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HomeMy WebLinkAbout2019-05-21 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING May 21, 2019 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1.Certificate of Appreciation & Presentation of Retirement Plaque to Tim Peltier ‐ RESOLUTION 2.Heritage Preservation Commission Awards V.OPEN FORUM ‐ the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VI.STAFF REPORTS 3.2019 Flood Information 4.Police Chief 5.Fire Chief 6.City Clerk 7.Community Development Director – Water Street Inn Request 8.Public Works Director 9.Finance Director 10.City Attorney 11.City Administrator VII.CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12.May 7, 2019 regular, recessed and closed session meeting minutes 13.Payment of Bills 14.October 9, 2018 Joint City Council and Planning Commission Workshop meeting minutes 15.Heritage Preservation Commission Member Appointment 16.CPC Case No. 2019‐17 to consider Ordinance Amendment repealing City Code Section 32‐1, Subdivision, Subd. 10, Forms. Notice was published in the Stillwater Gazette on Friday, April 26, 2019 – Ordinance 2nd Reading 17.St. Croix Valley Recreation Center & Lily Lake Arena Management Agreement Renewal 18.Chilkoot Café Wine & Strong Beer Liquor License for New Owner 19.Stillwater Middle School Off‐Site Gambling application 20.Stillwater Library IT Services Agreement 21.2019 Municipal Recycling Grant Distribution Agreement 22. Service on a Shoe String Contract Renewal 23. Compromise Agreement for the 2017 Stillwater Assessment Appeal 24. Sanitary Sewer Adjustments VIII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 25. Case 2019-11 to consider a request by Randall Benson, property owner representative and the Goodman Group, for the consideration of a Final PUD, Preliminary Plat and Final Plat, for phase II of The Lakes of Stillwater Property. Notice was published in the Stillwater Gazette on Friday, April 12, 2019 – 3 RESOLUTIONS IX. UNFINISHED BUSINESS 26. CPC Case No. 2019‐05 to consider amending the Short Term Home Rental Ordinance. The purpose of the amendment is to clarify existing language and to make minor procedural changes. Notice was published in the Stillwater Gazette on Friday, March 15, 2019. – Ordinance 2nd Reading 27. Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways. – Ordinance 2nd Reading 28. Lowell Park Utility Box Mural Project 29. Issuance of Conduit Revenue Bonds for Long Lake Villas ‐ RESOLUTION X. NEW BUSINESS 30. Brown’s Creek Riparian Shading Project License Agreement 31. Winter Parking Restrictions on Union Alley – RESOLUTION 32. Summer Tuesday’s 2019 Event 33. Authorize Feasibility Study for Neal Avenue Street Improvement Project – RESOLUTION 34. Authorize Feasibility Study for 2020 County Road 5 Improvement Project ‐ RESOLUTION XI. COUNCIL REQUEST ITEMS 35. Lift & Loop Bridge Celebration XII. CLOSED SESSION 36. Pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding 107 Chestnut Street East XIII. ADJOURN Stillwater Heritage Preservation CommissionAnnual Council Update and Awards PresentationAmy Mino, HPC ChairBrian Larson, HPC Past Chair 2018 MilestonesNational Preservation Act –52 Years OldStillwater HPC –45 Years OldCertified Local Government –30 Years OldStillwater Commercial Historic District –27 Years Old HPC Purpose HPC Purpose City Code Section 22‐7Safeguard the city's heritage by preserving sites and structures which reflect elements of the city's cultural, social, economic, political, visual or architectural history;Protect and enhance the city's appeal and attraction to residents, visitors and tourists and serve as a support and stimulus to business and industry;Enhance the visual and aesthetic character, diversity and interest of the city;Foster civic pride in the beauty and notable accomplishments of the past; andPromote and preservation and continued use of historic sites and structures for the education and general welfare of the city's residents. 2018 Accomplishments2040 Comprehensive Plan Historic Resources Chapter Three‐Phase Work PlanActionable Items (12)Approved 33 Design PermitsFour New ConstructionThree Public Improvement ProjectsTwo DemolitionDistributed 109 Appreciation PostcardsWater Pipe ReplacementPorch ReconstructionFoundation RepairsTwo Commissioners and One Staff Attended Statewide Historic Preservation Conference in Winona 2019 Work PlanUpdate HPC‐Enabling OrdinanceIncludes review/modification to City’s Demolition Review OrdinanceConduct Hersey Bean Invasive Vegetation RemovalNorthern Bedrock Historic Preservation CorpsDraft Bergstein Building Business PlanPotential Public/Private Partnership with Chamber, CVB and other local, state, and national agenciesDevelop Historic Resources Study of the Lowell Park PavilionPotential Partnership with Stillwater Rotary Groups 114 Linden Street WestMargaret Collins & Jesse HanawaltResidential Addition 435 Broadway Street SouthMark and Jennifer KoegelResidential Addition 207 Pine Street EastDave and Deb PeterkaConservation District Infill 310 Main Street SouthJill and Justin KaufenbergCommercial Storefront Reconstruction .. --· .. • 232 Main Street NorthHotel CrosbyDowntown Design Review District Infill 402 Main Street SouthElevage Development GroupHistoric Structure Adaptive Reuse Robert “Bob” GoodmanPersonal Contributions DEPRTENT NEWS ri AGRICULTUREOF 5/21/2019 MDA to fight gypsy moth in parts of Lakeville and Stillwater on Thursday, May 23 Residents around treatment area will notice low-flying airplane St. Paul, MN:The Minnesota Department of Agriculture (MDA) is planning to treat two areas in the Twin Cities metro area, one in the Lakeville area and another in Stillwater,to eradicate gypsy moth infestations detected in those areas last fall. Officials plan to conduct the aerial treatments on Thursday, May 23, starting as early as 5:15 a.m.The Stillwater area will be treated first.This is dependent on weather conditions at the time. The MDA uses a low-flying airplane which will be traveling up to a half mile outside the treatment areas as it navigates through the gypsy moth infestation sites.The MDA apologizes for any inconvenience caused by the noise of the plane. This is the first of two aerial applications of Foray/Bacillus thuringiensis var. kurstaki(Btk) over each of the areas. The second will take place in 5-10 days. Btk is a biological product that is organic certified for food crops. It has no known health effects for humans, pets, birds,fish, livestock, bees, and other non-caterpillar insects. To help area citizens stay informed,the MDA has set up an Arrest the Pest Info Line at 1-888-545-MOTH with the latest details about treatment dates and times. On the morning of the treatments, residents can call the phone number with any questions they may have. Simply press 0 (zero)to speak to someone. The MDA's website (www.mda.state.mn.us/gmtreatments) also has information about gypsy moths and control efforts, and residents can sign up for email or text updates about treatment progress. Finally, the MDA offers the following tips to residents in the treatment area: • For the gypsy moth treatment to work, it must begin early in the morning.Treatments may begin as early as 5:15 a.m. Residents in and around these treatment areas may be awakened on that day by the noise of a low-flying airplane. The MDA apologizes for any inconvenience. • The treatment product has no known health effects for humans, but residents may wish to stay indoors during the treatment and keep windows closed for a half hour after application. Residents can cover gardens or turn on sprinklers during the treatment if they wish. • The residue does not cause damage to outdoor surfaces. However, soapy water will remove any residue on outdoor items. Treatment areas: Lakeville:A 133 acre area in Lakeville and Scott County's Credit River Township that runs along the western border of Lakeville and straddles Judicial Road (the county boundary). The majority of the treatment block (106 acres) is located in Lakeville with the remaining 27 acres in Credit River Township. Stillwater:A 633 area in the southwest corner of the city approximately from Highway 36 on the south to 75th Street North on the north, and Manning Avenue on the west to Stillwater Boulevard and Olive Street West on the east. Gypsy moths are among America's most destructive tree pests, having caused millions of dollars in damage to Eastern forests.The moths are now threatening Minnesota. If present in large numbers,gypsy moth caterpillars can defoliate large sections of forest. Oak, poplar, birch and willow are among their preferred hosts. The moths spread slowly on their own, but people can unintentionally help them spread by transporting firewood or other items on which the moths have laid their eggs. ### Contact Allen Sommerfeld, MDA Communications 651-201-6185 allen.sommerfeld@state.mn.us WATER ST'REET --' ...._...._, r ,'. INN (ro •...-;;..,·-· '-., •· '-"-/ '-.// '• ,, ' ,, ' ''''l' May 21, 2019 To: From : Re: Dear Bill, Bill Turnblad, Community Development Director Chuck Dougherty, Water Street Inn Use of Parking Lot #5 We are excited to announce that the top of the clock tower for our new addition will be an-iving on Wednesday, May 22nd. It will be great to watch this get assembled and then lifted into place. I have been made aware of a little problem; we need a space to assemble this rather large steel structure . I'm asking if it would be possible for us to rent parking lot #5 from May 22nd till May 31st to use as an assembly and staging area for the top of the tower. Thank you for your consideration of this last-minute request. Innkeeper Page 1 LIST OF BILLS Accela Inc Monthly UB web payments 654.85           Ace Hardware Supplies 168.07           AE2S Construction City Hall Project 438.90           Ainsbury Robert Refund planning escrow 3,500.00        Aspen Mills Badges & Uniforms 1,244.38        AutoNation Auto repair 810.77           Batteries Plus Bulbs Batteries 196.30           Becker Fire Safety Services LLC Equipment repair supplies 129.30           BHE Community Solar Solar Garden 5,038.73        BlueCross BlueShield of MN Inc. COBRA & Retiree Health Ins 3,164.00        Bolton and Menk Inc. Lift station eval 250.00           Briggs Professional services 5,000.00        Business Data Record Services Document destruction services 172.80           Century College Training 564.00           Cintas Corporation Uniform & mat cleaning 299.39           Clifton LarsonAllen LLP Audit 5,500.00        Comcast Internet 184.25           Computer Integration Technologies IS Developer 270.00           Cub Foods Grocery 7.96                Dynamic Fire Protection City Hall Project 5,151.85        ECM Publishers Publications 71.25             Emergency Medical Products First aid supplies 397.41           Enterprise FM Trust Lease vehicles 5,940.20        Evident Inc. Evidence supplies 108.89           Fastenal Company Equipment repair supplies 2,196.92        Felsch Chris Reimburse for rifle optics from Cabelas 4,859.88        Flaherty & Hood P.A Job eval points ‐ Permit Tech/Admin Asst 250.00           Frontier Ag & Turf Alternator 428.76           Gertens Wholesale Hyvar 1 Gal 482.76           Goodyear Commercial Tire Tires 470.47           Grafix Shoppe Graphic for 2019 Dodge Durango 97.88             Hanson Steve Reimburse for shipping costs 5.35                Heritage Printing Inc. Utility billing envelopes 526.00           Hoisington Koegler Group Inc Comprehensive plan update 2,612.50        Hugo Equipment Company Equipment repair supplies 286.98           Joshs Paint Repair Painting 617.50           Junker Brad Reimburse for Bike Rodeo expenses 188.17           Kelly & Lemmons PA Prosecution 8,240.00        Kwik Trip Inc Fuel 18.98             Lano Equipment Equipment repair supplies 63.22             League of MN Cities Workers Comp Claim 1,948.98        Lemoine Chyrisse Reimburse for bike rodeo prizes from Target 16.54             LeVander Gillen Miller PA Professional services 15,947.29     Lincoln National Life Insurance Co COBRA Life Insurance 12.60             Loffler Companies Copier Lease 2,142.20        Page 2 Madden Galanter Hansen LLP Labor Relations Services 912.00           Mansfield Oil Company Fuel 8,496.87        Marty Larson Training Refund of Conditional Use Permit 525.00           McDaniel Law & Policy Government relations services 6,250.00        MCFOA Membership 45.00             Menards Supplies 2,244.70        Metro Area Mgmt Association Luncheon 25.00             Metropolitan Council Wastewater Charge 153,390.29   Middle St Croix Watershed  WMO Watershed Management payment 41,074.86     Miller Excavating Street sweepings & Class 5 911.46           Mitchell Ryan Reimburse for bike rodeo food from Costco 22.02             MN Chiefs of Police Assoc. Permits to acquire a handgun 109.90           MN Pollution Control Agency Hazardous waste fees 260.12           MnFIAM Book Store Training materials 1,200.00        MOCIC Anual Conference Training 450.00           Multi‐Regional Training Center BLS Provider eCard 96pk 528.00           NAC Mechanical and Electrical Services City Hall Project 29,008.25     Office Depot Office supplies 97.58             Olsen Cheryl Park Fee refund 50.00             OnSite Sanitation Portable Restroom 182.00           Overhead Door Co Equipment repair 743.40           Pro‐Tec Design Door key cards 6,428.78        Pullen Annette Marie Therapy 90.00             Quill Corporation Office supplies 87.11             Safe Fast Inc Safety can 323.80           Sentinel MN LLC Muzzle devices 9,144.00        Simplifile LC Filing fee 200.00           Siyoum Nigist Refund Park Fee 100.00           St. Croix Boat and Packet Co. Dock Space Lease 2,666.67        Stillwater Motor Company Vehicle service 65.98             Stillwater Rotary Club Membership 190.00           SW/WC Service Cooperatives COBRA & Retiree Health Insurance 62,760.66     T.A. Schifsky and Sons Asphalt 1,208.68        Taylor Electric Lighting at Lily Lake & Northland Parks 32,575.00     Thomson Reuters Information Charges 146.20           Titan Machinery Shakopee Wheel assy 1,980.50        Toll Gas and Welding Supply Cylinders 43.92             Total Parking Solutions Inc. Receipt paper 355.00           Tri‐State Bobcat Equipment repair supplies 380.45           US Bank Paying Agent Fees 1,900.00        Valley Trophy Inc. Plaque 13.00             Voyant Communications Phone 521.74           Washington County Recorder Assessing Service Fee 113,864.94   Winnick Supply Supplies 289.24           Page 3 REC CENTER Ace Hardware Equipment repair supplies 163.97           Advance Auto Parts Equipment repair supplies 87.35             AE2S Construction Dome Project 96,665.39     Ammonia House Inc. Equipment repair supplies 2,191.54        Batteries Plus Bulbs Core return (108.00)          Becker Arena Products Ice graphics 1,112.72        Cintas Corporation Mat cleaning service 103.00           Comcast Internet 109.85           Corval Constructors Ice rink compressors 11,594.04     Ebert Construction Dome Project 80,481.92     Ice Skating Institute Supplies 60.00             Jaytech Inc Microbicide 414.11           Kraus‐Anderson Dome Project 35,734.22     Lindstrom Solar LLC Solar Energy 11,730.54     Menards Equipment repair supplies 164.26           Metro Sheet Metal Inc Dome Project 3,040.00        Riedell Shoes Inc. Skates 257.18           St. Croix Boat and Packet Co. Arena Billing 61,393.43     The Retrofit Companies Equipment repair supplies 399.95           Wasche Commercial Finishes Dome Project 92,699.34     LIBRARY Brodart Co Processing Supply 2,996.39        Cintas Corporation Mat & towel cleaning service 63.84             Comcast Internet/Wifi 188.06           Culligan of Stillwater Water 36.45             Danielson Susie Volunteer Recognition (Reimbursement) 302.09           Ebsco Publishing Materials 267.69           Friends of the Stillwater Public Library Friends Reimbursement: April Sales 163.50           Hedin Sue Staff Reimbursement 99.00             Master Mechanical Inc. Ambient Control/Unit One Repairs 4,494.18        Menards Janitorial Supplies 98.50             Midwest Tape Materials 1,338.78        Office of MN IT Services Phone 138.50           Pioneer Press St. Paul Materials 771.28           Page 4 ADDENDUM MANUALS Century College Training 6,100.00        Century Link Telephone 43.04             Comcast TV Internet & Voice 373.72           Group Medicareblue RX April COBRA Retiree Prescriptions Ins 2,752.50        Postmaster Utility billing postage 2,854.98        Verizon Wireless Wireless services 2,403.25        CREDIT CARDS 4Imprint Coffee mug with patch design 454.24           Active911 Inc Renewal 520.00           Amazon.com Materials 775.96           Artstuff.net Rectangles drafting template 9.33                BCA Training & Auditing Training 525.00           Breezy Point Resort Lodging for BCA missing person conference 71.95             Chem Systems LTD Pallet racking for attic stock storage 475.00           Coleman Company PDF's for flood 585.15           Eastern Oregon University Training 734.40           Ebay Hub caps 132.66           Eventbrite 10K Lakes seminars for Abbi & Graham 250.00           Fleet Farm Counter brackets 3rd fl & magnets for doors 2nd fl 117.31           GoDaddy.com Planning web hosting fee 21.17             Grand View Lodge Lodging for MCMA Conference 253.42           GTS Educational Events MCMA Leadership Conference 520.00           Hobbylinc.com Circle drafting templates 12.84             MN Government Finance Officers Membership 50.00             NREMT Renewal fee 15.00             T‐Mobile USA Warrent info on cell phone 85.00             University of MN CCE Registration Shade Tree Course 460.00           Washington County Dept of Public Food vending license ‐ volunteers 30.00             Wireless ProTech Cell phone cases 95.84             LIBRARY CREDIT CARDS Amazon.com Tech Processing Supplies 478.72           American Library Association Supplies 36.78             Lowell Center Conference ( Angie) 234.00           TOTAL 993,262.73   Page 5 Adopted by the City Council this 21st Day of May, 2019   TO: Mayor and City Council FROM: Tom McCarty, City Administrator DATE: May 17, 2019 SUBJECT: Issuance of Conduit Revenue Bonds by the City of Stillwater for Multifamily Affordable Housing Project / Long Lake Villas BACKGROUND Tim Nolde of Long Lake Villa II, LLLP and Long Lake Villa II, LLC, has approached the City of Stillwater regarding the issuance of conduit revenue bonds by the City for a multifamily affordable housing project known as Long Lake Villas. Long Lake Villas is located at the northwest quadrant of the intersection of Hwy 5 (Stillwater Blvd) and Curve Crest Blvd. The project consists of acquisition and renovation of an existing approximately 59‐unit multifamily affordable housing facility. The anticipated amount of the proposed revenue bond is $13,000,000. Catherine Courtney of Briggs & Morgan is serving as bond counsel for the City of Stillwater on this project and has included a background letter that more fully explains the conduit revenue bonding proposal. Minnesota statutes authorize cities to issue revenue bonds for the financing of multifamily housing developments and the bonds do not apply against the City’s $10,000,000 bank qualified bonding capacity. Issuance of these bonds by the City does not constitute a debt or liability for the City. The redevelopment project will assist in maintaining 59 affordable housing units in the City of Stillwater. City staff recommends City Council approve the resolution calling for a public hearing on a proposal for a housing finance program and giving preliminary approval to the issuance of housing facility revenue bonds to finance a multifamily housing project pursuant to Minnesota law. Further staff also recommends that a one‐time issuer administration fee of ½ of 1% of the REVISED    Page 2 principal amount of the bonds actually issued be charged by the City, payable at closing of the bond sale. ACTION If the City Council agrees with the proposal to issue conduit revenue bonds for the Long Lake Villas Multifamily Affordable Housing Project, the Council should approve the attached Resolution Calling For A Public Hearing On A Proposal For A Housing Finance Program And Giving Preliminary Approval To The Issuance Of Housing Facility Revenue Bonds To Finance A Multifamily Housing Project Pursuant To Minnesota Law. 11746260v1 Catherine J. Courtney (612) 977-8765 ccourtney@briggs.com May 15, 2019 BY E-MAIL Tom McCarty City Administrator City of Stillwater 216 4th Street N Stillwater, MN 55082-4807 Re: Issuance of Conduit Revenue Bonds by the City of Stillwater for Multifamily Affordable Housing Project known as Long Lake Villas Dear Mr. McCarty: This letter is provided to follow-up on discussions that we have had regarding the City of Stillwater (the “City” or “Issuer”) acting as the issuer of multifamily housing development bonds (the “Bonds”) to finance the acquisition and renovation of an existing approximately 59- unit multifamily housing facility, known as Long Lake Villas, for low- and moderate-income individuals and families located at several different addresses, all in the City, at the request of Long Lake Villa II, LLLP, a Minnesota limited liability limited partnership (the “Borrower”), with Long Lake Villa II, LLC, a Minnesota limited liability company, as the general partner. Briggs and Morgan, Professional Association would act as bond counsel on the issuance of such Bonds. Dougherty & Company, LLC will act as underwriter or placement agent. State and federal laws allow local government units to enter into arrangements to issue bonds and loan the proceeds to private developers to finance or refinance affordable housing projects. This assistance reduces borrowing costs for such borrowers and enables them to provide affordable housing for the residents of the City more cost effectively. It is a fairly common means of obtaining necessary financing for such projects. Oftentimes such projects will also take advantage of low-income housing tax credits, which I believe is anticipated with this project. To accomplish this purpose, the Issuer will enter into a Loan Agreement with the Borrower under which the Borrower will agree to pay all principal and interest on the Bonds. The Issuer will assign all of its rights to payments under the Loan Agreement to a lender or trustee and loan the purchase price of the Bonds directly to the Borrower. The Issuer is merely a conduit and the money and obligations flow only between the lender or trustee and the Borrower. 11746260v1 Tom McCarty May 15, 2019 Page 2 The Bonds and the resolutions adopted by the Issuer will recite that the Bonds, if and when issued, will not to be payable from or charged upon any of the Issuer’s funds, other than the revenues received under the Loan Agreement and pledged to the payment of the Bonds, and the Issuer is not subject to any liability on the Bonds. No holder of the Bonds will ever have the right to compel any exercise by the Issuer of its taxing powers to pay any of the principal of the Bonds or the interest or premium thereon, or to enforce payment of the Bonds against any property of the Issuer except the interests of the Issuer in payments to be made by the Borrower under the Loan Agreement. The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer, except the interests of the Issuer in payments to be made by the Borrower under the Loan Agreement. The Bonds are not moral obligations on the part of the State or its political subdivisions, including the Issuer, and the Bonds will not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation. The issuance of the Bonds will not affect the Issuer’s credit rating on bonds it issues for municipal purposes. Unlike the 501(c)(3) bonds that the City is familiar with, multifamily housing development bonds are not applied against the City’s $10,000,000 calendar year-limit on bank- qualified bonds. Therefore, the City may issue the Bonds, which are currently anticipated not to exceed $13,000,000, while still maintaining its ability to issue up to $10,000,000 of bank- qualified bonds for itself or 501(c)(3) organizations. The City’s one-time issuer administration fee ½ of 1% would be calculated based on the principal amount of the Bonds actually issued. The Bonds will be issued in accordance with Minnesota Statutes, Chapter 462C. An application for volume cap allocation will be made to Minnesota Management and Budget (“MMB”) later this summer. Prior to that, the City must adopt an inducement resolution, which will be included with the application. Such resolution will also allow the Borrower to reimburse itself out of Bond proceeds for costs incurred prior to the issuance of the Bonds. For that purpose, the sooner the resolution is adopted, the better. A copy of the proposed inducement resolution is enclosed and it is proposed that it be adopted by the City Council at its May 21st meeting. Following the award of an allocation by MMB, the Issuer will also hold a public hearing on the housing program. The housing program will be submitted to the Metropolitan Council for its review. As the schedule for the overall transaction has not yet been determined, instead of setting a specific date for the public hearing at this time, the proposed inducement resolution grants the City Administrator the authority to set the public hearing date at an appropriate time. Briggs and Morgan will be responsible for submitting the public hearing notice to the newspaper and the housing program to Met Council. 11746260v1 Tom McCarty May 15, 2019 Page 3 Please feel free to contact me if you have any further questions or comments. I’m sure the Borrower appreciates the consideration of the City in this matter. Very truly yours, Catherine J. Courtney CJC Enclosure 11725428v1 2 RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF HOUSING FACILITY REVENUE BONDS TO FINANCE A MULTIFAMILY HOUSING PROJECT PURSUANT TO MINNESOTA LAW, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING WHEREAS, Minnesota Statutes, Chapter 462C (the "Act"), confers upon cities, the power to issue revenue obligations to finance multifamily housing developments within the boundaries of the city; and WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has received a proposal from Long Lake Villa II, LLLP, a Minnesota limited liability limited partnership (the "Borrower"), with Long Lake Villa II, LLC, a Minnesota limited liability company, as general partner that the City assist in financing a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") to be issued in 2019 pursuant to the Act; and WHEREAS, the City desires to facilitate the maintenance and development of multifamily rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development and maintenance of housing facilities designed for occupancy by persons or families of low and moderate incomes; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives; and WHEREAS, the Project to be financed by the Bonds consists of acquisition and renovation of an existing approximately 59-unit multifamily housing facility for low- and moderate-income individuals and families located at 2725 and 2775 Saddle Court, 1255, 1260, and 2845 Brewers Lane, 1255 Pond View Lane, 2825 Long Lake Drive, 1167 Parkwood Lane, and 6322 Stillwater Blvd. N., all in the City (the "Project"). The Borrower will be the owner and operator of the Project; and WHEREAS, no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; and WHEREAS, before proceeding with final consideration of the request of the Borrower it is necessary for the City to hold a public hearing on the housing finance program and proposal pursuant to the Act: 11725428v1 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby resolves as follows: 1. A public hearing on the housing finance program and proposal of the Borrower will be held at the time and place as determined by the City Administrator and as set forth in a Notice of Public Hearing substantially in the form attached hereto as Exhibit A. 2. The general nature of the proposal and an estimate of the principal amount of Bonds to be issued to finance the proposal are described in the attached form of Notice of Public Hearing. 3. A draft copy of the housing finance program with proposed forms of all attachments and exhibits shall be on file in the office of the City Administrator on the date the Notice of Public Hearing is published. 4. The City Administrator is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing with such changes as required or approved by Bond Counsel. 5. The City hereby gives preliminary approval to the proposal of the Borrower that the Borrower undertake the Project, and the City undertake the program of financing therefor, pursuant to the Act, consisting of financing the acquisition and renovation of the Project pursuant to the Borrower's specifications and to a loan agreement between the City and the Borrower on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds to be issued in a total principal amount not to exceed $13,000,000 pursuant to the Act to finance the Project; and said agreement may also provide for the entire interest of the Borrower therein to be mortgaged to the purchasers of the Bonds, or a trustee for the holder(s) of the Bonds; and the City, acting by and through the City, hereby undertakes preliminarily to issue its Bonds in accordance with such terms and conditions. 6. At the option of the City, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Borrower. 7. On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes a multifamily housing development within the meaning of subdivision 5 of Section 462C.02 of the Housing Program Act; that the availability of the financing under the Housing Program Act and the willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the construction of new multifamily rental housing opportunities to residents of the community, and to promote more intensive development and use of land within the community. 11725428v1 4 8. The Project and the program to finance the Project by the issuance of revenue obligations, are hereby given preliminary approval by the City subject to holding a public hearing thereon and final approval by the City, the Borrower, and the purchasers of the Bonds as to ultimate details of the financing of the Project. 9. Briggs and Morgan, Professional Association, acting as bond counsel, is hereby directed to prepare a housing program for financing the Project in accordance with the provisions of Minnesota Statutes, Section 462C.03. 10. The Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion will be paid by the Borrower. 11. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with Borrower and the purchaser of the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval. 12. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such property as may be expressly pledged for the security of the Bonds. The Bonds shall recite in substance that the Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 13. Subject to final approval of the Project by the City and in anticipation of the approval by all necessary entities of the housing program and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the Borrower is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Borrower considers necessary, including the use of interim, short term financing, subject to reimbursement from the proceeds of the Bonds, if any, when delivered but otherwise without liability on the part of the City. 11725428v1 5 Adopted by the City Council of the City of Stillwater, Minnesota, this 21st day of May, 2019. _______________________________________ Ted Kozlowski, Mayor ATTEST: _________________________ Beth Wolf, City Clerk 11725428v1 A-1 EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE A MULTIFAMILY HOUSING DEVELOPMENT NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota (the "City"), will meet in the City Council Chambers of City Hall, 216 4th Street N, in the City of Stillwater, at 7:00 p.m. on Tuesday, ____________ __, 2019, to consider a housing finance program of the City and the proposal of Long Lake Villa II, LLLP, a Minnesota limited liability limited partnership (the "Borrower"), with Long Lake Villa II, LLC, a Minnesota limited liability company, as general partner, that the project described below be assisted by the issuance of housing revenue bonds under Minnesota Statutes, Chapter 462C. The "Project" consists of the acquisition and renovation of an existing approximately 59- unit multifamily housing development known as Long Lake Villas located at 2725 and 2775 Saddle Court, 1255, 1260, and 2845 Brewers Lane, 1255 Pond View Lane, 2825 Long Lake Drive, 1167 Parkwood Lane, and 6322 Stillwater Blvd. N., all in the City. The Project will be owned and operated by the Borrower. The Project consists of approximately the following units: Units Square Footage Estimated Initial Rents 14 – 2-bedroom/2 bath 900 $900–1,250 9 – 2-bedroom/2 bath townhome 1,400 $1,300–1,600 36 – 3-bedroom/2 bath 1,183 $1,000–1,450 The maximum aggregate estimated principal amount of the Bonds or other obligations to be issued in one or more series to finance the Project pursuant to the housing finance program will be approximately $13,000,000. Subsequent to approval of a housing finance program, the City may issue revenue obligations to finance the housing finance program. The Bonds or other obligations, as and when issued, will not constitute a charge, lien, or encumbrance upon any property of the City, or its housing and redevelopment authority, except the Project and the revenues to be derived from the Project. Such Bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by the Borrower pursuant to a revenue agreement. A draft copy of the housing finance program is available for inspection at City Hall during normal business hours. At the time and place fixed for the public hearing, the City Council of the City will give all persons who appear at the hearing an opportunity to express their views with respect to the housing finance program and proposal. Written comments will be considered if submitted at the above City office on or before the date of the hearing. Date: Signed: Beth Wolf, City Clerk Published: 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING May 21, 2019 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Certificate of Appreciation & Presentation of Retirement Plaque to Tim Peltier ‐ RESOLUTION 2. Heritage Preservation Commission Awards V. OPEN FORUM ‐ the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. 2019 Flood Information 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Director 8. Public Works Director 9. Finance Director 10. City Attorney 11. City Administrator VII. CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12. May 7, 2019 regular, recessed and closed session meeting minutes 13. Payment of Bills 14. October 9, 2018 Joint City Council and Planning Commission Workshop meeting minutes 15. Heritage Preservation Commission Member Appointment 16. CPC Case No. 2019‐17 to consider Ordinance Amendment repealing City Code Section 32‐1, Subdivision, Subd. 10, Forms. Notice was published in the Stillwater Gazette on Friday, April 26, 2019 – Ordinance 2nd Reading 17. St. Croix Valley Recreation Center & Lily Lake Arena Management Agreement Renewal 18. Chilkoot Café Wine & Strong Beer Liquor License for New Owner 19. Stillwater Middle School Off‐Site Gambling application 20. Stillwater Library IT Services Agreement 21. 2019 Municipal Recycling Grant Distribution Agreement 22. Service on a Shoe String Contract Renewal 23. Compromise Agreement for the 2017 Stillwater Assessment Appeal 24. Sanitary Sewer Adjustments VIII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 25. Case 2019-11 to consider a request by Randall Benson, property owner representative and the Goodman Group, for the consideration of a Final PUD, Preliminary Plat and Final Plat, for phase II of The Lakes of Stillwater Property. Notice was published in the Stillwater Gazette on Friday, April 12, 2019 – 3 RESOLUTIONS IX. UNFINISHED BUSINESS 26. CPC Case No. 2019‐05 to consider amending the Short Term Home Rental Ordinance. The purpose of the amendment is to clarify existing language and to make minor procedural changes. Notice was published in the Stillwater Gazette on Friday, March 15, 2019. – Ordinance 2nd Reading 27. Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways. – Ordinance 2nd Reading 28. Lowell Park Utility Box Mural Project 29. Issuance of Conduit Revenue Bonds for Long Lake Villas ‐ RESOLUTION X. NEW BUSINESS 30. Brown’s Creek Riparian Shading Project License Agreement 31. Winter Parking Restrictions on Union Alley – RESOLUTION 32. Summer Tuesday’s 2019 Event 33. Authorize Feasibility Study for Neal Avenue Street Improvement Project – RESOLUTION 34. Authorize Feasibility Study for 2020 County Road 5 Improvement Project ‐ RESOLUTION XI. COUNCIL REQUEST ITEMS XII. ADJOURN Cayo~ g tiQQwate1t, uUhutegota Ce1tti~icate o~ cApp1teciation p1teget1ted to RESOLUTION 2019-062 'Iimotfiy Peftier WHEREAS, 'Jim Peftie.r is retiring from fiis yosition as Paid; On- Ca{{, :firefighter for tfie City of Sti{{water :fire 'Deyartment, effective :Jvlay 12, 2019. NOW THEREFORE, BE IT RESOLVED, 6y tfie City Counci{ of tfie City of Sti{{wr;iter, :Jvlinnesota, tfiat for fiis service to tfie City of Sti{{water, 'Jim is fiere6y commended for serving tfie City for 25 years. Tfie Counci{ extends tfieir ayyreciation for fiis dedicated service. BE IT FURTHER RESOLVED, tfiat tfie City C{erk is fiere6y autfiorizea and directed to enter tfiis Certificate of Jlyyreciation uyon tfie officia{ record" of tfie Counci{ and" to aefiver a certified" coyy thereof to 'Jim Peftie.r. Jlaoyted 6y tlie City Counci{ tfiis 21st day of :Jvtay, 2019. uUayo1t 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 7, 2019 REGULAR MEETING 4:30 P.M. Vice Mayor Polehna called the meeting to order at 4:34 p.m. Present: Vice Mayor Polehna, Councilmembers Collins, Junker and Weidner (arrived at 4:42) Absent: Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders Finance Director Provos City Clerk Wolf OTHER BUSINESS Property Lease Proceeds Designation City Administrator McCarty stated that one of the City’s funds, which holds the proceeds of certain lease arrangements, is designated for Lowell Park improvements. Because the City has acquired other properties along the river which will require improvements, staff recommends changing the designation so the fund may be used on any of the City’s riverfront properties. Vice Mayor Polehna suggested staff research whether proceeds from the recent resale of the Curve Crest Villas property, which he believes was originally purchased with park dedication money, may be put into this fund as well. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2019‐056, approving designation of certain City of Stillwater property lease proceeds previously committed to Lowell Park Improvements now to be committed to Aiple Park, Bridgeview Park and Lowell Park Improvements. All in favor. July 4th Celebration City Administrator McCarty briefed the Council on plans for Stillwater’s 2019 July 4th Celebration. RES Pyrotechnics has submitted a proposal for fireworks for $48,800 which is included in the 2019 Special Events budget. The City has budgeted $10,000 in donations and $6,000 has been committed to date. Ancillary requests for funding include: bands in Lowell Park, St. Croix Jazz Orchestra in the Pioneer Park bandshell, and Civil War cannons on Mulberry Point. Total costs for this event are approximately $60,000 including fireworks. Last year total costs for the event were about $56,000. Staff requests that the Council approve the contract with RES Pyrotechnics and the additional activities and associated costs. City Council Meeting May 7, 2019 Page 2 of 9 Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019‐057, approving contract with RES Pyrotechnics for Stillwater fireworks at the 2019 Stillwater 4th of July Celebration. All in favor. Motion by Councilmember Junker, seconded by Councilmember Collins, to allocate the requested funding for the St. Croix Jazz orchestra, Civil War cannons, and Lowell Park music for the 4th of July Celebration. All in favor. St. Croix River Lift & Loop Celebration Update Vice Mayor Polehna summarized plans for the community celebration being planned in conjunction with the reopening of the Lift Bridge September 27 & 28, 2019. A committee of representatives from Minnesota and Wisconsin organizations has been formed. September 27 there will be a ribbon cutting on the bridge, a dinner extending all the way across the bridge with local rotary groups and elected officials serving, and a street dance. On September 28, there will be an attempt to set the world record for the number of people holding hands around the whole loop trail (“Hands Across the Croix”). This will take about 6,200 people. There will be other activities during the day. STAFF REPORTS Public Works Director Sanders informed the Council that the dik e along Lowell Park is being removed. Sandbags are being moved to the North Main parking lot and will be available for free. On May 16 staff will meet with Homeland Security Emergency Management personnel to discuss possible reimbursement for the $384,000 spent on flood fighting efforts. Police Chief Gannaway stated the annual bike rodeo at Lakeview Stillwater Medical Group main campus will be May 11. City Clerk Wolf reported that the North Star Grand Prix bike race lost its funding and was cancelled. Community Development Director Turnblad conveyed that staff is seeking direction from the Council regarding the Washington County Historical Society representative seat on the Heritage Preservation Commission (HPC). However, he has heard from Councilmember Collins about a possible solution, so this discussion will be postponed. Mr. Turnblad also indicated that staff has applied for grants to hire a consultant to assist with reviewing the City Code sections pertaining to the HPC, with the goal of cleaning up code inconsistencies including demolition regulations. A special meeting between the HPC and City Council is planned for some time in June. He also stated that staff has prepared a draft Rural Residential District for the Minar neighborhood. A neighborhood meeting was held on April 22. The draft district will be finalized and public hearings will be scheduled. Also, the first draft of the sign ordinance has been completed; it will go to the City Attorney, the Planning Commission and then the Council. He congratulated the City Planner on completing her master’s degree in public administration. Councilmember Junker asked Public Works Director Sanders what is planned for the downtown light poles that were cut off; and Mr. Sanders replied that Public Works Superintendent Moore had some ideas on how to decorate the poles over the summer City Council Meeting May 7, 2019 Page 3 of 9 months. Some of the poles will be removed and replaced. Staff is working on getting quotes from a consultant to help the City look at a downtown lighting plan. City Administrator McCarty reminded the Council of the League of Minnesota Cities Annual Conference June 26‐28 and Law Enforcement Memorial Day May 15. Vice Mayor Polehna recessed the meeting at 5:03 p.m. for a tour of City Hall. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:07 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Public Works Director Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Council Service Awards to Aimee Pelletier (Downtown Parking Commission); Robert Goodman, Angie Hadrits & Elizabeth Welty (Heritage Preservation Commission); Claire Sand (Human Rights Commission); Bill McGlynn & Rob McGarry (Parks & Recreation Commission); Jenna Fletcher & Anne Siess (Planning Commission) Mayor Kozlowski read the Council Service Awards for retiring Commissioners and thanked them for their service. OPEN FORUM There were no public comments. GreenStep Cities Update Sheila Maybanks reported on the work of the GreenStep Cities committee. She urged the Councilmembers to review the information Planning employee Graham Tait has compiled. CONSENT AGENDA April 16, 2019 special and regular meeting minutes Payment of Bills Retail Fireworks Permit for Target and Cub Foods Norman Quacks New Liquor License Knights of Columbus Temporary Liquor License City Council Meeting May 7, 2019 Page 4 of 9 Stillwater Dog Park Water Service 2019 Hardcourt Reconstruction Project Stillwater Country Club Drainage Improvement Project Cooperative Agreement East Metro Public Safety Training Facility Agreement Sanitary Sewer Adjustments Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2019‐05 to consider amending the Short Term Home Rental (STHR) Ordinance to clarify existing language and to make minor procedural changes. Community Development Director Turnblad reviewed the proposed amendment. He stated that the Planning Commission recommended approval and requested that the Council consider raising the fines and license fees, and requiring criminal background checks. Staff recommends approval of the first reading of the revisions. If the Council finds increased fines, fees and criminal background checks necessary, staff will include that in the second reading document. Mayor Kozlowski asked if background checks on applicants are done now, and do other cities do background checks; and Mr. Turnblad answered he did not find any other cities in this area that do background checks on STHR applicants or that associate fines with complaints. Stillwater has had two complaints in three years, both on the same rental. The issues were corrected with no further complaints. City Attorney Land stated that in other communities, a conviction that might be tangentially related to the business, for instance any type of person‐related conviction, could be considered a disqualifying event but it must have occurred within the past five years. On a question by Mayor Kozlowski about the terms for license revocation; Mr. Turnblad answered that the issue comes to the Council after the third offense and the Council decides whether to revoke the license for six months. Councilmember Weidner inquired if registered sex offenders are prohibited from holding these licenses; and Mr. Turnblad stated they could be, but are not currently prohibited from holding a STHR license. Criteria for each type of license may be different. For example, with a Type C license, the guests never see the owner. But with a Type A, the host/owner is there when guests are there. Councilmember Weidner stated that anyone who has access to the building might be a concern, depending on the severity of an offense. He does not know if theft should be a disqualifying factor, but granting a STHR license to a sexual predator or registered sex offender would be more alarming. His biggest concern is determining appropriate criteria for disqualification. Mayor Kozlowski noted that it could be determined right now without background checks whether any current license holders are registered sex offenders. City Council Meeting May 7, 2019 Page 5 of 9 City Attorney Land pointed out that many cities have rental license ordinances and there is a commonly accepted list of disqualifying offenses. She argued that theft should be on the list because it’s a crime of dishonesty. Councilmember Junker stated he would like to see disqualifying offenses added to the ordinance as a safeguard for guests. On a questions by Councilmember Weidner if every occupant of the residence would need a background check, and what about juvenile record checks; Ms. Land replied it should be the property manager, owner, any adult who has access to the keys to the property, but not including juveniles. Councilmember Polehna remarked that $250 does not seem like much of a deterrent. He thinks it would cost more to enforce. Mr. Turnblad stated he does not think the fine itself is the deterrent. The bigger deterrent is the risk of losing the license for six months. Councilmember Collins pointed out if a property owner loses their license, someone else may have the license by the time they reapply. Councilmember Weidner stated he would like to see the license fees and fines cover the cost of the administration and the process, if applicable, of enforcing the regulations. Councilmember Junker stated he considers Stillwater to be a model for other cities. He applauded staff for fine tuning it the ordinance. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt first reading of an Ordinance amending and renumbering Short Term Home Rental Regulations in the Stillwater City Code, with direction to bring the draft ordinance back with additional information. All in favor. A public hearing to consider ordering the improvement and preparing plans and specifications for the 2019 Sidewalk Rehabilitation Project, Project 2019‐06. Public Works Director Sanders reviewed the project. There are 50 properties with sidewalk repair proposed, mostly in the downtown area. The estimated construction cost of the sidewalk portion is $86,767. It is proposed to assess 50% of the sidewalk costs at a rate of $8.85 per square foot. The remaining share would be paid for by the City. Construction would occur over the summer with the assessment hearing in October. Staff recommends the improvement be ordered and bids advertised. Councilmember Weidner asked if appraisals are needed to justify assessments. Mr. Sanders stated the City has not done appraisals on sidewalk projects in the past. City Attorney Land stated that, with sidewalks, it’s pretty safe to wait until there is an appeal and then order an appraisal if needed. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. City Council Meeting May 7, 2019 Page 6 of 9 Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt Resolution 2019‐058, Ordering Improvement and Preparation of Plans and Specifications for the 2019 Sidewalk Rehabilitation Project (Project 2019‐06). All in favor. NEW BUSINESS 2019 Sidewalk Rehabilitation Project ‐ approve plans & specs and authorize advertisement of bids Public Works Director Sanders stated that plans and specifications for the 2019 Sidewalk Rehabilitation Project are completed. Staff recommends approval of the plans and specifications and authorize advertisement for bids. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2019‐060, Approving plans and specifications and ordering advertisement for bids for 2019 Sidewalk Rehabilitation Project (Project 2019‐06). All in favor. PUBLIC HEARINGS CONTINUED A public hearing to consider Ordinance Amendment repealing City Code Section 32‐1, Subdivision, Subd. 10, Forms, CPC Case No. 2019‐17. Community Development Director Turnblad reviewed proposed amendments to City Code Section 32‐1, Subdivision Code. The proposed Ordinance includes removal of Subd. 10, Forms, as these are not required to be codified and the City’s Subdivision Forms are maintained administratively. Staff recommends approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt first reading of an ordinance amending Article 32‐1, Subd. 10, Forms, of the City Code of the City of Stillwater. All in favor. 2040 Comprehensive Plan to review comments assembled during the 6 month jurisdictional review period and to adopt the Plan. Community Development Director Turnblad stated that the six month review period for the draft 2040 Comprehensive Plan ended on April 18, 2019. Comments from adjacent communities included no major concerns, only minor issues that were able to be addressed. Staff expects to hear from the Metropolitan Council that the City will have to more aggressively address the inflow and infiltration of stormwater and groundwater into the sanitary sewer treatment system. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Councilmembers Polehna and Collins thanked those who were involved in the effort. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2019‐059, a resolution authorizing the submittal of the Stillwater 2040 Comprehensive Plan update draft to the Metropolitan Council as required by Minnesota State Law (Metropolitan Land Planning Act). All in favor. City Council Meeting May 7, 2019 Page 7 of 9 UNFINISHED BUSINESS Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways. Community Development Director Turnblad explained proposed amendments to City Code Section 33‐5, Minimum Standards for Construction and Reconstruction of Driveways. The proposed Ordinance includes: 1) Establishing the maximum residential driveway width of 16’ between the property line and the back of curb; and 2) esta blishing a minimum standard for paver driveways. Staff recommends approval of the ordinance. Councilmember Polehna suggested 16’ is too narrow. 16’ should be a minimum with a maximum of 20’. Mr. Turnblad stated currently, a maximum of 16’ is required only in one zoning district. In other districts there are no standards. The goal is to limit the amount of impervious surface in a yard. Mayor Kozlowski pointed out the City already has impervious surface restrictions. There should be a limit for driveways but he does not really care whether it’s 16’ or 20’. Motion by Councilmember Polehna, seconded by Councilmember Junker, to table adoption of an ordinance amending City Code Section 33‐5, Minimum Standards for Construction and Reconstruction of Driveways and direct staff to look at average driveway widths around town. All in favor. NEW BUSINESS CONTINUED Annual Boards & Commissions Appointments City Clerk Wolf told the Council that six commissions had two or more members whose terms ended May 1, 2019. Applications were received and interviews were conducted. She presented the recommendations to fill the commission appointments. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the appointments to the Downtown Parking Commission, Heritage Preservation Commission, Human Rights Commission, Parks & Recreation Commission, Planning Commission and the Traffic Safety Review Committee. All in favor. St. Croix Crossing Half Marathon Event City Clerk Wolf explained a proposed new event called St Croix Crossing Half Marathon, which is planned to begin in western Wisconsin, cross over the new bridge, run north along the river on the loop trail and finish by the historic lift bridge. The finish line is on the loop trail between parking lots 2 and 3 south of the lift bridge. Th e event will reserve parking lots 3 and the northern portion of lot 2 for the post‐event activities. The event was reviewed by the Downtown Parking Commission March 21. Because City policy p rohibits the reservation of on‐street parking spaces on Main Street, the course was switched to the new loop trail. The organizer then had a discussion with the St. Croix Boat and Packet company and determined there would be too much congestion on the trail. Therefore the organizer submitted a third proposal to modify a portion of the race route. They would like to move the runners back onto Hwy 95 from the Oasis to the north entrance of parking lot #1. A public meeting occurred on March 21 and no public showed nor sent in any comments. The City Council Meeting May 7, 2019 Page 8 of 9 event with the second proposed route was reviewed on April 22 b y the Parks and Recreation Commission. They would like the trail to remain open to the public during the event. Concerned with the congestion of the St Croix Boat and Packet Company, City staff recommended the race finish at the Shoddy Mill buildings in Bridgeview Park. The organizer responded there is not enough space there for their finish line and activities. Any associated City costs and fees will be invoiced and due July 5, 2019. Stacy Einck, Run Stillwater, stated after meeting with the Parks and Downtown Parking Commissions, the final finish line proposal is a hybrid of other options. She explained the route. She stated she has obtained the MnDOT Permit for partial use of Hwy 95. They request approval for the July 27 race. Police Chief Gannaway stated staff issues have been addressed. Councilmember Collins asked how many runners are anticipated; and Ms. Einck replied 1,000 ‐ 1,500. Councilmember Weidner acknowledged that some of the downtown businesses have been concerned in the past about what they consider high season events, indicating they do not need additional traffic during those times. Ms. Einck commented the race will be done by 11:00 a.m. They have met with the downtown business association and they’ve been very supportive and excited about this event. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the St. Croix Crossing Half Marathon July 27 with the course as proposed. All in favor. Parking Restriction on Second Street North Public Works Director Sanders stated that improvements are planned for Second Street North from Laurel Street East to Wilkins Street East this summe r. Since Second Street North is a State Aid Street, the City is required to follow requirements in the design/construction of the street. State Aid standards for a 32 foot wide street are for two travel lanes and one parking lane. Therefore, the City would be required to restrict parking on one side of the street. Staff recommends that parking be restricted on the west side of Second Street North from Laurel Street East to Aspen Street. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019‐061, approving parking restrictions on S.A.P. 169‐106‐008 (Second Street North) from Laurel Street East to Aspen Street in the City of Stillwater, Minnesota. All in favor. COUNCIL REQUEST ITEMS Councilmember Collins thanked the volunteers who helped with the rain garden clean‐out at Lily Lake. Mayor Kozlowski informed the Council that May 29 is the hundredth anniversary of the patent submission for the popup electric toaster which was invented in Stillwater. CONVENE TO CLOSED SESSION Motion by Councilmember Weidner, seconded by Councilmember Polehna, to convene to closed session Pursuant to Minn. Stat. §13d.05, Subd. 3(C) to discuss attorney‐client privileged City Council Meeting May 7, 2019 Page 9 of 9 communication regarding 121 Chestnut Street East. All in favor. The meeting was convened to closed session at 8:15 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty , City Attorney Land, Community Development Director Bill Turnblad and Attorney Peter Mikhail of LeVandar, Gillen & Miller, P.A. Motion by Councilmember Junker seconded by Councilmember Collins to re‐open the meeting. ADJOURNMENT Motion by Councilmember Junker seconded by Councilmember Collins to adjourn. All in favor. The meeting was adjourned at 9:13 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐056, approving designation of certain City of Stillwater property lease proceeds previously committed to Lowell Park Improvements now to be committed to Aiple Park, Bridgeview Park and Lowell Park Improvements Resolution 2019‐057, approving contract with RES Pyrotechnics for Stillwater fireworks at the 2019 Stillwater 4th of July Celebration Resolution 2019‐058, Ordering Improvement and Preparation of Plans and Specifications for the 2019 Sidewalk Rehabilitation Project (Project 2019‐06) Resolution 2019‐059, a resolution authorizing the submittal of the Stillwater 2040 Comprehensive Plan update draft to the Metropolitan Council as required by Minnesota State Law (Metropolitan Land Planning Act) Resolution 2019‐060, Approving plans and specifications and ordering advertisement for bids for 2019 Sidewalk Rehabilitation Project (Project 2019‐06) Resolution 2019‐061, approving parking restrictions on S.A.P. 169‐106‐008 (Second Street North) from Laurel Street East to Aspen Street in the City of Stillwater, Minnesota Page1 LISTOFBILLS AccelaInc MonthlyUBwebpayments 654.85 AceHardware Supplies 168.07 AE2SConstruction CityHallProject 438.90 AinsburyRobert Refundplanningescrow 3,500.00 AspenMills Badges&Uniforms 1,244.38 AutoNation Autorepair 810.77 BatteriesPlusBulbs Batteries 196.30 BeckerFireSafetyServicesLLC Equipmentrepairsupplies 129.30 BHECommunitySolar SolarGarden 5,038.73 BlueCrossBlueShieldofMNInc. COBRA&RetireeHealthIns 3,164.00 BoltonandMenkInc. Liftstationeval 250.00 Briggs Professionalservices 5,000.00 BusinessDataRecordServices Documentdestructionservices 172.80 CenturyCollege Training 564.00 CintasCorporation Uniform&matcleaning 299.39 CliftonLarsonAllenLLP Audit 5,500.00 Comcast Internet 184.25 ComputerIntegrationTechnologies ISDeveloper 270.00 CubFoods Grocery 7.96 DynamicFireProtection CityHallProject 5,151.85 ECMPublishers Publications 71.25 EmergencyMedicalProducts Firstaidsupplies 397.41 EnterpriseFMTrust Leasevehicles 5,940.20 EvidentInc. Evidencesupplies 108.89 FastenalCompany Equipmentrepairsupplies 2,196.92 FelschChris ReimburseforrifleopticsfromCabelas 4,859.88 Flaherty&HoodP.A JobevalpointsͲPermitTech/AdminAsst 250.00 FrontierAg&Turf Alternator 428.76 GertensWholesale Hyvar1Gal 482.76 GoodyearCommercialTire Tires 470.47 GrafixShoppe Graphicfor2019DodgeDurango 97.88 HansonSteve Reimburseforshippingcosts 5.35 HeritagePrintingInc. Utilitybillingenvelopes 526.00 HoisingtonKoeglerGroupInc Comprehensiveplanupdate 2,612.50 HugoEquipmentCompany Equipmentrepairsupplies 286.98 JoshsPaintRepair Painting 617.50 JunkerBrad ReimburseforBikeRodeoexpenses 188.17 Kelly&LemmonsPA Prosecution 8,240.00 KwikTripInc Fuel 18.98 LanoEquipment Equipmentrepairsupplies 63.22 LeagueofMNCities WorkersCompClaim 1,948.98 LemoineChyrisse ReimburseforbikerodeoprizesfromTarget 16.54 LeVanderGillenMillerPA Professionalservices 15,947.29 LincolnNationalLifeInsuranceCo COBRALifeInsurance 12.60 LofflerCompanies CopierLease 2,142.20 Page2 MaddenGalanterHansenLLP LaborRelationsServices 912.00 MansfieldOilCompany Fuel 8,496.87 MartyLarsonTraining RefundofConditionalUsePermit 525.00 McDanielLaw&Policy Governmentrelationsservices 6,250.00 MCFOA Membership 45.00 Menards Supplies 2,244.70 MetroAreaMgmtAssociation Luncheon 25.00 MetropolitanCouncil WastewaterCharge 153,390.29 MiddleStCroixWatershedWMO WatershedManagementpayment 41,074.86 MillerExcavating Streetsweepings&Class5 911.46 MitchellRyan ReimburseforbikerodeofoodfromCostco 22.02 MNChiefsofPoliceAssoc. Permitstoacquireahandgun 109.90 MNPollutionControlAgency Hazardouswastefees 260.12 MnFIAMBookStore Trainingmaterials 1,200.00 MOCICAnualConference Training 450.00 MultiͲRegionalTrainingCenter BLSProvidereCard96pk 528.00 NACMechanicalandElectricalServices CityHallProject 29,008.25 OfficeDepot Officesupplies 97.58 OlsenCheryl ParkFeerefund 50.00 OnSiteSanitation PortableRestroom 182.00 OverheadDoorCo Equipmentrepair 743.40 ProͲTecDesign Doorkeycards 6,428.78 PullenAnnetteMarie Therapy 90.00 QuillCorporation Officesupplies 87.11 SafeFastInc Safetycan 323.80 SentinelMNLLC Muzzledevices 9,144.00 SimplifileLC Filingfee 200.00 SiyoumNigist RefundParkFee 100.00 St.CroixBoatandPacketCo. DockSpaceLease 2,666.67 StillwaterMotorCompany Vehicleservice 65.98 StillwaterRotaryClub Membership 190.00 SW/WCServiceCooperatives COBRA&RetireeHealthInsurance 62,760.66 T.A.SchifskyandSons Asphalt 1,208.68 TaylorElectric LightingatLilyLake&NorthlandParks 32,575.00 ThomsonReuters InformationCharges 146.20 TitanMachineryShakopee Wheelassy 1,980.50 TollGasandWeldingSupply Cylinders 43.92 TotalParkingSolutionsInc. Receiptpaper 355.00 TriͲStateBobcat Equipmentrepairsupplies 380.45 USBank PayingAgentFees 1,900.00 ValleyTrophyInc. Plaque 13.00 VoyantCommunications Phone 521.74 WashingtonCountyRecorder AssessingServiceFee 113,864.94 WinnickSupply Supplies 289.24 RECCENTER Page3 AceHardware Equipmentrepairsupplies 163.97 AdvanceAutoParts Equipmentrepairsupplies 87.35 AE2SConstruction DomeProject 96,665.39 AmmoniaHouseInc. Equipmentrepairsupplies 2,191.54 BatteriesPlusBulbs Corereturn (108.00) BeckerArenaProducts Icegraphics 1,112.72 CintasCorporation Matcleaningservice 103.00 Comcast Internet 109.85 CorvalConstructors Icerinkcompressors 11,594.04 EbertConstruction DomeProject 80,481.92 IceSkatingInstitute Supplies 60.00 JaytechInc Microbicide 414.11 KrausͲAnderson DomeProject 35,734.22 LindstromSolarLLC SolarEnergy 11,730.54 Menards Equipmentrepairsupplies 164.26 MetroSheetMetalInc DomeProject 3,040.00 RiedellShoesInc. Skates 257.18 St.CroixBoatandPacketCo. ArenaBilling 61,393.43 TheRetrofitCompanies Equipmentrepairsupplies 399.95 WascheCommercialFinishes DomeProject 92,699.34 LIBRARY BrodartCo ProcessingSupply 2,996.39 CintasCorporation Mat&towelcleaningservice 63.84 Comcast Internet/Wifi 188.06 CulliganofStillwater Water 36.45 DanielsonSusie VolunteerRecognition(Reimbursement) 302.09 EbscoPublishing Materials 267.69 FriendsoftheStillwaterPublicLibrary FriendsReimbursement:AprilSales 163.50 HedinSue StaffReimbursement 99.00 MasterMechanicalInc. AmbientControl/UnitOneRepairs 4,494.18 Menards JanitorialSupplies 98.50 MidwestTape Materials 1,338.78 OfficeofMNITServices Phone138.50 PioneerPressSt.Paul Materials 771.28 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us JOINT CITY COUNCIL AND PLANNING COMMISSION WORKSHOP MINUTES October 9, 2018 SPECIAL MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna; Planning Commission Chairman Collins, Planning Commissioners Hansen, Kocon, Lauer, Siess Absent: Planning Commissioners Fletcher and Hade Staff present: Community Development Director Turnblad City Administrator McCarty COMPREHENSIVE PLANNING PROCESS Schedule Community Development Director Turnblad stated the first draft of the Comprehensive Plan is ready to be released for a 6-month review period. He introduced Lance Bernard, Planning Consultant from the Hoisington Koegler Group. Mr. Bernard reviewed the schedule for the Comprehensive Planning process and led discussion of the main elements of each of the draft chapters. Approach Mr. Bernard described the approach involved in updating the Comprehensive Plan and working with the Advisory Committee. 2040 COMPREHENSIVE PLAN UPDATE Highlight General Requirements Mr. Bernard highlighted the general requirements for the following chapters: Sustainability and Resiliency; Land Use; Housing; Transportation; Parks and Trails; and Implementation. Mr. Turnblad added that the drafts of the Downtown and Historic Resources Chapters were prepared under separate effort. Highlight Notable Updates/Changes Made to the 2030 Plan Mr. Bernard reviewed the Sustainability and Resiliency Chapter, regarding the requirement to address solar power, renewable energy sources and sustainability strategies. He noted that much of the discussion evolved into the City’s participation in the GreenStep Cities program. Mr. Bernard stated that the Land Use Chapter aligns with the City’s population, household and employment forecasts. It addresses the requirement to demonstrate that the City on average can meet the Metropolitan Council’s target net density of five units per acre. Joint City Council and Planning Commission Workshop October 9, 2018 Page 2 of 6 On a question from Councilmember Weidner about whether the City has enough developable land to meet the forecast population density, Mr. Bernard responded that some land use categories have a higher density, for example eight units per acre, which helps with the overall average. Commissioner Siess asked if the job forecast is for full time jobs; and Mr. Bernard answered that they are not all full time jobs; the projected numbers are assigned to the City, but they could change. Mr. Bernard went further explained that the Advisory Committee looked at exploring new areas of opportunity (Highway 36, the Oak Park Elementary School site and Lakeview Hospital site). The Oak Park Elementary School site was dropped from consideration because the school district stated they have no plans to sell the site. The Advisory Committee discussed opening up the Highway 36 area for a little more flexibility for more mixed use and transit-oriented development. This is one of the bigger overarching land use changes. Councilmember Weidner asked about the present hospital and clinic site; and Mr. Bernard replied that area was previously guided for low to medium density. The Advisory Committee bumped up the density to medium density residential. Mr. Turnblad added that the Advisory Committee did not want to make it high density because it is a low density neighborhood now. Councilmember Junker referenced past discussion indicating a desire to maintain the true commercial neighborhoods in the older part of town and get away from the Special Use Permit process. Regarding the Housing Chapter, Mr. Bernard explained general requirements to document existing housing supply, policies, programs and tools, and to address future housing needs. He stated that the City must address the Met Council’s affordable housing goal to accommodate 227 units by 2030. A Housing Action Plan will need to be developed to better define the “who, what, where and when.” Councilmember Weidner asked if there is a geographic requirement to spread affordable housing throughout the community; and Mr. Turnblad responded that no, the Housing Action Plan identifies the units that could be affordable or encouraged to be affordable. Mr. Bernard added that some of the language added to the Housing Chapter involves incentivizing tools to help developers willing to do more in terms of affordable housing. Planning Commissioner Kocon recalled when the Lakeview project at Highway 36 and Manning was discussed, the campus was to include senior housing. He asked if what is labeled research and development park will include housing to help meet the affordable housing goal; and Mr. Bernard replied that is a great point. Commissioner Siess recalled discussion in the Advisory Committee about Minneapolis’s Fry- plexes done by Mayor Jacob Fry, about how they are Victorian in nature, provide a neighborhood atmosphere and are affordable for owners. She thinks this may be a way to meet the housing goals. Mr. Bernard responded that Minneapolis was considering the possibility of allowing four-plexes anywhere in the City. The recommendation in their comprehensive plan is now to allow tri-plexes anywhere with no parking requirements in order to address their housing goals. He stated Joint City Council and Planning Commission Workshop October 9, 2018 Page 3 of 6 Stillwater’s Advisory Committee did not introduce that as a recommendation, keeping in mind that if bigger changes like that are introduced, the City will need to implement zoning changes. Mr. Turnblad agreed that Stillwater would have to completely rewrite zoning for such a provision. Staff doubts that the community would favor that type of a change. It may be easier to pose the concept of allowing three-unit buildings in RB with certain conditions by Special Use Permit. Mr. Bernard went on to explain that the Transportation Chapter addresses the requirement to describe and map the existing and future systems for all modes (cars, freight, pedestrians and bicyclists), and recognize the region’s funding scenarios for roadway and transit improvements. He added that the Met Council recognizes the need, but at this time there has not been any regional funding identified for transit on this side of Washington County. The Advisory Committee agreed to advocate strongly for transit needs in the Comprehensive Plan. Councilmember Polehna stated the City should encourage a ramp at the Rec Center. Mr. Bernard reviewed the Parks and Trails Chapter and the requirement to describe, map and label the parks system facilities located in the community. The 2015 Trails Master Plan has been incorporated into this update. He stated the Chapter includes potential ideas for the Aiple Property, recognizes gaps in the park and trail system for future programming, and recognizes the community’s desire for swimming opportunities or a community facility. Councilmember Polehna suggested including Bridgeview Park with the Aiple Property. He added that there needs to be cooperation with other communities so Stillwater does not end up being the only community financing improvements. Commissioner Siess stated she heard the term swimming pool should not be used, it should be aquatic center. Also, there is a lot for little kids, but not a lot for ages 11 to 20. She would like to see more innovative things like obstacle courses etc. Councilmember Polehna suggested changing the wording to state that there is a desire for more recreational activities in Stillwater rather than a swimming pool or community facility. Councilmember Weidner asked why does Stillwater need a community facility if Oak Park Heights has it right across the highway? He is concerned about how the City could afford all of the suggested amenities. Regarding the Implementation Chapter, Mr. Bernard summarized the tools and programs in place to help implement the Comprehensive Plan, provide a capital improvement program and recognize needed zoning changes. Councilmember Weidner remarked that if the focus is out 20 years, the idea that the City is not going to go to Highway 96 seems ridiculous right now. For instance he knows of a farmstead parcel that is getting ready to make application for annexation. Mr. Turnblad replied that regardless of what is put in the land use plan, a parcel can still go through the annexation process - minor Comprehensive Plan amendments can occur as annexations are proposed. But adding that parcel in now could cause the township to question what does the boundary really mean. Joint City Council and Planning Commission Workshop October 9, 2018 Page 4 of 6 NEXT STEPS Mandatory 6 Month Review Mr. Bernard explained the six month review period for all comments, October 2018 - April 2019. The Met Council will send a letter identifying the things they would like the City to change or address and he will work with Met Council staff to do so. Public Engagement Councilmember Weidner asked for clarification on the approval process; and Mr. Turnblad explained that Planning Commission reviews the draft Plan. The Council is the final decision maker. Except for a few things, the Met Council recognizes this is the City’s plan. There are only a few aspects where they have statutory authority to request a change. Official Submittal and Adoption Mr. Bernard stated the official submittal and adoption of the Plan will occur April - May 2019. DISCUSSION Commissioner Siess pointed out that, being on the Advisory Committee, she expected to do an economic development chapter and then she read that was in the Downtown Plan. She feels the economic development section in the Downtown Plan is too focused on downtown and not enough on economic viability of the rest of the City. In addition, many of the things the Advisory Committee suggested are great ideas but are not cheap. She thinks the City can do a better job and place more emphasis on economic development. The huge emphasis on tourism does not bring in money, according to what some of the downtown business owners have told her. Mr. Turnblad replied the City did a scoping document which listed what would be spent on each of the elements of the Plan. The Council approved $17,000 for the economic development study. There was no money available for more economic development studies for the rest of the Plan. Commissioner Siess stated that the need is not more study, but for good objectives, policies and goals. She has some examples. She feels a bigger tax base will allow the City to bring in more transit and have better parks, trails and schools. Councilmember Polehna pointed out the area by the hospital will provide some economic possibilities. Mr. Bernard added it would be easy to add more goals and objectives to the Plan. Commissioner Siess stated it is not just land use, it is attracting businesses. For instance, some of the tech companies make a lot of money and bring people to town for meetings and so on. Mayor Kozlowski recognized that some cities have an economic development position that recruits and finds business opportunities. Councilmember Weidner noted that a regional group to attract tech and manufacturing was formed across the river which includes volunteers from businesses and organizations. He questioned how the City would do something similar. Joint City Council and Planning Commission Workshop October 9, 2018 Page 5 of 6 Commissioner Siess stated it was suggested to her that the Parking Commission focuses on parking not on people. It should focus on people. It was also recommended to her that the Traffic Commission should be gone because the City does not have the bridge anymore. Councilmember Weidner stated getting rid of the Parking Commission and making it more of an economic development group sounds like a good idea. Councilmember Menikheim commented that after eight years on the Council he still does not know if Stillwater is an events oriented city, a bedroom community, a suburb of the Twin Cities, or a village. The answers are all over the place. That is what this conversation is all about. It is a start. Councilmember Polehna agreed that there may be too much focus on downtown. Mayor Kozlowski stated he runs a virtual business out of his home. He asked if that is something the City should try to encourage. Councilmember Junker recalled that an elaborate study was done exploring who is coming into Stillwater to work and who is leaving Stillwater to work. Mayor Kozlowski stated he was recently at a meeting where a list of various communities’ assets, i.e. education level, etc. was reviewed and Stillwater was consistently the most attractive among communities that were there in terms of the cost of living being lower and salaries being higher than other communities. He is open to the ideas, but is not sure what the value is of attracting certain types of businesses into the City. City Administrator McCarty stated that strategic planning will take place at the Council level after the election and the new year. Combined with the branding and the logo, this may help define a framework. Councilmember Junker recalled a study done a few years ago that found Stillwater does not have the land resources for a big commercial campus. Councilmember Weidner responded that does not mean the City can’t develop certain economic drivers. Mayor Kozlowski read data from a 2016 document showing that Stillwater is below the state average for unemployment and has an equal number of jobs with low, medium and high wages. There is little cultural diversity but lots of economic diversity in Stillwater. Commissioner Kocon questioned how to generate income, adding that economic development really needs to look at redevelopment of large sites. Beyond that, all the City has room for is infill sites that may or may not impact the current tax base. Councilmember Weidner asked if the question of how to devise a focus group or economic development authority should be included in the Plan; and Mr. Bernard replied that could be included, along with a couple more goals and objectives, but it will take a lot of work to answer the questions being asked. Joint City Council and Planning Commission Workshop October 9, 2018 Page 6 of 6 ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 9:11 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Memorandum To: Mayor & City Council From: Beth Wolf, City Clerk Date: 5/16/2019 Re: Heritage Preservation Commission Appointment Robert Goodman, the Washington County Historical Society Representative on the Heritage Preservation Commission, resigned in November of 2018. Staff requested another representative from the local historical society to fill the required seat. Members were interested, however the vacant seat also required the member to be a Stillwater resident. At the last City Council meeting of May 7th, staff tabled a request to seek direction from Council on filling the seat, because a member came forward. Staff has confirmed Matt Thueson, a member of the Washington County Historical Society, and a Stillwater resident, has expressed interest in filling the seat. Staff would like to recommend Matt Thueson as the Washington County Historical Society Representative for the Heritage Preservation Commission. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Matt Thueson to the Heritage Preservation Commission. ORDINANCE _________ AN ORDINANCE AMENDING ARTICLE 32-1, SUBD. 10, FORMS, OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. REPEALER. Article 32-1, Subd. 10 of the City Code, Forms, is hereby repealed in its entirety. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: In an effort to remove unnecessary ordinances from the City Code, this ordinance repeals the list of forms required for subdivision applications from the City Code. The forms are available in the Community Development Department. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 7th day of May 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________   TO: Mayor & Council FROM: Beth Wolf, City Clerk SUBJECT: St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement DATE: May 15, 2019 The annual management agreement for the Recreation Center and Lily Lake Arena is past due for renewal. This is an annual agreement due to IRS “Safe Harbor Rules”. The facilities have been very well managed by St. Croix Caterers, Inc. since 1998 and the management fee of $35,000 per year has not risen since the beginning. All employees of the facility are employees of St. Croix Caterers and Doug Brady, the manager, does an excellent job of keeping both facilities full and sustaining the needs of the various groups. RECOMMENDATION Renew the contract at the annual rate of $35,000. ACTION REQUIRED If Council wishes to implement the staff recommendation, they should pass a motion approving the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc.   ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this 21st day of May, 2019 between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City"), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ("St. Croix"). WITNESSETH The City is the owner of the Lily Lake Ice Arena, 1208 Greeley Street S and the St. Croix Valley Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, one (1) outdoor ice rink and a multipurpose domed field house (collectively, the "Facilities"). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term 1.01 Commencing January 1, 2019 and continuing until December 31, 2019, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreeme nt, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so‐called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. Responsibilities 2.01 St. Croix's Responsibilities: a. Marketing and Promotion. St. Croix must perform all marketing a ctivities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty‐five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and in a manner to maximize the use of the Facilities so as to provide maximum revenue,   for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions"). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. g. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. j. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. l. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ("Sports Facilities Fund"). n. Collection of Revenues. St. Croix will be responsible for the collection of all   revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out, or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to t ime. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty‐four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and/or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02. City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark‐up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. h. Budget. Approve and/or amend the annual budget and work program as specified in Section 3.01.   Section 3. Budget and Revenue Reports 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2019 and ending December 31, 2019. The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2019. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty‐five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee, Additional Fees 4.01 St. Croix will be paid a fee equal to five percent (5%) of the gross revenues ("Management Fee"), not to exceed a total fee of thirty‐five thousand and no/100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no/100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5%) of the gross revenues or thirty‐five thousand and no/100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5%) of the gross revenues or thirty‐five thousand and no/100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and   confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of Management Fees Personal Services & Operating Expenses 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. Those portions of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. 6.03 The City reserves the right to contract with others to provide all or part of the concessions, and before doing so the City will meet and confer with St. Croix with regard to the nature and scope of the contract in an effort to insure that the contract is consistent with their respective interests. Section 7. Capital Improvements Equipment Repair and Maintenance 7.01 It may be desirable to consider additional capital improvements ("Additional Capital Improvements") and the purchase of additional equipment ("Additional   Equipment") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City 8.01 The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation 9.01 St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records, Reports and Practices 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default, Right to Cure, Consent to Jurisdiction and Waiver of Jury Trial   11.01 It will be an event of default ("Event of Default") hereunder if either party hereto fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or a. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice"). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re‐employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re‐ employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota.   12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity 13.01 St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, cons ultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location 14.01 If all or part of the Location is rendered untenantable by dama ge from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty‐five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty‐five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other.   Section 15. Employees 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re‐employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. §181.59, Minn. Stat. Ch. 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver 16.01 The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment 17.01 The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law 18.01 The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability 19.01 Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices   20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to St. Croix Catering: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On‐site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Majeure 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration 22.01 This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto.   IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this_______day of ___________________, 2019, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Beth Wolf, 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 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 ST. CROIX CATERERS, INC. Richard Anderson, President STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this_______day of ___________________, 2019, before me, a Notary Public within and for said County, appeared Richard Anderson to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. Notary Public   DATE: May 16, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of New Wine with Strong Beer Liquor License – Chilkoot Cafe DISCUSSION: An application for a new Wine & Strong Beer liquor license for Chilkoot Cafe has been received from the M & K Duncan, LLC. Michael Duncan purchased the business located at 826 4th Street South from Leo Styles. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval requirement before the license is issued to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a new Wine & Strong Beer Liquor License to M & K Duncan, LLC, DBA Chilkoot Cafe contingent upon satisfactory investigation, inspections, and required approvals. MINNESOTA LAWFUL GAMBLING 6/15 Page 1 of 2 LG230 Application to Conduct Off-Site Gambling No Fee ORGANIZATION INFORMATION Organization Name : Bayport American Legion License Number: 00467 Address: 263 3rd St. N. City : Bayport , MN Zip: 55003 Chief Executive Officer (CEO) Name : Richard Eder Daytime Phone : 651-773-9483 Gambling Manager Name: William Burtzlaff Daytime Phone : 651-332-4751 GAMBLING ACTIVITY Twelve off-site events are allowed each calendar year not to exceed a total of 36 days. From _§_/ __ll_j ....12..._ to _&_/ _R_/ ....12..._ Check the type of games that will be conducted: DRaffle DPull-Tabs 0Bingo D npboards D Paddlewheel GAMBLING PREMISES Name of location where gambling activity will be conducted : Stillwater Middle School Street address and City (or township): 523 Marsh St W 1 Stillwater1 MN Zip : 55082 County : WA • Do not use a post office box . • If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42) . Does your organization own the gambling premises? Oves If yes, a lease is not required. 0No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF-SITE ACTIVITY (a lease agreement is not required for raffles) Rent to be paid for the leased area : $0 (if none, write "O") All obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee . • / This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: Lessor's Signature: qJabdh~ Date: 5/10/2019 Print Lessor's Name : Elizabeth Rohrer, ACS Community Development Manager CONTINUE TO PAGE 2 LG230 Application to Conduct Off-Site Gambling 6/15 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City Name : (~1 tz; /){, _<;/ii/tr .MJ.,_Y County Name: I Date Approved by City Council: Date Approved by County Board: Resolution Number: Resolution Number: (If none, attach meeting minutes.) (If none, attach meeting minutes.) Signature of City Personnel: Signature of County Personnel: Title: ~tiy t!l&ii_ Date Signed : Title: Date Signed: TOWNSHIP NAME : Complete below only if required by the county. Local unit of government On behalf of the township, I acknowledge that the organization is must sign. applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name : Signature of Township Officer : Title: Date Signed: CHIEF EXECUTIVE OFFICER {CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as stated in this application. ~~~<f~k;~fi11rJ E/Efi. s //3/Jz Signature of CEO (must be CEO's signature; designee may not sign) Date Mail or fax to: No attachments required. Minnesota Gambling Control Board Questions? Contact a Licensing Specialist at 651-539-1900 . Suite 300 South 1711 West County Road B Roseville, MN 55113 Fax: 651-639-4032 This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form (and any If the Board does not issue a permit, all information provided remains attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organization's name and address which determine your organization's qualifications to be involved in lawful will remain public. gambling activities in Minnesota. Your organization has the right to refuse Private data about your organization are available to: Board members, to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your Board staff whose work requires access to the information; Minnesota's organization's qualifications and, as a consequence, may refuse to issue a Department of Public Safety; Attorney General; commissioners of permit. If your organization supplies the information requested, the Board Administration, Minnesota Management & Budget, and Revenue; will be able to process your organization's application. Legislative Auditor; national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies Your organization's name and address will be public information when specifically authorized by state or federal law to have access to the received by the Board. All other information provided will be private data information; individuals and agencies for which law or legal order about your organization until the Board issues the permit. When the authorizes a new use or sharing of information after this notice was given; Board issues the permit, all information provided will become public. and anyone with your written consent. An equal opportuity employer SERVICES AGREEMENT THIS AGREEMENT FOR SERVICES is entered into as of ----------' 2019, by and between the City of Stillwater ("City") and the Stillwater Public Library ("Library"). RECITALS WHEREAS, the City agrees to provide information technology support services to the Library upon the terms and subject to the conditions of this Agreement; and WHEREAS~ the Library desires to accept such services from the City. AGREEMENT NOW, THEREFORE, in consideration of the promises and the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties, intending to be legally bound by the terms and conditions of this Agreement, agree as follows: ARTICLE ONE DEFINITIONS Section 1.01 Definitions. Unless the context clearly indicates a different meaning is intended, the following words and terms shall for the purposes of this Agreement have the meanings given them: A. "Agreement" means this Agreement, as it may be amended, supplemented, or restated from time to time. B. "Board" means the Board of Trustees of the Stillwater Public Library. C. "IT Budget" means the information technology budget adopted by the Library. D. "City" means the City of Stillwater. E. "IT Manager" means the Information Technology Manager for the City of Stillwater. F. "IT Services" means implementation and recurring operating costs, as well as capital outlay and implementation costs for information technology systems, all of which have been approved by the Board and the City Council. It also includes first-response trouble-shooting of computer and information systems and basic systems maintenance and support. G. "Parties" and "Party" means all of the entities named in the preamble of this Agreement, or any one of them. H. "Uncontrollable Circumstances" means a delay resulting from a cause over which the Party required to make performance does not have control and that cannot or could not have been avoided by the exercise of reasonable care, including acts of God, accidents, war, civil unrest, embargoes, strikes, litigation, and delays of other Parties in the performance of its obligations under or incidental to this Agreement. ARTICLE TWO IT SERVICES Section 2.01 Engagement of IT Services. The Library hereby engages the City to furnish IT Services at the Library, and the City agrees to provide the IT Services upon the terms and subject to the conditions of this Agreement, and subject to the occurrence of Uncontrollable Circumstances. In the event of Uncontrollable Circumstances, the IT Manager shall have the discretion to allocate resources as deemed in the best interest of the Parties . ARTICLE THREE FEES AND BILLING Section 3.01 Fees. For the contract term, City shall charge Library as follows: A. For 2019, 20% of the total costs and benefits of the City's IT tech position, plus a fee for start-up costs, in the amounts indicated on Exhibit A. B. For 2020, 30% of the total costs and benefits of the City's IT tech position, in an amount to be determined by the City Administrator. Section 3.02 Payments. City shall deduct the costs of IT Services from the Library's budget on a bimonthly basis, simultaneously with the City's pay periods. Section 3.03 Library IT Budget. All funds used from the Library's IT budget must be approved by the City's IT Manager and must not be used for purposes unrelated to information technology. ARTICLE FOUR INDEMNIFICATION Section 4.01 Mutual Indemnification. The Parties shall mutually indemnify and hold each other, and each of their respective elected official, officers, and employees, harmless from and against any and all liability and expense of any kind, including legal costs and reasonable attorneys' fees, arising from the negligent acts or omissions of the other Parties, their elected officials, officers, and employees with respect to their performance of this Agreement. 2 Section 4.02 Liability Limitation. The indemnity under Section 4.01 above does not constitute a waiver by any of the Parties of limitations of liability provided by applicable Minnesota law, including Minnesota Statutes, Chapter 466. ARTICLE FIVE TERM Section 5.01 Term. This Agreement shall be retroactive to January 1, 2019. This Agreement may be terminated with or without cause upon 90 days' written notice to the other party. Upon termination under this provision, if there is no default by the City, City shall be paid for IT Services rendered and reimbursable expenses until the effective date of termination. ARTICLE SIX GENERAL PROVISIONS Section 6.01 Notices. Each notice, approval, consent, communication, and delivery required or permitted under this Agreement shall be delivered in person, by email transmission, or first class mail to addresses provided below and shall be deemed received (a) if delivered in person, on the date of personal delivery; (b) if communicated by email, on the date sent; or ( c) if sent by first class mail, on the third business day after mailing. If to the City of: If to the Stillwater Public Library: City of Stillwater 216 N. 4th St. Stillwater, MN 55082 Attn: City Administrator 224 N. 3rd St. Stillwater, MN 55082 Attn: Library Director Section 6.02 Amendment. This Agreement must be amended or modified in writing and signed by the Parties. Section 6.03 Waiver. The waiver of any of the rights or remedies under this Agreement on any one occasion by any Party shall not constitute a waiver of any rights or remedies with respect to any subsequent breach or default of the same terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. Section 6.04 Scverability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be unenforceable. 3 Section 6.05 Gov erning L aw. This Agreement shall be governed by, and construed in accordance with the laws of the State of Minnesota. Section 6.06 E ffective Date. This Agreement shall be effective as of January 1, 2019. The Parties have executed this Agreement by their respective duly authorized representatives. CITY OF STILLWATER By:-------------- Ted Kozlowski, Mayor By: _____________ _ Beth Wolf, City Clerk Date: -------------- STILL WATER PUBLIC LIBRARY By : '-'44, u&/W.-1\) l:2._1vl,(? f1Jtl lJ rec ff 8 t . .> // Board President 4 2019 Start-up Costs 20% of IT Tech salary 2020 30% of IT Tech salary EXHIBIT A FEES $ 3,750.00 $ 16,008.00 TBD 5 2019 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION WASHINGTON COUNTY CONTRACT# PUBLIC HEALTH & ENVIRONMEN TERM: -12/31/19 THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, 216 4th St N., Stillwater, MN 55082, herein after referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2019. 2. The County's Obligations: The County will pay the Grantee an amount of up to $35,260.00 which is to be used for recycling program expenses in 2019. Payment will be within 60 days of execution of this Agreement. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2019 Municipal Recycling Grant Application and the guidelines therein (Exhibit A). b. The Grantee will use all recycling grant money received in 2019 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling projects the following year. c. The Grantee shall sign and return this Agreement to the County by July 1, 2019. Failure to do so will result in a reduction or loss of grant funds . d. The Grantee agrees to support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Grantee will prepare and submit annual work plan project reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by January 31st of the year following the reporting period. The annual reports are available on the County's Municipal Recycling Grant Application and Reporting software (Re-TRAC Connect). f. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste generated by city/township government activities (including city/town halls, public -1- works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) shall be delivered to the Ramsey/Washington Recycling and Energy Center in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. g. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service, the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance #178 or its replacement, Ordinance #194, effective July l5t, 2014. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of grant funds. 4. Indemnification and Insurance: a. The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. b. The Grantee agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. (if applicable) Prior to the effective date of this Agreement, the Grantee will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement. As a condition subsequent to this agreement, Grantee shall insure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Vendor to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County. -2- Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement 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. 6. Condition Subsequent: It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 7. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, 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 Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 8. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 9. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation, disability, marital status, public assistance status, criminal record, creed or national origin, -3- be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 10. Firearms Prohibited: Unless specifically required by the terms of this contract or the person it is subject to an exception provided by 18 USC§ 9268 or 926BC (LEOSA) no provider of services pursuant to this contract or subcontractors shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision is grounds for immediate suspension or termination of this contract. 11. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 12. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 13. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. -4- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE BY --------------- TITL E --------------- DATE --------------- WASHINGTON COUNTY BY _____________ _ Lowell R. Johnson, Director Department of Public Health and Environment DAT E ------------ APPR:'AS TO. FORM av &&. Ass't Washington Co. Attorney DAT E~~S/.~J~~/~f ~~~~~ -5- Municipal Recycling Grant Guidelines 2019 Municipalities in Washington County are responsible for establishing and maintaining municipal recycling programs. The County provides educational, financial and technical assistance to local governments to aid these programs. The County's municipal recycling grant program assists municipalities with recycling program expenses. Grant fun~ing levels are dependent on municipality household counts and recycling program activities. Municipalities are encouraged to apply for the maximum level of funding. Three levels of grant funding are available: 1. A base amount is provided to cover administrative and basic recycling program expenses and is dependent on the number of households in a community. 2. A second level, project funding, is targeted to specific grant projects that are related to achieving recycling goals. 3. A third level, shared resources funding, is targeted to fund collaborations among municipalities; such as a shared recycling coordinator. \ I. Eligibility Requirements In order to receive funding through the Washington County municipal recycling grant, municipalities must meet the following eligibility requirements: 1. A municipality's curbside recycling program shall be established by ordinance or a contract with a recycling contractor and be in operation during 2019. 2. Municipality must support County efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. 3. All multi-unit dwellings (4 or more units) must have recycling service available. 4. At a minimum, the municipality must meet or plan to meet the components under the BASIC category of the recycling continuum (see page 10). 5. At a minimum, municipal staff must participate in one, in-person meeting with PHE staff to develop the two year grant project work plan. 6. Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law (if applicable) II. Funding Application Municipalities must complete a funding application by April 1, 2019 to receive grant funding .. Completed applications and yearly work plan must be submitted using the Re-TRAC Connect program. Ill. Grant Funding Allocation Funding is separated into three (3) categories: 1. Base funding: this is funding for activities that sustain the municipalities existing recycling program . This includes funding for administration of a recycling ordinance, resident questions, completing the municipal grant application, work plan and annual report, residential recycling information and meeting the Basic components of the continuum. The table below shows how base funding is determined for each community. # of Households ~450 451-1000 1001-2000 2001-5000 5001-10000 ~10000 Eligible Amount for Base Funding $1,500.00 $2,500.00 $5,000.00 $10,000.00 $;20,000.00 $80,000.00 Note: household data is retrieved from the Metropolitan Council's most recent population estimates. These estim ates are the official population and household estimates for state government purposes, including how local government aid (LGA) and local street aid allocations are determined . Previous year estimate s are prepare d the following yea r and certified by July 15 . 2. Project funding: this is funding to develop and implement new or expanded recycling projects that encourage movement along the recycling continuum. A municipality is eligible to receive $0.50/household per project. A municipality may qualify for up to four projects per year. 3. Incentive funding: this is one-time special project funding for large purchases like outdoor bins. 4. Shared Resource funding: this is targeted to fund collaborations among municipalities; such as a shared recycling coordinator. IV. Eligible Expenses Grant funds may be used for the following recycling related expenses: a. Administrative • Salary and legal costs of personnel only while directly working on, part time or full time, on the planning, implementation and promotion of eligible activities. • Salaries, benefits and mileage for consultant services or temporary help with prior written approval from PHE and must be related to eligible activities. b. Public Education and Promotion • Design, production, and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and e-news) and other promotional items necessary to advance eligible activities • Development of promotional materials for a community event such as a clean-up day or road clean up event • The percentage of cost for a municipality's newsletter devoted to recycling • Environmental commissions and related expenses directly related to recycling and waste education (maximum of 25% of County grant funds) c. Capital expenses • Event recycling containers (ie Clear Stream recycling) • Public space recycling containers (ie parks, trails, athletic facilities) • Recycling containers for municipally owned/operated buildings and internal spaces d. Internal recycling • Internal municipal recycling education and related needs (i.e. labels) or special events e. Other • Waste reduction projects (ie backyard composting promotion activities) • Other expenses with prior written approval from the PHE V. Ineligible Expenses a. Permanent, year-round recycling drop-off locations b. Disposal expenses related to community clean up events or road clean-up activities such as wages to workers and hauling/disposal expense for trash or material collected and used as a fuel such as tires and used oil c. Projects specific only to energy or ground water d. Ongoing recycling or garbage service fees (collection, processing, transportation) e. Costs for office equipment f. Street sweeping expenses g. Beautification projects or rain gardens h. Lobbying i. Funding currently budgeted or being provided by applicant VI. List of Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection PHE created the list of standard recyclable materials to be collected curbside after researching current materials collected curbside by haulers as well as the availability of viable end markets for those materials. This list covers only the minimum materials recommended for residential curbside collection. A municipality may require the collection of additional recyclable materials. A municipality may choose how to enforce such as through ordinance or hauler licensing. At a minimum, the following materials must be included in the municipality's curbside program: Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection Paper • Boxboard including corrugated cardboard (OCC) • Envelopes-window and metal clasps acceptable • Magazines and catalogs • Mail, office and school paper • Newspaper and inserts • Phone books • Shredded paper in closed paper bag Cartons • Milk and broth cartons • Juice boxes Metal • Food and beverage aluminum/tin/bimetal cans Glass • Food and beverage bottles and jars Plastics • PET (#1) -water, soda and juice bottles -ketchup and salad dressing bottles • HOPE (#2) -Milk and juice jugs -Dish soap bottles and detergent jugs -Shampoo, soap and lotion bottles • pp (#5) -Yogurt, pudding and fruit cups -Margarine, cottage cheese and other tubs This standard list of recyclables for single sort recycling collection will be periodically reviewed and updated by PHE as additional materials and end markets become available. PHE may add materials to this list and require municipalities to begin collection of the new materials within one year of receiving notification from the PHE. VII. Verification of Compliance with Minnesota Statute 115.471 and llSA.46 Public Entities Law As a condition of eligibility for the Washington County Municipal Recycling Grant funds, pursuant to Minnesota Statutes llSA.46, subd. 5 and llSA.471, all waste generated by -municipat-government-activities;including;imt-not-limited-to---citvftown-halls;--publicworks-- buildings, parks, etc., and waste arranged or waste contract for on behalf of its residents (such as organized garbage collection), must be managed in accordance with the County's Solid Waste Management Plan and delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of the Municipal Recycling Grant Agreement. VIII. Reporting 1. Hauler Reporting The Minnesota Pollution Control Agency will collect tonnage reports directly from haulers on behalf of Counties and Municipalities. Reports will be collected on a quarterly basis and will have tonnage amounts for MSW/garbage, recycling and source separated organics listed for each County. To ensure data is provided to the State quarterly, municipalities are expected to continue their role in enforcing hauler compliance through existing ordinances, contracts or licenses with haulers. Municipalities are expected to exercise punitive actions, if needed. The final, compiled hauler reports will be available on the County's Re-TRAC Connect system for municipality's to view after the reporting period has closed. Z. Annual Work Plan Project Status Reports Municipalities receiving funding through the Washington County municipal recycling grant program must complete annual work plan project status reports. The annual report is a measure of a municipality's progress towards meeting components on the recycling continuum and on program expenditures. Annual reports must be completed by the municipality receiving the grant by mid-February of each year using the County's Re-TRAC Connect system. a. Work plan project status report: • project completion (yes/no) • performance measurements (minimum of 3 forms of measurement, as identified in work plan, should be reported) • description of information helpful to other municipalities desiring to replicate projects 3. Final Program Expenditures Report Municipalities receiving funding through the Washington County municipal recycling grant program must complete final program expenditures report at the end of the grant term that includes the following: a. Program expenditures: Total program expenditures must equal total program revenue. • Administrative costs including -Direct salaries -Direct membership, training, subscriptions -Consultant services and or temporary help -Promotion -Design, printing and postage -Advertisements -Videos -Promotional items -Special events -Other (list and describe) • Capital Costs • Collection Costs (recycling grant funds cannot be used for collection costs) • Other For each line item on the report's expenditures sheet, indicate: Total County grant funds used City/Township funds contributed % of County grant used for particular line item Total expenditures IX. Recycling Performance A municipality's performance will be evaluated based on information from the annual work plan project status reports, from hauler reports submitted directly to the State, and reasonable effort towards reaching outcomes from work plan activities implemented. PHE reserves the right to request documentation for information submitted. Failure by a municipality to demonstrate measureable progress towards one or more of the work plan goals will result in a Recycling Improvement Plan be submitted 90 days of being notified by PHE. The Plan must be negotiated with PHE and specify the efforts that will be undertaken by the municipality to improve its recycling program to achieve the identified goal in the work plan by implement strategies agreed upon by municipal staff and PHE. The plan should focus on components of the recycling continuum. Funding may be withheld until the municipality's Plan is completed and approved by PHE. X. County Responsibilities a. Grant documents PHE will provide the grant application and work plan by February pt for each municipality to use to request grant funding and to develop project work plans. PHE will also provide the annual report for municipalities to report on their recycling program. Annual reports are available year round. b. Meetings PHE staff will continue to host quarterly recycling coordinator meetings and will make meeting materials available on the City Recycling Resources webpage on the County's website. PHE staff will also continue to coordinate individual work plan meetings with each municipality to identify grant projects. c. Technical assistance PHE staff will help identify if and how additional technical assistance is needed. d:-Payments Grant payment will be made in one installments, which is to be used for recycling program expenses in 2019. The payment will be made within 60 days of execution of the Recycling Grant Agreement. e. Recycling tonnages Recycling tonnages for each municipality will be collected by the Minnesota Pollution Control Agency (the State) from the community's recycling ~auler(s) on a quarterly basis. Reports are available on the Co(Jnty's Re-TRAC Eonnect system. f. Residential recycling survey If requested, PHE will assist in the development of a survey on residents' recycling knowledge and behavior for municipalities to promote and distribute regularly. g. Online recycling information and best practices PHE will maintain the City Recycl i ng Resources webpage on the County's website for use by municipal staff to obtain information on recycling best practices, learn about other grantee projects, track recycling coordinator meetings, and access templates and other educational information designed specifically for use by municipalities. g. Commercial Recycling PHE has a separate funding mechanism to promote and support recycling in the commercial sector. This program is called BizRecycling and more information can be found at www.bizrecycling.com.- h. Recycling in multi-unit dwelling (4+ units) A separate funding program may be developed for multi-unit dwelling recycling. ! Supplemental documents required upon application submittal: 0 Waste and recycling ordinance{s) (if applicable) , 0 Waste and recycling contract(s) (if applicable) 0 City/Township council meeting minutes (if applicable) 0 Verification of public entities law (Minnesota Statute 115.471 and llSA.46) (if applicable) 0 A certificate of insurance indicating the municipalities' general liability limits as indicated in Section 4 of the Agreement. Please be sure to include the certificate with the application and not have it sent separately bv vour insurance carrier. Washington County Municipal Recycling Performance Continuum Residential Recycling ..... ) ______ e_A_st_c ____ ) """') ___ rM_P_R_o _v _eo __ -J) . • Submit grant materials by due date • Attend recycling coordinator meetings • Participate in shared resource opportunities • Require single sort collection • Provide recycling cost to residents once/yea1· • Require s1t andard recyclables collected • Provide effective resident education • Participate in county-wide promotions • Provide online recycling information BASICp/us: • Provide new resident education • Include requirements in hauler license • Provide recycling in municipal owned/operated public spaces (for large communities) Multifamily Housing (MFH) • Ensure adequate MFH recycling infrastructure in place • Target education to MFH Washjngton ~County To: Mayor & City Council From: Beth Wolf, City Clerk Date: 5/15/2019 Re: Agreement for Source Reduction (Recycling Coordinator) Since 2004, the City has retained Karen L. Richtman, d/b/a Service on a Shoestring, for doing recycling education with Waste Reduction and Recycling Education in the City of Stillwater. Ms. Richtman does special projects such as upgrading the Trash/Recycling portion of the City’s website, preparing education materials for our City newsletter, updating the Residential Guide to Household Trash & Curbside Recycling Guide, as well as education in the schools as part of a City‐wide effort to encourage reuse and reduce waste. Ms. Richtman’s contract amount is the same as previous years. Ms. Richtman's contract has always been 100% funded by the County's Recycling Grant funds and would not generate any additional expenses for the City. This years contract would be for July 1, 2019 through June 30, 2020. RECOMMENDATION: Staff recommends the City Council approve the contract with Karen L. Richtman, d/b/a Service on a Shoestring. SOURCE REDUCTION PROGRAM CONTRACT CONSULTING AGREEMENT JULY 1, 2019 ‐ JUNE 30, 2020 AGREEMENT made this 21st day of May, 2019, between the City of Stillwater ("Stillwater") and Karen L. Richtman, d/b/a Service on a Shoestring, 2854 Nightingale Court, Stillwater, MN, hereinafter referred to as "Consultant/Trainer". SECTION ONE SERVICES Consultant/Trainer agrees to perform such services as follows: A. Provide source reduction educational programming. B. Provide administrative support for Stillwater’s source reduction activities, including recycling information for the City Newsletter and New Resident’s Guide. C. Maintenance and continued support for Stillwater’s Trash/Recycling Web Site. SECTION TWO COMPENSATION Stillwater shall compensate Consultant/Trainer as follows: A. Seven Thousand Dollars ($7,000) for administrative responsibilities. B. Three thousand Five Hundred Forty–eight Dollars ($3,548) for maintenance and continued support of City’s Trash/Recycling Website. C. Three Thousand Five Hundred Forty‐eight Dollars ($3,548) for educational programming on or before June 30, 2019. D. Three Thousand Five Hundred Forty‐eight Dollars ($3,548) for waste reduction‐ related community programming on or before June 30, 2019. SECTION THREE INDEPENDENT CONTRACTOR Contractor shall be engaged as an independent contractor and not as the City’s agent or employee. The Contractor is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Except as otherwise provided, Contractor shall furnish all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. Stillwater and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees is in any manner agents or employees of the Stillwater. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self‐employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. SECTION FOUR CONTRACT TERM This Agreement shall be for a term commencing July 1, 2019 and ending June 30, 2020. SECTION FIVE EXTRA SERVICE No claim will be honored for compensation for extra services or work beyond the scope of this Agreement without the written approval of Stillwater. SECTION SIX INDEMNIFICATION Contractor hereby indemnifies and holds the Stillwater harmless from any claims, suits, damages, costs (including reasonable attorney fees) arising out of any act or omission of the Contractor in the performance of the services provided for by this Agreement. SECTION SEVEN TERMINATION This Agreement may be terminated by either party without cause, effective upon written notification of termination to the other party. After termination, neither party shall have further obligation except to compensate Contractor for services performed before Contractor's receipt of notice of termination and expenses incurred as per proposal. SECTION EIGHT ASSIGNMENT The Contractor may assign or subcontract any of the services to be performed hereunder with written approval of Stillwater. Said consent shall not be unreasonably withheld by Stillwater. SECTION NINE ENTIRE AGREEMENT This agreement, together with the Stillwater's Agreement with Washington County authorizing a grant for the work to be performed hereunder, shall constitute the entire agreements between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION TEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION ELEVEN NOTICES Any notice provided for, concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified, or registered mail if sent to the respective address of each party as set forth herein: 1. Karen Richtman, 2854 Nightingale Court, Stillwater, MN 55082. 2. City of Stillwater, 216 North 4th Street, Stillwater, MN 55082 SECTION TWELVE GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. SECTION THIRTEEN EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement shall not affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if both parties, subsequent to the impingement of the invalid provision, had executed them. Consultant: _____________________________ Date: Karen L. Richtman Organization: City of Stillwater _____________________________ Date: Ted Kozlowski, Mayor _____________________________ Date: Beth Wolf, City Clerk 1 COMPROMISE AGREEMENT PURSUANT TO MINNESOTA RULES OF EVIDENCE, RULE 408, FOR THE DISMISSAL OF ASSESSMENT APPEAL THIS COMPROMISE AGREEMENT (“Agreement”) is entered into and effective as of the day of , 2019 (“Agreement Date”), by and between the City of Stillwater, a Minnesota municipal corporation (the “City”), and the parties identified on the attached Exhibit A (individually and collectively the “Property Owner”). WITNESSETH: WHEREAS, the Property Owner owns real property in the City of Stillwater identified on the attached Exhibit A (individually and collectively the “Property”); and WHEREAS, the City authorized and performed street reconstruction and spot-curb replacement in the following areas: Moore Street, William Street (Myrtle to Oak), South Sixth Street (Orleans to Hancock), Seeley Street (Olive to Pine), Brick Street (Olive to Pine), Hemlock Street (Olive to Pine), Grove Street (Olive to Pine), Center Street (Olive to Pine), and Oak Street (Sherburne to west of Seeley Street) as part of the City’s 2017 Street Improvements Project, City Project No. 2017-02 (the “Project”); and WHEREAS, on October 17, 2017, the City held a public assessment hearing, determined that the Property received special benefits from the Project, approved Resolution No. 2017-210 and levied a special assessment against the Property pursuant to Minnesota Statutes Chapter 429; and WHEREAS, the special assessment amount levied against the Property is identified on the attached Exhibit A as the Assessment Levy Amount; and WHEREAS, the Property Owner appealed the City’s special assessment levied against the Property for the Project improvements by filing a special assessment appeal action as Washington County District Court File No. 82-CV-17-5103; and WHEREAS, this Agreement is intended to resolve the dispute between the parties arising from the Project and the Property Owner’s filing of District Court File No. 82-CV-17-5103; and WHEREAS, the Property Owner represents and agrees that the filing of the special assessment appeal action as Washington County District Court File No. 82-CV-17-5103 are the only claims the Property Owner has related to the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 2 ARTICLE 1 THE AGREEMENT Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the City and Property Owner with regard to the dispute between the parties arising from the Project and the Property Owner’s filing of District Court File No. 82-CV- 17-5103. Section 1.02 Cooperation. The City and Property Owner will cooperate and use their best efforts to ensure the most expeditious implementation of the various terms of this Agreement. Section 1.03 Term. The term of this Agreement will start on the Agreement Date and will survive the dismissal of District Court File No. 82-CV-17-5103. Section 1.04 Recitals. The above recitals are true as of the Agreement Date and constitute a part of this Agreement. ARTICLE 2 DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings in this Agreement will be expressly indicated below, unless the context of this Agreement requires otherwise: a) Agreement. This Agreement is to memorialize the covenants and agreements between the City and Property Owner regarding the dispute between the parties arising from the Project and the Property Owner’s filing of District Court File No. 82-CV-17-5103. b) Agreement Date. The date written in the first paragraph of the Agreement. c) Assessment Levy Amount. The amount of the City’s original assessment levy against the Property for the Project improvements is identified on the attached Exhibit A as the Assessment Levy Amount. d) Assessment Principal Reduction Amount. An assessment principal amount that the City agrees to pay to resolve Property Owner’s assessment appeal. The assessment principal reduction shall be made by the City certifying an assessment principal reduction to Washington County as if the Property Owner had made a principal payment to the City. The agreed upon Assessment Principal Reduction Amount to resolve District Court File No. 82-CV-17-5103 is identified on the attached Exhibit A as the Assessment Principal Reduction Amount. e) City. The City of Stillwater, a Minnesota municipal corporation. 3 f) City Attorney. Korine L. Land of LeVander, Gillen & Miller, P.A., 633 South Concord Street, Suite 400, South St. Paul, MN 55075. g) Project. The City’s 2017 Street Improvement Project, City Project No. 2017-02. h) Property. Real property in the City of Stillwater identified on the attached Exhibit A. i) Property Owner. Property Owner as identified on the attached Exhibit A. j) Property Owner’s Attorney. H. Alan Kantrud of H.A. Kantrud, P.A., P.O Box 517 Willernie, MN 55090. k) Settlement Stipulation. The Settlement Stipulation, Judgment and Dismissal pleading providing for the dismissal of District Court File No. 82-CV-17-5103 with prejudice and without costs or attorneys’ fees to either party. ARTICLE 3 COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the City. The City covenants and agrees with the Property Owner that: a) City Execution of This Agreement. In consideration of this Agreement, the City agrees to execute this Agreement and implement its terms as they relate to the Property. b) City Payment to Property Owner’s Attorney. In consideration of this Agreement, the City agrees to pay seven thousand five hundred dollars ($7,500.00) to the Property Owner’s Attorney in final settlement of the entire Washington County District Court File No. 82-CV-17-5103. The City will pay a total of seven thousand five hundred dollars ($7,500.00) only once to the Property Owner’s Attorney; the City does not pay seven thousand five hundred dollars ($7,500.00) for each of the 23 parcels that filed assessment appeals and are petitioners to District Court File No. 82-CV-17-5103. c) City Reduction of Property Assessment Principal Balance. On October 17, 2017, the City passed Resolution No. 2017-210 which approved the Assessment Levy Amount against the Property for the Project improvements. The City agrees that the City shall reduce the Assessment Levy Amount against the Property by the Assessment Principal Reduction Amount. This assessment principal reduction shall be made by the City certifying an assessment principal reduction to Washington County as if the Property Owner had made an assessment principal payment to the City. Said assessment principal reduction shall be effectuated by the City within thirty (30) days following the Stillwater City Council approval of this Agreement. 4 Said principal reduction shall not affect or reduce the installment of principal and any accrued interest due and payable on the special assessment that will be collected with the payable 2019 property taxes. The Property Owner acknowledges and agrees that said principal reduction will be treated by Washington County as if the Property Owner made a partial principal payment to reduce the principal balance of the assessment. If Property owner paid the full assessment, the City will issue the appropriate refund. d) Settlement Stipulation. The City agrees that the City Attorney will execute a copy of the Settlement Stipulation, Order and Judgment attached hereto as Exhibit B. The parties hereto agree that said Settlement Stipulation, Order and Judgment shall be executed contemporaneously with this Agreement, and the City Attorney shall proceed with the filing of the executed Settlement Stipulation, Order and Judgment with the District Court. Section 3.02 Agreements of the Property Owner. Property Owner agrees with the City that: a) Title and Agreement Execution and Processing. Property Owner, except Richard and Francis Myran, warrants that Property Owner has good right, title and interest to enter into this Agreement and Property Owner agrees to execute this Agreement and deliver said executed copy to the City Attorney for the City’s processing thereof pursuant to Section 3.01 above. Richard and Francis Myran warrant that they owned the Property identified on Exhibit A at the time of the notice of assessment. Richard and Francis Myran sold their Property and paid the Assessment Levy Amount. Richard and Francis Myran warrant that they have good right and interest to enter into this Agreement and they agree to execute this Agreement and deliver said executed copy to the City Attorney for the City’s processing thereof pursuant to Section 3.01 above. b) Property Owner Execution of Settlement Stipulation, Order and Judgment Pleading. In consideration of this Agreement, the Property Owner hereby agrees that the Property Owner’s Attorney will execute the Settlement Stipulation, Order and Judgment, attached hereto as Exhibit B, contemporaneously with this Agreement and deliver the executed copy to the City Attorney for the City’s processing thereof pursuant to Section 3.01 above. c) Property Owner Payment of Assessment Levy Amount less Assessment Principal Reduction Amount. Property Owner hereby agrees to pay the Assessment Levy Amount and any accrued interest less the Assessment Principal Reduction Amount paid/certified by the City pursuant to this Agreement. City Resolution No. 2017-210 approved the Assessment Levy Amount against the Property with interest accruing from October 17, 2017 at a rate of 4%. Property Owner acknowledges and agrees that 5 the City’s payment/certification of the Assessment Principal Reduction Amount shall not affect or reduce the installment of principal and accrued interest due and payable on the special assessment that will be collected with the payable 2019 property taxes. Property Owner acknowledges and agrees that the benefit of the City’s payment/certification of the Assessment Principal Reduction Amount shall be first reflected in the reduced assessment principal and accrued interest calculated by Washington County and collected with the payable 2020 property taxes. d) Assessment Waiver. Property Owner hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, §429.071 and § 429.081 for the special assessment against the Property up to the Assessment Levy Amount and any accrued interest (pursuant to City Resolution No. 2017-210) less the Assessment Principal Reduction Amount paid/certified by the City pursuant to this Agreement. The Property Owner also hereby waives any and all procedural and substantive objections to the City’s special assessment of the Property for Project improvements pursuant to City Resolution No. 2017-210, including, but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Levy Amount and all accrued interest (pursuant to City Resolution No. 2017-210) less the Assessment Principal Reduction Amount paid/certified by the City exceeds the benefit to the Property for the Project. ARTICLE 4 GENERAL PROVISIONS Section 4.01 Non-Assignability. Neither party hereto shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 4.02 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. Section 4.03 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 4.04 Amendments and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the parties hereto. Section 4.05 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6 Section 4.06 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 4.07 Applicable Law. This Agreement will be governed by and construed under the laws of the State of Minnesota. Section 4.08 Captions. The captions and the headings in this Agreement are for convenience only and do not define, limit, or describe the scope or intent of any provision or section of this Agreement. Section 4.09 Governmental Immunity. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Property Owner, its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided in Minnesota Statutes, Chapter 466. Section 4.10 Recording. The parties hereto agree that this Agreement will not be recorded with the County Recorder and/or Registrar of Titles. Section 4.11 Release. The City and the Property Owner, their representatives, officers, directors, employees, agents, partners, principals, successors, subrogees, and assigns, completely and irrevocably release each other from all claims, known or unknown, that they asserted or could have asserted in Washington County District Court File No. 82-CV-17-5103 or related to the Project. Section 4.12 Legal Representation. The City and the Property Owner acknowledge that each has been represented in this appeal and in negotiations for this Agreement by counsel of their choice, that each has read this Agreement and had it explained by counsel, that each understands that it is aware of the contents and legal effect, and that each is voluntarily entering into this Agreement. Section 4.13 Compromise Agreement. The City and the Property Owner agree that this Agreement is a compromise agreement under Minnesota Rules of Evidence Rule 408. Evidence of conduct or statements made during the compromise negotiations is not admissible evidence. The execution of this Agreement will not be deemed or construed as an admission of liability or fault by the City or the Property Owner. This Agreement is entered by The City and the Property Owner to avoid further litigation, expense, disruption, and delay. [The remainder of this page is intentionally left blank.] 7 IN WITNESS WHEREOF, the City and the Property Owner have executed this Agreement by its duly authorized representatives. CITY OF STILLWATER By: Ted Kozlowski Mayor ATTEST: By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2019, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 8 [Signature page for 217 Moore Street West Gwynne E. Fransen Revocable Trust and Gwynne E. Fransen] GWYNNE E FRANSEN REVOCABLE TRUST DATED OCTOBER 28, 2014 Gwynne E. Fransen, Trustee STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Gwynne E. Fransen, trustee of the Gwynne E Fransen Revocable Trust dated October 28, 2014, on behalf the Trust. Notary Public GWYNNE E. FRANSEN Gwynne E. Fransen STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Gwynne E. Fransen, a single person. Notary Public 9 [Signature page for 303 Moore Street West Jane Schwartz] JANE SCHWARTZ Jane Schwartz STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Jane Schwartz, a single person. Notary Public 10 [Signature page for 315 Moore Street West Ann Hansen] ANN HANSEN Ann Hansen STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Ann Hansen, a single person. Notary Public 11 [Signature page for 321 Moore Street West Wendy Adams] WENDY ADAMS Wendy Adams STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Wendy Adams, a single person. Notary Public 12 [Signature page for 417 Moore Street West Geoff and Allison Crandall] GEOFF CRANDALL Geoff Crandall ALLISON CRANDALL Allison Crandall STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Geoff and Allison Crandall, husband and wife. Notary Public 13 [Signature page for 517 Moore Street West David and Margaret Eichten] DAVID EICHTEN David Eichten MARGARET EICHTEN Margaret Eichten STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by David and Margaret Eichten, husband and wife. Notary Public 14 [Signature page for 215 Moore Street West Gary and Carol Gapen] GARY GAPEN Gary Gapen CAROL GAPEN Carol Gapen STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Gary and Carol Gapen, husband and wife. Notary Public 15 [Signature page for 1202 Oak Street West John and Susan Miller] JOHN MILLER John Miller SUSAN MILLER Susan Miller STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by John and Susan Miller, husband and wife. Notary Public 16 [Signature page for 1705 Oak Street West Donald and Deborah Loida] DONALD LOIDA Donald Loida DEBORAH LOIDA Deborah Loida STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Donald and Deborah Loida, husband and wife. Notary Public 17 [Signature page for 1322 Oak Street West Ernest and Marilynn Webb] ERNEST WEBB Ernest Webb MARILYNN WEBB Marilynn Webb STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Ernest and Marilynn Webb, husband and wife. Notary Public 18 [Signature page for 403 Hemlock Street South Roxanne Olson] ROXANNE OLSON Roxanne Olson STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Roxanne Olson, a single person. Notary Public 19 [Signature page for 424 Grove Street South Ronald Cardinal and Stacy Jo Franklin] RONALD CARDINAL Ronald Cardinal STACY JO FRANKLIN Stacy Jo Franklin STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Ronald Cardinal and Stacy Jo Franklin, husband and wife. Notary Public 20 [Signature page for 1521 Olive Street West Richard and Francis Myran] RICHARD MYRAN Richard Myran FRANCIS MYRAN Francis Myran STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Richard and Francis Myran, husband and wife. Notary Public 21 [Signature page for 321 Brick Street South Thomas L. Larson Revocable Trust and Thomas L. Larson] THOMAS L. LARSON REVOCABLE TRUST DATED JUNE 5, 2014, INCLUDING AMENDMENTS THERETO Thomas L. Larson, Trustee STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Thomas L. Larson, trustee of the Thomas L. Larson Revocable Trust dated June 5, 2014, including amendments thereto, on behalf the Trust. Notary Public THOMAS L. LARSON Thomas L. Larson STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Thomas L. Larson, a single person. Notary Public 22 [Signature page for 320 Brick Street South Janice Wheeler] JANICE WHEELER Janice Wheeler STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Janice Wheeler, a single person. Notary Public 23 [Signature page for 427 Brick Street South Harvey and Joyce Grunow] HARVEY GRUNOW Harvey Grunow JOYCE GRUNOW Joyce Grunow STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Harvey and Joyce Grunow, husband and wife. Notary Public 24 [Signature page for 1514 Pine Street West Kristin Huntley] KRISTIN HUNTLEY Kristin Huntley STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Kristin Huntley, a single person. Notary Public 25 [Signature page for 404 Brick Street South Richard and Barbara Kraft] RICHARD KRAFT Richard Kraft BARBARA KRAFT Barbara Kraft STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Richard and Barbara Kraft, husband and wife. Notary Public 26 [Signature page for 1611 Oak Street West Dennis and LaRae Stiner] DENNIS STINER Dennis Stiner LARAE STINER LaRae Stiner STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Dennis and LaRae Stiner, husband and wife. Notary Public 27 [Signature page for 1619 Oak Street West Terry and Diana Hatchitt] TERRY HATCHITT Terry Hatchitt DIANA HATCHITT Diana Hatchitt STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Terry and Diana Hatchitt, husband and wife. Notary Public 28 [Signature page for 1604 Pine Street West Timothy and Kim Ament] TIMOTHY AMENT Timothy Ament KIM AMENT Kim Ament STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Timothy and Kim Ament, husband and wife. Notary Public 29 [Signature page for 414 Brick Street South Ryan and Chantel Gramenz] RYAN GRAMENZ Ryan Gramenz CHANTEL GRAMENZ Chantel Gramenz STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Ryan and Chantel Gramenz, husband and wife. Notary Public 30 [Signature page for 404 Grove Street South Gregory and Florence Harris] GREGORY HARRIS Gregory Harris FLORENCE HARRIS Florence Harris STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on _____ day of , 2019, by Gregory and Florence Harris, husband and wife. Notary Public A-1 EXHIBIT A Property Owner Property Identification Number Property Address Assessment Levy Amount Assessment Principal Reduction Amount Gwynne E. Fransen Revocable Trust 21.030.20.34.0002 217 Moore Street West $7,195.00 $3,597.50 Jane Schwartz 21.030.20.34.0006 303 Moore Street West $7,195.00 $3,597.50 Ann Hansen 21.030.20.34.0008 315 Moore Street West $7,195.00 $3,597.50 Wendy Adams 21.030.20.34.0009 321 Moore Street West $3,597.50 $1,798.75 Geoff and Allison Crandall 21.030.20.34.0022 417 Moore Street West $7,195.00 $3,597.50 David and Margaret Eichten 21.030.20.34.0026 517 Moore Street West $7,195.00 $3,597.50 Gary and Carol Gapen 21.030.20.34.0153 215 Moore Street West $7,195.00 $3,597.50 John and Susan Miller 28.030.20.33.0025 1202 Oak Street West $3,597.50 $1,798.75 Donald and Deborah Loida 29.030.20.43.0014 1705 Oak Street West $7,195.00 $3,597.50 Ernest and Marilynn Webb 29.030.20.44.0017 1322 Oak Street West $7,195.00 $3,597.50 Roxanne Olson 29.030.20.44.0041 403 Hemlock Street South $7,195.00 $3,597.50 Ronald Cardinal and Stacy Jo Franklin 29.030.20.44.0042 424 Grove Street South $3,597.50 $1,798.75 A-2 Richard and Francis Myran 29.030.20.44.0072 1521 Olive Street West $3,597.50 $1,798.75 Thomas Larson Revocable Trust 29.030.20.44.0073 321 Brick Street South $7,195.00 $3,597.50 Janice Wheeler 29.030.20.44.0083 320 Brick Street South $7,195.00 $3,597.50 Harvey and Joyce Grunow 29.030.20.44.0100 427 Brick Street South $7,195.00 $3,597.50 Kristin Huntley 29.030.20.44.0101 1514 Pine Street West $3,597.50 $1,798.75 Richard and Barbara Kraft 29.030.20.44.0113 404 Brick Street South $7,195.00 $3,597.50 Dennis and LaRae Stiner 29.030.20.44.0114 1611 Oak Street West $7,195.00 $3,597.50 Terry and Diana Hatchitt 29.030.20.44.0115 1619 Oak Street West $7,195.00 $3,597.50 Timothy and Kim Ament 29.030.20.44.0119 1604 Pine Street West $3,597.50 $1,798.75 Ryan and Chantel Gramenz 29.030.20.44.0120 414 Brick Street South $7,195.00 $3,597.50 Gregory and Florence Harris 29.030.20.44.0125 404 Grove Street South $7,195.00 $3,597.50 B-1 EXHIBIT B STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Assessment Appeal Judicial Officer: Sheridan Hawley Wendy Adams, Tim Ament, Kim Ament, Geoff Crandall, Allison Crandall, et al., Petitioners, v. City of Stillwater, Respondent. Court File No. 82-CV-17-5103 SETTLEMENT STIPULATION ORDER AND JUDGMENT WHEREAS, Petitioners and Respondent have resolved this special assessment dispute pursuant to a separate agreement. WHEREAS, Petitioners and Respondent desire the above-entitled action shall be dismissed with prejudice and without an award of any litigation costs, expenses and/or attorneys’ fees to any party. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. That Petitioners and Respondent agree the above-entitled action shall be dismissed with prejudice and without an award of any litigation costs, expenses and/or attorneys’ fees to any party. 2. That it is further agreed that Respondent shall cause judgment of dismissal with prejudice and on the merits to be entered herein. B-2 ATTORNEY FOR PETITIONERS By: H. Alan Kantrud, I.D. No. 281086 P.O. Box 517 Willernie, MN 55090 612-743-4242 ATTORNEYS FOR RESPONDENT By: Korine L. Land, I.D. No. 262432 David L. Sienko, I.D. No. 0391910 LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 651-451-1831 B-3 ORDER Pursuant to the foregoing Stipulation, the above-entitled action is hereby dismissed with prejudice and without an award of any litigation costs, expenses and/or attorneys’ fees to any party. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: _______________, 2019. BY THE COURT: ________________________________ Judge Sheridan Hawley Judge of District Court JUDGMENT I hereby certify that the above Order constitutes a judgment of the Court. Dated: _______________, 2019. COURT ADMINISTRATOR: By: ________________________________ Its: ________________________________ Memo DATE: May 13, 2019 TO: Mayor and City Council FROM: Sharon Provos, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption ( obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in tum increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons ( of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. Description of Circumstance 1 Outdoor Faucet Leak CITY OF STILLWATER EXHIBIT A Winter Average From To Gallons 48,000 9,000 Billing Quarter Adjustment for 2nd CITY COUNCIL MEETING DATE: May 21, 2019 CPC CASE NO.: 2019-11 Planning Commission: April 22, 2019 APPLICANT: Birchwood Landing, LLC of ILHC of Stillwater, LLC represented by the Goodman Group REQUEST: 1) Preliminary Plat for Birchwood Landing: 8 lots 2) Final Plat for Birchwood Landing: 8 lots 3) Development Agreement Amendment LOCATION: Outlots D and E, located adjacent to 107 Bridgewater Way ZONING: 1) Base Zoning Districts: LR, Lakeshore Residential 2) Overlay District: RD, Recreational Development Lake Shoreland Management District for Long Lake PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In 2017 the City approved a four-phased Planned Unit Development for the ILHC of Stillwater (otherwise known as the Goodman Group) to develop a Senior Living Campus near the north end of Long Lake. Known as the Lakes at Stillwater, the first Phase of the development is nearly complete. Birchwood Landing, LLC of ILHC of Stillwater, LLC represented by the Goodman Group, has submitted a request to develop two existing outlots into four parcels. The four parcels are proposed to contain 30 independent living units with one enclosed common area. On April 22 the Planning Commission considered and recommended approval of the requests. REQUEST The specific request includes: 1) Preliminary Plat for Birchwood Landing: 8 lots 2) Final Plat for Birchwood Landing: 8 lots 3) Development Agreement Amendment Note: The developer also requested Final PUD approval for this phase, but Final PUD approval for this phase was already granted together with the first phase. Lakes at Stillwater May 21, 2019 Page 2 EVALUATION OF REQUEST The entire Planned Unit Development was reviewed and approved by the City in May of 2017 (CPC Case No. 2017-8). At the time, the City reviewed minimal dimensional standards, including the site size, density, setbacks, and impervious surface coverage for all four Goodman Group phases as well as a recreation plan for the entire site. The original 2017 approvals granted Final PUD approval for Phase I, II and III. The Phase II approval was formerly referred to as “The Cottages”, but is now being referred to as “Birchwood Landing”. This Phase II submittal conforms to the Preliminary and Final PUD approvals. Preliminary Plat A. Overview The applicant originally submitted a preliminary plat showing the subdivision of the project site amongst all the phases, but the Lakes at Stillwater Final Plat platted the Phase II – III properties as Outlots. Therefore, the applicant has requested consideration of approval of replatting of several of the outlots as the Preliminary and Final Plats for Phase II. The preliminary plat for this Phase, “Birchwood Landing”, includes 8 lots accommodating 24 senior townhomes. An additional 6 senior townhomes will be developed in conjunction with this Phase, however those 6 are on lots that were already platted as part of Phase I. So, a total of 30 townhome units will be constructed. B. Civil Engineering The City Engineer reviewed the preliminary and final plats for conformance with the City’s Stormwater Management and Grading standards. All site grading occurred during the first Phase so there are no additional concerns. The PUD approval condition “a drainage easement shall be dedicated on the final plat for all common drainage areas – i.e. backyard drainage on the west of the property (town homes)” has been satisfied. Additionally, Tree Preservation and Site Landscaping was determined at the time of the Final PUD review. The developer will be required to install trees and site landscaping as per the PUD’s amended tree and landscaping plan. C. Brown’s Creek Watershed District Comments A condition of PUD approval was that “stormwater and grading plans must be approved by the Brown’s Creek Watershed District (BCWD), and permit issued prior to release of the Final Plat for each phase”. The development has obtained an amended permit from BCWD for this phase. D. Public Park and Trail Dedication Ordinance Standards Lakes at Stillwater May 21, 2019 Page 3 Ordinance 963 establishes minimum public park and trail dedication requirements for all development. In cases such as this one where the Comprehensive Plan and park planning efforts do not identify a need for on-site parkland, a park dedication fee may be accepted in lieu of a land dedication. At their April, 2017 meeting, the Parks and Recreation Commission recommended approval of fees in lieu of parkland dedication. They further recommended that the costs for construction of the trail connecting HWY 12 and 72nd Street be credited toward the park and trail fee. Some of the public and private trails have already been developed with Phase I. The developer is proposing to complete the rest of the public trails with this phase of development. However, the Development Agreement indicates that all the trails were to be complete with Phase I. But, land disturbing activities are proposed in some of the areas where trails are proposed. So, rather than install them with Phase I and tear them up with Phase II, those segments are now proposed to be completed at the end of Phase II. This sequencing makes sense, but requires an amendment to the Development Agreement. Which is attached to this report. Additionally, trail easements have not yet been recorded. That should be required before the building permits are issued for this phase. Final Plat Typically, before a final plat may be submitted, conditions for the preliminary plat need to be met. Since the applicant has elected to pursue preliminary and final platting at the same time for this phase, all conditions will need to be met before the final plat is released, or they will have to be included in the Development Agreement. The Development Agreement for Phase I will be amended to cover Phase II. So, many of the conditions that apply to this Phase are already included in the Development Agreement, such as: Fees associated with Phase II will be due before a building permit may be issued for development for this Phase PHASE II Park Fee Villa, Independent Living 22 Units1 $750 $16,500 Trail Fee Villa, Independent Living 22 Units1 $500 $11,000 Trout Stream 4.64 Acres $5,912 $27,432 Transportation Adequacy Fee 4.64 Acres $8,120 $37,677 SUBTOTAL $160,371 Credit Credit for Trail & Park Fees paid by Developer as Public Improvements ($27,500) TOTAL $132,871 1 The fee in lieu of land dedication for eight (8) units was applied to the Phase I development given the Lakes at Stillwater plat includes some of these independent living townhomes. Lakes at Stillwater May 21, 2019 Page 4 ALTERNATIVES A. Approval. If the City Council finds the proposal conforms to the standards set forth for subdivision review, and is consistent with the Final PUD approved for this phase, it could conditional approve the following: 1. Preliminary Plat for Birchwood Landing: 8 lots 2. Final Plat for Birchwood Landing: 8 lots 3. Development Agreement Amendment Conditions of approval would at a minimum include: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein: • Preliminary Plat 3/21/2019 • Open/Developed Areas 4/10/17 • Tree Preservation Plan C1.4 3/17/17 • Site Plan C2.1 4/5/17 • Grading, Drainage, Paving, Erosion Control C3.1 3/17/17 • Utilities C4.1 3/17/17 • Street profile C6.1 3/17/17 • Landscape Plan L2.1 3/17/17 • Trees & Seeding Plan L2.2 3/17/17 • Lower Level Plans A3.0 4/5/17 • Floor Plans • TH1/TH2 Duplexes A310 3/22/2019 • TH3 (Triplex w/ Clubhouse) A320 3/22/2019 • TH4 (Quadplex) A330 3/22/2019 • Exterior Building Elevations • TH1/TH2 Duplexes A501 3/22/2019 • TH3 (Triplex w/ Clubhouse) A502 3/22/2019 • TH4 (Quadplex) A503 3/22/2019 • Final Plat 3/22/2019 • Master Trail Plan 5/1/17 2. Phase II development shall conform to approvals granted by Resolution No. 2017-094, including conditions of approval. 3. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. Lakes at Stillwater May 21, 2019 Page 5 4. Trail completion shall occur prior to the release of a Certificate of Occupancy for the two townhomes located on Lots 5 & 6, Block 1, Lakes of Stillwater. Prior to the release of the Final Plat, the Development Agreement’s Exhibit B, Public Improvements, will need to be amended to reflect the required completion date for trail construction. 5. The trail easement shall be recorded against the property prior to issuance of any building permits for Phase II. B. Table If the City Council finds the proposal to be incomplete, it could table the review for additional information. C. Denial If the City Council finds the proposal to be inconsistent with development codes, or the Final PUD, it could deny the request. With a denial, the basis of the action should be given. RECOMMENDATION The preliminary and final plats not only conform to the development standards but also to the PUD approved with CPC Case No. 2017-08. Therefore, both the Planning Commission and staff recommend approval of the Preliminary Plat, the Final Plat, and the Development Agreement Amendment with the conditions listed in Alternative A. Attachments: Site Location Map Narrative Request Preliminary Plat Phasing Schedule Resolution No. 2017-094 Final Plat Building Elevations Development Agreement Amendment Draft Resolutions (3) 77T H ST REET N ORT H 7 5 T H S T R E E T N O R T H R OAD R U T GREENFIELDSSUMMER M E L VIL L E COURT NORTH LANEMINARMINAR AVE NOM I N A R A V E N U E NORTHC S A H 1 2 STREET NORTH72ND NORTHAVENUENORTHLANDINTERLACHEN DRIVE SUMMER 72ND STREET NORTHHERFORDRD.FIELDS CT BRIDGEWATERWAY115 107 719012525 12490 7150 12950 12550 12377 7160 7685 7130 7625 7640 7660 12499 7639 7680 7520 7699 7669 7609 7610 7720 7155 7181 7100 12421 12530 12721 7171 772912380 2803 3363 12363 240 7157 7030 234 7010 220 332 228 3367 198 212 224 12478 3171 3219 203 320 195 204 304326 327 3213 404 219 319 241 320 190 314 211 3212 312 170 412 180 229 3359 311 403 225 3180 233 219 237 3355 150 160 140 130 3370 3206 227 3362 3183 303 185 3216 3358 3343 120 3177 175 µ 0 540 1,080270Feet General Site Location Site Location Adjacent to 107 Bridgewater way The Lakes at Stillwater Lots 4, 5, 6 and 7, Block 1 and Outlot D and E ^ Te xt Birchwood Landing, LLC Presents Birchwood Landing at The Lakes at Stillwater A Stillwater Senior Community Stillwater, Minnesota Narrative for the Revised Final PUD Plan, Preliminary Plat, and Final Plat Prepared by Bolton & Menk, Inc. INTRODUCTION On behalf of Birchwood Landing, LLC, ILHC of Stillwater, LLC, The Goodman Group, LLC, and Bolton & Menk, Inc., we are pleased to submit this application for revised final PUD (planned unit development), preliminary plat and Final Plat [solely] to replat Outlots D and E, Lakes at Stillwater to include separate lots for each building to be constructed on those lots as well as renumbering: existing Lot 5 to new Lot 9, existing Lot 6 to new Lot 10 and existing Lot 7 to new Lot 11 (Phase 2 of the approved concept PUD). Original Project Overview The Goodman Group (TGG) is an award-winning, nationally acclaimed senior living and health care organization. We recognize a direct link connecting the architecture and design of a community development to optimal senior health and wellness, providing a dignified quality-of life, community integration and long-term sustainability. Stillwater is a premier destination for individuals who value parks, outdoor recreation, and historic boutique charm. As a Minnesota based company, we deeply appreciate the area's rich heritage and scenic beauty-which affords an unusual opportunity to create a legendary senior living community for Stillwater at Long Lake. As you know from the original concept PUD Plan, our team perceives having a strong relational connection between this development's natural landscape and what will be the completed senior living community built environment. We are honoring the property's history with the Department of Natural Resources, Elden Lamprecht's reforestation project and the surrounding neighborhood's appreciation for the natural views. We envision a complementary style of architecture and design, which is already on display with the construction of The Lodge, which has enhanced the rich beauty of the land, while building upon its history of nature conservancy. Our vision for the architecture and design for this senior living community is based on a Minnesota North Woods resort lodge theme, which we envision will complement the landscape and provide the backdrop for a meaningful quality-of-life for Stillwater's seniors, their loved ones, local youth and a dedicated workforce. We envision a beautiful, well-conceived senior living community which offers exceptional health care and services including independent housing, assisted living, memory care, care suites, intergenerational education and programing, as well as an outstanding caliber of amenities and services. Owner & Operator: ILHC of Stillwater, LLC Intergenerational Living & Health Care, Inc. and The Goodman Group, LLC Intergenerational Living & Health Care, Inc. (ILHC) is a nonprofit organization pioneering interactive programs for seniors. Based in Chaska, the organization owns nearly 600 units of independent living, assisted living, memory care, and skilled nursing in four communities in four states, which offer an integrated early childhood center adjacent to one facility and intergenerational programing at all facilities. Founded in 1992, ILHC has a longstanding commitment to interactive programing to bring children and seniors together to cultivate understanding, support, purpose and to share the inherit wisdom between generations. Developer & Manager: The Goodman Group, LLC The Goodman Group, a Chaska MN-based company, is a leader in developing and managing senior living and residential communities, as well as commercial properties. The Goodman Group is a privately held company with 54+ years of experience, overseeing communities with more than 13,800 residents in 59 locations across a wide array of senior living and multi-family options. Platinum Service® is the centerpiece of The Goodman Group's promise to deliver an unparalleled service experience. The organization specializes in the development of person-centered lifestyles for healthy aging through proprietary programs and services to encourage residents' optimal wellbeing.It was the recipient of the 2014 Performance Excellence Advancement Level Award, based on Malcolm Baldrige Criteria. It also was the first long-term care and residential living provider in Minnesota to be proclaimed a Yellow Ribbon Company. Approved PUD Project Background Background information for the approved PUD project is listed as reference to give you a refresher on the original PUD design. This information was approved back in 2017. The street improvements have been installed and The Lodge is finishing up soon. Here is the original approved PUD narrative: The demand for senior housing is rising as the baby boomer population ages and seeks generation- specific housing. According to recent trends, seniors are looking to age-in-place within communities offering a distinctive range of amenities. This proposed senior living community is a re-visioning of a previously approved project, on a portion of the subject site. In 2014, Select Senior Living of Stillwater received approval to construct a three-story, 100-unit senior care facility on 5.87 acres between the Rutherford Elementary School and the Grace Baptist Church. In 2015, Northland Real Estate acquired control of the site and began evaluating the previous project and approvals with the idea that the project could be revived. A new team was assembled to create an expanded vision more in line with the demands of the Stillwater population. In order to deliver a successful project, with a more diverse assortment of living options and necessary amenities, the project would require a broader assembly of land. The Lodge component of The Lakes at Stillwater campus is currently being built on existing Lot 3, Block 1, Lakes at Stillwater. The original concept plan that was approved on April 5, 2016 and the revised concept that was presented to the council on June 7, 2016. The plan has been adjusted to address the Council concerns about shape, height, massing and architecture, as well as the comments voiced at the neighborhood and public meetings. The development team gained control of additional adjacent property including parcels south and east of the original site that was shown in the 2016 concept plan as well as property to the west of the 2016 concept site. The additional land allows the re-envisioned project to offer a more diverse range of housing, services and amenities. The property to the east has undergone extensive reforestation and rehabilitation and now provides an incredible natural amenity for the neighbors and the community at-large. Additionally, these assets are central to the design and orientation of the campus. The balance of the site will remain natural. ORIGINAL REVISED CONCEPT PUD (For Phase 1) The development team requested approval of a concept PUD in the Lakeshore Residential (LR} District to provide an integrated senior living campus. The revised concept plan adds approximately 8.5 acres to the approved concept plan by including the Meisterling property in the project. The Revised PUD Concept plans included 239 units in The Lakes at Stillwater Campus, plus a possible future expansion to Grace Baptist Church (Lot 1) and potential future development of three additional twinhome buildings on the Meisterling's retained parcel (Lot 12). The lot area summary was located on the original Site Plan (sheet C2.1 submitted on May 5, 2017}. It also provided the impervious surface coverage for each lot at full buildout per the PUD Concept Plan. As permitted by Section 31-210 of the Zoning Ordinance, we are requesting concept approval for the entire project, but we will only be requesting final PUD approval for The Lakes at Stillwater senior living campus at this time. The Grace Baptist Church and the Meisterling's will submit their final detailed plans when their developments are implemented. FINAL PUD PLAN (For Phase 1) The development team received final PUD approval of the 239-unit senior living campus, which will allow the City to expand the range of housing options available for the aging population. Our project is consistent with the 2030 Comprehensive Plan, which encourages a range of housing opportunities for the aging population in the community. The Lakes at Stillwater campus is a planned senior living community offering an array of housing and service levels, which will be positioned as market rate rentals. The Lakes at Stillwater campus will allow for aging-in-place, affording area seniors to maintain independence in their homes, for as long as possible, while accessing specialized amenities, care and service needs. • The Lodge will consist of (59} Independent Living Units, (32} Assisted Living Units, (32} Memory Care Assisted Living Units and (16} Care Suites • Birchwood Landing will consist of 30 duplex/triplex/quadplex style cottages and a community unit. • Sandhill Shores is planned 70 Unit -55+ Active Adult community for independent living The flagship destination of The Lakes at Stillwater campus, called "The Lodge" is currently under construction with planned completion very soon. It will provide a rich selection of services and amenities to include a number of common shared fireside areas, library, and restaurant offering scenic views, a bistro, auditorium, wellness/fitness center, movie theatre, and an intergenerational learning lab. We have worked closely with the development team to create a project with a 35-foot maximum building height as allowed by the Zoning Ordinance. Phase 1 will provide below grade parking for residents. The 3-story building allows residents to have access to terraces, private balconies, pedestrian paths and natural features. In order to address the transitions to the adjacent neighborhood, the end caps of the building steps down from 3-to 2-stories, and the campus was expanded to allow the addition of 30 cottage units and community unit on the west and south to soften the transition to the adjacent single family homes. Access to the campus is from County Road 12 in the north-central portion of the lot. This right-of-way location was approved by Washington County (see letter dated July 26, 2016) and turn lanes were constructed as part of the County road improvements last year. The County has reviewed the project and found this access to be adequate for the project as proposed. A new public street (Bridgewater Way) was constructed to serve the campus. All homes, except those on existing Lots 5, 6, & 7, Block 1 (which are served by a private drive) have access to the new public street. The short private drive will serve the three cottage buildings at the end of the cul de sac. A trail in the northwest portion of the site connects the new public street and County Road 12. The primary purpose is to provide a recreation trail connection, and has also been designed to provide an emergency vehicle access, which serves to reduce the length of the cul de sac from that point to less than 750 feet as desired by the City. At the City's request, an additional 1.93 acres of public right-of-way on the southern edge of the project area will be dedicated, but not improved, for a possible future improvement of 72nd Street North and Interlachen Drive. Our plans do not show any access from this project to 72nd Street North. Setbacks We are requesting PUD flexibility on the internal setback requirements, which is typical of a master planned campus such as this, and some flexibility from the 100-foot building setback from CSAH 12. The County has excess wide right-of-way adjacent to this property both on the north for the street and also on the east for the pond, which renders the Grace Baptist church site virtually unbuildable. We are requesting that as part of this PUD, we be allowed to assume a standard 75-foot Yi right-of-way for County Road 12 for building setback purposes. For the majority of this street section to the west, the County has a 75-foot Yi right-of-way. This more typical right-of-way would allow the Grace Baptist church options for future expansion. Our plans reflect this proposed flexibility. There would be no impact on traffic movements as the setback from the street would be consistent with other developments in areas with standard rights-of-way. We are meeting or exceeding all other setback standards for the LS district and the Shoreland Overlay District and ask for this flexibility to allow Grace Baptist Church future opportunities to grow in Stillwater. Shore/and Standards Approximately 93% of the project site is located in the Shore land Management Overlay District. The City's ordinance (Section 31-402) provides standards for development within the shoreland area. The maximum impervious surface allowed in the shoreland area is 25% of the developable area. Our plan has only 23.7% impervious coverage, which is well below the allowable 25% impervious surface area. Because we are proposing a significant open space area as part of this project, we are requesting the flexibility to consider impervious surface area for the project as a whole, rather than individual lots. We have assigned maximum impervious surface limits to each lot to reflect this total, which will allow the city to track development as it progresses through the anticipated phases. Section 31-402 of the Zoning Ordinance requires a 40-foot setback from the top of bluff and a 75-foot setback from the Ordinary High Water Level (OHWL) from recreational development lakes. Our project has shifted the development away from Long Lake and exceeds these minimum setback standards. Prior to developing this submittal package, we met with City and MnDNR staff to discuss our proposal. At this meeting, we learned that, in addition to the adopted City shoreland standards, the MnDNR will be reviewing the project with the City to ensure that the purpose and intent of the shoreland rules have been met. We have reviewed the DNR PUD Evaluation Worksheets provided to us in a pre-application meeting. We understand that these templates were developed to give guidance to cities, but they were not developed with this type of a campus project with its mix of commercial and senior living in mind. However, as we developed our project we did incorporate the MnDNR principle of allowing density bonuses on a tier basis by shifting development away from the lake. The proposed site is divided into four tiers stemming 1,000 feet from OHWL of Long Lake, classified as a Recreational Development Lake, and proceeding landward. Tiers one through three are each 267 feet wide and tier four is 199 feet wide. Our proposed development will be primarily clustered in tiers two, three and four, which is consistent with the purpose and intent. Wetlands The wetland delineation completed by Kjolhaug Environmental services identified two wetlands in proposed Outlet B. There are no impacts proposed to either wetland and the plan provides the required wetland buffers. The campus was designed to take advantage of the wetland views, which also provide a buffer to the homes east of the campus. Stormwater Management Stormwater is managed through a series of infiltration basins and a raingarden that mimics existing drainage patterns. The bulk of the site will drain north to one of three infiltration basins near County Road 12 and only small portion of the site will drain south to an infiltration basin on the south side of Lot 3 north of 72nd Street. The plan will comply with all City and watershed requirements. We have met informally with Brown's Creek Watershed District staff to review our plans and ensure compliance. The watershed will accept a form a I application after City approva I of the plans. Tree Preservation Section 31-522 of the Zoning Ordinance regulates tree and forest protection. The project was designed to minimize tree removal by clustering the development in the northwest portion of the project and preserving the trees on the east and south portions of the site. The plan shows removal of 48% of the 2311 trees on site, which would require 301 replacement trees under the City ordinance. Our tree restoration plan includes 311 trees planted around the new development which fulfills the quantity requirement. In addition, a variety of shrubs, perennials and grasses will be planted to create interesting landscapes within the project. Parking Section 31-510 of the Zoning Ordinance provides parking standards and our plan provides a total of 451 parking stalls, which exceeds ordinance requirements. Phase 1 has a total of 49 underground parking stalls for resident use. The developer will prepare mutual parking agreements and access easements. This will allow parking to be shared by the different buildings within campus and the Grace Baptist church. Utilities Sanitary sewer will be extended from the southwest to serve this site. Water will be extended from CSAH 12 and will be looped through the site. SPECIAL USE PERMIT The development team did request approval for a Special Use Permit (SUP} for a (/Senior Living Community" in the Lakeshore residential district. As noted during the 2016 review process, the SUP allows senior living campuses with a variety of services, and at densities, as proposed within this project. The Lodge complies with the SUP standards in Section 31-207 as follows: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations; The Lakeshore residential district allows Senior Living Care Facilities as a special use. The development has been thoughtfully designed to respond to the senior housing demand referenced in both the City's Comprehensive Plan and recent housing studies by Washington County. The density of the project is typical of senior housing campuses of this type and less than what was previously approved on this site. The plans comply with all City regulations except where flexibility was specifically requested. 2. Any additional conditions necessary for the public interest have been imposed; the project includes preservation of Outlot B, which is the former Jackson Wildlife Management Preserve and we will work with the City to ensure preservation in perpetuity. The plans have been designed to minimize impacts on adjacent properties while offering another level of quality housing options for Stillwater residents. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The Lakes at Stillwater Campus will respond to a documented need for senior housing and will be an asset to the community. The campus will not constitute a nuisance or be detrimental to the public welfare, but will ensure preservation of 26.23 acres of permanent open space in Outlot B, will provide more than 300 new trees and will offer new housing options for residents of Stillwater. Phase 2 Project Background As the construction of Phase 1 wraps up we are requesting a revised final PUD plan, Preliminary Plat, and Final Plat for Phase 2 of the Lakes at Stillwater. Phase 2 will consist of building 30 cottage style attached residential units, including duplex, triplex and quadplex arrangements and a community unit. This plan is consistent with the original concept PUD plan approved by the City of Stillwater. Revised Final PUD Plan We are requesting final PUD approval for the twelve buildings, with 30 cottage style units and one community unit to be located on existing Lots 4, 5, 6, & 7, Block 1, and Outlots D & E, Lakes At Stillwater. This plan will conform with the originally approved concept PUD plan. This project is consistent with the 2030 Comprehensive Plan, which encourages a range of housing opportunities for the aging population in community. Building Height As noted in the original PUD request we plan to transition from the larger Lodge building down to the single story cottage style buildings to allow for a good transition to the existing single family home to the west. Streets and Access All of the new units will be served from the newly constructed Bridgewater Way. The units located on existing Lots 5, 6, & 7 are served by a private drive connecting to Bridgewater Way, the new public street. Setbacks The setbacks proposed in this PUD plan do follow the already approved setbacks for the development. Shoreland Standards The proposed PUD plan does follow the already approved standards for the development. Wetlands The proposed PUD plan will not impact any of the delineated wetlands and does follow the approved standards of the original PUD Plan. Stormwater Management The stormwater will be managed by the inplace infiltration basins and a raingarden. The original design of the property the bulk of the site will drain to the north into one of three infiltration basins near County Road 12 and only a small portion of the site will drain to the south to an infiltration basin located on the south side of Lot 3 north of 72nd Street. The plan will comply with all City and watershed requirements. We have met formally with Brown's Creek Watershed District staff to review our plans and ensure compliance. We met with the Brown's Creek Watershed Boards on March 20th and the Phase 2 plan was approved. Tree Preservation As noted in the original PUD approval we will follow Section 31-522 of the Zoning Ordinance which regulates tree and forest protection. Phase 2 will comply with the originally approved tree replacement plan. In addition, a variety of shrubs, perennials and grasses will be planted to create interesting landscapes with the project. Parking This PUD plan will conform with the City of Stillwater parking standard as defined in Section 31-522 of the Zoning Ordinance. Utilities New sanitary sewer and watermain was constructed and is inplace in Bridgewater Way. Sewer and water services lines were extended into each proposed future lot. Preliminary Plat We are requesting approval for a preliminary plat to create eight new lots to be located on Outlot D & E, Lakes at Stillwater. The plat will conform with all ordinance requirements. This plat will complete Phase 2 of the originally approved concept PUD plan. Final Plat We are requesting approval of the final plat for Phase 2 of this project, which will include eight new lots for construction of eight new single family attached buildings, with 30 units, including a community unit. This plat will conform with all ordinance requirements. Summary The proposal complies with the PUD requirements in Section 31-210 of the Zoning Ordinance, which notes that the PUD is a tool to provide a means of meeting the following goals: 1. Ensuring variety, innovation and flexibility in the development of land and its improvements. 2. Allowing a mixture of uses in an integrated and well planned area to aid in providing a better living environment. 3. Allowing for flexibility in group building development wherein the relationship is between building and building or buildings and site, rather than between building and property lines, as is the case in monostructural development. 4. Preserving natural beauty spots, open space and recreational areas. Phase 2 of Lakes at Stillwater (to be known as Birchwood Landing) meets all the City PUD standards and we respectfully request approval of the Revised Final PUD, Preliminary Plat, and Final Plat. We look forward to the review at the April 24th Planning Commission meeting and the May 7nd City Council meeting. CONTACT INFORMATION This document was prepared by: Nathan Myhra, Survey Project Manager Bolton & Menk, Inc. 1960 Premier Drive Mankato, MN 56001 Any additional questions regarding this application can be directed to Shane Goodman at sgoodman@thegoodmangroup.com or 952.361.8023. N 00°15'23" W173.32L = 2 3 4.8 2 R = 1 5 0.0 0 Δ = 8 9 °41'4 2" 65.02 S 89°57'06" E L =31.06R=57.00Δ=3 1°13'1 5 "133.25N 00°02'54" ES 89°49'08" E 99.12N 24 °50 '44" W48.82180.14S 01°23'19" W94.80N 25°46'27" EN 3 5 ° 1 7 ' 3 1 " W 1 1 3 . 7 4 L=239.83R=250.00Δ=54°57'52"199.62 S 89°43'46" W 89.66N 32°17'58" EL=180.44R=210.00Δ=49°13'52"173.32N 00°15'23" WL=192.07R=310.00Δ=35°29'58"S 68° 5 5 ' 3 7 " E 249. 7 3 S 00°15'23" E678.84DRAINAG E & U T I L I T Y EA S EM EN T A S P ER TH E P LA T O F LA K E S A T S T I L LWA T ER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER D R A I N A G E & U T I L I T Y E A S EM E N T A S P E R T H E P L A T O F L A K E S A T S T I L LW A T E R 10' D R A I N A G E & U T I L I T Y E A S E M E N T A S PER T H E P L A T O F L A K E S A T S T I L L W A T E R 30'15'15'30' DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER 36.9173.56 WETLAND BUFFER LINE PROPOSED WETLAND BUFFER AVERAGING LINE PROPOSED WETLAND BUFFER AVERAGING LINE BCWD WETLAND BUFFER LINE>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOPARKINGNOPARKINGNOPARKINGTTEVENT LAWN EXISTING BUILDING THE LODGE100'SETBACK34' 34'34' REAR YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.1 2 3 4 1 2 3 4B L O C K 1B L O C K 2DRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTL=107.54Δ=19°52'31"L=84.54Δ=15°37'28"147.22212.41112.0084.4931.3991.32105.04 94.58 84.5488.79N 89°44'37" E 175.00 N 89°44'37" E 176.80 S 78°06'3 1 " E 1 9 0 . 7 3 N 89°44'37" E 128.78 N 89°44'37" E 125.00 N 18°05'53" E 125.0019.65153.68131. 9 3 117. 8 0 129.35 61.37 115.0060.00 60' 60'L=27.54Δ=7°30'51"L=152.90Δ=41°43'00" L=43.91Δ=16°46'19" L = 1 9 0 . 9 1Δ=72 ° 5 5 ' 2 4 "L=26.43Δ=6°03'29"L=213.39Δ=48°54'23"1960 PREMIER DRIVE MANKATO, MINNESOTA 56001 (507) 625-4171 FOR: DRAWN BY:FIELD BOOK:JOB NUMBER: R PRELIMINARY PLAT STILLWATER, MINNESOTA OUTLOT D & E, LAKES AT STILLWATER BIRCHWOOD LANDING, LLC C/O THE GOODMAN GROUP NPMM15.118084H:\GOODM_PR\M15118084\CAD\C3D\118084_V_PRELIM_PLAT.dwg 3/21/2019 10:47 AM ©Bolton & Menk, Inc. 2019, All Rights Reserved LAKES AT STILLWATER NO. 2 Outlots D and E , Lakes at Stillwater, according the plat on file and of record with the Washington County Recorder. LEGAL DESCRIPTION All Zoning and Setback information was obtained from the City of Stillwater, MN. For detailed zoning information and specific interpretation of code requirements, contact the City of Stillwater Planning Director at (651) 430-8822. PROPOSED ZONING: subject property - LR (Lakeshore Residential) with a PUD Overlay HOUSE SETBACKS: Front 25' Side 10' Rear 85' from the OHWL Bluff 40' Note: All Structures to be setback 175 feet from the center line of CSAH 12 SETBACK DATA R SCALE IN FEET 0 50 100 LEGEND 3/4" IRON PIPE MONUMENT SET MARKED BY LIC. NO. 46564 MONUMENT FOUND LOT LINES RIGHT-OF-WAY LINE EASEMENT LINES UTILITY & DRAINAGE BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BEING 10 FEET IN WIDTH AND ADJOINING RIGHT-OF-WAY LINES, UNLESS OTHERWISE INDICATED ON THE PLAT. 5' 5'10'Horizontal Datum: HARN 1986 Washington County Coordinate System SUBJECT PROPERTY AREA Outlot D = 124,012 sq.ft. - 2.84 acres Outlot E = 74,094 sq.ft. - 1.70 acres Total Property Area - 198,106 sq.ft. - 5.54 acres LOT AREAS Lot 1, Block 1, = 26,717 sq.ft. Lot 2, Block 1, = 34,207 sq.ft. Lot 3, Block 1, = 19,616 sq.ft. Lot 4, Block 1, = 43,472 sq.ft. Lot 1, Block 2, = 19,322 sq.ft. Lot 2, Block 2, = 22,961 sq.ft. Lot 3, Block 2, = 16,873 sq.ft. Lot 4, Block 2, = 14,937 sq.ft. N 00°15'23" W173.32L = 2 3 4.8 2 R = 1 5 0.0 0 Δ = 8 9 °41'4 2" 65.02 S 89°57'06" E L =31.06R=57.00Δ=3 1°13'1 5 "133.25N 00°02'54" ES 89°49'08" E 99.12N 24 °50 '44" W48.82180.14S 01°23'19" W94.80N 25°46'27" EN 3 5 ° 1 7 ' 3 1 " W 1 1 3 . 7 4 L=239.83R=250.00Δ=54°57'52"199.62 S 89°43'46" W 89.66N 32°17'58" EL=180.44R=210.00Δ=49°13'52"173.32N 00°15'23" WL=192.07R=310.00Δ=35°29'58"S 68° 5 5 ' 3 7 " E 249. 7 3 S 00°15'23" E678.84DRAINAG E & U T I L I T Y EA S EM EN T A S P ER TH E P LA T O F LA K E S A T S T I L LWA T ER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER D R A I N A G E & U T I L I T Y E A S EM E N T A S P E R T H E P L A T O F L A K E S A T S T I L LW A T E R 10' D R A I N A G E & U T I L I T Y E A S E M E N T A S PER T H E P L A T O F L A K E S A T S T I L L W A T E R 30'15'15'30' DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER 36.9173.56 WETLAND BUFFER LINE APPROVED WETLAND BUFFER AVERAGING LINE APPROVED WETLAND BUFFER AVERAGING LINE BCWD WETLAND BUFFER LINE>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOPARKINGNOPARKINGNOPARKINGTTEVENT LAWN EXISTING BUILDING THE LODGE INFILTRATION BASIN 3 BOTTOM = 910.0 100 YEAR HWL=913.99 INFILTRATION BASIN 2 BOTTOM = 910.0 100 YEAR HWL=913.8 INFILTRATION BASIN 1 BOTTOM = 912.0 100 YEAR HWL=916.9 INFILTRATION BASIN 4 BOTTOM = 912.0 100 YEAR HWL=915.62 INFILTRATION BASIN 5BOTTOM = 917.0100 YEAR HWL=919.65INFILTRATION BASIN 7 BOTTOM = 907.0 100 YEAR HWL=907.82100'SETBACK34' 34'34' REAR YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.R A I N G A R D E N B O T T OM = 9 1 4 . 0 1 0 0 Y E A R HW L = 9 1 5 . 2 R A I N G A R D E N B O T T O M = 9 1 4 . 0 1 0 0 Y E A R H W L = 9 1 5 . 2 TH 3 TH 1 TH 1 TH 4 TH 4 TH 1 TH 4 TH 1 TH 1 TH 2 TH 2 TH 2 1 2 3 4 1 2 3 4B L O C K 1B L O C K 2DRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTL=107.54Δ=19°52'31"L=84.54Δ=15°37'28"147.22212.41112.0084.4931.3991.32105.04 94.58 84.5488.79N 89°44'37" E 175.00 N 89°44'37" E 176.80 S 78°06'3 1 " E 1 9 0 . 7 3 N 89°44'37" E 128.78 N 89°44'37" E 125.00 N 18°05'53" E 125.0019.65153.68131. 9 3 117. 8 0 129.35 61.37 115.0060.00 60' 60'L=27.54Δ=7°30'51"L=152.90Δ=41°43'00" L=43.91Δ=16°46'19" L = 1 9 0 . 9 1Δ=72 ° 5 5 ' 2 4 "L=26.43Δ=6°03'29"L=213.39Δ=48°54'23"TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130T RA SH R EC .TRASHR EC .RADON V EN T S TACK Unit 2 -2128Unit 2 -2 130 TRASH REC. TRASH REC. RADON VENT STACK Unit 2-2 128 Unit 2-2 130 UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200DWTRASHREC.TRASHREC.FLATSCREEN TV (N.I.C.)GAS F.P.112b111a110104111b111cLobby101Clubroom111Private Room112Fitness110Clo.104Clo.121RADON VENTSTACKRADONVENTSTACKUnit 2-2300Stor.143734Mech./Jan.145Unisex144Unit 2-4-Type A431960 PREMIER DRIVE MANKATO, MINNESOTA 56001 (507) 625-4171 FOR: DRAWN BY:FIELD BOOK:JOB NUMBER: R P.U.D. PLAN STILLWATER, MINNESOTA LOTS 4, 5, 6, & 7, BLOCK 1, AND OUTLOTS D & E, LAKES AT STILLWATER BIRCHWOOD LANDING, LLC C/O THE GOODMAN GROUP NPMM15.118084 R SCALE IN FEET 0 50 100 H:\GOODM_PR\M15118084\CAD\C3D\118084_V_PRELIM_PLAT.dwg 3/22/2019 2:23 PM ©Bolton & Menk, Inc. 2019, All Rights Reserved LAKES AT STILLWATER NO. 2 LEGEND 3/4" IRON PIPE MONUMENT SET MARKED BY LIC. NO. 46564 MONUMENT FOUND LOT LINES RIGHT-OF-WAY LINE EASEMENT LINES UTILITY & DRAINAGE BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BEING 10 FEET IN WIDTH AND ADJOINING RIGHT-OF-WAY LINES, UNLESS OTHERWISE INDICATED ON THE PLAT. 5' 5'10'Horizontal Datum: HARN 1986 Washington County Coordinate System Outlots D and E , Lakes at Stillwater, according the plat on file and of record with the Washington County Recorder. LEGAL DESCRIPTION All Zoning and Setback information was obtained from the City of Stillwater, MN. For detailed zoning information and specific interpretation of code requirements, contact the City of Stillwater Planning Director at (651) 430-8822. PROPOSED ZONING: subject property - LR (Lakeshore Residential) with a PUD Overlay HOUSE SETBACKS: Front 25' Side 10' Rear 85' from the OHWL Bluff 40' Note: All Structures to be setback 175 feet from the center line of CSAH 12 SETBACK DATA SUBJECT PROPERTY AREA Outlot D = 124,012 sq.ft. - 2.84 acres Outlot E = 74,094 sq.ft. - 1.70 acres Total Property Area - 198,106 sq.ft. - 5.54 acres LOT AREAS Lot 1, Block 1, = 26,717 sq.ft. Lot 2, Block 1, = 34,207 sq.ft. Lot 3, Block 1, = 19,616 sq.ft. Lot 4, Block 1, = 43,472 sq.ft. Lot 1, Block 2, = 19,322 sq.ft. Lot 2, Block 2, = 22,961 sq.ft. Lot 3, Block 2, = 16,873 sq.ft. Lot 4, Block 2, = 14,937 sq.ft. LOT AREA SUMMARY LOT NUMBER PERVIOUS (S.F.)IMPERVIOUS (S.F.)TOTAL AREA (S.F.) LOT 4, BLOCK 1 15,693 9,340 25,033 PHASE 1 LOT 5, BLOCK 1 17,150 8,724 25,874 LOT 6, BLOCK 1 19,898 8,796 28,694 LOT 7, BLOCK 1 17,532 8,376 25,908 LOT 1, BLOCK 1 6,650 26,717 PHASE 2 LOT 2, BLOCK 1 11,588 34,207 LOT 3, BLOCK 1 6,640 19,616 LOT 4, BLOCK 1 6,573 43,472 LOT 1, BLOCK 2 6,920 19,322 LOT 2, BLOCK 2 11,905 22,961 LOT 3, BLOCK 2 6,628 16,873 LOT 4, BLOCK 2 12,359 14,937 19,797 22,302 12,988 31,113 12,672 11,373 10,233 8,364 N 00°15'23" W173.32L = 2 3 4.8 2 R = 1 5 0.0 0 Δ = 8 9 °41'4 2" 65.02 S 89°57'06" E L =31.06R=57.00Δ=3 1°13'1 5 "133.25N 00°02'54" ES 89°49'08" E 99.12N 24 °50 '44" W48.82180.14S 01°23'19" W94.80N 25°46'27" EN 3 5 ° 1 7 ' 3 1 " W 1 1 3 . 7 4 L=239.83R=250.00Δ=54°57'52"199.62 S 89°43'46" W 89.66N 32°17'58" EL=180.44R=210.00Δ=49°13'52"173.32N 00°15'23" WL=192.07R=310.00Δ=35°29'58"S 68° 5 5 ' 3 7 " E 249. 7 3 S 00°15'23" E678.84DRAINAG E & U T I L I T Y EA S EM EN T A S P E R TH E P LA T O F LA K E S A T S T I L LWA T ER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER D R A I N A G E & U T I L I T Y E A S EM E N T A S P E R T H E P L A T O F L A K E S A T S T I L LW A T E R 10' D R A I N A G E & U T I L I T Y E A S E M E N T A S PER T H E P L A T O F L A K E S A T S T I L L W A T E R 30'15'15'30' DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER 36.9173.56 WETLAND BUFFER LINE WETLAND BUFFER LINE BCWD WETLAND BUFFER LINE PROPOSED WETLAND BUFFER AVERAGING LINE PROPOSED WETLAND BUFFER AVERAGING LINE BCWD WETLAND BUFFER LINE >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOPARKINGNOPARKINGNOPARKINGTTEVENT LAWN EXISTING BUILDING THE LODGE INFILTRATION BASIN 3 BOTTOM = 910.0 100 YEAR HWL=913.99 INFILTRATION BASIN 2 BOTTOM = 910.0 100 YEAR HWL=913.8 INFILTRATION BASIN 1 BOTTOM = 912.0 100 YEAR HWL=916.9 INFILTRATION BASIN 4 BOTTOM = 912.0 100 YEAR HWL=915.62 INFILTRATION BASIN 5BOTTOM = 917.0100 YEAR HWL=919.65INFILTRATION BASIN 7 BOTTOM = 907.0 100 YEAR HWL=907.82100'SETBACK34' 34'34' REAR YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.R A I N G A R D E N B O T T OM = 9 1 4 . 0 1 0 0 Y E A R HW L = 9 1 5 . 2 R A I N G A R D E N B O T T O M = 9 1 4 . 0 1 0 0 Y E A R H W L = 9 1 5 . 2 1 2 3 4 1 2 3 4B L O C K 1B L O C K 2DRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTL=107.54Δ=19°52'31"L=84.54Δ=15°37'28"147.22212.41112.0084.4931.3991.32105.04 94.58 84.5488.79N 89°44'37" E 175.00 N 89°44'37" E 176.80 S 78°06'3 1 " E 1 9 0 . 7 3 N 89°44'37" E 128.78 N 89°44'37" E 125.00 N 18°05'53" E 125.0019.65153.68131. 9 3 117. 8 0 129.35 61.37 115.0060.00 60' 60'L=27.54Δ=7°30'51"L=152.90Δ=41°43'00" L=43.91Δ=16°46'19" L = 1 9 0 . 9 1Δ=72 ° 5 5 ' 2 4 "L=26.43Δ=6°03'29"L=213.39Δ=48°54'23"TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130T RASH R EC .TRASHR EC .RADON V EN T S TACK Unit 2 -2128Unit 2 -2 130 TRASH REC. TRASH REC. RADON VENT STACK Unit 2-2 128 Unit 2-2 130 UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200DWTRASHREC.TRASHREC.FLATSCREEN TV (N.I.C.)GAS F.P.112b111a110104111b111cLobby101Clubroom111Private Room112Fitness110Clo.104Clo.121RADON VENTSTACKRADONVENTSTACKUnit 2-2300Stor.143734Mech./Jan.145Unisex144Unit 2-4-Type A43TH 3 TH 1 TH 1 TH 4 TH 4 TH 1 TH 4 TH 1 TH 1 TH 2 TH 2 TH 2 1960 PREMIER DRIVE MANKATO, MINNESOTA 56001 (507) 625-4171 FOR: DRAWN BY:FIELD BOOK:JOB NUMBER: R PHASING PLAN STILLWATER, MINNESOTA LOTS 4, 5, 6, & 7, BLOCK 1, AND OUTLOTS D & E, LAKES AT STILLWATER BIRCHWOOD LANDING, LLC C/O THE GOODMAN GROUP NPMM15.118084 R SCALE IN FEET 0 X 2X H:\GOODM_PR\M15118084\CAD\C3D\118084_V_PHASE PLAN.dwg 3/22/2019 2:27 PM ©Bolton & Menk, Inc. 2019, All Rights Reserved LAKES AT STILLWATER NO. 2 PHASE 1 PHASE 2 PHASE 2 PHASE 2 PHASE 2 PHASE 3 FUTURE PHASE FUTURE PHASE UPUP1.A1.B1.D1.11.41.61.G1.F1.3A5011A5012A5013TRASHREC.TRASHREC.1A6002A600RADON VENT STACK1.E8'-4"8'-8"6'-4"10'-4"1.510'-0"6'-0"6'-8"16'-0"3'-0"7'-8"5'-0"1.C1.H6'-4"6'-0"4'-0"2'-0"4'-8"9'-0"9'-0"4'-8"1.LUnit 2-2A452Unit 2-2A4528'-4"8'-8"6'-4"10'-4"12'-0"16'-8"34'-0"16'-8"12'-0"91'-4"6'-8"54'-4"27'-4"18'-4"18'-4"27'-4"6'-4"6'-0"4'-0"2'-0"4'-8"9'-0"9'-0"4'-8"4A6006'-8"10'-0"6'-0"6'-8"16'-0"3'-0"12'-8"6'-8"16'-0"25'-8"12'-8"61'-0"91'-4"1.J1.21.KCONDENSER LOCATIONCONDENSER LOCATIONA5011A5012A5013RADON VENT STACK5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"A5014A5016A5015RADON VENT STACK5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"2.42.62.B2.A2.32.F2.GA50142.D2.1A5016A50152A601TRASHREC.TRASHREC.1A601A6201SimA6201Sim91'-4"RADON VENT STACK2.E2.56'-8"16'-0"6'-8"5'-8"6'-4"4'-0"3'-0"7'-8"5'-0"2.H6'-8"7'-0"5'-8"3'-4"6'-8"16'-0"3'-0"12'-8"Unit 2-3(Level 1)Unit 2-3(Level 1)3A6017'-0"5'-8"3'-4"13'-8"13'-8"2'-0"4'-0"6'-0"6'-4"6'-4"6'-0"4'-0"2'-0"13'-8"13'-8"2.C2.L2.J2.22.KLOCATION OF SPRINKLER STAND PIPE, RISER, AND FIRE PANEL. SEE SITE PLAN FOR TOWNHOME ORIENTATION3'-10"4'-2"45'-8"45'-8"91'-4"61'-0"6'-8"16'-0"38'-4"2.42.62.B2.A2.F2.G2.DA50162A6011A601A6202SimA6202Sim38'-4"8'-4"13'-8"7'-4"8'-4"8'-0"RADON VENT STACK2.E2.51/8" / 12"3A6012.CSLAB-ON-GRADE ABOVE -SEE STRUCT.2.KCONDENSER LOCATIONCONDENSER LOCATIONNOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated3/21/2019 5:47:10 PMC:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_swilliams.rvtTH1 / TH2(Duplexes)03/22/201918024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA31012620 72ND ST NSTILLWATER, MN 55082Structural:Ericksen Roed & Associates2550 University Ave W, Suite423-SSaint Paul, MN 55114Phone: 651.251.7570https://www.eraeng.com1107 HAZELTINE BLVD STE 200CHASKA, MN 553181/8" = 1'-0"4Level 1, TH11/8" = 1'-0"5Truss Brg, TH1Rev. No. Revision Date1/8" = 1'-0"1Truss Brg, TH21/8" = 1'-0"2Level 1, TH21/8" = 1'-0"6Level -1, TH2 DW3.63.63.53.53.13.13.73.73.33.33.M3.L3.G3.H3.B3.A3.43.4A5022A5023TRASHREC.TRASHREC.FLATSCREEN TV (N.I.C.)GAS F.P.A40011A6022A602112b111a110105111b111cLobby101Clubroom111Private Room112Fitness110Clo.105Clo.121RADON VENT STACKRADON VENT STACK6'-8"10'-0"6'-0"6'-8"15'-8"4"3'-0"7'-8"5'-0"3.F3.J13'-8"13'-8"2'-0"4'-0"6'-0"6'-4"6'-0"6'-6"23'-0"6'-6"6'-0"6'-4"6'-0"4'-0"2'-0"13'-8"13'-8"3.CUnit 2-2A4523.K3.23.2Stor.122104Mech./Jan.103Unisex104A400453.N3.P12'-0"10'-4"6'-4"8'-8"8'-4"4'-6"8'-0"25'-6"6'-6"3'-6"8'-4"8'-8"6'-4"10'-4"12'-0"6'-8"10'-0"6'-0"6'-8"15'-8"4"3'-0"7'-8"5'-0"Unit 2-4-Type A101111d102112a122103Fitness Access10227'-4"18'-4"48'-0"18'-4"27'-4"139'-4"6'-8"16'-0"38'-4"61'-0"12'-0"16'-8"17'-0"48'-0"17'-0"16'-8"12'-0"139'-4"A5022A5021A5023A40023RADON VENT STACKRADON VENT STACKA4004510" / 12"10" / 12"10" / 12"10" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated3/21/2019 5:47:12 PMC:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_swilliams.rvtTH3 (Triplexw-Clubhouse)03/22/201918024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA32012620 72ND ST NSTILLWATER, MN 55082Structural:Ericksen Roed & Associates2550 University Ave W, Suite423-SSaint Paul, MN 55114Phone: 651.251.7570https://www.eraeng.com1107 HAZELTINE BLVD STE 200CHASKA, MN 553181/8" = 1'-0"4Level 1, TH31/8" = 1'-0"5Truss Brg, TH3Rev. No. Revision Date 4.64.54.74.34.D4.F4.84.14.H4.K4.LA5032A5031A5033TRASHREC.RADON VENT STACKRADON VENT STACK6'-8"10'-0"6'-0"6'-8"5'-8"6'-4"4"3'-8"3'-0"7'-8"5'-0"4.J4.M6'-4"10'-4"2'-0"6'-8"8'-8"12'-4"4'-0"2'-0"13'-8"13'-8"4.24.44.G4.A4.B4.C4.N4.P4.Q4.S4.R4.U4.T4.E17'-1 3/8"16'-10 5/8"17'-0"16'-8"12'-0"12'-0"16'-8"17'-0"16'-10 5/8"17'-1 3/8"6'-4"12'-4"6'-8"8'-8"12'-4"4'-0"2'-0"13'-8"13'-8"5'-6"6'-6"6'-4"10'-4"8'-4"8'-8"LOCATION OF SPRINKLER STAND PIPE, RISER, AND FIRE PANEL. SEE SITE PLAN FOR TOWNHOME ORIENTATIONA5032A5031A5033RADON VENT STACKRADON VENT STACKRADON VENT STACK5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated3/21/2019 5:47:14 PMC:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_swilliams.rvtTH4 (Quadplex)03/22/201918024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA33012620 72ND ST NSTILLWATER, MN 55082Structural:Ericksen Roed & Associates2550 University Ave W, Suite423-SSaint Paul, MN 55114Phone: 651.251.7570https://www.eraeng.com1107 HAZELTINE BLVD STE 200CHASKA, MN 553181/8" = 1'-0"4Level 1, TH41/8" = 1'-0"5Truss Brg, TH4Rev. No. Revision Date Level 1, TH1 100'-0" Truss Brg, TH1 109'-1 1/8" 1 A600 2 A600 4 A600 V U00 F F U00 V 7.5 7.37.3 7.4 7.2 7.3 7.4 4.3 7.4 Level 1, TH1 100'-0" Truss Brg, TH1 109'-1 1/8" 7.1 7.37.3 4.3 A B T 7.3 7.4 7.5 4.1 Rockface CMU 4.2 Stone Sill 4.3 Manufactured Stone Masonry Veneer 7.1 CFB Lap Siding, Color 1 7.2 CFB Lap Siding, Color 2 7.4 CFB Trim EXTERIOR MATERIALS KEY 7.3 CFB Panel Siding 7.5 Asphalt Shingle Level 1, TH1 100'-0" Truss Brg, TH1 109'-1 1/8" B 1 A600 2 A600 4 A600 B B B 7.1 7.3 7.4 5.17.57.3 7.47.4 Level 1, TH2 200'-0" Truss Brg, TH2 209'-1 1/8" 2 A601 3 A601 V U00 F F V 7.5 7.3 7.3 4.3 7.4 7.3 7.37.2 7.1 4.3 1 A601 A U27 B 7.5 7.5 7.3 4.3 7.3 7.3 7.1 Level 1, TH2 200'-0" Truss Brg, TH2 209'-1 1/8" Level -1, TH2 190'-8" 2 A601 3 A601 U00j W B B B B B W B U00j 7.5 7.3 7.47.3 7.17.47.4 EXTERIOR ELEVATION NