County East Community leadership breakfast ]O.UU Urbihm]udith Reimburse for fire prevention expenses 84.50 USAb|eLife Term Life Insurance 420.00 Valley Trophy Inc. Name plate 13.00 Verizon Wireless Wireless services 2,247.30 VVa|martCVnnnounity Supplies 24.48 Washington County Public Safety Radio 800 Radio User Fees 9,101.82 Washington County Road /& Bridge Traffic services 281.14 Washington County Sheriffs Office C\uarter|yK40Co 6,375.00 Water Works Irrigation LLC Tested device 3,530.00 Wittman Abbi]o Reimburse conference expenses 260.57 VVSB &Associates Inc. Stormxvaternngmotplan &SWAMP 17,617.00 ZeroRez Carpet cleaning 365.00 Ziegler Inc. Equipment 628.45 CREDIT CARDS Altai Brands Boots 154.99 Amazon.com Equipment Qsupplies 851.26 8ackOroundchecks.comn Background checks 33.45 BCA Training&Auditing Training 25.00 Country Inn &Suites Lodging for conference 410.92 Digi-Key Electronics Axial fan for lift station 147.97 Downtown Development Center Tactical Urbanism book 32.50 Ebay Lanyards& Badge holders 137.32 E'KitSupp|y Training 325.00 |CK4A Conference 666.00 K4NHistorical Society Conference 270.00 K8NState Colleges & Univ. Training 374.06 IVIN State Fire Chiefs Assn Conference 300.00 New Horizons K4N Training 2,250.00 [\u)l| Corporation Scientific calculator 59.99 RegOn|ine Training 59.00 EXHIBIT"A. TO RESOLUTION#2017-183 Page REC CENTER 4Fnmnt Graphics 180.00 At0't Wireless service 65.19 Comcast Internet 373.83 ].H. Larson Supplies 257.60 Riede|| Skatey Skates 135.I9 Viking Sprinkler Inspection 5,085.00 LIBRARY Ace Hardware Janitorial Supplies 101.25 Baker and Taylor Materials 1,747.08 8rodart[o Materials 109.23 Denmcu |nc. Processing Supplies 135.61 Horizon DatasysCorp Mobile Computer Lab 249.60 Loff|erCornponies Telephone Upgrade 2,850.00 K4enards Janitorial Supplies 69.82 Midwest Tape Materials 48.12 NordiniFire Equipment Annual Fire Maintenance 157.31 Petrie Angela Teen Room 600.82 Star Tribune Materials 421.20 Stillwater Medical Group Drug Screen 260.00 Toshiba Business Solutions Maintenance Contract 129.40 Washington County Library Materials 959.26 LIBRARY CREDIT CARDS Amazon.com Materials 169.63 UnoOean Janitorial Supplies 58.80 SEPTEMBER MANUALS APN1P Conference fee 90.00 Postmaster Utility billing cert notice postage 278.14 Wells Fargo Bank Cash for new library drawers 800.00 RESOLUTION 2017-184 APPROVAL OF ASSIGNMENT,ASSUMPTION AND NOVATION AGREEMENT BETWEEN THE CITY OF STILLWATER AND GERONIMO ENERGY LLC; BHE RENEWABLES LLC; GEMINI CSG1, LLC, GEMINI CSG2, LLC,AND GEMINI CSG3 LLC, WHEREAS, the City of Stillwater entered into a solar garden subscription agreement with Geronimo Energy LLC on June 18, 2017; and WHEREAS, within that agreement, it was agreed that the assignment, assumption and novation agreement would be executed as part of the solar agreement. BE IT RESOLVED, by the City Council of Stillwater, MN that the assignment, assumption and novation agreement between City of Stillwater and Geronimo Energy, LLC; BHE Renewables LLC; Gemini CSG1, LLC, Gemini CSG2, LLC, AND Gemini CSG1, LLC, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED,that the Stillwater City Council authorizes the Mayor to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk ASSIGNMENT,ASSUMPTION AND NOVATION AGREEMENT THIS ASSIGNMENT, ASSUMPTION AND NOVATION AGREEMENT (this "Agreement") is made as of , 2017, by and among Geronimo Energy, LLC, a Delaware limited liability company ("Geronimo"), BHE Renewables, LLC, a Delaware limited liability company ("BHE"), Gemini CSG1, LLC, a Delaware limited liability company ("Operator"), and the City of Stillwater, a Minnesota Municipal Corporation, Home Rule Charter City of Stillwater, Minnesota (the "Subscriber"). All capitalized terms used herein and not defined herein shall have the respective meanings ascribed to such terms in the Subscription Agreement(defined below). WHEREAS, Geronimo, BHE, and Subscriber are parties to that certain Subscription Agreement, premise 4303833220, dated June 18, 2016, (the "Subscription Agreement"), pursuant to which Subscriber has subscribed and has agreed to be allocated a certain amount of Xcel Energy bill credits related to the production of energy by one or more solar energy projects owned and operated by Operator; and WHEREAS, Geronimo and BHE desire to assign and delegate to Operator, and Operator desires to receive an assignment of and assume, all of the rights and interests in and to, and all of the liabilities and obligations under, the Subscription Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment. Effective as of the date hereof, the Closing, Geronimo and BHE hereby transfer, convey and assign to Operator the Subscription Agreement and all of their respective rights, title and interest in, under and to the Subscription Agreement, except that BHE reserves the right to receive payment under the Subscription Agreement. Operator hereby accepts such assignment. 2. Assumption. Effective as of the date hereof, Operator hereby assumes and agrees to pay, perform and discharge in due course all of Geronimo's and BHE's respective liabilities and obligations under or pursuant to the Subscription Agreement. 3. Release and Novation. Upon such assignment and assumption as described in Sections 1 and 2 of this Agreement, Geronimo and BHE shall be released from all rights, duties and obligations with respect to the Subscription Agreement. The parties hereto hereby agree that this Agreement shall constitute a novation of the obligations of Geronimo and BHE under the Subscription Agreement. Accordingly, all of the rights, duties and obligations of Geronimo and BHE under the Subscription Agreement are hereby extinguished effective as of the date hereof. Subscriber acknowledges and accepts Operator as Geronimo's and BHE's successor in interest in and to all of Geronimo's and BHE's rights, duties and obligations in, to and under the Subscription Agreement. Accordingly, Subscriber hereby (i) approves and consents to the assignment of the Subscription Agreement to Operator as described herein, (ii) releases and discharges Geronimo and BHE from the performance of the Subscription Agreement and from 1 all obligations, liabilities, claims and demands howsoever arising under or in relation to the Subscription Agreement and accepts the obligations and liabilities of Operator under the Subscription Agreement in place of the liabilities and obligations of Geronimo and BHE, and (iii) approves and consents to BHE's receipt and processing all payments on behalf of Operator under the Subscription Agreement. The Subscriber does not release BHE from its obligations under the parent guaranty between BHE and Subscriber which guarantees Operator's performance under the Subscription Agreement. 4. Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. 5. Miscellaneous. Each party hereby acknowledges and agrees that in the event of any inconsistencies or ambiguities between this Agreement and the Subscription Agreement, the terms of this Agreement shall govern. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of laws, rules or principles that might refer the governance or construction to any other jurisdiction. This Agreement may be executed in separate counterparts and delivered by facsimile or in electronically scanned (pdf) form and all of such counterparts when taken together shall constitute one and the same instrument. Each of the parties hereto shall execute and deliver, at the reasonable request of the other party hereto, such additional documents, instruments, conveyances and assurances and take such further actions as such other party may reasonably request to carry out the provisions hereof and give effect to the transactions contemplated by this Agreement. [Signatures on Following Page] 2 IN WITNESS WHEREOF, this Agreement has been duly executed and delivered on behalf of the parties as of the date first above written. Geronimo: BHE: Geronimo Energy, LLC, BHE Renewables, LLC, a Delaware limited liability company a Delaware limited liability company Name: Jeffrey R. Ringblom Name: Rick Weech Title: VP of Finance and Accounting Title: SVP & CFO, BHE Solar Subscriber: Operator: City of Stillwater, Gemini CSG1, LLC, a Minnesota Municipal Corporation a Delaware limited liability company Name: Theodore Peter Kozlowski Name: Rick Weech Title: Mayor Title: SVP & CFO, BHE Solar 3 ASSIGNMENT,ASSUMPTION AND NOVATION AGREEMENT THIS ASSIGNMENT, ASSUMPTION AND NOVATION AGREEMENT (this "Agreement") is made as of , 2017, by and among Geronimo Energy, LLC, a Delaware limited liability company ("Geronimo"), BHE Renewables, LLC, a Delaware limited liability company ("BHE"), Gemini CSG2, LLC, a Delaware limited liability company ("Operator"), and the City of Stillwater, a Minnesota Municipal Corporation, Home Rule Charter City of Stillwater, Minnesota (the "Subscriber"). All capitalized terms used herein and not defined herein shall have the respective meanings ascribed to such terms in the Subscription Agreement(defined below). WHEREAS, Geronimo, BHE, and Subscriber are parties to that certain Subscription Agreement, premise 4303833220, dated June 18, 2016, (the "Subscription Agreement"), pursuant to which Subscriber has subscribed and has agreed to be allocated a certain amount of Xcel Energy bill credits related to the production of energy by one or more solar energy projects owned and operated by Operator; and WHEREAS, Geronimo and BHE desire to assign and delegate to Operator, and Operator desires to receive an assignment of and assume, all of the rights and interests in and to, and all of the liabilities and obligations under, the Subscription Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment. Effective as of the date hereof, the Closing, Geronimo and BHE hereby transfer, convey and assign to Operator the Subscription Agreement and all of their respective rights, title and interest in, under and to the Subscription Agreement, except that BHE reserves the right to receive payment under the Subscription Agreement. Operator hereby accepts such assignment. 2. Assumption. Effective as of the date hereof, Operator hereby assumes and agrees to pay, perform and discharge in due course all of Geronimo's and BHE's respective liabilities and obligations under or pursuant to the Subscription Agreement. 3. Release and Novation. Upon such assignment and assumption as described in Sections 1 and 2 of this Agreement, Geronimo and BHE shall be released from all rights, duties and obligations with respect to the Subscription Agreement. The parties hereto hereby agree that this Agreement shall constitute a novation of the obligations of Geronimo and BHE under the Subscription Agreement. Accordingly, all of the rights, duties and obligations of Geronimo and BHE under the Subscription Agreement are hereby extinguished effective as of the date hereof. Subscriber acknowledges and accepts Operator as Geronimo's and BHE's successor in interest in and to all of Geronimo's and BHE's rights, duties and obligations in, to and under the Subscription Agreement. Accordingly, Subscriber hereby (i) approves and consents to the assignment of the Subscription Agreement to Operator as described herein, (ii) releases and discharges Geronimo and BHE from the performance of the Subscription Agreement and from 1 all obligations, liabilities, claims and demands howsoever arising under or in relation to the Subscription Agreement and accepts the obligations and liabilities of Operator under the Subscription Agreement in place of the liabilities and obligations of Geronimo and BHE, and (iii) approves and consents to BHE's receipt and processing all payments on behalf of Operator under the Subscription Agreement. The Subscriber does not release BHE from its obligations under the parent guaranty between BHE and Subscriber which guarantees Operator's performance under the Subscription Agreement. 4. Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. 5. Miscellaneous. Each party hereby acknowledges and agrees that in the event of any inconsistencies or ambiguities between this Agreement and the Subscription Agreement, the terms of this Agreement shall govern. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of laws, rules or principles that might refer the governance or construction to any other jurisdiction. This Agreement may be executed in separate counterparts and delivered by facsimile or in electronically scanned (pdf) form and all of such counterparts when taken together shall constitute one and the same instrument. Each of the parties hereto shall execute and deliver, at the reasonable request of the other party hereto, such additional documents, instruments, conveyances and assurances and take such further actions as such other party may reasonably request to carry out the provisions hereof and give effect to the transactions contemplated by this Agreement. [Signatures on Following Page] 2 IN WITNESS WHEREOF, this Agreement has been duly executed and delivered on behalf of the parties as of the date first above written. Geronimo: BHE: Geronimo Energy, LLC, BHE Renewables, LLC, a Delaware limited liability company a Delaware limited liability company Name: Jeffrey R. Ringblom Name: Rick Weech Title: VP of Finance and Accounting Title: SVP & CFO, BHE Solar Subscriber: Operator: City of Stillwater, Gemini CSG2, LLC, a Minnesota Municipal Corporation a Delaware limited liability company Name: Theodore Peter Kozlowski Name: Rick Weech Title: Mayor Title: SVP & CFO, BHE Solar 3 ASSIGNMENT,ASSUMPTION AND NOVATION AGREEMENT THIS ASSIGNMENT, ASSUMPTION AND NOVATION AGREEMENT (this "Agreement") is made as of , 2017, by and among Geronimo Energy, LLC, a Delaware limited liability company ("Geronimo"), BHE Renewables, LLC, a Delaware limited liability company ("BHE"), Gemini CSG3, LLC, a Delaware limited liability company ("Operator"), and the City of Stillwater, a Minnesota Municipal Corporation, Home Rule Charter City of Stillwater, Minnesota (the "Subscriber"). All capitalized terms used herein and not defined herein shall have the respective meanings ascribed to such terms in the Subscription Agreement(defined below). WHEREAS, Geronimo, BHE, and Subscriber are parties to that certain Subscription Agreement, premise 4303833220, dated June 18, 2016, (the "Subscription Agreement"), pursuant to which Subscriber has subscribed and has agreed to be allocated a certain amount of Xcel Energy bill credits related to the production of energy by one or more solar energy projects owned and operated by Operator; and WHEREAS, Geronimo and BHE desire to assign and delegate to Operator, and Operator desires to receive an assignment of and assume, all of the rights and interests in and to, and all of the liabilities and obligations under, the Subscription Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment. Effective as of the date hereof, the Closing, Geronimo and BHE hereby transfer, convey and assign to Operator the Subscription Agreement and all of their respective rights, title and interest in, under and to the Subscription Agreement, except that BHE reserves the right to receive payment under the Subscription Agreement. Operator hereby accepts such assignment. 2. Assumption. Effective as of the date hereof, Operator hereby assumes and agrees to pay, perform and discharge in due course all of Geronimo's and BHE's respective liabilities and obligations under or pursuant to the Subscription Agreement. 3. Release and Novation. Upon such assignment and assumption as described in Sections 1 and 2 of this Agreement, Geronimo and BHE shall be released from all rights, duties and obligations with respect to the Subscription Agreement. The parties hereto hereby agree that this Agreement shall constitute a novation of the obligations of Geronimo and BHE under the Subscription Agreement. Accordingly, all of the rights, duties and obligations of Geronimo and BHE under the Subscription Agreement are hereby extinguished effective as of the date hereof. Subscriber acknowledges and accepts Operator as Geronimo's and BHE's successor in interest in and to all of Geronimo's and BHE's rights, duties and obligations in, to and under the Subscription Agreement. Accordingly, Subscriber hereby (i) approves and consents to the assignment of the Subscription Agreement to Operator as described herein, (ii) releases and discharges Geronimo and BHE from the performance of the Subscription Agreement and from 1 all obligations, liabilities, claims and demands howsoever arising under or in relation to the Subscription Agreement and accepts the obligations and liabilities of Operator under the Subscription Agreement in place of the liabilities and obligations of Geronimo and BHE, and (iii) approves and consents to BHE's receipt and processing all payments on behalf of Operator under the Subscription Agreement. The Subscriber does not release BHE from its obligations under the parent guaranty between BHE and Subscriber which guarantees Operator's performance under the Subscription Agreement. 4. Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. 5. Miscellaneous. Each party hereby acknowledges and agrees that in the event of any inconsistencies or ambiguities between this Agreement and the Subscription Agreement, the terms of this Agreement shall govern. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of laws, rules or principles that might refer the governance or construction to any other jurisdiction. This Agreement may be executed in separate counterparts and delivered by facsimile or in electronically scanned (pdf) form and all of such counterparts when taken together shall constitute one and the same instrument. Each of the parties hereto shall execute and deliver, at the reasonable request of the other party hereto, such additional documents, instruments, conveyances and assurances and take such further actions as such other party may reasonably request to carry out the provisions hereof and give effect to the transactions contemplated by this Agreement. [Signatures on Following Page] 2 IN WITNESS WHEREOF, this Agreement has been duly executed and delivered on behalf of the parties as of the date first above written. Geronimo: BHE: Geronimo Energy, LLC, BHE Renewables, LLC, a Delaware limited liability company a Delaware limited liability company Name: Jeffrey R. Ringblom Name: Rick Weech Title: VP of Finance and Accounting Title: SVP & CFO, BHE Solar Subscriber: Operator: City of Stillwater, Gemini CSG3, LLC, a Minnesota Municipal Corporation a Delaware limited liability company Name: Theodore Peter Kozlowski Name: Rick Weech Title: Mayor Title: SVP & CFO, BHE Solar 3 STILDNATER POLICE DEPARTMENT INTEROFFICE MEMORANDUM TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CHIEF JOHN GANNAwAY SUBJECT: AGREEMENT FOR MUSEUM SERVICES-MUSEOLOGY DATE: SEPTEMBER 28,2017 CC: CITY ADMINISTRATOR J.THOMAS MCCARTY Attached is a short form agreement with Museology for work to be completed on the Stillwater Police Department in the form of research,writing,and organizing a historical display for the newly remodeled areas of the Police Department. This is a preliminary design and installment,not to exceed$7230,to be completed before the opening of the new PD lobby. A more in-depth project will be completed in the spring of 2018 in conjunction with a grant award from SHPO. The Stillwater Police Department is the oldest Police Department in Minnesota,formed with the St. Paul Police Department on the same day in 1854. Proper research, data, and artifact collection will require professional assistance. Stillwater PD has available funding in the 2017 Budget to fund the Agreement. RESOLUTION 2017-185 APPROVAL OF AGREEMENT FOR MUSEUM SERVICES BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement for Museum Services between City of Stillwater and Museology LLC, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED,that the Stillwater City Council authorizes the Mayor to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk Shorit orm Agreement For MUSEOLOGY Museum Services Pairtineir City of Stillwater - Police Department Project Piroject Mainageir Chief John Gannaway Museology, LLC Addiress 210 North 2nd St, Ste 010 216 4th Street N Minneapolis, MN 55401 City State Zip Stillwater MN 55082 612-568-7386 le4ephoiine 1::.::iirnaflI info@museology-mn.com (651) 351-4900 jgannaway@ci.stillwater.mn.us Scope of Seirvice: Museology will carry out design development, graphic design, graphics production, and installation for six (6) two-dimensional graphic panels and a 2'x 12' exhibit case in the Stillwater Police Station lobby.Work will be carried out according to Attachment A: Work Plan. rhe Ipairtineir aUthoirizes MiLlse6logy, 11 11 Cto: IPiroject St in E)ate Coiirnp�letioin If;;; to Proceed with new work effort 09 September 2017 16 October 2017 Piroject code ❑ Proceed with Additional Services 0048-001 Agreement incorporates and references the attached Terms and Conditions, Piroject desciriptioin which are made a part of this agreement. Lobby Graphics and exhibit case Cornpeens atioin (iiinvoiced irnoin'ElKly Uiinlless noted otheirwise): El Hourly El Plus reimbursable expenses [A Hourly not to exceed $7,230.00 0 Plus mileage: El Invoiced at Milestones 169 miles at$0.565/mile: $ 95.50 El Portion of total: Current hourly rates are attached. MiLlse6logy, 11 11 C Appiroved Iby IPairtineir Signed: Signed: Print: Bret Pearson Print: Ted Kozlowski,Mayor Date: Date: October 3, 2017 Page 1 MuseoIIIIogy, IIII IIIIC StaindairdIllh°°°° a iidl l IIRates, 20 17 $50.00/hour $70.00/hour $90.00/hour Research: Exhibit fabrication Exhibition design Historical research Writing and editing Archival object&textile mounts Genealogical research Planning Audience research Exhibit development Exhibit installation Collections management Basic collections housing Interpretive planning Program development Event planning Lodging,per diem,and mileage are billed at the standard rate for Minnesota regions,as determined by the U.S.General Services Administration. Grant writing is billed at a flat rate per proposal of$750.00,plus a one-time organizational research fee of$400.00(8 hours @$50.00/hour).All-volunteer run organizations may be eligible for special rates;please contact us. Hourly rates are adjusted periodically but will not exceed 10.0%of the prior calendar year's rate. Page 2 " °IIII' IIII' IIIC° IIII' IIIC°IIII"""""'°1111 THE FOLLOWING TERMS AND CONDITIONS are incorporated into and apart of the Short Form Agreement('Agreement")for Museum Services between the Partner and Museology, LLC.("Museology"). krr rvaces Museology II)oa umments claim or dispute has arisen.Only after the parties are The services we(Museology)will provide are stated All documents,materials,and processes we provide unable to resolve the dispute via mediation will the on page 1 of this Short Form Agreement with you are"work product,"for use in this Project.We keep parties initiate proceedings and assert other legal (the Partner). all rights in such documents,including intellectual or equitable remedies.You agree that no cause of property and copyright.You may keep copies of any action against us shall lie or be maintained by you, I nroje t 3udget and Scope documents for information,reference,and use.If you your successors or assigns unless the action is begun If you hire us to evaluate your project budget, or another party change or add to the documents, within six(b)months after(i)the termination of this both parties acknowledge that estimates of the you indemnify us for any claims(including attorney Agreement,or(ii)the accrual of the cause of action, cost of our work represent our judgment as design fees and costs)resulting from the changes or whichever is earlier. professionals.We have no control over cost of additions. labor,materials,equipment,market conditions,or d rn0re Agreement contractors'methods of determining prices.We k`usronpensafio n This Agreement constitutes the entire agreement cannot state that bids or negotiated prices won't Payment of 10.0%of the agreed upon total is due between the parties and supersedes all prior vary from our estimate or budget. when the contract is signed.Remaining payments agreements or oral understandings.No modification are due within thirty(30)days from the invoice date. or waiver of this Agreement or its terms will be � mejj ne Any remaining balance,after 30 days,is subject to binding unless in writing and executed by both After signing the Agreement,you can't delay the a 10.0%per month penalty of the remaining total parties. start of the project for more than 30 days.After 30 amount.If there is a material change in the Project's days,we may revise the fees and hours for the work. scope of work,our compensation will be equitably Ass'ffg noment adjusted. Neither party may assign their rights under this I na,artrner°s IC Zesponns6OWes Agreement without written consent by the other You will authorize a representative to make timely i"6rrn0 na0o n party.This Agreement is binding upon the parties decisions with respect to the Project.You will If one party materially defaults in the terms of this and their permitted successors and assigns. give us full information(in writing)on the Project Agreement(through no fault of the terminating requirements,including: party),this Agreement and the obligation to Goverrnrcng 11a your mission statement provide further services under this Agreement This Agreement will be governed by and interpreted any prior plans for the desired work may be terminated by giving seven(7)days prior under the laws of the State of Minnesota.Any historical research materials written notice by messenger delivery or certified dispute or claim relating to this Agreement will any written reports(conservation assessments, mail to the address on page 1.Upon termination, be venued or heard in the State of Minnesota, exhibit policies,etc.) we will be entitled to compensation for services Hennepin County. site plans(floor plans,architectural renderings, rendered before the date of termination,along etc.) with reasonable expenses incurred to the date of Acknowledgment site conditions termination. The parties acknowledge that these terms and required inspections conditions are incorporated by reference into the We rely on the information and documentation you 11 nammrttafio n of IL.�abMty Short Form Agreement for Museology Museum give us. The parties acknowledge and agree that they will Services,that the parties have had an opportunity not hold the other liable or assert claims for indirect to read and understand these terms and conditions, I nroje t Changes loss or injury resulting from this Agreement,even if a discuss such terms and conditions with legal counsel, If we have to change the scope of work because party was advised of the possibility of such damages. and understand the significance of this Agreement. you didn't give us all required information,you The parties agree that our liability and your remedy are responsible for any costs to add the missing under this Agreement will be limited to claims for Severab'fl ty components to the plans.You are also responsible actual monetary damages.Any liability resulting If any provision of this Agreement is invalid or for the costs of any unplanned changes that upgrade from this Agreement will not exceed the total otherwise unenforceable,the rest of the Agreement or enhance the value of the Project.We will treat amount actually paid for services we provided.No will remain in effect.Unless this Agreement says any additional rounds of feedback and revisions as officer,official,employee,or agent of Museology is otherwise,if either party fails to exercise their rights a change order.We will assess requests to change personally liable for any costs of Museology. it does not mean they waive their rights or any other the scope,schedule,or approach and let you know provision of this Agreement.This Agreement may how they will affect the fees or timeline.We won't [Nspute IC'ZesokMo n be modified or waived only by a written statement begin work on a change order until you approve it. The parties will try to resolve their disputes by signed by both parties. Revisions of deliverables will be noted on page 1 of mediation.Requests for mediation will be provided this Agreement. in writing in a reasonable period of time after the Page 3 Alitilitachmenlit A: Work ����)Ian IIIIIII IIIIIII IIIIIII IIIIIII Project work will be broken down into four main phases: curation and script, graphic design, production and fabrication, and installation. Each phase will be further subdivided into a series of tasks, outlined below. Belk"I Week 2 Week 3 Week 4 September 18-22 September 25-29 October 2-6 October 9-13 Phase I Phase 11 Phase I I I Phase IV IPhase II: CUiratuioin aind Sciruilpt • Identify, source, and collect 8 to 10 images of historic Stillwater and Washington County • Identify, source, and facilitate loans of objects for exhibit case as needed • Prepare a schematic for hanging the graphic panels and case installation • Prepare text for identification labels and interpretation (if needed) IPhase 111E Giraplh is 11)es igen • Prepare print-ready graphic files including images, identification, and image credits IPhase 111111: Giraplhics IPirodUctuioin aind If°:albiruica-dour • Printing (Bayport Printing) • Fabrication of hangers for images IPhase IIV: Ilinstallllllatuioin • Pick up and deliver graphic panels • Install graphic panels and exhibit case elements • Clean work site of debris and dust; clean glass udgelit Curation and Script 900.00 Image rights 120.00 Graphic Design 2,560.00 Printing 2,200.00 Fabrication 400.00 Materials 250.00 Installation 800.00 Total: $7,230.00 Page 4 Sets Museology will submit two progress sets for review and approval by the Stillwater Police Department as noted below: u »e logy StflIwater Poke Department Progress Set"I Image and Object List with Submit September 21 EOD* Approve September 25 EOD Id Label Text Progress Sed.2 Submit September 29 EOD Approve October 2 EOD Graphic Design Deliver to printer October 3 EOD Installation October 13 EOD * End of Day 1111111 IIIIIII Invoice 1 for 30% of the total ($2,169.00) will be issued along with Progress Set 2 on September 29. Invoice 2 for 70% of the total ($5,061.00) will be issued upon completion of the installation on October 13. Page 5 b t �A C, Mtn in is trati orl Date: September 27, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk Subject: Liquor License Licensee Name Change Rafters to Portside Stillwater Holdings LLC A revised application for License Business Name (DBA/Trade Name) Change from Rafter's to Portside has been received from Stillwater Holdings LLC (John Koch). The Corporation information (Licensee Name) will remain Stillwater Holdings LLC. Name changes, Licensee Name (Corp. LLC etc) or DBA/Trade Name Changes, require updated applications and changes to the establishment's license(s) at the City and State. ACTION REQUIRED: If approved, Council should adopt a resolution entitled APPROVING BUSINESS NAME (DBA/TRADE NAME) CHANGE OF RAFTER'S TO PORTSIDE. RESOLUTION 2017-186 APPROVING BUSINESS NAME (DBA/TRADE NAME) CHANGE OF RAFTER'S TO PORTSIDE WHEREAS,a revised application has been received from Stillwater Holdings LLC for a Business Name (DBA/Trade Name)Change to Portside;and WHEREAS, there are no other changes on the application; and WHEREAS, all required forms have been submitted. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the name change from Rafter's to Portside. Adopted by Council this 3rd day of October, 2017 Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk j , I in istrat ion Date: September 27, 2017 TO: Mayor and Council FROM: Robert Benson,Manager of Board of Water Commissioners Diane Ward,City Clerk SUBJECT: Agreement of Assessment and Waiver of Notice, Hearing and Appeal for Water Service Line Repairs DISCUSSION: Water service line repairs were completed by contractors and billed to Board of Water Commissioners for the following properties: 702 41h Street N 655 Croixwood Place These costs are now in default of the agreement. An Agreement of Assessment and Waiver of Notice, Hearing and Appeal for Water Service Line Repairs has been signed by all property owners therefore a public hearing is not required. RECOMMENDATION Board of Water Commissioners recommends that Council adopt resolution a resolution entitled "Resolution adopting assessment for water service improvements for various address within the City(L.I. 414-1 and L.I. 414-2). RESOLUTION 2017-187 RESOLUTION ADOPTING ASSESSMENTS FOR WATER SERVICE FOR VARIOUS RESIDENT PROJECTS (L.I.414-1 &L.I.414-2) WHEREAS,a Water Repair Service Agreements have been executed relating to the following addresses: 655 Croixwood Place 702 4th Street N WHEREAS,the agreement for this water repair is in default. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL.OF STILLWATER,MINNESOTA: 1. Such assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein,and 2. Each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessment shall be payable in equal annual installments extending over a period as stated below: L.I. # ADDRESS GEO Code Amount Term Interest Rate 414-1 702 4th Street N 2803020210133 $7,800.00 5 yrs. 4.0% 414-2 655 Croixwood Place 1 3103020110069 $4,925.00 3 yrs. 4.0% 4. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2016. If the assessment is not paid by November 15, 2017, accrued interest from the date of the adoption of the assessment roll through December 31, 2017 will be added with the first installment due in 2018. If payment is not received by November 15, 2017, the amount listed above will be collected as stated above on the unpaid balance for the predetermined years above. The yearly installments will be collected with the property taxes that are paid to Washington County. You may at any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the Board of Water Commissioners. 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Stillwater City Council this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk STILDNATER POLICE DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CHIEF JOHN GANNAwAY SUBJECT: SUPER BOwT COOPERATIVE AGREEMENT DATE: SEPTEMBER 28,2017 CC: CITY ADMINISTRATOR J.THOMAS MCCARTY,CITY ATTORNEY DAVID MAGNUSON Attached is a Cooperative Agreement with the Minneapolis Police Department highlighting the fiscal arrangement for reimbursement for Stillwater Police Department personnel that would assist Minneapolis with security and law enforcement duties for any and all events affiliated with the Super Bowl in February of 2018. The Super Bowl has been designated a National Security Event by the Department of Homeland Security, and funding has been released for enhanced security measures. The lead/host agency,Minneapolis Police Department,is requesting assistance from all agencies in the Metropolitan area,and will reimburse agencies for all wages paid to officers. This arrangement is very similar to the MOU that Stillwater had with St. Paul PD during the 2008 Republican National Convention. Several Stillwater officers have requested interest in working the event. City Attorney Magnuson has reviewed and approved the document. RESOLUTION 2017-188 APPROVAL OF COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL SECURITY BE IT RESOLVED, by the City Council of Stillwater, MN that the cooperative agreement regarding public safety related to the 2018 NFL Super Bowl Security between City of Stillwater and the City of Minneapolis, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED,that the Stillwater City Council authorize the Mayor and City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL SECURITY THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY AND SECURITY RELATED TO THE 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL (hereinafter referred to as the "Agreement"), is made effective, except as otherwise made operationally effective as set forth in Section 5 herein, on this 3rd day of October 2017, by and between the CITY OF MINNEAPOLIS, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "MPD") and the City of Stillwater, Minnesota, (hereinafter referred to as "Stillwater" a governmental entity acting through its Police Department (hereinafter referred to as the "Provider"). City, MPD, and each Provider may be referred to individually as a"Party" or collectively as the "Parties" to this Agreement. WHEREAS, the City is the host city for the 2018 National Football League Super Bowl to be held on Sunday, February 4, 2018, and for related events authorized by the National Football League, most of which will take place in the City, City of St. Paul, and City of Bloomington from Friday, January 26, 2018, through Monday, February 5, 2018 (hereinafter referred to collectively as the"Event"); and WHEREAS, a Unified Command structure (as that term is defined in Section 2.4 ) is needed to ensure the level of security coordination required for the Event; and WHEREAS, the MPD will be the lead law enforcement agency for those portions of the Event that occur within the City of Minneapolis (Minneapolis Events) and the St. Paul Police Department (SPPD) and the Bloomington Police Department (BPD) will be the lead law enforcement agencies for those portions of the Event that occur within their cities, respectively (St. Paul Events and Bloomington Events) When either BPD or SPPD is the lead law enforcement agency, its duties will not include making staff assignments that will continue to be administered and managed by the MPD as part of the Unified Command; and WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the Event by entering into an agreement with the "Host Committee" (as that entity and agreement are referenced in Section 3.1 herein) for the Event; and WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required for such a large and unique Event; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the MPD with Event security; and NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59 PublicSafetyJPA (8/2/2017/gpw) Page 1 ("Joint Exercise of Powers") and/or Minnesota Statutes Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1. PURPOSE OF THE AGREEMENT 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with Licensed Peace Officers to be assigned to one or more of the Event locations identified on Exhibit A attached hereto to assist the MPD through the use of a unified command center (as further explained in Section 2.4 of this Agreement) to provide law enforcement and security services ("Services") during the term of the Event. 1.2 Provider will exercise its best efforts to assist with Event security. The Parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Event. That prioritization decision belongs solely to Provider. The Provider may, at any time, recall the Provider's resources when, it is considered to be in Provider's best interest to do so. 1.3 Provider's resources shall be full-time, Licensed Peace Officers and each such Licensed Peace Officer must meet the following criteria as defined in Minnesota Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12, which reads: "(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre- employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 1.4 The MPD will coordinate and inform the SPPD and the BPD of staffing assignments for the St. Paul Events and the Bloomington Events based, when possible, on the recommendations of the SPPD and the BPD, respectively. 2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the Licensed Peace Officers shall also meet the following criteria: 2 2.1.1. That each Licensed Peace Officer shall by reason of experience, training, and physical fitness be deemed by the Provider of being capable of performing public safety and law enforcement duties for the Event; and 2.1.2 That each Licensed Peace Officer is in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the MPD in the event that any licensed peace officer is no longer an officer in good standing with the Provider or shall recall any peace officer that is no longer in good standing; and 2.1.3 That unless otherwise provided or requested by the MPD, each Licensed Peace Officer shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor, and traffic vest. Additionally, in Provider's discretion, personnel may be equipped with a cell phone that may be used to download a public safety application to aid in the tracking of law enforcement personnel during operational periods if allowed pursuant to Provider's policy. 2.2 Provider acknowledges and agrees that at any time during the term of this Agreement the City has the sole discretion to decline to accept and/or use any of Provider's Licensed Peace Officers or other law enforcement resources without cause or explanation. 2.3 The Provider agrees as follows: 2.3.1 As requested by MPD, Provider shall list information on each of Provider's Licensed Peace Officers no later than ninety (90) days before the Event that includes, but is not limited to, name, rank, agency, badge number, photo, cell phone number, and emergency contact information. Said information shall be used strictly for law enforcement purposes related to the Event and each Party will hold the data in the same classification as the other does under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 ("MGDPA"); and 2.3.2. That upon reasonable advance written notification from the MPD, each of Provider's Licensed Peace Officers or other law enforcement resources so designated by the MPD shall participate in training activities related to Event security, that are coordinated or conducted by the MPD or its designee; and 2.3.3. That each Licensed Peace Officer shall be assigned by the MPD, as determined and required by the MPD, to any Event-related assignment based on the Licensed Peace Officer's skill-set and known duty 3 assignment as well as the needs of the operation; including, but not limited to, foot patrol, motorized patrol, static posts at outdoor perimeters, general security inside or outside venues, and traffic control; and 2.3.4. That Licensed Peace Officers participating in the Event may, if so determined by the MPD, be placed in an "On Assignment" status by MPD in which the Licensed Peace Officer should be physically proximate to the Event location, so as to be able to physically report in a timely manner to such duty post assigned by the MPD and prepared to undertake the specific job task or responsibility assigned by the MPD; and 2.3.5. That at the request of the MPD, Provider will designate personnel that participated in or provided Event security to further participate in and/or provide information to and otherwise cooperate with the MPD in any "after action activities" following the conclusion of a Training Session or actual Event security. "After action activities" may include, but not be limited to post Training Session meetings and revisions of Training protocols and post Event security meetings, evaluations, mediation or court proceedings. 2.4 Provider acknowledges and agrees that at all times during any required training session or during the Event each of Provider's Licensed Peace Officers or other law enforcement resources and employees, regardless of rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principles and practices established throughout the law enforcement community(herein referred to as "Unified Command"). 2.5 The Provider agrees to exercise reasonable efforts to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2.6 Event staffing levels will be determined by the MPD as the lead law enforcement agency and fiscal agent, in consultation with the Unified Command and the SPPD for St. Paul Events and the BPD for Bloomington Events, regardless of the location of the Event. Provider may increase the staffing levels at Events located within the Provider's jurisdiction: (a) at the sole cost of the Provider that hosts an Event; and (b) with the knowledge that the additional Licensed Police Officers and other staff members above the staffing level approved by the MPD and Unified Command are not covered by the Policy as described in Section 9 of this Agreement. The number of Licensed Peace Officers and other law enforcement resources to be deployed within the Provider's jurisdiction will be communicated to the City as part of the Unified Command. Notwithstanding Section 2.4, the Provider retains the sole discretion for determining what Provider Licensed Peace 4 Officer and other law enforcement resources will be deployed in its own jurisdiction for events not included under this Agreement and remain under the Provider's own authority. The Provider's Licensed Peace Officer and other law enforcement resources deployed in the Provider's jurisdiction and which are either included above the number of Licensed Peace Officers as determined by the Unified Command or remain under Provider's authority for events not included under this Agreement, will not be eligible for reimbursement of costs as provided in Section 4.2 of this Agreement. 2.7 The Provider will comply with the statutes and rules requiring the preservation of evidence including, but not limited to, Minnesota Statutes, Section 590.10 and Section 626.04. Each Provider must preserve all handwritten notes,photographs, incident reports, video recordings, statements, audio recordings, personal notes, interview audio, text messages, cell phone videos, removable electronic media, squad car videos, any other video recordings, emails, voice mails, computer files and all Work Product, Supporting Documentation and Business Records as those terms are defined in Section 8.1 of this Agreement. 2.8 The MPD, as the lead law enforcement agency, will maintain a list of Licensed Peace Officers (LPOs) assigned to the Events. Each Provider, including the SPPD and BPD, will be responsible for providing accurate lists of its LPOs that will be assignable to the Events as a result of signing this Agreement. 3 CITY RESPONSIBILITIES 3.1 The City will be solely responsible for all communications with the Minnesota Host Committee (the"Host Committee"). The Host Committee shall be responsible for coordinating each of the events authorized by the National Football League (including St. Paul Events and Bloomington Events) and activities that occur within the term of the Event. 3.2 The City and the Host Committee will prepare and enter into an "Event Support and Funding Agreement for Super Bowl LII" (the "Support Agreement"). The Support Agreement will be the source of funding for the Event including the source of payment for the Services to be provided pursuant to this Joint Exercise of Powers Agreement ("Agreement") and for the policy of insurance that will pay for the defense and indemnification of claims filed against the City and each Provider during the term of the Event. 3.3 City agrees that it will provide or facilitate any necessary training to prepare for providing Event security. The substance of the training, if necessary; including the locations, dates, and times, shall be detailed in a separate writing provided from the MPD to the Provider. 3.4 The person responsible on behalf of the MPD for the daily operation, coordination 5 and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the Provider's law enforcement resources, shall be Minneapolis Police Department Commander Scott Gerlicher (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all contacts or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.6 The City will develop and provide to each Provider an adequate supply of the standard incident report form to be used by the City and Providers that provide Services at the Event under the direction of the Unified Command. 3.7 The City will obtain from the Host Committee and provide to each Provider, the "claims procedure" as indicated in Exhibit C hereto that will be used by third party claimants who file claims against the City or against any Provider 4. COMPENSATION AND PAYMENT PROCESS 4.1 The sole source of funds to reimburse each Provider performing under this Agreement shall be funds provided by the Host Committee pursuant to the Support Agreement. 4.2 For and in consideration of the Provider performing under this Agreement, the Provider will be reimbursed for said Services at the rates and in the manner as indicated in attached Exhibit B. All of a Provider's Licensed Peace Officers and other law enforcement resources that (a)perform law enforcement services within the Provider's jurisdiction; and (b) are subject only to the Provider's authority and are therefore not under the Unified Command, are not eligible to have Provider's costs reimbursed pursuant to this Agreement. 4.3 The MPD will prepare and include in Exhibit B eligibility guidelines for cost reimbursement and a check list for the preparation and submission of the reimbursement request. Exhibit B will include a "Reimbursement Payment Form [To be developed by MPD at a later date] to be completed by the Provider along with the required support documents to be attached by the Provider. The MPD shall furnish the Provider with a statement which describes all applicable hours performed by the Provider during the term of the Agreement. The Provider shall submit the Reimbursement Payment Form to the MPD for all undisputed amounts within thirty-five (35) days after receipt of the statement of hours. 4.4 Provider may submit any questions regarding the cost reimbursement process to Robin McPherson or her designee at: robin.mcpherson@minneapolismn.gov. 6 4.5 For any disputed amounts, the Provider shall provide the MPD with written notice of the dispute, including the date, amount, and reasons for dispute within fifteen (15) days after receipt of the statement of hours. The MPD and Provider shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement. 5. TERM OF AGREEMENT 5.1 This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Event-related activity and shall expire on March 1, 2018, or the date to which law enforcement resources or Services are extended, whichever is later, unless terminated earlier in accordance with the provisions in Section 6. Except for the provision of Training as discussed and to be scheduled pursuant to Section 3.3 of this Agreement, Services furnished by the Provider for the Event shall begin on January 26, 2018, and shall terminate on February 5, 2018, unless terminated sooner or extended in whole or in part as provided herein. 6. TERMINATION 6.1 Termination by the City-The City may terminate this Agreement upon providing to the Provider not less than forty-five (45) days advance written notice for any of the reasons stated below: 6.1.1 Cancellation of Super Bowl LII; 6.1.2 City and Host Committee fail to enter into the Support Agreement; 6.1.3 Host Committee fails to purchase and provide insurance coverage as described in Section 9.1 of this Agreement; or 6.1.4 Failure by the Provider to perform any material term under this Agreement and failure to cure the default within the time requested by the City. 7 6.2 Termination by the Provider-The Provider may terminate this Agreement upon providing to the City not less than forty-five (45) days advance written notice for any of the reasons stated below: 6.2.1 Cancellation of Super Bowl LII; 6.2.2 Without cause prior to the initial training session; 6.2.3 City and Host Committee fail to enter into the Support Agreement; or 6.2.4 Host Committee fails to purchase and provide insurance coverage as described in Section 9.1 of this Agreement. 6.3 In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination. 7. AGREEMENT MANAGEMENT 7.1 The Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) 8. WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 8.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work Product" shall mean any report, including incident reports, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to MPD or results from Provider's Services under this Agreement. "Supporting Documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and Work Products generated under this Agreement. "Business Records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to 8 MPD or Provider and pertain to work performed under this Agreement. 8.2 Subject to applicable law, including but not limited to the Minnesota Official Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable Work Product, Supporting Documentation and Business Records or copies thereof, that are needed from or result from the Provider's Services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 8.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed (i.e. Work Product, Supporting Documentation and Business Records) under this Agreement without notice to the other. Except as otherwise required by and subject to federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any Work Product, Supporting Documentation and Business Records which shall be classified as "security information", "security service" or "security service data", defined under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 8.4 In the event of termination, all Work Product, Supporting Documentation and Business Records prepared by the Provider under this Agreement shall be delivered to the City by the Provider by the termination date. 8.5 Both the City and the Provider agree to maintain all Business Records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in particular, Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b), 138.17, and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 9. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 9 9.1 Insurance Coverage for Event-The Host Committee has purchased a law enforcement liability insurance policy (the "Policy"). The insurance carrier is International Insurance Company of Hannover SE (the "Insurer"). The Policy will provide coverage for claims that each Provider becomes legally obligated to pay as damages due to "bodily injury", "property damage", or "personal injury" suffered by third parties. The Policy will require the insurer to have the right and duty to defend and indemnify each Provider against any claim or lawsuit due to Provider acts that occur within the territory of the Events and during the period in which the Policy is in effect. Each Provider's Law Enforcement Officers and supervisors under the Unified Command will be covered under the Policy by virtue of the Provider being named an "insured" under the Policy. 9.1.1 The limits of liability for all occurrences (claims) during the coverage period is $3,000,000.00 ($3 million). The limit of liability for any third party claim for damage to or loss of personal property is $25,000. 9.1.2 The cost to hire and pay for legal representation to defend the City and any Provider ("defense costs") are not subject to the $3 million limit of the Policy. 9.1.3 The Policy is not subject to the payment of a deductible by the Host Committee, the City or by any other Provider. 9.1.3. Each Provider agrees to be bound by the terms and conditions contained in the Policy. 9.1.4 Each Provider agrees that it will cooperate with the insurer and with the City by reasonably and timely responding to the insurer's request for information or to appear at meetings or judicially mandated hearings. 9.2 Insurance as Sole Source for Liability and Indemnity-Each Provider hereto agrees that it will only seek recovery for any liability incurred in carrying out the terms of this Agreement from the insurance to be procured by the Host Committee as set out in Section 9.1 of this Agreement. 9.2.1 If a Party's liability is not subject to recovery through the Policy, then each Party agrees that it will otherwise be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside of the jurisdiction or geographic limits of the City of Minneapolis, and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other Party and the results thereof. 10 9.2.2 In the unlikely event that the aggregate amount of any one or all claims exceeds $3 million, then each Party agrees that it will otherwise be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside the of the jurisdiction or geographic limits of the City of Minneapolis, and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other Parties and the results thereof. 9.3 Further Limitation On Provider Liability-It is understood and agreed that the liability of each Provider that is a municipality, county or similar political subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) and the liability of the State of Minnesota as a Provider shall be limited by the provisions of Minnesota Statutes, Section 3.736 and by other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either Party, its respective officials and employees, may have under said Chapter 466, Section 471.59 subd. la, and any common-law immunity or limitation of liability, all of which are hereby reserved by the Parties that have entered into this Agreement. 9.4 Provider Workers' Compensation Insurance Required-Except as expressly provided herein, each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self- insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Except as expressly provided herein, each Party waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents. 9.5 Provider Responsible for Own Equipment-Except as expressly provided herein, each Party shall be responsible for damages to or loss of its own equipment. Except as expressly provided herein, each Party waives the right to sue any other Party for any damages to, or loss of its equipment. 9.6 Provider Rendering First Aid-Except for immediate first aid rendered by a Provider at the scene of an accident or occurrence, no other medical assistance, expenses or aid is covered under the Policy. 10. INDEPENDENT CONTRACTORS Each Provider in its relationship with the City under this Agreement is an independent contractor. No Provider, its Licensed Peace Officers or other law enforcement resources shall be considered an employee of the City. The City, its Licensed Peace Officers or other law enforcement resources shall not be considered employees of the Provider. 11 11. SUBCONTRACTING The City and Provider agree that no Services will be subcontracted and agree not to enter into any subcontracts to provide any Services under this Agreement. 12. ASSIGNMENT Neither the City nor the Provider will assign or transfer any interest in this Agreement without the consent of the other Party. 13. DISPUTE RESOLUTION The City and the Provider each agree to cooperate and negotiate in good faith to resolve any disputes that arise regarding the terms of this Agreement and the performance of the Services. If good faith negotiations fail to resolve a dispute, then the Parties will use mediation services to attempt to resolve the dispute. The City and Provider will equally share the expense of the mediator. The Parties will select a mediator by each submitting three names in rank order of preference to the other Party. If there is no common name on each Party's list, then a neutral, third party, law enforcement representative that is not a party to this Agreement will select a mediator for the Parties. If mediation fails to resolve a dispute between Parties, then the Parties will resolve the dispute through litigation. 14. AUDIT OF AGREEMENT RECORDS Pursuant to Minnesota Statutes, Section 16C.05, both the City's and the Provider's books, records, documents, and accounting procedures and practices with respect to any matter covered by this Agreement shall be made available to the State of Minnesota Office of the State Auditor upon written notice, at any time during normal business hours, for the purpose of auditing, examining or making excerpts or transcripts of relevant data. 15. AMENDMENT OR CHANGES TO AGREEMENT 15.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties hereto; after all appropriate and necessary authority has been acquired by each such Party. 15.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "Agreement" as used 12 herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 16. NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: Scott Gerlicher Commander-Minneapolis Police Department 511 11th Avenue South Suite 401 Minneapolis, MN 55415 17. INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 18. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. The matters set forth in the "WHEREAS" clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement. 19. MISCELLANEOUS PROVISIONS 19.1 The Parties intend that, with respect to the defense and indemnification provisions in Section 9 hereof, this Agreement may benefit or create rights or causes of action in or on behalf of any other agency providing services for the Event under a similar but separate agreement. Except for the foregoing, the Parties intend that 13 this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity other than the Parties. 19.2 The Parties shall cooperate in achieving the objectives of this Agreement pursuant to Minnesota Statutes, Sections 15.51 through 15.57. 19.3 The Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as applicable, non-discrimination and affirmative action laws and policies. 19.4 If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability will not affect any other provision, and this Agreement will be construed and enforced as if such invalid or unenforceable provision had not been included. 19.5 Failure of a Party to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance. Failure to enforce a provision does not affect the rights of the Parties to enforce any other provision of the Agreement at any time REMAINDER OF THIS PAGE IS BLANK 14 IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF MINNEAPOLIS CITY OF Stillwater By: By: Its: Police Chief Its: Mayor, Ted Kozlowski Date: Date: Approval Recommended: Approval Recommended: By: By: Its: Assistant City Attorney Its: City Attorney, David T. Magnuson By: By: Its: Purchasing Department Its: City Clerk, Diane F. Ward 15 EXHIBIT A - Super Bowl Events Event Description Super Bowl Experience Media Center/Radio Row Mall of America Game Day Event NFL Honors NFL Friday Night Party Tailgate Party Opening Night NFL on Location Super Bowl Live Stadium Interior Stadium Perimeter Pre-game Party AFC Team Hotel NFC Team Hotel NFL Headquarters Hotel AFC Practice Site NFC Practice Site Police Escorts Tactical Squad Bomb Technical Squad Bomb K-9s VACIS Street Patrol Downtown Extra Metro Transit Security Mobile Field Force Square Fit Team VPSO Command Post Security Staging Logistics Credentialing Dignitary Liaison Counterfeiting Human Trafficking Investigators The MPD will maintain a list of Licensed Police Officers covered by this Agreement 16 EXHIBIT B Super Bowl Special Event Period Reimbursement Guidelines Reimbursement Period: Friday January 26th, 2018 through Monday February 5th, 2018 1. General Reimbursement Guidelines: a. The lead law enforcement agency, Minneapolis Police Department, will serve as fiscal agent for purposes of this agreement. b. Reimbursement will be for official Super Bowl events sanctioned by the MN Host Committee and/or the NFL only, or for hours worked in direct support of the lead law enforcement agency, Minneapolis Police Department. c. All hours worked will be considered "on duty" time. d. Sending agencies are expected to place provided law enforcement officers "on assignment" for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. e. Reimbursement will occur for personnel wage costs only at established straight time or overtime rates pursuant to Section 2, Established Hourly Reimbursement Rates, in this Exhibit B. These rates are all inclusive and will not be adjusted. £ Reimbursement will occur only for hours worked consistent with official operational plans approved by the core planning team and the lead law enforcement agency, MPD. g. There will be no reimbursement for non-personnel costs, backfill,pre-event training, equipment, and other expenses including but not limited to travel costs, fuel, mileage,per diem, etc. h. Reimbursement will occur only for state, county, and local law enforcement personnel participating in official Super Bowl Event security details. i. There will be no reimbursement for participation of law enforcement command level staff including but not limited to those in the ranks of Chief, Sheriff, Assistant Chief, Deputy Chief, Colonel, Major, Sr. Commander, Captain or other law enforcement officers working in a command position and/or in an exempt payroll status. j. Generally,participating law enforcement personnel will be expected to work a ten hour shift daily during the event period(This may vary based on specific assignments). k. For reimbursement purposes, a law enforcement officer's shift begins and ends when he/she checks in/out on site with the lead law enforcement agency. This will be tracked using an automated system provided by the lead law enforcement agency. 17 Law enforcement personnel will be notified of their daily and hourly schedule 30-60 days prior to the special event period subject to any changes that may occur. There will be no reimbursement for any changes to the schedule or for any scheduled off days during this period or for off hours where personnel are not actively assigned to an official special event detail. a. Sending agencies and personnel assigned to the special event week must adhere to all lead law enforcement agency requirements in order to be eligible for reimbursement. b. Any variation from the above guidelines must be approved by the lead law enforcement agency, Minneapolis Police Department. 2. Established Hourly Reimbursement Rates: a. All hours reimbursed under the terms of Sections 3 and 4 of this Exhibit B, below will be paid at one of the following established hourly rates. These are set rates and will not be adjusted based on specific agency hourly rates. The rates are inclusive of all costs including both payroll and fringe. i. $82 per hour overtime rate. ii. $55 per hour straight time rate. 3. Specific Agency Reimbursement Guidelines: a. For law enforcement personnel working in areas where they have jurisdictional authority: i. Reimbursement will occur only for overtime hours worked as a result of established/approved operational plans and hours above and beyond that of their scheduled shifts for that day with approval of incident commander. ii. Sending agencies will be reimbursed for overtime hours worked under the Joint Powers Agreement, not to exceed 60% of the total hours worked by that al!ency at the established overtime rate as specified in Section 2 of this Exhibit B, above. iii. Sending agencies are expected to place provided law enforcement officers "on assignment" for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. b. For law enforcement personnel working in areas where they do not have jurisdictional authorit. i. Reimbursement will occur for all hours worked to include straight time and overtime at the established rates as specified in Section 2 of this Exhibit B, above however reimbursement for overtime hours worked under this Joint Powers Agreement which will not exceed 60% of the total hours worked by that agency. 18 ii. Sending agencies are expected to place provided law enforcement officers "on assignment" for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. 4. Reimbursement Process: Within 30 days after the special event period, the lead law enforcement agency, MPD will provide the sending agency with a report outlining hours worked for all personnel for that agency. a. Sending agency will review the personnel report for accuracy and outline which hours constituted straight time versus overtime and submit an invoice with support documentation to the lead law enforcement agency. b. The lead law enforcement agency will review the invoice and support documentation, and work with the sending agency on addressing any discrepancies. c. The lead law enforcement agency will issue reimbursement to the sending agency consistent with the guidelines established in this agreement within 45 days of receiving an invoice and the requested support documentation. Invoices should be sent to: MPD Chief Financial Officer C/O Robin McPherson 350 South 5th Street, Room 130 Minneapolis, MN. 55415 19 EXHIBIT C CLAIMS PROCEDURE FOR CLAIMS BROUGHT AS A RESULT OF LAW ENFORCEMENT AND SECURITY SERVICES I. The Host Committee and Insurer will develop a"uniform claim form (the "Form"). The Form will be approved by the insurance broker retained by the Host Committee and by the Insurer. 2. The Host Committee will establish a committee to review each Form submitted by third parties alleging injuries or property damage due to law enforcement activities that occurred during the Event(each completed Form a"Claim"). 3. The committee established to conduct the preliminary review of the Claim Forms ("Claims Committee")will consist of at least the following members: (a) A Host Committee representative; (b) A Representative of the insurance broker retained by the Host Committee; and (c) The City of Minneapolis Risk Manager. The Claims Committee may also include other Provider representatives as determined by the three(3) required Claims Committee members. 4. After making a preliminary determination as to the validity of a Claim, the Claims Committee will forward each Form to the Insurer. The Insurer will determine whether Claims are covered by the Law Enforcement Liability Policy and determine when the Policy limits have been reached and exceeded. 5. Once the aggregate amount of Claims exceeds $3 million, then the Insurer will notify the Host Committee, the City and each Provider. Any further Claims brought against each Provider after the date of notification that the $3 million coverage limitation has been exhausted will be the sole responsibility of the Provider or Providers named in the Claim to defend and pay the amount of damages determined by a court of law. 20 b t �A C, Mtn in I 's trati r TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator DATE: September 29,2017 SUBJECT: 2018 Employee Health Insurance Plan Renewal BACKGROUND The City of Stillwater solicited bid proposals from the market for 2018 employee health insurance plans. Its current provider, Southwest West Central Service Cooperative(SWWC),who contracts with Blue Cross Blue Shield of Minnesota,responded, as did HealthPartners. The City evaluated proposals and determined the SWWC Blue Cross Blue Shield of Minnesota proposal was in the best interest of the City. Its 2018 employee health insurance premium rate is a decrease of 1.1 percent when compared to 2017 premium rates. Therefore,the City recommends renewing its employee health insurance plan for 2018 through the SWWC Blue Cross Blue Shield of Minnesota health insurance pool. Final health insurance premium rates will be determined and brought forward for Council review and final approval at a later date. RECOMMENDATION Staff recommends adoption of the resolution entitled, "Approving Employee Health Insurance Plan Effective January 1, 2018." RESOLUTION 2017-189 APPROVING EMPLOYEE HEALTH INSURANCE PLAN EFFECTIVE JANUARY 1, 2018 BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the City's employee group health insurance plan be renewed for 2018 with the Southwest West Central Service Cooperative who contracts with Blue Cross Blue Shield of Minnesota. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 3 day of October, 2017. ATTEST: Diane F.Ward, City Clerk Ted Kozlowski, Mayor RESOLUTION 2017-190 RESOLUTION APPROVING CONTRACT WITH HOISINGTON KOEGLER GROUP, INC FOR PROFESSIONAL SERVICES TO UDPATE THE STILLWATER COMPREHENSIVE PLAN WHEREAS, on September 9, 2017 the City Council of the City of Stillwater approved the selection of Hoisington Koegler Group, Inc (HKGi)to assist the City with the update of the Stillwater Comprehensive Plan; and WHEREAS, HKGi has submitted a contract letter with Attachments A and B, dated October 3, 2017, which fairly represent the scope of services as requested by the City, as well as contractual terms and conditions, schedule, and other details as found acceptable to both the City of Stillwater and HKGi. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby approves the October 3, 2017 contract letter and attachments. Adopted by the Stillwater City Council this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AN AGREEMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA AND HOISINGTON KOEGLER GROUP INC. FOR THE STILLWATER COMPREHENSIVE PLAN PROJECT This contract outlines a Scope of Services, Fee Schedule and other elements which together constitute an agreement between the City of Stillwater, Minnesota, 215 North Fourth Street, Stillwater, MN 55082 hereinafter referred to as the CLIENT,and Hoisington Koegler Group Inc.,123 North 3rd Street,Suite 100, Minneapolis, MN 55401, hereinafter referred to as the CONSULTANT for professional services related to preparing the update of the Stillwater Comprehensive Plan, hereinafter referred to as the PROJECT. The CLIENT and CONSULTANT agree as set forth below: A. BASIC SERVICES The CONSULTANT will work with City staff to update the Stillwater Comprehensive Plan. The CONSULTANT'S basic services for the PROJECT are as provided in Attachment A-Scope of Work. B. ADDITIONAL SERVICES The CONSULTANT and the CLIENT may agree in writing to amend this Contract for additional services related to the PROJECT and compensation for such services. The following services have not been requested by the CLIENT but are available upon written authorization. 1. Meetings in addition to those specified in Attachment A. 2. Services or Deliverables not specifically identified in Attachment A. D. SUB-CONSULTANTS The following sub-consultants will provide services for the project under separate agreement with the CONSULTANT: SRF Consulting Group, Inc. No other sub consultants will provide services under this contract without the written permission of the CLIENT. All sub-consultants shall be subject to the provisions of this agreement as set forth in provisions E thru N. C. FEES FOR PROFESSIONAL SERVICES The CONSULTANT agrees to complete the scope of work contained in Paragraph and Attachment A in exchange for professional fee compensation as noted below. The CLIENT agrees to pay the CONSULTANT for PROJECT services rendered as follows: 1. For the CONSULTANT'S Basic Services described in Paragraph A above and Attachment A, a fee based on the CONSULTANT'S current hourly rate schedule (see Attachment B) not-to-exceed $120,000 including reimbursable expenses. Agreement-Stillwater Comprehensive Plan Update October 3,2017 Page 2 2. For the CONSULTANT'S Additional Services described in Paragraph B, a fee based on the CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated fee. 3. Invoices will be submitted electronically (PDF form) to the CLIENT on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 4. The CONSULTANT reserves the right to suspend services if the CLIENT is delinquent in making payments in accordance with this Agreement. D. CLIENT'S RESPONSIBILITY The CLIENT shall be responsible for the following: 1. Assembly of background information including, but not limited to digital copies of all files, pertinent plans, aerial photographs, base maps, inventory data, available GIS mapping, limited to those that are reasonably available. 2. Arrangements and notification for public meetings. 3. Reproduction and distribution of Project reports. 4. Items noted in Attachment A as Stillwater Staff Responsibilities. E. INSURANCE CONSULTANT and SRF Consulting Group, Inc. shall maintain insurance of the kind and in the amounts shown below for the life of the contract. Certificates for General Liability Insurance should state that the CLIENT, its officials, employees, agents and representatives are Additional Insureds.The CLIENT reserves the right to review CONSULTANT's or SRF Consulting Group, Inc.'s insurance policies at any time to verify that contractual requirements have been met. 1. Commercial General Liability Insurance $2,000,000 per occurrence $3,000,000 general aggregate $300,000 damage to rented premises $15,000 medical expenses 2. Umbrella Liability $1,000,000 per occurrence $1,000,000 general aggregate $10,000 self-insured retention 3. Worker's Compensation and Employer's Liability a. Worker's Compensation per Minnesota Statutes b. Employer's Liability $500,000 per accident; $500,000 per employee; Agreement-Stillwater Comprehensive Plan Update October 3,2017 Page 3 $500,000 per disease policy limit. 4. Professional Liability Insurance $2,000,000 per claim $2,000,000 annual aggregate F. COMPLETION SCHEDULE The services of the CONSULTANT will begin upon CLIENT approval and will, absent of causes beyond the control of the CONSULTANT, be completed by April 30, 2019. G. NONDISCRIMINATION The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. H. EQUAL OPPORTUNITY During the performance of this Contract, the CONSULTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion,sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race,color, religion,sex or national origin. Such action shall include, but not be limited to,the following:employment, upgrading,demotion,transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its sub-consultants for such work to incorporate such requirements in all subcontracts for program work. I. INDEMNIFICATION CLIENT and CONSULTANT agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorney's fees, to the extent such claims, losses, damages or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the CLIENT and CONSULTANT, they shall be borne by each party in proportion to its negligence. Agreement-Stillwater Comprehensive Plan Update October 3,2017 Page 4 J. TERM,TERMINATION, SUCCESSORS AND/OR ASSIGNS 1. The Term of this Agreement shall be concurrent with the work authorized and shall be in accordance with the schedule to be established between the CLIENT and the CONSULTANT. 2. Either party may terminate this Agreement by written notice to the other party at its address by certified mail at least ten (10) days prior to the date of termination. 3. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4. The time schedule shall not apply and/or time extensions will be allowed for any circumstances beyond the control of the CONSULTANT. 5. This Agreement shall be governed by all applicable laws. 6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. K. DISPUTES In the event the CLIENT and CONSULTANT are unable to reach agreement under the terms of this contract, disputes shall be submitted to mediation prior to either party commencing suit regarding same. L. REVOCATION If this agreement is not signed and accepted by both parties within 90 days of the contract date, it shall become null and void. M. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of Consultant because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. Trade Secrets: Assuming that the material that the organization would supply is not just proprietary, but also constitutes a trade secret under the Uniform Trade Secrets Act definition, it could be protected under Minn. Stat. Section 13.37 subd. 1(b) and subd. 2. The MGDPA definition of"trade secret information" tracks the language of the UTSA, and thus includes "government data, including a formula, pattern,compilation, program, device, method,technique or process(1)that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3)that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use." If it meets this definition,then subd. 2 makes it nonpublic data with regard to data Agreement-Stillwater Comprehensive Plan Update October 3,2017 Page 5 not on individuals, and private data with regard to data on individuals. Beyond the protections of this provision, it would be difficult for a city to keep a promise of confidentiality. N. RECORDS-AVAILABILITY AND RETENTION The Consultant agrees that the City or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary,shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Consultant and invoice transactions relating to this Agreement. Consultant agrees to maintain these records for a period of three(3)years from the date of termination of this Agreement. O. AUTHORIZATION IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed this Agreement for Professional Services, This 3rd day of October, 2017 CLIENT: City of Stillwater, Minnesota Signature Title Printed name Signature Title Printed name Agreement-Stillwater Comprehensive Plan Update October 3,2017 Page 6 CONSULTANT: Hoisington Koegler Group Inc. Name: R. Mark Koegler Title: CEO Stillwater Comprehensive Plan Update Attachment A—Scope of Work TASK 1- ORGANIZE THE EFFORT The initial task involves the start-up efforts for the comprehensive plan update process. This task will include orienting the project team and staff to the project objectives, issues, and opportunities as well as provide an understanding and expectation for project communications and to establish a guide for community engagement. Key sub-tasks include the following: 1.1 Kick-off Meetings with Staff The HKGi team will facilitate a workshop with key City Staff to officially kick-off the project.The following items will be part of the kick-off event: • Issues and opportunities discussion. • Review and establishment of detailed project schedule and milestones. • Gathering of relevant background studies, reports, policies, ordinances, mapping data, and other relevant data sets. • Tour of the community focusing on areas of change. 1.2 Conduct Kick-off Meeting with the City Council, Planning Commission, Comprehensive Plan Advisory Committee, and Parks and Recreation Commission. An initial kick-off meeting will be held to conduct a "Stillwater Comprehensive Planning 101"session. The session, which will be held on the same day as the staff kick-off(Task 1.1),will be designed to provide an orientation to comprehensive planning in general with a specific focus on Stillwater's current plan as well as the upcoming update. The session will include a review of the current plan, required comprehensive plan contents, the Thrive 2040 initiative, Stillwater's System Statement, the schedule for the update process and other pertinent information. 1.3 Collect Mapping Data and Assemble Project Base Maps Collect GIS and CAD based mapping and data sets from all relevant sources.This will include basic parcel data, roadway network, planning and zoning, park system,trail network, infrastructure systems, neighborhood districts (if any), tax increment or redevelopment district boundaries, and natural resource information.We will prepare a set of base maps that will be used over the course of the project. 1.4 Prepare Community Engagement Guide We will prepare a document to guide the community engagement effort throughout the project. The Guide will outline ways to: • Utilize effective communication tools accessible to a broad and diverse audience. • Engage community leaders and underserved populations. • Ensure that the community outreach strategies align with the sequence of project tasks, including key decision points, so that input gathered can meaningfully inform the work products that are developed. • Include community-based events and activities in locales where Stillwater' residents and businesspersons typically gather including community festivals. AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 2 • Incorporate online community engagement platforms including, but not limited to, email broadcasts, project website, and cable TV. The community engagement guide will include a schedule which will be maintained and adjusted as needed over the course of the project. The community engagement effort is expected to generally include the following elements and phases: Online and Social Media Materials Online outreach will be an important part of the Comprehensive Plan's community engagement effort and it will occur during each of the three community engagement phases. Social Pinpoint and Survey Monkey will be the primary electronic outreach tools. Additionally, throughout the planning process, HKGi will prepare materials for use by the City in reaching out to interested parties via Facebook and Twitter. Phase 1 -Inform and Listen Phase I of the community engagement effort will have two primary purposes. First, it will be used to communicate the project to the community: the "what", "why", and "how' of the Comprehensive Plan update. Secondly, this phase will be used to test and validate or refine the goals and policies in the current plan.The exact approach and means of engagement will be defined in the community engagement guide. As part of this phase, the consultant team will facilitate online engagement. Key components will likely include: Prepare Engagement Materials Engagement materials will include presentation slides, boards, press releases and invitations. Information will be prepared for online engagement resources and in-person meetings. HKGi will prepare brief articles about the Comprehensive Plan for placement in Stillwater's quarterly newsletter. Preparation of Social Pinpoint 1.0 The first phase of Social Pinpoint—1.0—will be structured in a manner that collects information on desired areas of input that are important in the start-up phase of the comprehensive plan (i.e. vision/guiding principles, goals and policies related to land use, housing, economic development, natural resources, redevelopment, etc.). A summary of all input will be prepared. Facilitation of In-person Engagement Process Details of the in-person engagement effort will be established in the community engagement guide but for budget purposes, it is assumed to include: • Pop up meetings (2) at community events and gatherings. Summary and Recap of Engagement Prepare a memorandum summarizing the Phase 1 community engagement. Phase 2—Consult and Collaborate Phase 2 of the community engagement process will immediately follow Phase 1. By the time Phase 2 commences, we will have worked through the assembly initial draft alternative concepts and ideas that AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 3 then need to be reviewed by and tested by the community. The primary objective of the Phase 2 community engagement is to present potential ideas that represent changes to the existing Comprehensive Plan. Steps in this process will follow the stakeholder engagement guide. Key sub-tasks of Phase 2 include: Prepare Engagement Materials Updated community engagement materials will include presentation slides, boards, press releases and invitations. Information will be prepared for online engagement resources and in-person meetings. HKGi will prepare brief articles about the Comprehensive Plan for placement in Stillwater's quarterly newsletter. Preparation of Survey(Survey Monkey) The second phase will involve using Survey Monkey to gain input on major ideas, concepts and trends that are being considered in the alternatives phase of the planning process. Concepts may include various development and redevelopment ideas and community trends including but not limited to changes in housing and transportation. Concept plans and precedent photos will be used to illustrate ideas and provide background for public comments. A summary of all input will be prepared. Update Online Materials In addition to Survey Monkey, HKGi will use the project website to post initial concepts and ideas. We will also prepare materials for use by the City in reaching out to interested parties via Facebook and Twitter. Prepare Project Update Summary Prepare project update summary materials in written form for use by City staff in newsletters, email blasts and/or media releases. Facilitation of In-person Engagement Process Details of the in-person engagement effort will be established in the community engagement guide but for budget purposes, it is assumed to include: • Pop up meetings (3) at community events and gatherings. Summary and Recap of Engagement Prepare a memorandum summarizing the Phase 2 community engagement. Phase 3—Report, Discuss, and Agree This phase of community engagement will include a number of key objectives: reporting information about the draft plan; providing opportunities to discuss key elements; and seeking final consensus on the overall plan direction.The primary objective in this phase of engagement is to report the results of the planning process and to reach general consensus on plan directions. Preparation of Social Pinpoint 2.0 The final phase of Social Pinpoint-2.0-will be the final electronic outreach effort designed to capture community input on specific plans, implementation strategies and projects. Projects and AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 4 recommendations will be geocoded to allow users to click on a plan element or implementation measure, learn more about what's being proposed, and offer comments. A summary of all input will be prepared. Update Online Materials HKGi will use the project website to post draft materials and comprehensive plan chapters to seek community input on the specifics of the plan. Consistent with the first two community engagement phases, we will also prepare materials for use by the City in reaching out to interested parties via Facebook and Twitter. Prepare Project Update Summary Prepare project update summary materials in written form for use by City staff in newsletters, email blasts and/or media releases. Facilitation of In-person Engagement Process Details of the in-person engagement effort will be established in the community engagement guide but for budget purposes, it is assumed to include: • Pop up meetings (2) at community events and gatherings 1.5 Establish Document Format HKGi will work with City Staff to outline the format for the Comprehensive Plan update based on the format of the current plan. The new plan will need to be visually appealing and user friendly and it will need to be designed to be viewed in both paper and electronic formats. Accordingly, the document will include frequent links to related content and background material to allow readers to get more information on specific components of the plan if they desire. 1.6 Review Committee Meeting Meet with the Comprehensive Plan Advisory Committee to present the outcomes of Task 1 and to receive feedback. Task 1—HKGi Project Team Deliverables: • Detailed project schedule and key milestones. • Agenda and meeting summary notes. • Project base mapping. • Community Engagement Guide and community engagement materials. • New plan format template. Task 1—Stillwater Staff Responsibilities: • Coordinate all Comprehensive Plan Advisory Committee, City Council, Parks and Recreation Commission and Planning Commission meetings throughout the project including all meeting announcements, meeting locations, meeting minutes, required printing for meeting packets, and electronic distribution of all review materials. • Provide copies (digital and/or paper) of all relative studies, surveys and other documents that are required to support the planning process. • Provide GIS base information. AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 5 • Coordination of kick-off activities including meeting space and leading the community tour. • Design and establish project website page. • Posting and responses to all usage of social media throughout the project. • Summaries of key input and information from social media throughout the project. TASK 2- UNDERSTAND THE CONTEXT Task 2 is focused on researching, analyzing, and communicating the local and regional context that may affect Stillwater over the planning horizon.This will include a physical analysis of the community as well as a policy analysis. In this task, we will fully review the regional policy plans and Metropolitan System Statement to ensure that we address all requirements of the land planning act. More importantly will be an analysis of the Stillwater community with an eye towards where change may occur or where change should occur. The following key subtasks are included in Task 2. 2.1 Evaluate the Current Plan Preparation of the 2040 Plan is being done as an update to the 2030 Plan. The 2040 Plan will build off of the existing plan and modify sections of the current plan to reflect changes that have occurred and are expected to occur. As part of the effort to understand the aspects of the existing Comprehensive Plan that need to be updated and enhanced, HKGi will collaborate with City Staff to conduct a Comprehensive Plan audit. The audit will explore and summarize the strengths and weaknesses of the current Plan. The purpose of the Comprehensive Plan audit is to: • Understand the characteristics of the Plan that have made it a useful tool. • Determine the elements of the Plan that have not worked as well as expected. • Identify plan elements and policies that continue to be relevant and effective. • Obtain guidance on desired changes to the Plan. 2.2 Evaluate Other Plans and Studies This will include both regional and local policy plans and studies that will affect Stillwater. Included in this task will be an update of existing demographic data and a look at how changing demographics might affect Stillwater. 2.3 Analyze Existing Land Use and Change/Opportunity Areas We will evaluate existing land use using parcel data.We will work with staff to establish key redevelopment indicators and systematically apply those indicators using GIS to identify areas where future change might be likely. 2.4 Prepare Economic/Employment/Market Scan The HKGi team will assemble a general scan of economic, employment and market conditions in Stillwater focusing on major area employers, employment trends and economic trends and forecasts. Market information will be used to help guide land use designations and recommendations for corridor improvements. 2.5 Staff Workshop AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 6 We will conduct one staff workshop in a charrette-like environment. At that workshop we will review initial findings and brainstorm potential redevelopment areas and strategic actions that might be carried forward in the Comprehensive Plan. 2.6 Comprehensive Plan Advisory Committee Meeting Meet with the Advisory Committee to present the outcomes of Task 2 and to receive feedback and direction. Task 2—HKGi Project Team Deliverables: • Background report that documents existing conditions, plan directions, issues, and opportunities. • Maps, text and datasets highlighting change and opportunity areas. • Summaries of the staff workshop. Task 2—Stillwater Staff Responsibilities: • Participation in the evaluation of current plan. TASK 3- EXPLORE THE POSSIBILITIES This step in the planning process builds on the information resulting from the previous tasks. The understanding of what exists and the identification of issues sets directions for the future. In this part of the process, HKGi will work with the City to define options for future growth, development and redevelopment, open space systems and community connectivity. These options will contain the details needed to address the issues and evaluate the implications of each option while exploring land use, housing, economic development; sustainability, active living and open space options and developing supporting plan elements and policy directions. 3.1 Conduct Staff Meeting Meet with Staff to discuss findings from community input and identify focus area directions and opportunities. 3.2 Prepare Preliminary Concept Alternatives and Approaches Building off of what was learned through the process to date, HKGi staff will develop a series of broad system diagrams (city wide) and more refined set of sketches and vignettes for focus areas. These sketches and vignettes will articulate possible directions and applications of the goals and policies as well as best management practices and policies. 3.3 Conduct Full-day Design Workshop/Charrette This workshop/charrette will be with City Staff to refine, evaluate and agree on preferred options emerging from task 3.2. 3.4 Quantify Impacts on 2040 Population, Household, Employment and Development Projections This task will rely on Metropolitan Council population, employment and household projections as a basis.An evaluation of future opportunities for development/redevelopment will provide a check for the projections. AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 7 3.5 Prepare Summary of the Preferred Options for Key Areas of the Community This summary will be prepared in a manner that will serve as content for the updated Comprehensive Plan. Task 3—HKGi Project Team Deliverables: • Agendas and presentation materials and summaries for all meetings. • Facilitation of design workshop/charrette. • Summary of options and preferred direction for focus areas, commercial corridors and key issues. Task 3—Stillwater Staff Responsibilities: • Participation in workshop/charrette. TASK 4- UPDATE THE PLAN ELEMENTS HKGi will use the information gained during the previous tasks to update the various sections of the Comprehensive Plan document. In addition, HKGi will coordinate with other Stillwater Departments to ensure that the updates anticipated for the water resources and historic resources sections of the plan are aligned with the rest of the Comprehensive Plan chapters. The result of Task 4 will be a first draft Comprehensive Plan suitable for review by staff and elected and appointed officials. Subtasks include: 4.1 Prepare Draft#1 of the 2040 Comprehensive Plan HKGi will assemble a first draft version of the sections of the Comprehensive Plan including the following chapters: 1. Community Background The topics addressed in the Community Background chapter will remain unchanged. Information will be updated as appropriate. 2. Land Use Text,graphics and charts in the Land Use chapter will be updated as appropriate. Of the Vacant Sites for Site Analysis identified in the current plan, sites A, C, H, I and J will be dropped from the plan. Sites B, D, E, F and G will be updated. The update for each of these areas will be limited to general growth concepts as were shown in the 2030 Comprehensive Plan. The updated land use plan will discuss the interface of bicycles, pedestrians and vehicles in the downtown area. Specific design recommendations and feasibility analyses of alternatives to address this interface in a detailed manner are beyond this scope of work. 3. Natural Resources The content of the Natural Resources chapter will remain unchanged with the exception that information will be updated as appropriate. 4. Downtown Chapter This chapter of the 2040 Comprehensive Plan was recently completed. It will be incorporated as is within the new Plan document. AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 8 5. Economic Development and Economic Competitiveness The current Economic Development chapter(Chapter 7)will be updated as appropriate and new material will be added to address economic competitiveness. 6. Transportation The content of the Transportation chapter will be updated as appropriate. No additional traffic modelling will be done. 7. Water Resources HKGi will incorporate the work of other consultants. 8. Housing The Housing chapter will be updated to meet the current requirements of the Metropolitan Council. 9. Historic Resources HKGi will incorporate the work of other consultants. 10. Parks and Trails Updates to the Parks and Trails chapter will include recently completed park planning efforts (example:Aipel Property) and the incorporation of the Stillwater Trails Master Plan that was completed in 2015. The update will retain information on existing parks. 11. Community Resources The Community Resources chapter will be updated as appropriate. 12. Resiliency* Resiliency will be addressed on a policy level in the 2040 Comprehensive Plan. 13. Implementation* The Implementation chapter will identify implementation tools and it will address major implementation initiatives. *Consideration will be given to integrating these items into each chapter of the Plan in lieu of establishing separate chapters. 4.2 Review Draft Elements with Staff During Task 4, up to three meetings with City Staff are planned to review draft plan elements prior to assembling the plan for subsequent review. 4.3 Make Revisions to Draft Elements One set of revisions will be made to the draft plan elements based on staff comments. 4.4 Present Plan Sections in Draft Form to the Comprehensive Plan Advisory Committee Task 4 includes up to three study meetings with the Advisory Committee to review the draft document and to provide hands-on feedback. Detailed agendas will be established by HKGi prior to the meetings. 4.5 Prepare Materials for Staff to Present Plan Sections in Draft Form to the Planning Commission Prepare text and graphics needed by Stillwater staff to present the draft plan to the Planning Commission. AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 9 4.6 Present Plan Sections in Draft Form to the City Council Task 4 includes one study meeting with the City Council to review the draft document. Task 4 Deliverables: • Agendas and presentation materials for all review meetings • One digital copy of draft Plan • PowerPoint presentation summary of the draft Plan Task 4—Stillwater Staff Responsibilities: • Review of all draft materials. • Meetings with City Boards and Commissions. TASK 5 -ASSEMBLE THE FINAL PLAN AND SEEK APPROVALS The HKGi team will refine the Stillwater Comprehensive Plan based on input from the community, the staff review, and input from the Comprehensive Plan Advisory Committee, Planning Commission, Park and Recreation Board, and City Council to create a final draft of the document. Subtasks of Task 5 include: 5.1 Assemble Final Draft Comprehensive Plan This task includes a summary presentation and posting of the draft online for public comment. 5.2 Advisory Committee Meeting Present the Plan to the Advisory Committee. 5.3 Planning Commission Public Hearing Participate in Planning Commission Public Hearing.This task will include the presentation of the final draft plan to the Planning Commission. 5.4 City Council Meeting/Public Hearing Conduct City Council Meeting.This task will include the presentation of the final draft plan to the City Council to authorize distribution of the Comprehensive Plan. Task 5—HKGi Project Team Deliverables: • One digital copy of the Final Draft of the Comprehensive Plan and Technical Documentation • Participation in Planning Commission public hearing and City Council meeting/hearing review Task 5—Stillwater Staff Responsibilities: • Meetings with City Boards and Commissions. TASK 6- PREPARE PLAN FOR DISTRIBUTION AND AGENCY APPROVALS The Metropolitan Land Planning Act requires plans to be submitted through a formal process.This task entails fulfilling those requirements. Subtasks include: AttachmentA Final Scope of Work-Stillwater Comprehensive Plan Update October 3,2017 Page 10 6.1 Assemble final Comprehensive Plan, and Appendices Prepare electronic version of final (Draft) Comprehensive Plan. 6.2 Reviews by Adjacent and Affected Jurisdictions Provide materials to City Staff for required review. 6.3 Online Submittal Complete Submittal Forms for Metropolitan Council through online portal. 6.4 Address Comments and Prepare Final Plan The formal review process may result in comments from the Metropolitan Council and adjacent units of government. HKGi will work with staff to prepare required responses to those comments and make one set of revisions based on agency comments. Task 6—HKGi Project Team Deliverables: • Final Comprehensive Plan and Appendices in electronic form for subsequent printing by the City. • Complete Submittal Forms for use by City Staff in submitting the Plan through on-line portal for Metropolitan Council review. • All project files in digital form. Task 6—Stillwater Staff Responsibilities: • Submission of Comprehensive Plan draft and any supporting materials to adjacent and affected jurisdictions for review. • Submittal of the updated Comprehensive Plan through the on-line portal for Metropolitan Council review. ATTACHMENT B HOISINGTON KOEGLER GROUP INC. 2017-2018 HOURLY RATES Principal.......................................................$170-225/hr Associate.....................................................$115-165/hr Senior Professional.......................................$90-165/hr Professional II................................................$80-105/hr Professional I..................................................$50-85/hr Technical .........................................................$40-65/hr Secretarial ............................................................$60/hr Litigation Services ..............................................$200/hr Testimony...........................................................$285/hr Incidental Expenses: Mileage....................................current federal rate/mile Photocopying BW.............................................15C/page Photocopying Color.......................................$1.00/page Outside Printing ............................................Actual Cost Large Format Scanning..................................Actual Cost B/W Bond Plots..............................................$5.00 each Color Bond Plots...........................................$20.00 each Photo Paper Color Plots...............................$40.00 each �-. ater r" "."'t* M I N Fd U. 0 Y A CITY COUNCIL MEETING DATE: October 3rd, 2017 REGARDING: 2017 Minnesota Historical Society Certified Local Government grant for the Comprehensive Plan Historic Resources Chapter update PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND Throughout 2016, the HPC participated in an education series focused on the introduction, organization,and function of the HPC,private property owner requests,public benefit programs the Stillwater HPC has been involved in to date,as well as past preservation planning efforts. Included for review was the notation of the 1993 Vogel report focusing on a comprehensive strategy for historic preservation in Stillwater. This plan outlined numerous historic context statements and 18 Heritage Preservation Planning Areas, setting the stage for future designations within the community. The content of this document set forth the framework for preservation planning within the community,marking a turning point in preservation in Stillwater. This stand-alone pian helped demonstrate the City's commitment to preservation in the future. As stand-alone preservation pians are driven by survey and do not inherently look at a citywide comprehensive planning approach,many communities are turning away from traditional preservation planning endeavors, seeking to incorporate preservation planning into the everyday planning and development policies and actions. This has been the case with the City of Stillwater. The most significant action the City has taken to integrate preservation planning into the everyday planning arena has been through the 2030 Comprehensive Plan's Chapter 5, Historic Resources. PRSERVATION PLANNING 2017 With the adoption of the 2030 Comprehensive Plan,the City incorporated preservation,and the planning for future preservation,into the front lines of local public policy. The adoption of this chapter helps maintain continuity throughout the organization,even when the key players (including,but not limited to, staff,HPC members, and elected officials) change over the course of years. As the City must update the 2030 Comprehensive Plan,the HPC intends to update the Plan's Chapter 5: Historic Resources in concurrence with the full plan update, a preservation-specific citizen advisory committee, and a private consultant whose focus is exclusively on preservation plan development. In addition to the value of preservation and past preservation efforts,the chapter will address issues with local preservation,the conflicts with the current planning policies,public perceptions, outreach and partnerships,incentive options, as well as capital improvements (i.e. preservation of publicly owned resources). A tentative outline is attached. To fund the Historic Resources chapter update,the HPC has applied for two grants from the Minnesota Historical Society. One of the grants,in the amount of$14,125 from Certified Local Government funding,has been awarded and is for Council consideration of acceptance with the adoption of the attached Resolution. The other grant request is in the amount of$12,125 from the Minnesota Historical and Cultural Heritage grant program(otherwise known as"Legacy" funds). If both grants are awarded,it is estimated the total project cost will be approximately $35,000 with significant in-kind contributions. If both grants are not awarded,the HPC will scale back its Scope of Work. COUNCIL ACTION Staff recommends the Council move to approve the 2017 Minnesota Historical Society Certified Local Government grant for the Comprehensive Plan Historic Resources Chapter update. I'i y,cI(if 2 STILLWATER 2040 COMPREHENSIVE PLAN HISTORIC RESOURCES(2040 CP HR) CHAPTER CONTENTS AND TENTATIVE OUTLINE The following outline has been developed to illustrate desirable contents of the 2040 Comprehensive Plan Historic Resources chapter. It is not intended to be binding. The final chapter outline may significantly vary from this outline. 1) INTRODUCTION' a) Purpose i) Defining Preservation and "Historic" ii) Public Values: Economical and Cultural b) Background i) History of Stillwater Planning ii) Past Preservation Planning Efforts and Issues iii) Integration with Comprehensive Planning 2) CONTEXT' a) Overview of Stillwater History b) Stillwater Today c) Current Issues d) Emerging Trends and Threats e) Public Perception of Preservation 3) ANALYSIS OF CURRENT TOOLS AND CONDITIONS' a) Existing Resources i) Methodology for Identification and Designation ii) Limitations iii) Content, Findings and Recommendation iv) Accessibility b) Laws and Policies i) Existing Ordinance (a) General Comparison to Others & Effectiveness c) Public Resource Management and Capital Improvement Program d) Current Programs e) Incentive Options 4) PRESERVATION PRIORITIES AND STRATEGIES4 a) To Be Determined i) Strategy Goals and Objectives 5) ASSOCIATED PROGRAM TIMELINE ' Portions of the Introduction may be most applicable in an Appendix to the 2040 CP FIR chapter. ' Portions of the Context chapter may be incorporated into the Introduction chapter;see footnote one. 3 Portions of the Analysis of Current Tools and Conditions may be incorporated into the Introduction chapter;see footnote one. 4 This chapter may either be a single chapter,outlining all strategies(and the respective goals and objectives),or it will be a series of independent chapters. This is the most significant content of the 2040 CP FIR and it is anticipated this chapter(or series)will be quite lengthy. APPROVING THE CERTIFIED LOCAL GOVERNMENT GRANT ACCEPTANCE FORM FROM THE MINNESOTA HISTORICAL SOCIETY WHEREAS,the Metropolitan Council requires the City of Stillwater to update its Comprehensive Plan every ten years; and WHEREAS,the City of Stillwater is in the process of updating the 2030 Comprehensive Plan; and WHEREAS,the 2030 Stillwater Comprehensive Plan Chapter Five focuses on Historic Resources; and WHEREAS,the Stillwater Heritage Preservation Commission intends to update 2030 Stillwater Comprehensive Plan Historic Resources Chapter, addressing historic and cultural resources; and WHEREAS,the Stillwater Heritage Preservation Commission has been awarded a $14,125 Certified Local Government grant from the Minnesota Historical Society to help offset the costs associated with the update of the 2030 Comprehensive Plan Historic Resources Chapter. 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 Comprehensive Plan Historic Resources Chapter update, 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 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk et' ( 4 1 ' "I,, HE 9. P9 I H C H P I A a P 0 b M f 014 N V_ ti', 0 1 A MEMORANDUM TO: Mayor and City Council S�. FROM: Shawn Sanders, Public Works Director/ City Engineer DATE: September 28, 2017 SUBJECT: Lowell Park Pedestrian Lighting Project Background Public Works Staff received bids for the Lowell Park Pedestrian Lighting Project that will install 13— 15' tall LED Acorn Style Pedestrian lights along the levee walk in North Lowell Park from just north of the Gazebo to the paved circle at Mullberry Point. Additionally the bid includes converting the 8 lights at the Pedestrian Plaza to LED.Taylor Electric Company, LLC from Big Lake MN was the low bid at$83,800.00. Taylor Electric has performed work on Washington County Projects and has good references. Recommendation Staff recommends approval of Taylor Electric Company, LLC for the Lowell Park Pedestrian Lighting Project and Conversion of the 8 lights at the pedestrian Plaza for$83,800.00. Funds will come from Parks Capital Outlay. MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: September 29, 2017 Re: Triangle Park Step Replacement DISCUSSION Public Works staff received bids to replace the steps at Triangle Park. George Siegfried Construction was low bid at $57,726.00. The work will include replacement of the concrete steps, railing and drainage control along the north side of steps. George Siegfried Construction is qualifies for this project and has performed well on past city projects. RECOMMENDATION Staff recommends approval of George Siegfried Construction for the Triangle Park Step Replacement for$57,726.00. Funds will come from Parks Capital Outlay. RESOLUTION 2017- APPROVAL OF DEVELOPMENT AGREEMENT RELATING TO THE LAKES OF STILLWATER PROJECT BE IT RESOLVED, by the City Council of Stillwater,Minnesota that the development agreement between the ILHC of Stillwater, LLC. and City of Stillwater for the development relating to The Lakes of Stillwater, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED,that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 3rd day of October, 2017. a Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk_. ....._....._........._. l DEVELOPMENT AGREEMENT RELATING TO THE THE LADES AT STILLWATER PROJECT Y AN" BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND ILHC OF STILLWATER, LLC, a Delaware Limited Liability Company. This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater,MN 55082 (651) 439-9464 telephone (651) 439-5641 fax k DEVELOPMENT AGREEMENT RELATING TO THE LAKES AT STILLWATER PROJECT BY AND BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, AND ILHC OF STILLWATER, LLC THIS AGREEMENT, made this day of 2017, between the City of Stillwater, a political subdivision of the State of Minnesota, (the "City"), and ILHC OF STILLWATER, LLC, a Delaware limited liability company (the "Developer"); WITNESSETH THAT,the parties hereto recite and agree as follows: SECTION 1. RECITALS. 1.01 The Property. The Developer owns the property located within the LR Lakeshore Residential Zoning District in the City of Stillwater, Washington County, Minnesota, described in Exhibit "A" attached hereto (the"Property"). (A) Developer will apply for Permits as necessary from time to time to facilitate the construction of a 239-unit senior living community on the Property (the "Project"). This Agreement and the rights described in this Agreement are contingent upon City approval of all needed approvals and building permits. (B) The approvals are summarized as follows: a Concept planned unit Development approval for an aggregate 245 senior living units and an expansion of Grace Baptist Church. Six senior living units on the Meisterling property and the expansion of Grace Baptist Church (the "Non-Developer Projects") are not under the control of Developer and are not part of Developer's Project or on Developer's Property, but are included in the PUD. b. Final planned unit development approval of Phase 1, Phase 11 and Phase 111, as detailed in exhibit G, of Developer (excludes the Non- Developer Projects). C. A Special Use Permit for a senior living facility in the LR Zoning District. d. Preliminary plat approval for Lakes at Stillwater (16 lots and 3 out lots). e. Final plat approval for Lakes at Stillwater (7 lots and 5 out lots). 1.02 Developer Public and Private Improvements. (A) The City requires that the Project connect to the existing municipal sanitary sewer and water service. (B) The City is willing to allow the Developer to construct and install the Developer Public Improvements. A description of the Developer Public Improvements and estimate of costs are attached as Exhibit "B" (the "Public Improvements"). The plans and specifications for these improvements must be approved by the City's Engineer. (C) The Developer Private Improvements will be designed and constructed in accordance with approved development plans.The Developer Private Improvements are generally described in the attached Exhibit"C". (D) "Construction Plans" means the construction plans and related schedules for the Private Improvements that bear the stamp of approval of the City Building Official. 1.03 Public Improvements, Warranty. The Developer agrees that the Public Improvements will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work done pursuant to this contract is subject to the inspection and approval of the City Engineer,who is vested with authority to suspend or stop work on the Project if any condition of this contract is breached or any law or administrative rule is violated. SECTION 2. DEVELOPER'S REPRESENTATIONS. The Developer represents to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01 No Disability. The Developer is, or will be, the fee owner of the Property and knows of no legal disability that would prevent them from carrying out this Agreement. 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Litigation. There are no pending or,to the knowledge of the Developer,threatened actions or proceedings before any court or administrative agency, except for an action that may be brought to register the title to the Property,which could reasonably be expected to materially and adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement. 2.04 Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of the Zoning District; and comply with any applicable requirements of the Brown's Creek Watershed District, and all requests and conditions of approval set forth in PUD and SUP approvals set forth in Resolution 2017-094 adopted May 17, 2017, which Resolution is adopted by reference and made a part of this Agreement as if set forth verbatim. 2.05 Legal Entity,,The Developer warrants that the legal entity that will hold title to the property is not an entity that has applied to be exempt from the payment of real estate taxes, nor does it intend to do so at this time, and that if the owner receives an exemption from the payment of real estate taxes,the then owner will pay to the City annual payments in lieu of taxes in an amount not to exceed the amount of real estate taxes which the City would have levied against the parcel had it remained under the ownership of a non-exempt organization. Further, 2 Developer must execute the PILOT Agreement attached as Exhibit "D" contemporaneously with the signing of this Agreement. SECTION 3. IMPROVEMENT SCHEDULE. The Developer will install the Developer Public Improvements and Private Improvements (together, the "Improvements") according to a schedule approved by the City Engineer and the standards set forth in this section. 3.01 Work Schedule. Approval of the Improvements work schedule by the City Engineer will be required before construction begins. In the event that the Developer fails to complete any element of the Improvements according to the completion schedule, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to Section 5 of this Agreement for the costs associated with completion of the work referred in this Section. SECTION 4. COST RECOVERY• DEVELOPER PUBLIC IMPROVEMENTS. 4.01 Developer Public ImUroyements. Payment of the costs of the Public Improvements must be made by the Developer within ninety(90) days of being invoiced by the Developer's contractor,unless amounts are withheld by the Developer because of a Bona Fide dispute with the contractor and notice of this dispute is provided to the City. In the event that the Developer fails to make such payment, or fails to complete any element of the Improvements according to the completion schedule,the City, at its option, will upon sixty (60) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to Section 5 of this Agreement for the costs associated with payment of the costs of Public Improvements, or completion of the work referred in this Section, provided, however, that if the City Engineer has not verbally accepted all or pail of the Public Improvements,the Developer is entitled to retain 10% of the amount due a contractor until the Public Improvements have been accepted. It is required that the Developer have an Inspector on site from time to time. SECTION 5. SECURITY. 5.01 Consultant Fees and Charges. The Developer must pay to the City, within thirty (30) days of being invoiced, as reimbursement for reasonable consultant fees incurred by the City on behalf of or at the request of the Developer, including amounts unpaid associated with Planning Case No. 2017-08.The costs of engineering,legal and testing services,must be paid, including the costs of oversight and inspection of grading, erosion control, dewatering, utility work and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection for one(1)year beyond the acceptance of the completed work. In the event that the Developer fails to make payment, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to Section 5 of this Agreement for the amount of the delinquent payment. 3 5.02 Payment of Connection. Area and HL)Qtc-u12 Charges and Paj-k Payment in Lien of Charges. Developer must pay the following Phase I charges to the City before releasing the final plat for recording: (A) PHASE I Units/Acres Rate Total ...................-- Park Fees The Lodge, Independent Living 59 Units $750 $44,250 The Cottages, Independent Living 8 Units $750 $6,000 The Lodge, Assisted Living 32 Units -0- -0- Trail Fees The Lodge, Independent Living 59 Units $500 $29,500 The Cottages, Independent Living 8 Units $500 $4,000 The Lodge, Assisted Living 32 Units $125 $4,000 Trout Streams Mitigation Fee - Multi Family 6.92 Acres $11,822 $81,808 Mitigation Fee- Single Family 6.28 Acres $5,91.2 $37,127 Transportation Adequacy Fee 13.20 Acres $8,120 $107,184 Trunk Sewer & Water Fee 13.20 Acres $14,604 $192,773 SUBTOTAL $506,642 Credit Credit for Trail & Park Fees paid by ($87,750) Developer as Public Improvements TOTAL $418,892 (B) Fees associated with Phase 11 will be due before a building permit may be issued for development for this Phase PHASEH Park Fee Villa, Independent Living 22 Units $750 $16,500 ..................... .......................... .....................................-.......................... Trail Fee Villa, Independent Living 22 Units $500 $11,000 ............ Trout Stream 4.64 Acres $5,912 $27,432 ...................... Transportation Adequacy Fee 4.64 Acres $8,120 $37,677 ........... 4 Trunk Sewer & Water Fee 4.64 Acres $14,604 $67,762 SUBTOTAL $160,371 Credit Credit for Trail & Park Fees paid by ($27,500) Developer as Public Improvements TOTAL $132,871 (C Fees associated with Phase III will be due before a building permit may be issued for development of this Phase. PHASE III Park Fee Sandhill Shores, Independent Living 70 Units $750 $52,500 Trail Fee Sandhill Shores, Independent Living 70 Units $500 $35,000 Trout Stream 2.72 Acres $11,822 $32,156 Transportation Adequacy Fee 2.72 Acres $8,120 $22,086 Trunk Sewer & Water Fee 2.72 Acres $14,604 $39,723 SUBTOTAL $181,465 Credit Credit for Trail & Park Fees paid by ($87,500)$ Developer as Public Improvements TOTAL $93,965 5.03 Security for Cost of Developer Public Improvements. To ensure compliance with the terms of this Agreement, and construction of all Public Improvements, the payment of all reasonable consultant fees and charges for the Public Improvements identified on Exhibit B, the Developer agrees to deliver to the City prior to release of the final plat for recording, a letter of credit in the amount of$100,000 and a surety bond in the amount of$953,707.60 (collectively,the"Surety Bond")representing the amount of the Public Improvement costs, plus 10%. The Surety Bond must be in a form acceptable to the City Attorney and must allow the City to draw upon the instrument, in whole or in part,in order to complete construction of the Public Improvements, or to satisfy the claims of contractors and suppliers that have not been satisfied by the Developer, or to pay to the City amounts needed to reimburse the City for consultation fees and charges due the City pursuant to §5.01. The amount of the Surety Bond shall be immediately reduced by the applicable estimated cost of the Public Improvement item accepted as complete by the City Engineer. Upon completion of all Public Improvements,the Surety Bond will no longer be required. 5 SL�,CMQN 6. CONSTRUCTIQN OF DEVELOPER PRIYATEIMPROYEMENTS 6.01 Construction of Private Improvements. (A) The Developer agrees that it will construct the Private Improvements on the Property in accordance with the approved Construction Plans and preserve and keep the Private Improvements or cause the Private Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. (B) Upon the issuance of Certificates of Completion for construction of the Private Improvements, the obligation of maintenance will be assumed by the owners. Maintenance obligations for the Public Improvements within the Public Street right- of-way, Public easements and Public trail will remain with the City. 6.02 Construction Plans, !Chang—els. If the Developer desires to make any material change in the Construction Plans, the Developer must submit the proposed change to the City for its approval. The request must be filed with the Zoning Administrator. Minor modifications and modifications that do not change the exterior or the size of any structures may be approved by the Zoning Administrator. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Developer in writing of its approval. 6.03 Certificate of Completion. Promptly after completion of the Private Improvements in accordance with the Construction Phasing Plans, the City will furnish the Developer with Certificate of Completion as Phases are completed in the form attached as Exhibit'"E". The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Developer, to construct the Private Improvements or the dates for the beginning and completion thereof. 6.04 indemnity. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Private Improvements by Developer, its agents or assigns. SECTION DEVELOPER'S GENERAL PROJECT RL,,'SPQNSIBILITY. 7.01 Easements. The Developer must convey to the City (or the other applicable parties) all necessary permanent easements listed on Exhibit"F" over property owned or controlled by them as designated in the plans and specifications deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. 6 7.02 Erosion Control Measures During Construction. Developer agrees that they will construct erosion control devices in conformance with the approved Construction Plans for the Developer Improvements. The Developer retains the right and flexibility during construction of the Developer Public and Private Improvements, to modify the erosion control plan and its related devices, if needed to protect the Property from extraordinary rainfall or upstream drainage. 7.03 01y Regulations. Developer acknowledges that the Property is regulated by the City and that a default Linder City ordinances or conditions of approval of any permit is a default as defined in this agreement, including thefollowing conditions: (A) Compliance with the Storm Water Management Plan by the City Engineer. (B) A grading and erosion control plan must be prepared and approved by the City Engineer. (C) If required by law, a National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained from the MPCA before grading begins. (D) Compliance with any applicable and reasonable mitigation measures required by the Brown's Creek Watershed District. (E) The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project. (F) Compliance with conditions of approval of the Washington County Department of Transportation with regard to access to County Road 12. (G) Payment of any fees or charges normally due at the time Of issuance of any building permits. (H) All conditions included in Resolution No. 2017-94. (1) The Developer is responsible for snow removal on the public trail between County Rd. 12 and 72"d Street. 7.04 Grading Plan. Prior to the commencement of construction of each Phase of Improvements, the Developer at its expense must complete the grading of the applicable parcels affected by the phased construction plan, including the building sites, storm water holding ponds, surface drainage ways, private driveways, private streets, and other areas that will be disturbed as part of the construction of any improvements. This grading must be done in accordance with an approved grading plan and conditions of the Brown's Creek Watershed District either prepared by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions, and cross sections. No site grading is permitted unless security is provided to the City for this work in the form of a deposit letter or other surety of.'credit as described in Section 5. 7 7.05 Damage to Cily. Coun1y or State Facilities. The Developer will be responsible for any damage caused by Developer or any party performing work at Developer's direction in connection with the Project to any City, County or State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, its contractors, agents or employees, and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action to repair or clean up the damage;provided the Developer will be given prior notice and an opportunity cure any such damage. 7.06 LandscaDiUff. The Developer agrees to install street landscaping within the Project, according to the approved plans. All landscaping must be hardy, non-invasive species appropriate for Minnesota. All landscaping materials must be maintained and replaced if they die within the applicable warranty period provided by the vendor. 7.07 Street Lights. The Developer will furnish a street lighting system for the development according to the design and specifications of the City Engineer as required by the electric utility company. The street lighting system may be owned, constructed and operated by the electric utility company serving the project area and in this event the City and the utility company must enter into a contractual agreement on the rate and maintenance of the street lighting system. In the alternative, the street lighting system.must be dedicated to the City upon acceptance of the system as complete by the City Engineer. 7.08 Dedication and Maintenance of Storm Water Controls Features. Upon completion of the construction of any storm water control features and upon acceptance of the work by the City Engineer, The Developer shall provide to the City Engineer a storm water maintenance plan obligating the Developer and future owners to the continued maintenance of the storm.water control.features, swales and ditches, infiltration basin and forebay basin. The City shall maintain all components in the public street right-of-way. 7.09 Engineering Data. The Developer, through their Engineer, must provide all staking, surveying and other information required by the City Engineer in order to insure that the complete improvements conform to the approved plans and specifications. 7.10 As Built Plan. Within sixty (60) days after completion of construction, Developer through their contractor or engineer,must prepare and file with the City a full set of"as built"plans, including a mylar original and electronic drawings showing the installation of improvements and the location of service laterals within the plat. Failure to file the "as built" plans as required by this section will be grounds for the City to suspend the issuance of building permits and certificates of occupancy within the plat until this condition is fulfilled. SECTION 8. INSURANCE. 8.01 Insurance. Developer and its contractors will. provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (A) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than the maximum liability limit for municipalities as established by Minn. Stat. §466.04, in effect at the time of an occurrence, for each occurrence (to accomplish the above-required limits, all umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of itsinterest. (B) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of the maximum liability limit for municipalities as established by Minn. Stat. §466.04, in effect at the time of an Occurrence, and shall be endorsed to show the City as an additional insured to the extent of interest. (C) Workers' Compensation insurance covering all employees in amounts not less than the minimum required by statute. SECTION 9. INDEMNIFICATION. 9.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, its employees and agents, in connection with the Public Improvements. 9.02 Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means in accordance with the terms hereof. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all direct darnages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. SECTION10. EVLi NTS OF QEFAJ1L'.[. 1.0.01 ftgnts of L)4J:g1x It Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, any one or more of the following events: (A) Failure by Developer to commence and complete construction of the Developer Improvements pursuant to the terms, conditions and limitations of this Agreement. 9 (B) Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed tinder this Agreement. (C) In each event, Developer will be afforded sixty (60) days after receipt of written notice to cure the violation and avoid a default. 10.02 Remedies on Default. Whenever any Event of Default occurs, following any applicable cure periods, the City may take any one or more of the following actions: (A) Suspend work on the Project and building permits or certificates Of Occupancy on private development until it receives evidence, deemed adequate by the City, that the Developer has cured a default. (B) 'Fake action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or tinder the Security described in Section 5. (C) Undertake to complete the Developer Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in Section 5 for the full arnount ofthe estimated work. In no event shall Developer be liable for consequential, indirect, exemplary, punitive, or incidental damages, including, without limitation, lost revenue or lost profits, however arising. SECTION 11. Aj2MINjSTRAj1Y-EPRQY1SjQNS, 1.1.01 Notices. All Notices, certificates or other communications required to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: J. Thomas McCarty, City Administrator City of Stillwater 21.6 North 4th Street Stillwater, MN 55082 If to Developer: ILFIC of Stillwater, LLC c/o The Goodman Group, LLC 1107 Hazeltine Blvd. #200 Chaska, MN 55318 Attn: President With a copy to : Henson &Efron, P.A. 220 S Sixth St, Suite 1800 10 Minneapolis, MN 55402 Attn: Jennie A. Clarke The City and the Developer, by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. SECTION 12. AL)L)ITIONAL PROVISIONS. 12.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 12.02 Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the sameinstrument. 12.03 Modification. If Developer is requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend Or Supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 12.04 Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State ofMinnesota. 12.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. 12.06 Force Maieure.Neither party shall be liable to the other, and the time for performance shall be extended, for any delay or failure to perform, which delay or failure is due to causes or circumstances beyond its reasonable control and without its fault or negligence, including but not limited to acts of civil or military authority,national emergencies,general labor strikes,fire, flood or catastrophe,acts of God, insurrection,war,riots or failure of transportation or a general and/or city-wide power failure. A party affected by a force majeure event shall use reasonable efforts to mitigate its effect and resume performance as soon as reasonably practicable under the circumstances. 12.07 Waiver. In no event shall either party be liable to the other for consequential, indirect, exemplary, punitive, or incidental damages, including, without limitation, lost data or lost profits, however arising, even if it has been advised of a possibility of such damage SECTION 1.3. TERMINATION OF A—GLZEKNIENT. 13.01 Termination. This Agreement will terminate at the time all of the Developer's obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later, IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this day of 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public 12 DEVELOPER: ILHC OF STILLWATER, LLC, a Delaware 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 -.,to me personally known, who, being duly sworn, was the duly authorized agent for ILHC OF STII-.LWATER, LLC, a Delaware limited liability company, the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer, Notary Public 13 EXHIBIT A Mov 7660 Y.� 7640 f 7620 �� 5 { . -12530 12525 —721 SI NITS i � j r w : i ND � J ._ 126"3 ('! 3i�~ `pi3 �1 1 ffp12 i , i:7 I, N, ,y 4 L =' ,I ..✓" -7v.'M t 7's 65 ...._ .».,., �, ,...,,_,,....._..f «' 4�li 44.'.-ry''' 1 t t. w,/''�.4 _ 4 � R fm r<a a ( r k kylfx kg�w "fiGn�Jr C r1 s� "� W s 'a i 1 1 J C ` �t * # 1 2r'. c�w��;f2 F :u' ,t r, i..k<ti t.,✓^Y' �f ,t s 7+q� '��Y `4� :f 4 flzi �.I sjw 'rw{'+a fFp ,i.,�y�qe , r ..f2,{^ � �� '., xwb ,k' ;_., Y` , 4 + i k ^trp,rta ,,.}�,'>Sf 'Gsw `. •".. ` asr. r 1�3saY'. CC;?" r dY.Mf "��' ki��.�j✓",r. "t�� �., x a+�a�,y"`Sfi F'IY'*"�ew:�"rR4�"r���a'4 ,�. .� of >" �+�, ci,€� ' x�T�" ' �, � 2KxSt `A j�',q� E.. t 4�'•., it:. Ti ACX .`+� ' n J:� }.:J ,isri�ii+F m r.Y RK1iC y Vij �"W'r _.. ]a 39 k 1 ICC N T lv= k � �€° a'ta}t fix . ? ""� f tk f 1 4E arz' .tr&`: 't!,,,bt' I Vis,:{ ! '�' 'w.}: .. @[ rug- 'a [ f-4 t4#J y� Vp -« .,VX yh ,•tekYxy 21..13.— pt�} ,,.r✓+..ssp {'- � t2j �:..v} I,: EXHIBIT B PUBLIC IMPROVEMENTS The Developer must construct a pedestrian and bike trail as shown on the plans, and convey an easement to the City over and across the trail once constructed; provide the section of the trail extending to 72nd Street from the "End Pavement" notation on Attachment B-1 is not to be constructed until directed by the City. The pavement for the trail segment lies east and south of the cul-de-sac will not be paved until the final lift of bituminous is placed on the public street (72nd Street) or the receipt of the certificate of occupancy for Phase 1, whichever is sooner. The costs of these trail improvements, as verified by the City Engineer, shall be credited against the park and trail dedication charges required by the City. A public trail on 72nd Street east toward Northland Avenue will be the City's responsibility to design and construct. The Developer agrees to work with the City to provide trail easement to accommodate the 72nd Street trail and its construction. Municipal water must be extended from County Road 12 to the new building. Sewer must be extended from the manhole in a neighboring lot in Liberty on the Lake. Any sewer or water mains outside of public right-of-way will not be accepted by the City and will remain private. The Developer must construct storm water pond with capacity to manage surface water from the senior care. All electrical and communication utility lines must be buried. No trees are allowed in the boulevard. The costs of the Public Improvements are attached as Attachment B-2. EXHIBIT 13-1 PUBLIC TRAIL PHASING PLAN C m" � l IN I 1 rl I f r 7 I I A ! r /�,,� '�"� f"'��,,w+...,r'�•�•'�'��� r r rYf ""'�+. ""*w+ i I ., .� ...E � l v i � yy1p t 4 � `i1 ' 4fhE �� litiOpVIpP+YI°Y I . �z o ..... i ell1�1 EXHIBIT B-2 PUBLIC IMPROVEMENTS COST DETAIL Description and Cost Earthwork$65,000 Site Utilities $450,000 Concrete Curb an Gutter$51,140 Concrete Sidewalks $63,2$1 Bituminous Paving$136,085 Bituminous Walking Paths $25,382 Landscaping$35,000 Street Lighting$33,000 General Condition Allocation$51,533 General Liability Insurance Allocation$10,652 OH&P Allocation $36,843 Total $957,916 EXHIBIT C PRIVATE IMPROVEMENTS The Developer is constructing the following private improvements as more specifically identified in the plans, including Exhibit G: The Lodge, which will consist of(59) Independent Living Units, (32) Assisted Living Units, (32) Memory Care Assisted Living Units and (16) Care Suites Birchi,vood Landing, which will consist of 30 duplex style single story cottages plus community room ,S'andhill,S'hores, which is a 70 Unit - 55+ Active Adult C0111111LInity for independent living EXHIBIT D AGREEMENT THIS AGREEMENT is entered into this day of 2017,by and between ILHC OF STILLWATER, LLC, a Delaware limited liability company ("ILHC") and the CITY OF STILLWATER (the "City"). WHEREAS, the City has agreed to rezone property and permit ILHC to construct both public and private improvements necessary to construct a senior facility in the City on the property described in Exhibit "A" (the"Facility"); WHEREAS,11.11C, in recognition of the City's approvals,agrees to make certain payments in lieu of taxes to the City if the Facility ever becomes exempt from real property taxes; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION 1. PAYMENTS IN LIEU OF TAXES. In the event that the Facility ever becomes exempt from real property taxes, the owner of the Facility at that time (the "Owner") must pay to the City annual payments in lieu of taxes in an amount not to exceed the amount of real property taxes which the City would have assessed against the Facility had it remained under the ownership of a non-exempt organization. SECTION 2. PROCEDURE. In that event,the City will cause the Facility to be valued initially in the month of December of each year and periodically on the same basis and in the same manner as taxable property in the City is appraised for tax purposes. The City will provide the Owner written notice of the value so determined. The City will annually calculate the amount which would be payable to the City as property taxes with respect to the Facility and will, on or before March 31 in each year,provide the Owner written notice of the amount so calculated. The Owner agrees to pay the City each year, the amount so calculated as payment in lieu of taxes ("PILOT"). The PILOT shall be due and payable on the same dates in each year as real estate taxes are due and payable under laws of the State of Minnesota, but shall be paid by the Owner directly to the City. Any portion of the PILOT not paid when due shall bear interest at the same rate, calculated in the same manner, as delinquent property taxes under the laws of the State ofMin.nesola. SECTION 3. REIMBURSEMENT. The City acknowledges that the Owner may seek reimbursement from federal and state agencies for part or all of the PILOT. The City agrees to cooperate fully with the Owner, without expense to the City,in the efforts of the Owner to apply for and collect the reimbursement. SEC,JLION 4. TERM. This Agreement will continue in effect for the life of the Facility and is and will be binding on the successors, assigns and transferees of the Owner. SECTION 5. GOVERNING LAW. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. SECTION 6. CHANGE IN OWNERSHIP. ILHC must provide written notice to the City of the closing of a sale of the property to another owner within 30 days of the closing. The notice must provide the name and address of the new owner and whether the new owner is or intends to become an entity that is exempt from real property taxes. Thereafter,the obligation to provide this notice to the City will also be the obligation of any future Owner. SECTION 7. NOTICES. All notices, reports or other communications relating to this Agreement,must be sent to the parties at the following addresses, unless otherwise provided by one party to the other party in writing: If to ILHC: ILHC OF STILLWATER, LLC c/o The Goodman Group, LLC 1107 Hazeltine Blvd. #200 Chaska, MN 55318 Attn: President If to the City: City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attention: J. Thomas McCarty IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the day and year first written above. CITY OF STILLWATER B J. Thomas McCarty Its City Administrator ILHC OF STILLWATER, LLC, a Delaware limited liability company By Its EXHIBIT E LA ORM OF. CERTIFICATE OF CO1%4PLETION WHEREAS, the CITY OF STILLWATER, Minnesota, a municipal corporation (the "City"), entered into a certain Development Agreement ("Agreement") with ILHC OF STILLWATER, LLC, a Delaware limited liability company (the "Developer"), dated as of 1 2017, (the "Agreement") and recorded in the Office of the County Recorder in and for the County of Washington and State of Minnesota, as Document Number_, which provided for the Development of the following land described in Exhibit A in the County of Washington and the State of Minnesota, (the"Property"). NOW THEREFORE', this is to certify that all building construction and other physical improvements specified to be done and made by the Developer has been completed in accordance with the Agreement, all lawful Codes Laws,Rules and Ordinances now in effect. Dated this day of 20—.. CITY OF STILLWATER , Its Mayor ATTEST: Its City Clerk STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this — day of 20___, before me, a Notary Public within and for said County, appeared------—and 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 EXHIBIT F LIST OF EASEMENTS 1. Declaration of Trail Easement, in the form attached as Attachment F-1. 2. Conservation Easement, in the form attached as Attachment F-2. 3. Cross Parking and Access Easement between Grace Baptist Church of Stillwater and Developer, in the form attached as Attachment F-3. 4. Firelane Easement, in the form attached as Attachment F-4. A Space Above Line For Recorder's Use DECLARATION OF TRAIL EASEMENT THIS DECLARATION is made as of this day of September, 2017, by ILHC of Stillwater, LLC, a Delaware limited liability company ("Grantor"), for the benefit of the City of Stillwater, a Minnesota municipal corporation("Grantee"), WHEREAS, the Grantor is the fee owner of the parcels of land situated in the City of Stillwater, Washington County,Minnesota and legally described on Exhibit A attached hereto (the"Property; WHEREAS, the Grantor has received approval from the Grantee for a Planned Unit Development on the Property for a senior living community (the "Project"); WHEREAS,the Grantor and the Grantee have entered into a Development Agreement, dated as of_, 2017 in connection with the Project (the "Development Agreement"); and WHEREAS,the Development Agreement contemplates that the Grantor will construct and maintain certain dedicated trails (the "Trails") on the Property, as legally described on Exhibit B (the "Trail Easement Area"); NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, the Grantor, as fee owner of the Trail Easement Area, hereby creates and grants to the Grantee a non-exclusive perpetual easement for the use of the Trail Easement Area under the conditions and covenants herein contained (the "Trail Easement"). 1. Incorporation of Recitals. The recitals are hereby incorporated into and made a part of this Declaration by reference. 2, Purpose. To provide for the rights of use ofthe Trails upon construction thereof by the Grantor in accordance with the terms and conditions of the Development Agreement, 3. Permitted Trail Uses. The Trails may be used as a right-of-way for (i) ingress and egress to and from the Property; (ii) walking, hiking,jogging or bicycling; and (iii) power-driven mobility devices Por use by persons who have mobility impairments. Any other use requires the Grantor's prior consent, including, without limitation, recreational vehicular use such as snowmobiling; horseback riding; events such as "tuns" or competitive races; programmatic use by schools, clubs or other groups; or any use of any Trails for purposes other than as a right-of-way for passage over the Property such as picnicking or other stationary activities. 4. Maintenance and Repair. In accordance with the Development Agreement, maintenance obligations for the Trails remains with the City. Grantor shall have the right, but not the obligation, to maintain and repair the Trails in its discretion, after notice to the City of its intention to do so. Grantor will be responsible for snow removal from paved trails, but reserves the right to close access to certain trails due to winter conditions. S. Public Enters at Own Risk. Use of any portion of the Trails and the Trail Easement Area by members of the general public is at their own risk. Neither Grantor nor Grantee by entering into this Declaration assumes any duty to or for the benefit of the general public for defects in the location, design, installation, maintenance or repair of the Trails; for any unsafe conditions within the Trail Easement Area; or for the failure to inspect for or warn against possibly unsafe conditions; or to close the Trails to public access when unsafe conditions may be present. 6. Limitation on Dedication. Nothing contained in this Declaration will be deemed to constitute a gift, grant or dedication of any portion of the Trail Easement Area to the general public or for any public purpose whatsoever for any purposes inconsistent with those expressly set forth herein. 7. Nonexclusive. The Grantor expressly reserves for itself, its successors and assigns, the right to access and continue to use the Trail Easement Area for all purposes not inconsistent with this Declaration. 8. Enforcement Rights. Grantor expressly retains the right to remove or exclude from the Property any persons who are (i) in locations other than the Trails, (ii) engaged in uses of the Trails that are not permitted, (iii) causing or threatening to cause harm to persons or property, including the Property . 9. Liability Only While An Owner. No owner of the Property (or any portion thereof containing all or any part of the Trail Easement Area) shall be obligated or liable under this Declaration except to the extent, if any, that such obligation or liability accrues during such owner's period of ownership. 10, Acts Beyond Grantor's Control. Grantee shall not exercise its rights of enforcement against Grantor for injury or alteration to the Trail Easement Area resulting from causes beyond the reasonable control of Grantor including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken 2 by Grantor under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Property, including the Easement Area, resulting from such causes. If performance of any action by any Grantor is prevented or delayed by act of God, war, labor disputes or other cause beyond the reasonable control of such Grantor,the time for the performance of such action will be extended for the period that such action is delayed or prevented by such cause [Signature Page Follows] 3 IN WITNESS WHEREOF, Grantor has hereunto set its hand the day and year first above written. ILHC OF STILLWATER, LLC By Its CITY OF STILLWATER By: Its: STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2017, by the of ILHC of Stillwater, LLC. Notary Public STATE OF MINNESOTA ) Ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 3 2017, by the of the City of Stillwater. Notary Public This document was prepared by: Henson& Efron, P.A. (JAC) 220 South Sixth Street, Suite 1800 Minneapolis, MN 55402 4 EXHIBIT A PROPERTY LEGAL DESCRIPTION Lots 2, 3, 4, 5, 6, and 7, Block 1, and Outlots A, B, C, D, and E, Lakes At Stillwater, according to the plat thereof, Washington County, Minnesota EXHIBIT 13 TRAII, EASEMENT AREA THE LAKES AT STILLWATER TRAIL EASEMENT DESCRIPTIONS A 10 F001 WrX STRIP, OWN? ANO ACROS5 OUTLOI A, LAKES AT $711-1-WATER, kl/A$H]4-.TON COUNTY, NNW-$OTA, THP CENTER LINE OF SAO STRIP IS O"MOW AS FOLLOWS: COMMENCING AT 11-111- NORTHWEST CORWIR OF SAIF OQTWT A; THENCE NORTH 02 MGR" 40 NNVTrt5 01 5fiCONP3 EAST, ALONG THF WORTH LINa OF 5AIO OLrrI-OT A, 2001 FeFT 'TO THF` POINT Or 13fWNWhIC OF SAIPMNTEk LINETO De Pr,$CPJ15FO; THENCE SOUTWASTFALY 60.69 rfEal ALONG A NONTANCeNTIAl- CURVE YO THF LEFT. HAVING A CENTRAL AhlalE Or 6$ MCPJI-E-5 0 NNLJTCS 27 11RCONO3, A RAO10:5 OF 55.00 PEEET AND A CHORD 15EARIW OF SOWN 37 06GAIEFS 10 NINUT" 54 SaCONPS FAST; THENCE SOUTH 613 M-CPr-" 55 NNUT" 17 51-ICONP3 FAST 1.50.01 rf-F1; THfi1xJCr- SOUTHEASTERLY 19,05 Fa" ALONG A TANG'E'NTIAL CURVE TO THF RIGHT HAVING A CENTRAL- ANCI-r, OF 17 Or-CRC-" 19 NINUT" Iq 5C-CONPS ANO A RACiU3 OF 60.00 PPeT, TO THIF- SOUTHEASTERLY 1-1W W SAO OUIL-OT A ANE) 1WRa TMNNAIINC. f5EAR11,4C5 ARE ORIENTED TO TW PLAT OF LAM-5 AT 571L-WATER. AREA OF EASEMENT - 2,5q7 SO, FT. = 0.05q AC. I all A io rpar Nmm- sIpip, OVER AW ACROSS LOT 3, OLOCK 1, LAWS AT STILLWATW, WASHINGTON COUNTY, NIW"OTA, THE CENTER I-N9 OF SAV STRIP IS M-5CRIPW AS POLLOWSc C"f!NCM^ AT A PICINI ON THE-: WEST I-Na Or, SAV LOT 3 PiSTAN'r 37.66 !`PFl SOUTHEASTERLY OF THF SOUTHEAST Cc)RNgiZ OF OUTLOT E, SAID LAY45 Al $TILILWAMR, AS MA5URM ALONG SAID WEST LlNa-, TP4NCrI EAST 401.113 PMT; IWNCr- EASTERLY 64,72 rW-r ALONG A TANGENTIAL. CURVE-1 TO TJ-IrR 1-11-r-T HAVING A CENTRAL ANGLE OF 11 P9CRMS 57 MNUMS 45 Sr!CONPS AW A RAPW OF $10,00 Pa", THENCE EASTERLY ".$I Mrzf ALONG A TANGeNTAL CURVE TO THE RIGHT` FlA%4NC A CENTRAL Ahlal-e OF 14 OaGwMIS 14 11NUTF-5 27 SaCONP5 ANP A RAPILS Or, 134,00 Pf-aT'; 'WkWa SOUTH 137 M-GRII-a$ 43 NIq)MS 115 SrtCOW$ FAST 4.81 FEET; rHr-NM SOUTH 22.34 FF!91I THENCE SOUTFr-RI-Y 14.8*2 FEET ALONG A TANGENTIAL.. CURVE TO TFrg PJGHT HAVING A CENTRAL Ahlal-a OF IES MCRgC-0 27 NNvros 31 SeCONOS AND A RAPIUS OF 46.00 PgC-r, THENCE SOUTH 0 OrGlnEES 27 NINUMS 31 $I!CONL)S WEST 15.24 MaT, THENCE SOUTHERLY 63.16 FEET ALONG A TAN=-NrL6,1- CURVE TO THF LEFT` HAVING A CENTRAL ANZ-11 OF 97 CIP:42FW-PS 41 NINUT" 38 SECONDS AW A RADIUS OF 116.00 MET; THENCE SOUTHERLY 30,16 PMT ALONG A fAIWEINTIAL CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26 MCREVS 01 MINUTES 41 SECONDS Aw A RAMS cx- 7!5.00 "11T, THENCE SOUTHEASTERLY 67.158 MiWr ALONG A *I`AI,WFWIAL CURVE 70 THE W-rT HAVING A CENTRAL ANGLE Or- 80 MCREI" 23 NNQI9S 47 S9CON!" AND A RAMS M 44.00 Fr=Llf; THENCE 50LrrH 80 Or-CRM$ +6 MINUTES 12 EAST" 90,54 rMl; THENCE SOUTH5gA5TaRI-Y 47.12 FIMI' ALOW A TANGF!NTIAL. CURVE TO TW- RIGHT HAVING A CENTRAL. AM0-r: OF 61 MWaS .41 NIWM5 41 SPCOhVS ANO A RAOIJ5 OF 33,0S K-r:T; THENCE SOUTH 00 MCRMS 155 MNtJ'rrzS 29 %ECCNOS WEST 201.$4 PMT; THENCE $0UTHW95TERLY 501.76 r-01T ALONG A TANCFWIAI- CURVE TO THF RICHT HAVING A CENTRAL- ANGLE OF 100 f)eGRr!I!5 3q NINUT" $1 5WON17S AW A RAMUS OF 33,0$ FEET; 'rHC-.Nc* WESTERLY 24." Par-r ALONG A 1ANoMNpAt- CURVE TO rFr- LVff HAVNG A CENTRAL ANGLE OF 16 PE-KRa" $01 MINUTES 01 %ICON05 AND A RAPIL12I Or 04.47 Prtg'r; TH11INCI-1 SOUTH 137 OPGREa5 :5:$ MUMS :5.0 $P-,CONP5 W$T 160.0 MET; IHEEf4l-p 5OUTHWI!5'MRI-Y 14.05 PgE'r ALONG A 'rAIq6ZMT1A4- CURVE TO TW Lf!rlr HAVING A CENTRAL ANGLE OF :$7 M4PX-aS 201 1`11MU"M5 :52 SC-CONP$ AND A RAPIUS Or 14.00 PPeT TO THE WLrTH t.NR OF SAV LOT 3 AW THERE TriRMNATINC., DCARINC-% Ape omwap to rw PLAT OF LAWS AT STILLWAIVIR. AREA OF EASEMENT - 7.442 SQ. FT. = 0.171 AG, I hereby certify that thra aurvv plan or report wnu a It 1059ouIhRnhAwnm fr7arod by me or under my er-ot wup-vivion and h t I am a Idily licensed Land SurvoNor under the Iowa of lAinnesato. nm oIllftwepallikk UN ww Web: kandrm—nuk Enc L'7.Lndgwn [bmf: 00/1042017 tx N. 481116 n—d, 2017 Wrisool --,g 3 sy E13L THE LAKES AT STILLWATER DEPICTION OF TRAIL EASEMENT-NORTH AREA '75TO j,40, tit Nt4ZtrvE A. zt.39 OP ti OUTL.0-T A ojel-y uqg OP ovrlol A. LAKO AT SILLWAY60 �–'8RG=N6fYi5'5A'V) A-1719,19" 41 0`1 OUTLOT 0 (0 AREA OF F;ASEMNT 2,557 Sa M = 0,059 AG. NMTH o W SCALP,IN FEET hereby certify that thrm ourvag,plan or report was y m 1WSmMFMhAvmnum &7 arcd by me or under ray Wrest owparviviQn and t I arri a clily Roamed Land Surv&Ar under the IowaStgtqpof MInnosato. A hl D F 0 R M hm$klarAkh a, A VWMPORNUNW40i A—, 9 Web" kmndftwm.nok Ezrw cffkr: 04/10/2017 Rm.&_3ZjU20r7 —At-qEdfit 3 ay- EBL ,-m� THE LAKES AT STILLWATER DEPICTION OF TRAIL EASEMENT-SOUTH AREA 3 SE CORNER OF QUILOT E, LAKES AT STILLWATER C.8RG-S39'41'3s"E t)-Af5-r4,5. W�14-A'27'34,00 S117'4311 El"E 5 K- 1 129�jl 4.81 R R= EAST L-5377:20 --i 1014� PIE R--44D,OD WAY I E _T �'gE W CP WAY :"_w V1. UNE OF LOT 3, BLLDCK I TW2 31,W 15.24- LAKES AT OE;nLLWAT.M \0- 7 st E3 (lD je -- Nq� IV A-ar2g*52- R-14.00 L 14 05 —S. LINE OF LOT 3, OLOCK i, LAKES AT STILLWATER "z 72NP ST, Iq- AREA OF EASEMENT - 7,44.7 SQ. FT- = 0-171 AG raarrTTnt SCALE IN FEET I hereby cortify that thra curve plan or report won 0 1W8cubFMAvnnmm � arod by me or under my orvvt pervivion and $tittes13 hlrt I orn a eluly 11conaad Land SLrzr under the laws 3A, h4 0 IF 0 R M of ff Minnowntu. VWVOWak�UN4 65M -9z, !, FrawSMemRakA wn mrd Web: Inumfikarm."Ok Em E1.Imdwvn Dente; O9/10(2C117 Licanmc.No. 48 rM Space Above Line For Recorder's Use DECLARATION OF CONSERVATION EASEMENT THIS DECLARATION OF CONSERVATION EASEMENT (this "Declaration") is made this_day of_, 2017, by ILIIC of Stillwater, LLC, a Delaware limited liability company ("Grantor"), in favor of the City of Stillwater("Grantee"), a municipal corporation under the laws of the State of Minnesota. WHEREAS, the Grantor is the fee owner of the parcels of land situated in the City of Stillwater, Washington County, Minnesota and legally described on Exhibit A attached hereto (the "Property"); WHEREAS, the Grantor has received approval from the Grantee for a Planned Unit Development on the Property for a senior living community (the "Project"); WHEREAS, the Grantor and the Grantee have entered into a Development Agreement, dated as of_, 2017 in connection with the Project (the "Development Agreement"); WHEREAS, as a condition to the approval of the Project and pursuant to the terms of the Development Agreement, the Grantor has agreed to create a conservation easement over the portion of the Property legally described and depicted on Exhibit B attached hereto (the "Easement Area") on the terms and conditions set forth in this Declaration; and WHEREAS, it is the intention that the Easement Area remain in a predominantly natural state and that the Grantor intends for the area to be used as a natural preserve and park and that no improvements will be made other than those in keeping with the character of the Easement Area for such purposes as determined by Grantor. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, the Grantor, as fee owner of the Easement Area, hereby creates and grants to the Grantee a non-exclusive conservation easement in perpetuity over the Easement Area to assure that the Easement Area will be retained forever in its predominantly natural condition and limiting the use, improvement and development, under the conditions and covenants herein contained. 1. Incorporation of Recitals. The recitals are hereby incorporated into and made a part of this Declaration by reference. 2. Purpose. The purpose of this Declaration is to assure that the Easement Area shall, at all times hereafter, remain in a predominantly natural condition, and to preserve and enhance the scenic beauty, soil conservation and wildlife and vegetative habitat of the Easement Area. This Declaration shall in no way be construed so as to grant to the public any rights to access, use or improve the Easement Area for any public or private purpose. The Grantor reserves and retains the right to modify or limit the public's access, use and improvement of the Easement Area. 3. General Easement Restrictions. Unless prior written approval is obtained from the Grantee (which approval may establish reasonable conditions), or except as expressly permitted in this Declaration or the Development Agreement: a. No buildings, structures or improvements shall be constructed, erected or placed upon, above, or beneath the Easement Area which is inconsistent with the predominantly natural state of the Easement Area. b. No trees, shrubs or other natural vegetation in the Easement Area shall be intentionally removed or destroyed nor shall any of its limbs or branches be destroyed, cut or removed from the Easement Area, except when such trees, shrubs or other natural vegetation are dead, diseased, noxious, damaged by weather conditions or pose safety hazards. C. No fertilizers, whether natural or chemical, no pesticides, herbicides, or insecticides may be sprayed or applied to the Easement Area except by, or as directed by, a governmental agency or as permitted in Section 4(a) below. d. No earth, loam,peat, gravel, soil, sand, rocks or any other natural material or substance shall be moved or removed from the Easement Area and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Easement Area. e. No use shall be made of the Easement Area which will change or alter the predominantly natural condition of the Easement Area and no use shall be made of the Easement Area that would tend to change the drainage, .flood. control, water conservation, erosion control., soil conservation, or wildlife habitat characteristics. f. No hunting or trapping shall be permitted on the Easement Area. 9. No billboards or other advertisement shall be permitted on the Easement Area, h. There shall be no dumping of soil,trash, ashes, garbage, waste, yard waste or other unsightly or offensive material on the Easement Area. 2 i. There shall be no fillings, excavations, mining, drilling or other change in the general topography of the land in the Easement Area. j. There shall be no parking of motor vehicles on the Easement Area, except those used in connection with maintenance and permitted development of the Easement Area. 4. Permitted Activities. Notwithstanding anything to the contrary contained in Section 2 above, Grantor may do (or cause to be done) the following in the Easement Area: a. removal or control of invasive or noxious species, such as weeds and buckthorn; b. construction and maintenance of trails as contemplated by the Development Agreement, PUD, or subsequently approved by Grantee; C. construction, maintenance, repair and replacement of soft surface trails, benches, bridges, and lookout areas designed to permit access to and appreciation of the Easement Area; d. protection and maintenance of trees planted as part of reforestation efforts, including mowing in and around trees; e. installation and maintenance of information, direction, trail, and naming signage and any signage required by the Browns Creek Watershed District; f. permitted improvement of permitted lakefront access on Long Lake, including a dock, gazebos and access trails,provided they comply with any other applicable legal requirements; 9. maintenance, repair and replacement of the bridge located in the Easement Area; and h. perinit and conduct recreational and educational activities within the Easement Area. 5. Grantee's Right to Enter onto the Easement Area. The Grantor herewith grants to the Grantee, its agents and employees the right, but not the obligation, to preserve, improve and enhance the trees, vegetation, and natural habitat within the Easement Area by means and methods the Grantee deems reasonably appropriate, including planting trees or other vegetation, and to enter upon the Easement Area to enforce compliance with the terms, conditions, restrictions and covenants imposed as part of this Declaration. After giving reasonable advance notice to the owner of the Easement Area, Grantee may enter upon the Easement Area solely for purposes of exercising and enforcing the rights granted to the Grantee pursuant to this Section 5. 6. Successors, The Easement Area is hereby subjected to the provisions of this Declaration in perpetuity and shall hereafter be owned, occupied, leased, sold or otherwise transferred subject to and together with the covenants, easements and restrictions of this Declaration. 3 All of the provisions hereof shall be deemed to be covenants, easements and restrictions running with and appurtenant to the Easement Area, or as equitable servitudes, as the case may be, and shall benefit and burden the Grantor,the Grantee, their successors, assigns,purchasers, mortgagees, transferees, grantees, tenants, subtenants, licensees, and all other parties hereafter owning, obtaining or holding any interest in the Easement Area. The liability of the Grantor is limited to its equity interest in the Easement Area as of the date of execution by the Grantor. 7. Violations. Subject to the limitation of the Grantor's liability described in Section 6 above, if any party should violate any of the provisions of this Declaration, and should fail to remedy such violation within a period of thirty(30) days (or such longer period as may be reasonably necessary) after written notice, then in addition to all other remedies available at law or in equity, the non-defaulting party, or any other party in interest (which may include the owner or owners of any portion of the Easement Area who are not in violation of the terms hereof), may apply for and obtain from any court of competent jurisdiction equitable relief in the way of a temporary restraining order, temporary and permanent injunction and/or a decree of specific performance prohibiting such activities in violation of the provisions hereof and/or enforcing the terms of this Declaration,plus reimbursement by the defaulting party of all costs, disbursements and reasonable attorneys' fees incurred in pursuing and obtaining such relief. 8. Grantor Access to Easement Area. It is not the intent of this Declaration to deprive, limit or restrict the Grantor of access to or use of the land encompassed within the Easement Area or a reasonable means of access across such Easement Area, provided that any uses or means of access which are expressly prohibited by the terms of this Declaration shall be approved by the Grantee prior to the commencement of such prohibited activity. 9. Nonexclusive. The Grantor expressly reserves for itself, its successors and assigns, the right to access and continue to use the Easement Area for all purposes not inconsistent with this Declaration. The Grantor expressly reserves the exclusive right to designate the name or names for all or any portion of the Easement Area and structures, buildings or improvements thereon and may install and maintain signage accordingly. 10. Acts Beyond Grantor's Control. The Grantee shall not exercise its rights of enforcement(as described in Section 7) against the Grantor for injury or alteration to the Easement Area resulting from causes beyond the reasonable control of the Grantor including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Property, including the Easement Area, resulting from such causes. [Signature Page Follows] 4 IN WITNESS WHEREOF, the Grantor and the Grantee have duly executed this Declaration on the day and year written below. ILHC OF STILLWATER, LLC By: Its: CITY OF STILLWATER By: Its: STATE OF MINNESOTA ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of -, 2017, by the of ILHC of Stillwater, LLC. Notary Public STATE OF MINNESOTA ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of -, 2017, by the of the City of Stillwater. Notary Public This document was prepared by: Henson & Efron, P.A. (:IAC) 220 South Sixth Street, Suite 1800 Minneapolis, MN 55402 EXHIBIT A PROPERTY DESCRIPTION Lots 2, 3, 4, 5, 6, and 7, Block 1, and Outlots A, B, C, D, and E, Lakes At Stillwater, according to the plat thereof, Washington County, Minnesota EXHIBIT B THE LAKES AT STILLWATER DEPICTION OF CONSERVATION EASEMENT 0WLQT Q GONSERVARON EASEMENT DESCRIPTON A CONSEeVATM c-A--vmr OVER ALL OF OLMOT 6. 1NE LAKES AT SILLWAYge.VIAWWfON COUNTY,MWSOT& OUTLOT A THE I-AKE-5 AT STILLWATER 1 11 OUTLOT 0 q CON9EAVATM EASEMENT OVER ALL OF OUILOT S. 10 OUTLOT G RL A H F- T AN, 9 nanmx SCALE IN MET I hcrday certify khat this iur,% or 1W5ovbRNhA&wvm ray ,.Von =ored by rna or under and at I om o dui licunawd Load Surveyor under the low* or Minnemato. L A N D F 0 K M mro MWompAk UN W401 PMVAISFWA Web: landfonTimet Lk...N. job No. _2INWOI orv&iV_JjK_e0W-ql ey. SPK 44 k Space Above Line For Recorder's Use CROSS PARKING AND ACCESS EASEMENT AGREEMENT THIS CROSS PARKING AND ACCESS EASEMENT AGREEMENT (this "Agreement")is made as of the day of , 2017 between Grace Baptist Church of Stillwater, a Minnesota nonprofit corporation ("GBC"), and ILHC of Stillwater, LLC, a Delaware limited liability company ("ILHC Stillwater"). RECITALS: A. GBC is the owner of certain land situated in Washington County, Minnesota, legally described on Exhibit A attached hereto and made a part hereof(the "GBC Parcel"). B. ILHC Stillwater is the owner of certain land situated in Washington County, Minnesota, legally described on Exhibit B attached hereto and made a part hereof(the "ILHC Parcel" and, together with the GBC Parcel, the "Parcels"). For clarity, this Agreement does not burden any of the other parcels owned by ILHC Stillwater included in the Plat. C. GBC and ILHC Stillwater have received approval from the City of Stillwater (the "City") for a Planned Unit Development on the Property, including the construction and development by ILHC of Stillwater of a senior living community (the "Project"). ILHC Stillwater and the City have entered into a Development Agreement, dated as of 2017 in connection with the Project (the "Development Agreement"); D. The Parcels are adjacent and have, or will have, upon completion of planned construction, certain surface parking lots and related drive lanes substantially in the areas depicted as the "GBC Parleing Area" and t'he "ILHC Parking Area" on Exhibit C attached hereto and.made a part hereof(collectively, the "Parking Areas"). For clarity, the Parking Areas do not include any underground parking facilities on the ILHC Parcel. E. In addition, the driveway for accessing the Parcels will be located principally on the ILHC Parcel, depicted on Exhibit C attached hereto and made a part hereof(the "Driveway Easement Area.") F. GBC and ILHC Stillwater desire to provide certain non-exclusive easements to permit the common and reciprocal use of the Parking Areas and the Driveway Easement Area on the terms and conditions set forth herein. The cross parking easements set forth herein are a condition to the approval of the Project and required in accordance with the terms of the Development Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the reciprocal easements and mutual covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, GBC and ILHC Stillwater hereby covenant and agree that the Parcels shall be subject to and shall have the benefit of the rights and easements as hereinafter set forth: 1. Incorporation of Recitals. The recitals are hereby incorporated into and made a part of this Declaration by reference. 2. Cross Parlcing Easements. a. Each of the Parcels shall have and GBC and ILHC Stillwater do hereby grant to each other a perpetual right and easement running with the land for the non- exclusive use of the Parking Areas, and the sidewalks and walkways on their respective Parcels, for the purpose of ingress, egress, passage, delivery and parking. Said easements shall include the right of ingress and egress of pedestrians and vehicles across the Parking Areas to and from public ways contiguous to the Parcels. b. The use of said easements with respect to vehicles shall be subject to reasonable regulations and restrictions from time to time adopted by the owners of the Parcels for the control of handicapped parking, traffic, safety, loading and unloading of trucks and vans; and maintenance and repair of the Parking Areas (including the temporary closure thereof when necessary for such purposes). C. Notwithstanding anything herein to the contrary, neither party will grant any exclusive parking rights within the Parking Areas or mark any parking spaces within the Parking Areas as reserved or otherwise restricted to certain parties (other than disability parking) without the prior written approval of the other party; provided that ILHC Stillwater may designate up to ten (10) spaces adjacent to its building as reserved. Nothing in this Agreement shall be construed so as to prohibit an owner of a Parcel from modifying the Parking Areas on its Parcel from time to time; provided, however, in no event will such modifications cause the number of available parking spaces to fall below the number required by applicable law, code and/or ordinance. d. The easements granted herein may be used by GBC, ILI-IC Stillwater and their respective tenants, subtenants, residents, agents, employees, contractors, directors, 2 officers, trustees, customers, licensees, invitees, guests, and successors and assigns (collectively, "Covered Persons"), for vehicular parking and pedestrian ingress and egress purposes. ILHC Stillwater and GBC and their respective Covered Persons shall, at all times use commercially reasonable care so as not to damage or harm the Parking Areas. If any damage or harm should be caused to the Parking Areas by either GBC's or ILHC Stillwater's respective Covered Persons, then the responsible party shall pay any costs and expenses necessary to restore the condition of the Parking Areas to the pre- damaged or pre-harmed condition. If the responsible party fails to restore any damage or harm to the Parking Areas as required under the foregoing sentence, then the other party, after thirty (30) days prior written notice,may, but shall not be obligated to, cause such corrective or restorative action as deemed reasonably necessary to be performed. If such curative measures are taken by a party, then the other party, within thirty (30) days following receipt of such written demand, shall pay to the correcting party all costs and expenses, including reasonable attorneys' fees, incurred in connection with such curative measures, C. Except as provided in Section 1(d), each of the owners of the Parcels shall repair and maintain the Parking Areas that lie upon its Parcel in a good and serviceable condition, in compliance with applicable laws, and shall keep the Parking Areas reasonably free of snow and ice. 3. Access Easement. a. Each of the Parcels shall have and GBC and ILHC Stillwater do hereby grant to each other a perpetual right and easement running with the land for the non- exclusive use of the Driveway Easement Area for the purpose of ingress and egress to and across the Parcels. b. The easements granted herein may be used by GBC and ILHC Stillwater and their respective Covered Persons for ingress and egress to the Parcels. ILHC Stillwater and GBC and their respective Covered Persons shall, at all times use commercially reasonable care so as not to damage or harm the Driveway Easement Area, If any damage or harm should be caused to the Driveway Easement Area by either GBC's or ILHC Stillwater's respective Covered Persons, then the responsible party shall pay any costs and expenses necessary to restore the condition of the Driveway Easement Area to the pre-damaged or pre-harmed condition. If the responsible party fails to restore any damage or harm to the Drive Easement Area as required under the foregoing sentence, then the other patty, after thirty (30) days prior written notice, may, but shall not be obligated to, cause such corrective or restorative action as deemed reasonably necessary to be performed. If such curative measures are taken by a party, then the other party, within thirty (30) days following receipt of such written demand, shall pay to the correcting party all costs and expenses, including reasonable attorneys' fees, incurred in connection with such curative measures. C. Except as set forth in Section 1(b)m ILHC Stillwater shall maintain the Driveway Easement Area in a good and serviceable condition, in compliance with applicable laws, and shall keep the Driveway Easement Area reasonably free of snow and 3 ice. For clarity, this obligation applies to the Driveway Easement Area only and does not obligate ILHC Stillwater to maintain any roadways, driveways or other access areas fully on the GBC Parcel. 4. Taxes and Assessments. Each of the owners of the Parcels shall be responsible for all taxes and assessments levied against their respective Parcels. 5. Insurance and Indemnification. ILHC Stillwater and GBC each shall maintain during the term of this Agreement public liability insurance with companies authorized to do business in Minnesota, in at least the amount of$2,000,000.00 covering the use of the Parking Areas and Driveway Easement Area by such party and its tenant(s), customers, employees, contractors, vendors and invitees, which insurance shall add the other party as additional insureds and shall contain a provision stating that the insurance shall not be canceled or materially modified without at least ten (10) days prior written notice to the other party. Each party, upon request, shall deliver to the other party a certificate of insurance verifying compliance with the requirements of this Section. ILHC Stillwater agrees to defend, protect, indemnify and hold harmless GBC from and against all claims, causes of action,judgments or demands, including any action or proceeding brought thereon, and all costs, damages, losses, expenses and liabilities of any kind, including reasonable attorneys' fees and costs, asserted or incurred in connection with or arising out of the use of the Parking Areas, or the GBC Parcel by ILHC Stillwater and its Covered Persons. GBC agrees to defend, protect, indemnify and hold harmless ILHC Stillwater from and against all claims, causes of action,judgments or demands, including any action or proceeding brought thereon, and all costs, damages, losses, expenses and liabilities of any kind, including reasonable attorneys' fees and costs, asserted or incurred in connection with or arising out of the use of the Parking Areas, or the ILHC Parcel by GBC and its Covered Persons. Notwithstanding the foregoing, nothing in this Agreement constitutes a waiver by GBC or ILHC Stillwater or modification of any statutory or common law, defenses, immunities, or limits on liability. 5. No Dedication, This Agreement is not intended to and shall not constitute a gift or dedication of any portion of Parking Areas, the Driveway Easement Area or the Parcels to the general public for any public use or purpose whatsoever. 6. Liability Only While An Owner. No owner of either of the Parcels shall be obligated or liable under this instrument except to the extent, if any, that such obligation or liability accrues during such owner's period of ownership. 7. Minimum Interference. Each of the parties hereto and its successors and assigns shall always exercise use of its respective easements and rights hereunder reasonably and in such manner as to cause the least possible interference under the then circumstances with the use and enjoyment by the other party and its successors or assigns. 8. Miscellaneous. The rights and easements herein contained shall attach to, bind and run with the Parcels, and shall inure to the benefit of and be binding upon GBC and ILHC Stillwater and subsequent owners and transferees of the Parcels and their respective heirs, representatives, successors and assigns, but nothing herein contained shall be deemed to create any easement rights in the public, or in any tenant or licensee, or for the benefit of any property 4 other than the Parcels. This Agreement may only be modified or amended, in whole or in part, with the consent of each of the parties hereto, by declaration in writing, executed and acknowledged by each of said parties. This Agreement will be terminated only by an agreement executed by GBC and ILHC Stillwater, or their respective successors or assigns, with appropriate consents from any mortgagee that would be adversely affected by such termination. This Agreement shall be construed in accordance with the laws of the State of Minnesota. SIGNATURES APPEAR ON FOLLOWING PAGE 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the day and year first above written. GBC: ILHC STILLWATER: GRACE BAPTIST CHURCH OF ILHC OF STILLWATER, LLC, a STILLWATER, a Minnesota nonprofit Delaware limited liability company corporation By: By, Its Its STATE OF MINNESOTA ss. COUNTY OF The foregoing was executed before me this day of 2017, by , the of Grace Baptist Church of Stillwater, a Minnesota nonprofit corporation, who acknowledged the same to be their own -free act and deed on behalf of the limited liability company. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF The foregoing was executed before me this day of 2017, by , the of ILHC of Stillwater, LLC, a Delaware limited liability company, who acknowledged the same to be his/her free act and deed on behalf of the limited liability company. Notary Public THIS INSTRUMENT DRAFTED BY: Henson & Efron, P.A. (JAC) 220 South Sixth Street, Suite 1800 Minneapolis, MN 55402 612-339-2500 [Signature page to Cross Parking and Access Easement Agreement] EXHIBIT A GSC PARCEL LEGAL DESCRIPTION Lot 1, Block 1, Lakes at Stillwater, according to the plat thereof, Washington County, Minnesota EXHIBIT B ILHC PARCEL LEGAL DESCRIPTION Lot 2, Block 1, Lakes at Stillwater, according to the plat thereof, Washington County, Minnesota yy �-�-rrr�1�T�� e.w+r LF-1'ry����'ION OT+EASEMENT 1401 .- ,�..-"".. ...�-w,—...... ,�,fJ, �'r'.i"6'q R M.K"Ir, qtr) % I.lk Lt)t 1 Lot 2 ry r lotha e� r chttlotc r ,� Space Above Line For Recorder's Use DECLARATION OF FIRELANE EASEMENT THIS DECLARATION is made as of this day of 2017,by ILHC of Stillwater, LLC, a Delaware limited liability company ("Grantor"), for the benefit of the City of Stillwater, a Minnesota municipal corporation ("Grantee"). WHEREAS, the Grantor is the fee owner of certain parcels of land situated in the City of Stillwater, Washington County, Minnesota, including the parcels legally described on Exhibit A attached hereto (the "Property"); WHEREAS, the Grantor has received approval from the Grantee for a Planned Unit Development for a senior living community (the "Project"), which will be developed on Grantor's property, including the Property; WHEREAS, in conjunction with the development of the Project, the Grantor has agreed to grant an easement for emergency vehicle access to the Project as described and depicted on Exhibit B(the"Firelane Easement Area")and to make the trail to be constructed within the Firelane Easement sufficient for emergency vehicles to use for ingress and egress from the Property; NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, the Grantor, as fee owner of the Firelane Easement Area, hereby creates and grants to the Grantee a non-exclusive perpetual easement for the use of the Firelane Easement Area under the conditions and covenants herein contained (the "Trail Easement"). 1. Incorporation of Recitals. 'I'lie recitals are hereby incorporated into and made a part of this Declaration by reference, 2. Pur pase. To provide for the right of ingress and egress of emergency vehicles over, along, upon, under and across the Firelane Easement Area. 1 3. Construction, Maintenance and Repair. Grantor shall construct within the Firelane Easement Area, a trail that is sufficient for emergency vehicles to have ingress to and egress from the Project and that Grantor shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking, loading, or unloading of motor vehicles, trailers, or other impediments to the access of fire apparatus. The Grantor shall post and maintain signage in accordance with any applicable City standards or as reasonably requested by the City. The City is hereby authorized to order the towing of any vehicle parked in the designated and posted fire lane and to cause such the Firelane Easement Area to be maintained free and unobstructed at all times as required for fire department and emergency use. 4. Limitation on Dedication. Nothing contained in this Declaration will be deemed to constitute a gift, grant or dedication of any portion of the Firelane Easement Area to the general public or for any public purpose whatsoever for any purposes inconsistent with those expressly set forth herein. 5. Nonexclusive. The Grantor expressly reserves for itself, its successors and assigns, the right to access and continue to use the Firelane Easement Area for all purposes not inconsistent with this Declaration. 6. Liability Only While An Owner. No owner of the Property (or any portion thereof containing all or any part of the Firelane Easement Area) shall be obligated or liable under this Declaration except to the extent, if any, that such obligation or liability accrues during such owner's period of ownership. 7. Acts Beyond Grantor's Control. Grantee shall not exercise its rights of enforcement against Grantor for injury or alteration to the Firelane Easement Area resulting from causes beyond the reasonable control of Grantor including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Property, including the Firelane Easement Area, resulting from such causes. If performance of any action by any Grantor is prevented or delayed by act of God, war, labor disputes or other cause beyond the reasonable control of such Grantor, the time for the performance of such action will be extended for the period that such action is delayed or prevented by such cause. [Signature Page Follows] 2 IN WITNESS WHEREOF, Grantor has hereunto set its hand the day and year first above written. ILHC OF STILLWATER, LLC By Its CITY OF STILLWATER By: Its: STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2017, by the of ILHC of Stillwater, LLC. Notary Public STATE OF MINNESOTA ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2017, by the of the City of Stillwater. Notary Public This document was prepared by: Henson& Efron, P.A. (JAQ ' 220 South Sixth Street, Suite 1800 Minneapolis, MN 55402 3 EXHIBIT A PROPERTY LEGAL DESCRIPTION Outlot A, Lakes at Stillwater, according to the plat thereof, Washington County, Minnesota EXHIBIT 13 THE LAKES AT STILLWATER FIRELANE EASEMENT DESCRIPTION A 22 FOOT WVS 51PIP, OVE2 Ah]? ACP053 OUTLO'T A, LAKES AT STILLWATEQ, WASHINGTON COUNTY, NNKESO'rA, THE CENTER UNE Or SAID STRIP IS DESC213ED AS FOLLOWS: 0(7111PNClhig AT THE NORTHWEST` CO2hJr;2 (X- SAID OUTLOT A: THENCE NORTH 812 MORE-05 40 MINUTES 01 SECONDS EAST, ALONG THE NORTH LINE OF SAID OL)TLO-r A, 21.39 FEET TO THE POINT OF BEQN1,11,10 OF SAID CENTIE2 L114a TO BE Vf;5CQIBEV, THENCE SOUTHEASTERLY 60.69 FEET ALOf4Q A NOMTANCeNTIAL CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 63 GECQEF;5 13 flNUTES 27 SECONDS, A RADIUS OF 55.00 FEET AND A CHORD BEARING OF 3OLrrH 37 DECREES 0 111MUT&3 54 SECONDS EAST, THENCE SOUTH 65 DEGREES 55 MNLJTE3 37 9ECONDS EAST 180,01 FEET, fl-IEWO& 9OLJTt4&ASTEI2LY I9.05 FEET ALONG A TANCEM-RAL CURVE TO THE OCHr HAVING A CENTPAL. ANGLE OF 17 D&aPF&S Iq 1110LJTC-3 IR SECONDS AME) A RADIUS OF 63.00 FEET, TO THE SOUTHEASMIRL'( LINE6r- SAID OUTLOT A AND TFC-Pe TEIPHINA-MAC, 13CA91INCS AQ-r= O2IErfTW TO TI-r- PLAT OF LAYeS AT STILLWATEP. AP.EA Or EASEMENT — 5,716 50. f-r. - 0.131 A.C. I hereby cortify that thfe plan or report woo m g 11359oulh RfMA%mnL= g ra opurco by w or und� direst vwp. .i.n and et I am dilly Il.aremd mUYJ7 — 9ur%"r under the A iq 0 F a IL M $ufte 613 laws .!,4472.f Mlnnosutu� W"mpcfik UN 55401 ;��6 . Web: binciftirm.nok Fax 9.1-fldwvfl Cd.. 00/10/2017 tax 98176 ri.A:__jq4Zj?Z2017 JMN, W-ciscal By.__E L THE LAKES AT STILLWATER DEPICTION OF FIRELANE EASEMENT aiG0Zlf-,9!ALqp"rvA el—�.pgf,5 k, N82'"'Ot"E Z�,39 ap 0"01 A. 0,1 -�"Vkfw -Xqb;, OUTLOT A 131a Op WTI-07 A, LAKM AY 9ILLWAIV.0 (—'BR0=NG(YlV5A'V) A-17,159,19" _jao.vr R=0100 L--19.05 Q AREA OF EASHIEN'T 5,716 50. FT. = 0.131 AC, SCALE INFEST I hereby certify that this eurveN� plan or report was I DO Soulh FillhAvonup prepared by me or under my direct supcNvion and U8613 ot'l am a duly llaamoad Land gur�wybr under the 7 APed E3FORM laws 0! Stgtqoof i4innomatm O� mk KdOW(Ifit MN M& Web: linnitilbrim.nmL 48 176 EXI-1113rr Cr CONSTRUCTION PHASING PLAN Please see attached document. J X, o, t o uxn04d r r $267.62 ) i� { y �' —! I ✓F T�.( iFd (D r / u�� � r t a y" per• y "'�w" r �"`"" �. � � �' e .�r `„` �� �i// t'x�/ .P rk r d 'ep b p np fA wt ✓J� e r"rp i r 4[1 f % I �,r� w;rr �m•r`to �. k� e'�°r i �� � � p �"p F m i�%d y x"fi // r tx' � � r 'ff /ii e I r 4,� al 4 _, tiRy9 a1 717 p q h � ��.'%,k:'r,,,, _.wn,r.,; ._at,£ a,r ,c' fir,✓ "� �'"' a e � �q,� r , p ✓ w ^r w- e t c / 1 a o&at A M , •-cr I _ w " Fir Qsmwo�� ---._. Administration TO: Mayor& City Council FROM: Diane Ward, City Clerk DATE: 9/29/2017 RE: 2017 Stillwater Harvest Fest Summer Tuesdays Inc. has made application for a Special Event Permit to host the Stillwater Harvest Fest on October 14th and 15th 2017. The venue that will be used is North Lowell Park. Set up begins at Noon on Friday, October 13th. The Harvest Festival will be open to the public on Saturday&Sunday from 10 am to 7 p.m. Tear down will occur from 6 p.m. to 9 p.m. Sunday evening. All parking spots in Lots 4, 5, and 9 plus blocking the on-street parking on Mulberry around the circle, will be reserved all day Friday through Sunday. Officers will be on duty during the time of alcohol consumption and sales on Saturday and Sunday. Officers will also be onsite on Saturday and Sunday for crowd and traffic control as well as the kiddie parade on Sunday. The fees for City services,materials and parking will be charged according to the 2017 Fee Schedule. The Organizer must provide all insurance, agency permits, coordination with Police, Fire, and Public Works and pay for City services by October 9, 2017. ACTION REQUIRED: Review and if Council wishes to approve the event and contract they should pass a motion adopting a resolution entitled "APPROVING THE 2017 STILLWATER HARVEST FEST SPECIAL EVENT AND CONTRACT." RESOLUTION 2017-193 APPROVING THE 2017 STILLWATER HARVEST FEST SPECIAL EVENT AND CONTRACT WHEREAS, the City has encouraged Organizer to prepare and manage the 2017 Stillwater Harvest Fest at a location within the City in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City, WHEREAS the City is the owner of certain land in Stillwater, Minnesota, known as Lowell Park more particularly described in Exhibit A attached to the Agreement and made a part hereof,together with certain improvements thereon. BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota that the 2017 Stillwater Harvest Fest Special Event and Contract are hereby approved and authorize the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk 2017 STILLWATER HARVEST FEST AGREEMENT THIS AGREEMENT, between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and SUMMER TUESDAYS, INC., a Minnesota non-profit corporation, ("Organizer") 1. Harvest Fest& Giant Pumpkin Weigh-Off. The City has encouraged Harvest Fest&Giant Pumpkin Weigh-Off ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 13 - Noon- 6:00 p.m. Event: Saturday, October 14- 10:00 a.m. - 7:00 p.m. Sunday, October 15 - 10:00 a.m. - 7:00 p.m. Cleanup: Sunday, October 15 - 6:00 p.m. - 9:00 p.m. Load In/Load Out: Organizer will coordinate the Load In/Load Out times for the event with the City Public Works Department by October 9, 2017. 3. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the Stillwater Harvest Fest. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Event. The event will have a beer tent Saturday and Sunday from 10:00 a.m.to 7:00 p.m. a. TheArea. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing. The Area must be securely fenced by the Organization. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Code as administered by the City Fire Chief. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, all Entry/Exit gates to the Area must be controlled by security/police personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard/police personnel must be in place to insure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. f. Signs. Signage will be prominently displayed at each entry/exit point the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. g. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. h. Compliance. The Organization shall obtain a temporary liquor license for beer/wine tasting on Saturday, October 8 and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under-age consumer, sales after hours, over-serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. i. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on-sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. j. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by October 9, 2017. 4. Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must remain open to the public and unobstructed during the Event unless approved by City Staff. S. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north,west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police,the Organizer will assist the police in the clearing of the Area. 7. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Sam Bloomer Way (Lowell Park) and shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 8. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE ORGANIZER). The Event 2 is given use of all spaces in Lot 4, 5, 9 and Mulberry Street on-street parking to be used Friday through Sunday. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 9. Park Property. The Organizer agrees to submit a user's park fee of $500.00 payable to City by October 9, 2017. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City in the amount of$750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the Event. Public Works will provide irrigation locates in areas where tents will be staked on Friday, October 13, 2017 11. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials,needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (Le., neighborhood meeting expenses and/or city equipment) shall be received by the City no later than October 9, 2017. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit or fees are made,the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 12. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 8 portable restrooms,with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however,the Event Organizer will be responsible for maintaining,cleaning,security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate)to be invoiced to the Event Organizer. The 3 City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. c. Barricade Placement. i. The City Public Works Department will place notices of parking lot closures 24 hours before October 13, 2017. The Stillwater Police Department will place notices of no parking for all on-street parking requested in this agreement. ii. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 13 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. iii. The City will deliver two (2) Type III barricades for placement on Chestnut Street at Parking Lot 4 entrance by the Organizer during their event on Saturday and Sunday. To ensure traffic and pedestrian control the Association must place standard reflective barricades according to a plan approved by the Public Works Director, Police Chief or their designees. Barricades may be supplied by the Association, or by the City. Charges for the City supply of barricades are set forth in the current City Fee Schedule. The City may place additional traffic control barricades to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for placement of additional public safety traffic control barricades shall be shared with the Organizer by October 6th. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. If possible, Organizer will provide recycling and organics containers for the Event. e. Electricity and Water. a. Costs for the power line to be dropped from the gazebo to the electrical pole for the Organizer's crane for the pumpkin drop will pay costs associated for the removal. b. Each electrical box needed for the Event will be opened by the City on October 13, 2017. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. c. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. 4 d. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a$50.00 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above,the Organizer will reimburse the City for costs incurred in removing the items. 13.Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. i. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Public Health and Environment. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. ii. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Public Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. iii. The Organizer agrees to provide 2 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 14 Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, MN State Patrol, Washington County, Washington County Sheriff, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the event) and must submit copies of permits to the City from other agencies by October 9, 2017. 15. Insurance, Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than October 9, 2017. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurrence,and to name the city as an additional insured"as their interests may appear." 5 B. Comprehensive Automobile Liability: 1) Bodily Injury: $500,000 Each Person and$1,000,000 Each Occurrence 2) Property Damage: $100,000 Each Occurrence C. Worker's Compensation Coverage. 15. The Event Application (not attached to Agreement) including revisions, correspondence and insurance for the Event as submitted by the Organizer is considered part of this Agreement. Any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF,the parties have set their hands this 3rd day of October, 2017. SUMMER TUESDAYS, INC. 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 , to me personally known, who, being duly sworn, did say that he is the of the SUMMER TUESDAYS, INC. and that this instrument was signed as the free act and deed of the corporation. Notary Public CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Diane F.Ward, City Clerk 6 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this 3rd day of October 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on 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 7 EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 0 1 T H P L A C 9 0f 9 1 N H I a T A � Telephone; 651- - Fax 65.1-430-8810 Incomplete opplication5or opplications received after deadline will not be W-01UIL12B& accepted. See Event Instructionsfor aj7mhcath?rr deadline rind fees. Date AppillcationRecelved ........... Date of Application: ZIOP Type: Event Speclal Event Event w/Contract c2l Event Information Titie/Name of Event .... .......... ........ Event ate/Tim :,, Set up: Date, w.wTlme to ?q 41- Actual EvenDate t: 1, to Z Clean up: Date,,_`,/2L1,_i1 'T inne 0061—AP, to __ (Events after 10:00 p.m.require a variance from City Council, ........... Location(Address)of Event: (If in Lowell Park please specify north or south Lowell park) —6—eso i-p—t i-o—no-fEvt�nt (jA`e,_w"sf""�be S"tfllwater websRoi x ell le 17 e"( 4�? ............. Estimated Attendance(participants and spectators) Applicant Information(Person/Group Responsible) Sponsoring Organization Name: ............ Mailing Address: X, 0, City,State,Zip Code: .......... ....... Primary Contact/Applicant Name: Phone Number: el7,? Fax: Cell Phone: Email Address: ,V, Website Address: ...................... ............... ..................... Name of contact person during events Cell Phone: e,� d Alternate contact during event: Cell Phone. Y" ............... -—--------— Refer media or citizens inquires tcl• Flhone� wmxwxnwvennuuueuuerwwnnwmnnnnnnamn ............ Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages,tents, fencing, portable restroorns, vendor booths,trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows, Event Features Will any signs/banners be put up No F1 Yes Number and size. �, 2 ", c- ........... .......... Will there be any inflatables? No Yes insurance certTicatefrom rental vendor is required ........................... ...... Will there be entertainment? N o El Yes What type: Fees for electricity may apply see Instructions ............. Will sound amplification be used? lira Yes J lioursand l'ype--f�,,/.. 7 2.) ............................"........... Will a stage or te(s) be set up? No, E) Yes 2] Dimensions: '/�,X Er ............. ...... ............ Will there be temporary fencing? No E3 Yes Q ................. How many Fees for electricity may Will merchandise/food items be sold? No E] Yes vendors expected: apply see Instructions Will food be prepared on site? No Yes Contact Washington County Health Department,651-430-6655 ........... Will cooking operations be conducted? N o r"I Yes Contact Stillwater Fire Department,351-4950 ..................... ...... —-------- Will alcohol be served but not sold? No El Yes See Alcohol Regulations in the Instructions Will alcohol be sold? No Yes Seer Alcohol Regulations in the Instructions .......... Will there be a fireworks display? No Yes Permit required,contact Stillwater Fire Department,651.351-4950 Describe power nfeds and location of power %)urce. 7 Z-7 Z, ............. ....... ............ Describe level of advertisement(ie,radio,flyers,ads,tv,press release),Att,M)Cll sarnple if available CityServices JAfter reviewing the event application,My services may reciuried for the event.) Will event use,close or block any of the following: If yes specify location on site map. .51-1 to 1/4 1 't Start/End Time: D tt�. City Streets or Right-of-way No Yes 'el,4("V a City Sidewalks car,trails No Yes Start/End Time: Date: Public Parking Lots or Spaces No El Yes ;9 Start/End Timed:14)? /V",7, N Fees may apply Will event need barricade(s)? Yes E] Number needed: see Instructions ............ Fees may apply Will extra picnic tables be needed? No Yes Number needed: see Instructions Will portable restrcaoms be needed? N o CJ Yes C9 Plumber needed: Fees may apply see Instructions Fees may apply Will extra trash receptacles be needed? No CD Yes Number needed: Fe Instructions appl y xrIrl Ilr trash rr rratual and cleanup ala�r�,..� during and aftrwl 1-"verfltfir"r° � M � Will event need traffic control? PTCI Yes 0 contact stillwater Police Department for assistance,651-3.61-4900 l��"scrlbr=rro�uld rt�ratrcal lalaatMr�dauri"�tca t�ral,lr° tion s��f—et Y cad—pa rticlparlts arld sactatrs " i Fees may apply see Instructions Will "No Parking Suss" needed? No Yes E] Number needed: Show locarion(s)onsite map Will evert need security? No Yes 21 If event is overnight,security will be required. p �.............w�." ....._.,.�...� ,�w.., _�m,.w�..._......,__ ...... ilf usingprivate secrruity, iist SeWrity CoTpany and Contact information: u� Will event treed EMS services? No 0 Yes rg Contact Lakeview EMS 651«4.30-4621 _pir _� ... �. _.... ... r i _..... a... �KK IP � scr�ml� pIParas to pig d first old" If u� edt,.tl° 441 d M' 4 .m n" www. innmm nwnu.unm .....«. w.wmmwwrµom.ax�nwuwwwww.ruwiwwwmrww .ww....nwuinw.vµorwmw..i....mmmmnwvnnmrnmwmmnmrmw.wuxmu .w+mmrnxnwrnwwwavnxrwwn...w.m..�..w.n.mw.m...nmmm.mv........��....... C a scrib hearaarr ,racy act;iaal pians ifs rl r. Mather sfaotAd arise. l Istray atlas,.lasrtlratt information: Ilea °� rh �4; m � .�.'r�: The sponsor(s)of this event hereby agrees to save the City, its agents,officials and employees harmiess from and against all damages to persons or property, all expenses and other liability that may result from this activity, Depending on the size of and scope of the event a "Certificate of insurance"may be required. If insurance is required, the policy must be Inept in force during the event of at least the statutory limits for municipalities claims that might be brought against the event that arise out of the events authorized and to name the City as aro additional insured on their policy "as their Interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of l iilwv r and i's a release of l obilriy Igra` rc"a�pl�aIc'arl1'or Authorized agent ru�iw rµ V µ s , r k u Lot 10 Lot ! ` :� OL j � µ LO PAO YIM ry. r"Loll q Moo te OD w, f rr w �Aw k ' , 1, ro k I 1 /,�✓ i ///O/%%iii l%%✓� I// % i/o ,,..,�.,_ ,.. Ilk Ba—50-spaces Lot 8b!—89 spaces a 9-- s"Pker" spaces LOADms= ouud Nilo to ugrvfNp Nei ai 49, close off Mul eu `lI ��1A/Gl � m /p, W,12—85'spa s mircte to curs,fOr yll��%!/ ne Lot 113—28 spaces bandpAu�k m e lour infout etc, L 315—20 spaces Lot 11 N Lot 11 5 spaces Lot 9 will more,f000ILotp-248 spac,es ;,�� ,l�%�l�f J' l/�✓�; and theIii 'Jrqctor pull, lil J l /l y Ny' NWs ary uex ink babhh 9 -G�rnrNc®�I� uuuo Arta ��rflrry dor rr j Z JAM R'arks l towp h's U" - r�wu��ruly 7, Beevowden r o o h� r . ��vuit�lre f 0a Paddle area r 1 �t n arm fa'. Ii •s y ray , "s � 5 r a ' v 4 � Y Q---,I* I Iwa ter -Sr i mj � Administration Memorandum TO: Mayor& City Council FROM: Diane Ward, City Clerk DATE: 9/29/2017 RE: Appointment to Human Rights Commission We have repeatedly advertised for openings on the Human Rights Commission. An application was received from Blaise Junker to fill the vacancy created by the resignation of Brooke Thingvold. Mr. Junker was interviewed by the Chair and the Council Representative, who recommend appointment. ACTION REOUIRED: 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 2017-194 APPOINTING MEMBER TO HUMAN RIGHTS COMMISSION NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their October 3, 2017 regular City Council meeting hereby appoints Blaise Junker to the Human Rights Commission, filling the unexpired term of Brooke Thingvold. Mr. Junker's term will end May 1, 2019. Adopted by Stillwater City Council this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST Diane F. Ward, City Clerk RESOLUTION 2017-195 ADOPTING DELINQUENT CLEANUP SERVICES CHARGES WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent cleanup service charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent cleanup service charges and is hereby levied as an assessment against the parcel and the total is $500.00. Adopted by the Stillwater City Council this 3rd day of October, 2017 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater 2017 Certification of Deliqunet Clean Up Services For Collection with the 2018 Property Taxes Project#00040 Term: 1 Year Rate 10% CERTIFICATION PID AMOUNT 28.030.20.31.0088 $500.00 TOTAL: $500.00 RESOLUTION 2017-196 ADOPTING DELINQUENT PARKING MITIGATION FEES WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent parking mitigation fees. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent parking mitigation fees and is hereby levied as an assessment against those parcels and the total is $4,440.00. Adopted by the Stillwater City Council this 3 d day of October, 2017 Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater 2017 Certification of Deliqunet Parking Mitigation Fees For Collection with the 2018 Property Taxes Project#00080 Term: 1 Year Rate 10% CERTIFICATION PID AMOUNT 28.030.20.41.0041 $210.00 28.030.20.41.0035 $300.00 28.030.20.41.0064 $510.00 28.030.20.41.0157 $180.00 28.030.20.41.0028 $3,240.00 TOTAL: $4,440.00 �-. ater r" "."'t* M I N Fd U. 0 Y A CITY COUNCIL MEETING DATE: October 3rd, 2017 REGARDING: United States Census 2020 Local Update Census Addresses (LUCA) Operation registration and confidentiality agreements PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND Every ten years the federal government conducts a count of all of persons living in the country. Prior to the Census occurring, local jurisdictions can help the federal government two ways: updating jurisdictional boundary records and updating addresses in those boundaries. The Boundary and Annexation Survey (BAS) occurred in the spring of 2017; the City's updates included those areas of lands that had been subject to the Orderly Annexation Agreement with Stillwater Township. The next phase, the Local Update Census Addresses (LUCA), is about to commence. The LUCA is the process where the City, if so desired,may review the addresses the federal government has and correct inconsistencies by adding to and amending the list new properties. The City's involvement can help ensure the federal government's records are accurate and that all of Stillwater's residents are counted in the Census 2020 count. The information will better help the City understand a variety of factors about its residents. Regionally, this information helps in apportioning representative seats as well as federal funding for roads, schools, etc. ALTERNATIVES The City has a few alternatives: 1. Opt out of LUCA. If this were to occur, the City would have no input regarding the address list Census worker will use. This could mean that if the address list is not correct, residents of Stillwater may not be counted in the 2020 Census. This option utilizes no City staff time or resources. 2. Register to participate in LUCA, utilizing City of Stillwater resources in the update. This option will require the most amount of City staff time and resources. If this is to occur, the City will need to register to participate in LUCA and execute the confidentially agreement, 3. Register to participate in LUCA, working with Washington County in the update. Utilizing the existing federal government data, Washington County will cross reference County parcel information in coordination with the City; the City will have the opportunity to review the cross-referenced data. This option will allow for the City to participate but utilize less City staff time and resources than the aforementioned option. If this is to occur, the City will need to register to participate in LUCA, execute the confidentially agreement for the federal government, and enter into a confidentially agreement with Washington County. RECOMMENDATION AND COUNCIL ACTION Staff recommends the City participate in the Census 2020 LUCA in cooperation and coordination with Washington County. A Resolution authorizing the City's Census 2020 registration and execution of the confidentiality agreements is attached for the Council's consideration. I'i y,cI(if 2 RESOLUTION 2017-197 AUTHORIZING THE CENSUS 2020 REGISTRATION AND ENTERING INTO LOCAL UPDATE OF CENSUS ADDRESSES OPERATION (LUCA) CONFIDENTIALITY AGREEMENTS WHEREAS,the City of Stillwater desires an accurate count of all individuals and households in the 2020 Census; and WHEREAS,the City of Stillwater has been invited to participate in the Census 2020 Local Update of Census Addresses Operation (LUCA); and WHEREAS,Washington County has offered to assist with the City of Stillwater with the LUCA. BE IT RESOLVED by the City Council of Stillwater, MN that: 1. The City will register for LUCA. 2. The City will enter into a Confidentiality Agreement with the United States 2020 Census. 3. The City will enter into a Confidentiality Agreement with Washington County for the LUCA. BE IT FURTHER RESOLVED, the Mayor and Community Development Director, serving as the Census 2020 Liaison, are hereby authorized to sign said grant agreements on behalf of the City of Stillwater. Adopted by the Stillwater City Council on this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk s ORO D-2002(2 22-2017) OMB No. 0607-0994: Approval E::x;*es 12/31/2019 US, til..E aMI-NT 0I: t,,OM 1 F!G E-nfit iL nomic•and StatiMics Administration U.S.CENSUSBUREAUUa�i1t SNxres PL2762824 � � � REGISTRATION FORMGovernment Name 202 G T S ADDRESSES OPERATION ) Stillwater city 1. ❑ YES Our government is registering for LUCA. — Complete Sections 8 and C. 2. ❑ NO Our government is not registering for LUCA. — Complete Section 8 and mark an (X) for each reason that applies: a. ❑ Another level of government (state or county) f. ❑ Concerns about Census Bureau Title 13 materials that includes our jurisdiction is participating in LUCA g. ❑ Restrictions on using Census Bureau Title 13 materials for b. El insufficient staff other purposes c. ❑ Lack of funds h. ❑ Other reason — Specify(Please print) a d. ❑ No time/too busy e. El No local address list available Thank you for your comments. We will use them to help improve future LUCA operations. 1. Printed name of Tribal Chair or Highest Elected Official/Appointed Official — First, middle initial, last 2. Signature of Tribal Chair or Highest Elected Official/Appointed Official Date Month Day Year 3. Position — (e.g., Tribal Chair, Governor, Commissioner, Mayor, Supervisor, please do not abbreviate) —Please print Number and street name 4. Physical/ Mailing ... ........................�................ .. W ........�. address City State ZIP Code � B S. Telephone 6. Email address Area code Number Extension 1 55 1-a Complete this section only if you are participating in LUCA 1. Name— (Please print) 2. Department, Organization, or Agency name— (e.g., Planning and Zoning, Regional Planning Agency;please do not abbreviate) 3. Position — (e.11., Tribal President, Director,Assessor, Planner;please do not abbreviate) . Number and street name Physical/ Mailing address City State ZIP Code P I S. Telephone 6. Email address Area code Number r E tension Complete this form and return it along with the completed,signed copies of the Product Preference Form, Self-Assessment Checklist,and Confidentiality Agreement. Use the enclosed postage paid envelope addressed to AT(N:Geography LOCA Materials 63 E, National Processing Center, 1201 ;East 10th St,Jeffersonville IN 47132.As an alternative,you may scan your completed forms,including corms with signatures,and email them to GE0.2020.LUCA®census. II �III IIIIII III III III II I II II I II I II II I II 28198 Fonts -2005(4-5-2017) OMB No. 0647-4994: Approval Expires 12/31/2019 U.S. DEPARTMENT OF COMMERCE Entity ID t k �k3' CONFIDENTIALITY Economics and Statistics Administration ess AGREEMENT FORM u.s.CENSUS guREau PL�76zSZ4 2020 2020 CENSUS LOCAL UPDATE OF Government Name CENSUS ADDRESSES PE TI (LUCA) Stillwater city • • • • All LUCA liaisons, reviewers,and anyone with access to Title 13, United States Code(U.S.C.) LUCA materials must agree to keep confidential the Title 13 materials to which they have access, including any maps that contain structure points showing the location of living quarters.They may use this information solely for suggesting improvements to the Census Bureau's address list and maps. All individuals who will review or have access fie Certstis Bureau-f'Ifle.p3 materials must sign below to indicate tinny have read and understand the Consaus Bureau's C'onfidenffnfdt,pr and seculity Guhlefi'nesfor LUCA. In addition,triose who sign the agreement swear, lander pernatty of perjury,to maintain the cenfideritiatity of Census Bureau rmterlats prottarle d under'l Itie 13, Fiurlher,a signature indgmtos recctrinition that the penalty for wrongful disdosu!re is a fine of not more than$250,000 or imprisonment for not inore than 5 years„or broth,Although access to the data us lernporary,this commitment is permanent. You rnisl be at least 18 years of age to sign this agreement By signing this agreement,your government agrees to destroy all Census Bureau Titio 13 materials or return them to the Census Bureau at the completion of LUCA. • • • Liaison's Printed Name Area code Telephone number Ext ..... Liaison s Signature 'Date Month Day Year Name of LUCA Liaison's Office, Department, or Agency- (Assessor's Office, Planning Department, Regional Planning Agency, etc.)-Please print Address of LUCA Liaison's Office, Department, or Agency-(House number and street name, RR or HC, and box number)-Please print City State ZIP Code P Email address Printed name Area code Telephone number Ext. Signature Date Month Day _ Year ry Address, if different from Liaison-(House number and street name, RR ar HG, and box number)--Please print City State ZIP Code i I Email address ._._.�.......-._............._....... �..��.._...._.��_.._. Printed name Area code Tetephone number pExt. ....wWw.....ww......._w_w_.ww_.. .._ ..__.... _ Signature Date Month Day Year _...... _ __ vv._� __....._... ......... ........ Address if different from Liaison- (House number and street name, RR or HC„ arid box number)-Please print City State ZIP Code I E-mail address Section C continued on the reverse III 11111II I I III 28198 roam D-2005(4-5-2017) OMB No.0607-0994: Approval Expires 1213112019 ray U.S. DEPARTMENT OF COMMERCE Entity ICD United States- CONFIDENTIALITY Economics and Statistics Adminlstralion ensus AGREEMENT FORM U&CENSUS BUREAU 0027163 20^20 2020 CENSUS LOCALUPDATE OF Government Name CENSUS ADDRESSES OPERATION (LUCA) Washington County A. TERMS, CONDITIONS, AND RESPONSIBILITIES FOR2020 CENSUS LUCA OPERATION All LUM liaisons,reviewers,and anyone with access to Title 13,United States Code(U S.C)LUCA materials must agree to keep confidential the Title 13 Materials to which they have access,including any maps that contain structure pointe showing the location of living quarters.They may use this information solely for suggesting improvements to the Census Bureau's address list and maps. Alt individuals who will review or have access to Census Bureau Title 13 materials must sign below to indicate they have read and understand the Census Bureau's Confidentiality and recurily Guidelines for LUCA,In addition,those who sign the agreement swear,under penalty of perjury,to maintain the confidentiality of Census Bureau materials protected under 7Title 13.Further,a signature indicates recognition that the penalty for wrongful disclosure is a fine of not more than$250,000 or imprisonment for not more than 5 years,or both,Although access to the data is temporary,this commitment is permanent.You must beat feast 18 years of age to sign this agreement. By signing this agreement,your government agrees to destroy all Census Bureau Title 13 materials or return them to the Census Bureau at the completion of LUCA. B. LIAISON INFORMATION Liaison's Printed Name Area code Telephone number Ext Liaison's Signature CDate. Month Day Year Name of LUCA Liaison's Office, Department,or Agency--(Assessor's Office, Planning Department, Regional Planning Agency, etc,)—Please print Address of LUCA Liaison's Office, Department,or Agency—(House number and street name, RR or HQ, and box number)—Please print City state ZIP Code I Email l address C. INFORMATION FOR • TO TITLE 13, U.S.C. MATERIALS Printed name Area code Telephone number Ext. FTM Signature Date — — — Month Day Year FTI FTI E= Address,if different from Liaison—(House number and street name, RR or HC, and box number)—Please print City State ZIP Code r I Email address Printed name Area code Telephone number Ext. Signature Date Month Day Year Address, if different from Liaison—(House number and street name, RR or HC, and box number)--Please print City state ZIP Code I I E-mail address Section C continued cn the reverse ll I I III ISI II II III III III II II III II II II�IIIII�I 01344 MAGNUSONLAWFIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAN STREET SOUTH ^ SUITE 4260 • STILLWATER,MN 55082-5165 TELEPHONE: (651)439-9464 •FACSIMILE: (651)439-5641 WW W.MAGNUSONLAW FIRM.COLI DAVID T.MAGIWSON DTMAGN'USON@MAGNUSO,rLAWFIRM.COM MENI ® RAN ® UM T : Mayor, Council and Staff EROXI: David T. Magnuson, Stillwater City Attorney DATE: September 29,2017 Main Street Stairs Mayor, City Council and Staff, The developer's building 5 abuts the Main Street Stairs and it is estimated that the Stairs and the building have existed in that proximity for approximately 100 years. During that time, surface or rain water, from the developer's buildings in the vicinity and from the stairs themselves, has caused significant damage to building 5 over a long period of time. Whether the water originated on the buildings or the Stairs, when it drained between the Stairs and the building, it was trapped by the Stairs that acted as a dam to prevent the natural runoff of the water. The damage consists of a complete erosion of the brick facing on the exterior of the building and the interior studs. The upper two thirds of the east wall of building 5 remains, but when first discovered, this wall was hanging in thin air. Historically, Cities had sovereign immunity from drainage claims, but were subject to actions in inverse condemnation brought by owners who were damaged by a diversion surface water. Now,under the Municipal Tort Act, many claims regarding the faulty design of storm water facilities are protected by the doctrine of discretionary immunity. However, to be entitled to the immunity,the decision must balance policy considerations such as economic, social and political matters. Therefore, since conditions were put in place more than a century ago, it would be difficult to establish an immunity. In this instance however, if the City inspected the stairs on a regular schedule,the inspecting would be a"ministerial act" and immunity would not be applicable. The question would be whether the City employees knew or should have known about this damaging condition. Based upon this analysis, it is my opinion that it is likely that the City would be found liable for the damage to the building, and would have future liability for a failure to correct the condition that caused the damage. 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 A RESOLUTION APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT, AUTHORING THE ADVANCEMENT OF TAX INCREMENT FUNDS FOR THE REPAIR OF DAMAGE TO A BUILDING THE IS CURRENTLY BEING REDEVELOPED WITH TAX INCREMENT ASSISTANCE, AND AUTHORIZING AN LOAN OF FUNDS TO TIF DISTRICT 11 FORM OTHER TAX INCREMENT DISTRICTS. Whereas,it has been established that a building now being renovated as part of the Luna Rosa Hotel development has suffered extensive damage due to runoff that is blocked against the building by the Main Street Stair's, and that there is probability that the City is liable for the damage and is obligated to repair and correct the damaging condition or risk the collapse of the building, and; Whereas, based upon the recommendation of City Staff, a plan for a sharing of costs for both the damage to the building and a correction of the condition has been prepared and set forth in Addendum No. 1, and: Whereas, it is necessary that funds be advanced to Tax Increment District 11 to fund the contribution set forth in Addendum No. l; Now therefor be it resolved as follows: 1. That Addendum No. 1 be and the same is hereby approved. 2. That the City Finance Director is authorized and directed to advance sums to Tax Increment District No. 11 from available funds in other Tax Increment Districts, and to establish a schedule for repayment and a reasonable interest rate therefore. In Witness whereof we have set our hands this 3rd Day of October,2017 Ted Kloswoski, Mayor ATTEST: Diane F. Ward, City Clerk ADDENDUM No. 1 This ADDENDUM is made as of the date last executed below(the "Effective Date")between the Elevage Hotel Group, LLC, a Minnesota Limited Liability Company("EHG"), and the City of Stillwater,Minnesota, ("City"), collectively the ("Parties"). WHEREAS,the City and Stillwater Caves, LLC entered a Contract for Private Development dated December 3rd, 2013, and the City approved an assignment of the Developer's interest in that contract to EHG on August 25th, 2016, the("Assignment"). Pursuant to that Assignment, EHG has undertaken the project and is currently involved with both demolition and rehabilitation of the historic properties involved in the redevelopment of the site, and; WHEREAS, while EHG was removing the sheet rock on the East wall in the building adjacent to the Main Street Stairs, ("Stairs"), it was discovered that the interior studs and the brick wall abutting the Stairs was missing and had been dissolved by surface water that had been directed against the building from runoff from the Stairs. WHEREAS, City public works staff and the City Building Official visited the site and issued a stop work order on the site until the public safety could be protected from a complete or partial collapse of the building. Subsequent to that stop work order, the Developer and its contractor estimated the cost of the work that would be needed on both the building and the Stairs, to address the historical damage to the site from surface water and to correct conditions on the Stairs to protect the site in the future, and; WHEREAS, it is the purpose of this Addendum to describe the responsibility and the sharing of costs for both the repairs to the building and the correcting of conditions on the Stairs; and NOW Therefore the Parties agree as follows: 1. The City will share in the estimated costs to repair and rehabilitate the East wall of the building abutting the Stairs according to the summary attached as Exhibit"A". 2. The City will share in the estimated costs to correct or if necessary rebuilt the Stairs according to the Summary attached as Exhibit"B" 3. Payments will be made by the City to Land Title, Inc, now acting as Escrow Agent pursuant to the Escrow Agreement dated August 31', 2016 between the City of Stillwater and EHG,to be disbursed according to the terms of the Escrow Agreement for the payment of costs described in both Exhibit A and Exhibit B. 4. In all other ways the Development Agreement as Amended will remain in full force and effect. In Witness Whereof the Parties have set their hands this day of October, 2017. Elevage Hotel Group LLC, by The City Stillwater,by Cory Burstad, Ted Kloswoski, It's Chief Manager It's Mayor rte___.a mW Ar_�_ Laviu 1. ivlaguason 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 EXHIBIT 96,827.50 as noted on the summary of costs described below. DESCRIPTION CITY. COST per QTY. TOTALBUDGET NOTES I COMMENTS PUBLIC STAIR WORK-(up to 2nd landing only) LOW END 3,a•=,.HIGHiEND'. I SITE DEMO STAIR DEMO 1.00 $ 2.500.00 to $ 3,000.00 $ ; 2,500.00 to 2 IMLING DEMOLITION 1.00 $ 1,500.00 to $ 1,500.00 $ 1,500.00 to S 1,50.04. 3 EXCAVATION TO BEDROCK 1.00 $ 5,000.00 to $ 7,500.00 $ 5,000.00 to $ V.7,500.!10' 4 CONCRETE FOOTINGSNVALLS/STAIRS 1.00 $ 40,00.0 to S 45,000.00 S 40,0110.!0 to 5 METAL HANDRAIUNGS AND GUARDRAILS 1.00 $ 15,00.0 to $ 17,00.0 S 75,000.00 to S 6PAINTING RAILINGS 1.110 S 2,500.00 to $ 2,501190 S --2,500.00 to S Xs`;25W.00 7='^STORMDRAtNAND PIPETOR'ADJACENT LANDING,. _ - ".1.00'-5.. ..- ;OOD.DO -ta. S � ;1.S9E££70 S ";r: 0iW.00 ,,,io" NW= '' 51,5001 8.,r PONNECTROYER TO NEW LIGHT POLE; %a 1.00 $' t95O:0 to S '.1;950;00 $ 9 LANDSCAPING REPAIRS 1.00 S 1,50.00 to S 3,000.00 $ -.1.500.00 10 TEMPORARY SAFETY BARRICADES 1.0 $ 1,500 to $ 2.50.00 S - :1,5W.0 to S... .'2,50:01) - 71: g>;RMJT ..,-." ;,.+ .. ,:,.,, .,., .. 1.00`S..; ...'2:590.0 fa. $.=; :"2509.0 $' 2,50.0 to;'i�...k: 2=50R #::(52500)City to-we pen.1 fee 12 JOB SITE SUPERVISION 25.00 $ 105.0 to $ 105.0 $ 2,525.0 to S A 2',625.0: 13 PROJECT MANAGEMENT- 2600 $ 1100 to $ 110.00 $ --:2,750,00 to ,750:W 14.TP TEMP.PHONE� to "TRUCKJNG"t; $' :.:85.0 'Yo° $.-1:. $t ,:x:680-00 ao==A 16:<7 DUMPSTERS':, ,._ _' s; " ., 1.0.S-- 250.0 So. $ ,;250:0 $ a 17 CLEANUP 8.0 S 85.0 to $ 85.00 $ 60.00 to S� 6M.00 18 TESTING AND SPECIAL INSPECTIONS 1.0 $ 1,500.0 to S 1,500.00 Y 1,5(10.0 to T7,77- 19 19 TRAVEL 1.0 S 75.0 to S 75.00 $ -�75.00 to 20 JOB SrrE OFFICE EOUIPMENT W5010 S 62.50 to $ 6250 S 156.25 to $21 PLAN REPRODUCTION S 25.0 to $ 25.00 $ :25.0 to22 SAFETY INSPECTIONS S 110.0 to $ 110.0 $ - 330.0to23 CONSTRUCTION STAKING $ 1,50.0 to $ 1,0000 $ - 1,60,0 to f W�-W ll24 GENERAL LIABILITY 5 S 900 to $ 10.0 S 517.50 to25 ARCHITECTURAL/ENGINEERING FEES not induded to not included not included to26 BOND not included to not included not included to27 BUILDER'S RISK notincluded to not included not Inctuded to y?:ndiri-luded28 WINTER CONDITIONS not included to not:acludad not included to `:�4u:41ni29 CONTRACTOR'S FEE S 86.113.0 to $ 99.171.0 S :.:.4,345.65 to ./-,--,> 4,95&55: ($347.75) SUBTOTAL PUBLIC STAIR-(up to 2nd landing only) $ 90,419.40- to $ >,'10d 129.80 37302.75 9fi,827.50 Ri 111 I.-T(nnrc c EXHIBIT B 49,324.55 as noted on the summary of costs described below. BUILDING#5 CORRECTIONS LOW END 1 INTERIOR NON STRUCTURAL DEMO 1 $ 1.500.00 to $ 2,500.00 1$ .:;.1,500.00 to E 2 WALLSHORING 1 $ 5.000.00 to $ 7,500.00 $ _•:5,000.00 to $ "x:-=7;WGJIO 3 STRUCTURAL DEMO 1 $ 2,500.2 to $ 34500.00 $ 2,500.00 to S 4 CONCRETE f MASONRY 1 S 7,500.00 to S 10.000.00 $ 7,500.00 to 5 STRUCTURAL WOOD FRAMING 1 S 7,500.00 to S 8,500.00 S "'7,500.00 to E 6 WATERPROOFING 1 $ 2,000.00 to 5 3,000.00 S ---2,000.00 to S bl.,,3000,00'. 7 PLASTER VENEER 1 S 3,500.00 to $ 4,500.00 $ 3,500.00 to $ 8 WALL INSULATION 1 $ 750.00 to $ 1,000.00 E -_-750.00 to 9.= ROOFDRAINTOSTORMSEWER_,, ,,;,.+- >.ra,a "„4 S: 16;800;2 'to--S 16,800:00 5,.._ 116.800.00 ,tote ..��1=YSi8 3#JtT 516.8001 10;.3 ROOFINSUUAND METAL PANELS FOR ROOF,DRAIN,..= to_ g .:.;2.50000 S OVERFLOMk,$CUPPER:IN BRICK VENEER, ..:�^<-r ... 1 5:, ,:e1:5.F1Q�.00 �io' S.,= '.,'1,SOF500 $ �-;.1:500:00 S .=,'!,000.00 A. S_`r�'`Y� $1,500 13TEMPORARY SAFETY BARRICADES 1.00 S 1,00000 to $ 1,000.00 $ --1,000.00 to S 14 JOB SITE SUPERVISION 16.00 $ 105.00 to $ 105.00 $ 5,680.00 to E ?i=-i4,680:00P 15 PROJECT MANAGEMENT 1600 $ 110.00 to $ 110.00 S -:1,760.00 to S 15RHONE 'r�;,., .,,,, �...-.:: _x .. ..`-AL2 5.'. _,-:7512 -ioi $- ...,,,,.87500.$ ., .`-:35.00 :io' zS -`:' vtfns '575) 175 i TRUCKING-: ,-_,. _ .... ,zi=4.00.Ss: :-8500 to, $ - ,�&5iD0.S�,._.. :340.00 'to'2?.`a3w .., 00` 5340) 18 DUMPSTERS 1.00 S 250.00 to S - 25. S '':'Z50.00 to $_ --.�ZSQ:QO: $250{ 19 CLEANUP 8.00 S SEW to E 85.0 $ ':--680.00 to 20 TESTING AND SPECIAL INSPECTIONS 1.00 S 500.00 to $ 500.00 S --:.500.00 to S, 2^ 500A0.: 21 TRAVEL 1.00 S 75.00 to $ 75.00 S -:75.00 to It agar=-17500 22':<JOB Sf7E'OFF7CE EQUIPMENT 200, S.�.�_,,,<6250 to.. $ts.,.«,t,,�:6250 S LL=:;125.04, .to.:.#:x <.,. �i;1#k- 5125} 23PLAN REPRODUCTION 1.00 $ 2500 to S 25.00 S :;:25M to S 24 SAFETY INSPECTIONS 3.00 S 110.00 to S 110.2 $ 33(100 to $ '5::330,001: 25 GENERAL LIABILITY 5.75 S 6200 to $ 74.00 S '9,jqr356.50 to S ,425:50'. 26 ARCHITECTURAL!ENGINEERING FEES not included not inciuded to not included -not included to ;..not Included 27 BOND not included not included to not included _not included to ;'not inclUded 28 BUILDERSRISK not included not mduded to not included not included to 29 WINTER CONDITIONS not slduded not included to not mcYuded :--Trot included to -+nod maiuded �r 30 CONTRACTORS FEE 0.05 $ 58,835.00 to $ 70,071.00 S 2,941.75 to _..tea-r==3,503,55: $1.154.5) SUBTOTAL BUILDING#5 CORRECTIONS $ 61,788.25 to S, •73,569.051 524,244.5) 9,324.55 CONSTRUCTION CONTINGENCY J MISC. mnsWctim cot�0 ex 1 13 10.0 )01 to $ 10.0W 00 S 16,02.00 to SUBTOTAL CONSTRUCTION CONTINGENCY/h1ISC. $ `.10,000.00 to ,S? ORDINANCE 1097 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE, BY AMENDING THE ZONING MAP OF THE CITY TO REZONE CERTAIN PROPERTY WITHIN THE AP- AGRICULTURAL PRESERVATION DISTRICT BY ADDING THEM TO THE RA- ONE FAMILY RESIDENTIAL DISTRICT The City Council of the City of Stillwater,Washington County,Minnesota, does ordain: Section 1. The zoning of the subject property, location of which is legally described as: Lot 6, Block 2, Neal Meadows is hereby amended to RA, One-Family Residential. This proceeding is known as Planning Case No. 2017-40. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 3rd of October, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Page 1 of 1 September 19, 2017 p 111,watet " f ,:.....9� R S R n O F M 4 tlP�4 f '4 0 1 4 CITY COUNCIL DATE: September 11, 2017 CASE NO.: 2017-14 APPLICANT: Sterling Black, representing Fairway Development, LLC REQUEST: Permission for Planning Commission to reconsider Cul-de-sac Variance for Hazel Place FROM: Bill Turnblad, Community Development Director INTRODUCTION On September 5, 2017 the City Council approved the preliminary plat for Hazel Place. However, approval was for seven lots instead of the eight shown on the plat. The reason for the smaller number of lots was that a cul-de-sac length variance was granted by the Planning Commission in January of 2017 for this project, and the variance approval stipulated that the maximum number of lots could not exceed seven. REQUEST Sterling Black would like the City to reconsider the stipulated reduction to seven lots. The most appropriate means to accomplish this would be for the Planning Commission to hold a public hearing on the variance that established the stipulated number of lots. However, a variance can only be asked for once within a 12 month period.' And since the variance in question was granted in January of this year, reconsideration prior to January of 2018 would require City Council permission. The developer is requesting the City Council to grant that permission. COUNCIL ACTION Whether the Council chooses to grant the requested permission or not, a simple majority vote is the only action required. bt 1 Code Sec 31-204,Subd 9 Honorable Stillwater Mayor Kozlowski and members of the City Council, Thank you for the re-consideration of our variance request. On 1/11/17, we appeared before the Planning Commission to request a variance to the city's Cul-De-Sac length for future development of the property located at 1902 William Street. At that meeting we were granted an approval to the cul de sac length with conditions. We have attached a copy of the minutes for your convenience. Before we went through the process of re-engineering the project to reduce the unit count and reapply for plat approval,we desired to make certain that the cul-de-sac length would be acceptable to the city and applied for a variance to the cul-de-sac ordinance. As part of the submittal,Westwood Engineering prepared a quick sketch designed to show the general plan for the neighborhood and the approximate cul-de-sac length for review. The plan they created showed an illustrative concept of seven single family lots, but this was done without any planning study or engineering. Our variance request had no reference to a development plan or the density of the neighborhood only cul de sac length. During the review at the planning commission, neighbors raised a concerns about getting this concept approved, then building duplexes once approval was granted. In an attempt to satisfy the neighbors' concerns about the potential of replacing the single family development with duplexes, maintaining the character of the neighborhood, city staff added the caveat that development plans shall be 'substantially similar'to the Concept plan on file with seven lots. We unfortunately did not have opportunity to discuss the condition or offer any opinions at the meeting. We knew that we did not intend to build duplexes and knew that whatever we brought forward would be substantially similar, so we agreed to the variance. After completing the engineering and working with city and the watershed, the cul-de-sac was redesigned and extended into the site to comply with city development ordinances. The result was the current Hazel Place Preliminary Plat submittal with 8 single family lots. The 8 lot development plans meets the current and future zoning ordinances for RB and RA. We are attempting to complete a project that aligns with the vision of the city and the neighborhood and we humbly appreciate the reconsideration and approval of the variance request for 8 single family lots as shown on the Preliminary Plat for Hazel Place on file with the city. Comments and concerns from Public Hearing of Variance. 1. Cul de sac length not really the issue it is the density w/duplex lots. Six other cul de sac in city with similar situations. 2. Public Safety—concerned about a choke point with 14 lots. Staff has previously indicated Public Safety has no real concerns length of cul de sac. Six other neighborhoods have same situation. 3. Duplex lots not in harmony with character of neighborhood. 4. Parcel has unusual circumstances (hardships)with site conditions and watershed setback requirements. 5. Neighborhood in agreement with single family zoning and lot sizes fitting in with existing neighborhood character. 6. Variance approval was not tied to development initially until staff and PC chairman suggested it be tied to something like rezoning parcel or limit it to 7 single family lots. 7. Motion entertained and PC approved the variance to the cul de sac length with condition that the development shall be similar to the Concept Plan on file with 7 single family lots. Encls—Minutes from January 11, 2017 Planning Commission Meeting Planning Commission January 11, 2017 Chairman Kocon opened the public hearing. James Purcell, 2001 Hazel Court, challenged whether the Planning Commission's vision for the City is high rise buildings. He feels there is no rationale for allowing four stories on this site. Chairman Kocon closed the public hearing, Community Development Director Turnblad said there is no property zoned CBD that was not originally covered with the height overlay district. The three lots, when redeveloped for the parking ramp,were rezoned for CBD but staff forgot to include the height overlay so 25 feet is allowed without the height overlay. Motion by Commissioner Collins, seconded by Commissioner Fletcher, to recommend that the City Council deny Case No. 2016-43, Zoning Map Amendment to include certain adjoining parcels in the Height Overlay District zone for the property located at 107 Third Street North. All in favor, 5-0. Case No. 2016-46: Zoning Text Amendment to require site planreview of certain development projects in the Central Business District, City of Stillwater, applicant. Community Development Director Turnblad stated that current City Code does not require fon-nal review when buildings downtown are converting from one use to another.However,these conversions can have a significant impact upon public infrastructure, especially for larger buildings. Therefore,the City Council directed Planning Department staff to develop a draft site plan review ordinance for larger building conversion projects in the downtown area. There are 22 properties downtown that are 20,000 square foot or larger, which would be the subject of the ordinance. He reviewed the draft ordinance and proposed permit process. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hansen, seconded by Commissioner Collins, to recommend that the City Council approve Case No. 2016-46, Zoning Text Amendment to require site plan review of certain development projects in the Central Business District, with the added condition that the Council consider granting approval authority to the Commission. Motion passed 5-0. Case No. 2016-49: Variance to the re wired len0h of a cul-de-sac for the _plMerty located at 1902 William Street North. Sterling Black, d aicant, ✓ _ _M9pq_ An�_ppl_ City Planner Wittman explained that in order to construct more than a single duplex on these (nearly) seven acres,the property owner is requesting a variance of 510' to allow for a 235' long cul-de-sac to be constructed off of the Hazel Street right-of-way. The new road would continue to intersect with Hazel Court approximately 875' from the intersection of Hazel Street and North Fifth Street. While a previous development plat, commonly referred to as Hazel Place Villas, was approved for the site in 2007, amendments to the original development plat failed to gain City approval in 2015. This was largely due to the Planning Commission's interpretation of the starting measurement point for the length of a cul-de-sac, The Planning Commission determined the measurement should start at the intersection of Hazel and North Fifth Street, as opposed to starting at the Hazel Street intersection, and therefore the development of 20 new single family parcels should not be permitted on this site. The Page 6 of 8 Planning Commission January 11, 2017 City Council upheld the decision made by the Planning Commission, The property owner proposes a new concept plan which would include the development of only seven single family lots and an 875' cul-de-sac, 235' of which is on the property owned by the applicant. Staff finds the variance is in harmony with the general purposes and intent of the zoning code, is consistent with the Comprehensive Plan, and that the property owner has established practical difficulty. Staff recommends conditional approval. Sterling Black, 188 View Road, Mahtomedi, applicant,stated that in 2007 a project was approved for 10 twin homes and that approval still exists. In 2015,he came back with a proposal for 19 units which generated concerns over density, That proposal was denied based on cul-de-sac length. In order to reduce density and fit with neighborhood desires, he cut 2/3 of the cul-de-sac and eliminated some infrastructure costs to make it work with fewer units. If tonight's proposal is denied, he could either 1) go forward with the 20 unit twin home project or 2)build a single family home or two. Chairman Kocon opened the public hearing. Brian Larson,2008 Hazel Court,thanked the developer for coming back with an improved plan which goes a long way toward making it fit the neighborhood. He would support the proposal if it were developed as seven single family lots but he could not support duplexes, doubling the density. He feels the approval could be conditioned in a way to assure that it would be a single family development and attach that condition to the title so it will stay with the property. Ken Harycki, 2004 Hazel Court, thanked Mr. Black for listening to the neighbors' suggestions about the previous proposal.He would like to bind the property to be developed as seven single family homes with some sort of covenant on the title or some other mechanism. James Purcell,2001 Hazel Court,reflected that the purpose behind a limitation on cul-de-sacs is public safety. With a 235' addition to the existing cul-de-sac, if there were 14 units, there would be a choke- point problem with emergency vehicles getting in. The property should be developed as single family homes. Tim Sinclair, 14411 Dellwood Road, said he enjoys the wild, but realizes there are development pressures. He is skeptical of the classic bait and switch where a developer comes in and gains approval and then switches the plan. He would support the seven single family proposal 100%. Pat Lockyear, 2001 Hazel Court, thanked Mr. Black for thinking that smaller is better and accommodating the neighbors. He would like the approval to go with the land, Sonja Larson, 2008 Hazel Court, said she supports her neighbors and is grateful to Mr. Black for making the proposal better. She supports having single family homes on the property and would like the approval to go with the title to to the property to ensure it will remain single family. Mary Harycki,2004 Hazel Court,reminded the Commission that originally,the Planning Commission did not recommend approval of the first project,the 22 twin homes. She would love to see the property rezoned to RB L Debbie Sinclair, 14411 Dellwood Road, reported she was very happy to see Mr. Black's plans. Her only concern is that the proposal could change with the next person who owns the property. She feels it should be rezoned to single family to avoid any future issues. Page 7 of 8 Planning Commission January 11, 2017 Chairman Kocon closed the public hearing, Community Development Director Turnblad pointed out that staff is recommending approval with a condition that specifically says the plans that come in for development must be substantially similar to those on file for seven single family homes. It runs with the property. Commissioner Hansen stated that the property owner already has approval to put 10 duplexes on this property but he doesn't want to do that. He feels the current proposal is a much better plan. Chairman Kocon acknowledged that seven single family homes would have less impact than 14. Mr. Tumblad suggested the Commission could amend the recommended condition of approval to include the statement that the project shall contain no greater than seven single family lots. Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to approve Case No. 2016-49, variance to the required length of a cul-de-sac for the property located at 1902 William Street North, amending the recommended condition of approval to state 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."Motion passed 5-0. NEW BUSINESS There was no new business. STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to adjourn the meeting at 10:25 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary Page 8 of 8 MEMORANDUM To: Mayor and City Council 9XI From: Shawn Sanders, Director of Public Works Date: September 29, 2017 Re: Marine Circle Lift Station Project Project 2017-07 DISCUSSION Bolton& Menk, Inc. the City's consultant for the Marine Circle Lift Station Project has completed plans and specifications for the project and is ready to advertise for bids. This project will consist of replacing the existing wet well —drywell design with new submersible lift station. The bid will be published October 6'h and 13th in the Stillwater Gazette and QuestCDN.com for 3 weeks. The bids will be opened on October 27, 2017 and presented to the City Council on November 7, 2017, RECOMMENDATION It is recommended.that Council approve plans and specifications for the Marine Circle Lift Station Project and order advertisement for bids for the project, ACTIQNjRI���UIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2017- APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE MARINE CIRCLE LIFT STATION PROJECT, PROJECT 2017-07. APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2017 MARINE CIRCLE LIFT STATION IMPROVEMENT PROJECT 2017-07 WHEREAS, the City has approved Bolton and Menk Inc. to prepare the plans and specifications for the Myrtle Street Lift Station Improvement and the City Engineer has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The consultant, Bolton & Menk, Inc. is ordered to prepare and cause to be inserted in The Gazette and online and Quest CDN advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and at Quest CDN and, shall specify the work to be done, shall state that bids will be received by the City Clerk until, October 27, 2017 at 10:00 a.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on November 7, 2017, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10)percent of the amount of the bid. Adopted by the Council this Yd day of October 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk MAGNUSON LAWFIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAN STREET • SUITE#202 ^ STILLWATER,MN 55082 TELEPHONE: (651)439-9464 • FAx: (651)439-5641 www.MAGNusoNLAwFnm.com DAVID T.MAGNUSON JAQUELINE R.FOGAL DTMAGNUSON@MAGNUSONLAwFIRNLCOM 1RFOGAL@MAGNUSONLAwFiRNi.COM MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, City Attorney DATE: September 28, 2017 RE: Right of Entry to Grade The Developer would like to begin the demolition of the former Associated Eye building and do at least a rough grading of the entire site upon which the development will be built. At this point, the only condition that must be satisfied before a closing can occur on the parcel the city will be selling, is a finalization of a Parking Use Agreement for the public use of the parking deck in the ramp that will be built. A draft of that Agreement has been reviewed by staff and sent to the Developers for review, and is almost, but not completely ready to submit to the council for their consideration. At this point however, staff sees little risk in allowing this grading to occur and therefore we submit this draft of a right of entry for your consideration. Dave 11�agnuson David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite#260 Stillwater,MN 55082 Phone- 651-419-94614 Cell Phone: 651-492-0997 Fax: 651-439-5641 APPROVAL OF PERMISSION TO ENTER (RIGHT OF ENTRY) FOR MIDNIGHT REAL ESTATE GROUP BE IT RESOLVED, by the City Council of Stillwater, MN that the Permission to Enter (Right of Entry) for the grading and tree removal for the North Main Street Hotel by Midnight Real Estate Group, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED,that the Stillwater City Council authorize the Mayor and City Clerk to sign the Permission to Enter document on the City's behalf. Adopted by the City Council of the City of Stillwater this 3rd day of October, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk PERMISSION TO ENTER The undersigned City of Stillwater (City) owner of real property described in exhibit A (the "Property"), hereby grants to MIDNIGHT REAL ESTATE GROUP, (The Developer)by its employees, agents and contractors, a Right of Entry effective this 3rd day of October, 2017,to go in, around, or upon the Property, for the purpose of Grading and tree removal on areas not covered with asphalt. This Right of Entry may be revoked at any time upon written notice sent to the Developer V,' Ulf i R.Y. IN WITNESS WHEREOF, By Mayor of Stillwater Attest City Clerk EXHIBIT A Parcel I : 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: All 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 0 Board of Commissioners WW�kgt�n Fran Miran District 1 Stan Karwoski,District 2 Odt"r ter" BOARD AGENDA FYI Gary Kriesel,District 3 Karla Bigham,District 4 OCTOBER 3, 2017 —9.00 A.M. Lisa Welk,Chair,District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility orfunction of Washington County Government,whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins andgive it to the County Board secretary or the County Administrator. The County Board Chair will askyou to come to the podium,state your name and city ofresidence,and presentyour comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individuals presentation if it becomes redundant,repetitive,overly argumentative,or if it is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar—Roll Call Vote 4. 9:10 Public Health and Environment—Stephanie Souter, Senior Planner Resolution—Schedule a Public Hearing for October 24, 2017 to Consider Adoption of Washington County Buffer Ordinance #201 5. 9:15 General Administration—Molly O'Rourke, County Administrator 6. 9:25 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 oj'discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 9:40 Adjourn 9. 9:45-10:10 Board Workshop with Property Records and Taxpayer Services—Jennifer Wagenius,Director Provide Demonstration of Assistive Voting Technology 1.0:15-11:15 Legislative Committee Meeting Assistive M1CsMnt �dawkas ora ava"No for use in Mo County Board Room EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR OCTOBER 3, 2017 The following items are presented for Board approval/adoption:. DEPARTMENT/AGENCY ITEM Administration A. Approval of September 12, 2017 County Board Meeting Minutes. B. Approval to appoint Lee Miller as the Education Representative on the Workforce Development Board to a first term expiring June 30, 2020. C. Approval to appoint Key-C Green, Woodbury to the Child Protection Citizen's Review Panel to a partial first term expiring June 30, 2019. D. Approval of revised Meal, Mileage, and Other Authorized Expense Reimbursement for County Commissioners Policy#6008. Public Health E. Approval of resolution certifying to the county auditor unpaid county and Environment environmental charges and order the county auditor to extend the assessments with interest upon the tax rolls of the county. 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. AssisIt,ltsfsioiapaYavl�+as aie sWaWa for use in the�'ounty f9asrct Room EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER " Board of Commissioners Fran Miron,District 1 �� Stan Karwoski,0Wrict Y OAIW AGE DA Gary Kriesel,EPMstrict; SEPTEMBER�R 6i 2017 9:00 A.M. KWelk,lChak,Mstrict 5 ?' FYJ Btl�,�..�air,DkStrgCt.'}' 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 mustfill out a comment card before the meeting begins andgive it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium,state your name and city ofresidence,and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant,repetitive,overly argumentative,or ifit is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar—Roll Call Vote 4. 9:10 Community Development Agency—Melissa Taphorn, Deputy Executive Director Approval of the 2016 Consolidated Annual Performance and Evaluation Report for Submission to the U.S. Department of Housing and Urban Development 5. 9:15 Public Works—Joe Welter, Senior Building Services Project Manager A. Approval of Contract No. 11216 with Hagen, Christensen&McIlwain Architects for $380,000 for the Washington County Wildwood Library Project B. Approval of Contract No. 11215 with Hammel,Green and Abrahamson,Inc.for$631,000 for the Washington County Park Grove Library Project 6. 9:25 General Administration—Molly O'Rourke, County Administrator A. Resolution—Certifying the Proposed Property Tax Levy Payable 2018 for Washington County B. Resolution—Certifying the Proposed Property Tax Levy Payable 2018 for the Washington County Regional Railroad Authority C. Resolution—Adopting the Washington County 2018 Proposed Budget D. Resolution—Adopting the Washington County Regional Railroad Authority 2018 Proposed Budget E. Resolution—Consenting to the Proposed Property Tax Levy Payable 2018 for the Washington County Community Development Agency 7. 9:55 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. 8. Board Correspondence 9. 10:10 Adjourn 10. 10:15-10:45 Board Workshop with Administration—Colin Kelly, Senior Planner Update on the Comprehensive Plan 10:50 Finance Committee Meeting Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR SEPTEMBER 26, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of September 5, 2017 County Board Meeting Minutes. B. Approval to appoint Stephen Schmaltz, Forest Lake, to the Comfort Lake-Forest Lake Watershed District to a second term expiring September 21,2020. C. Approval of county comment letter on the draft Downtown Stillwater Plan, which will become a chapter of Stillwater's Comprehensive Plan. Accounting and Finance D. Approval of resolution declaring intent to reimburse expenditures from the proceeds of tax exempt bonds to be issued by the county in 2019. E. Approval to establish capital project fund 458 and debt service fund 358 for fiscal management pertaining to the 2019 general obligation bond issuance for capital improvement plan projects. Community Services F. Approval of sub-grantee agreement between Solid Ground(formerly East Metro Women's Council) and Washington County in the amount of$129,140 for the period July 1,2017 through June 30,2019 for Family Homelessness Prevention and Assistance Program funds. Property Records G. Approval of an amendment to the software maintenance and support agreement and Taxpayer Services between Washington County and West Central Indexing,LLC for the maintenance and support of the property records management system. H. Approval of resolution setting aside twenty percent of the net proceeds from the tax forfeited land sale fund to the county park fund for the acquisition and maintenance of parks and recreational areas. Sheriffs Office 1. Approval of a resolution of an agreement with Dakota County, pursuant to Minnesota Statutes 373.02, for temporary housing of detainees in the event of a continuity of operation plan activation. J. Approval of an amendment, pursuant to Minn, Stat. 373.02, for the food services agreement between CBM Managed Services and Washington County extending the term and increasing cost per meal. K. Approval of a grant agreement between Washington County and the City of Afton in the amount of$100,000 and authorize its execution pursuant to Minn.Stat.373.02. 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,=o,1,==ry the County Board Room EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER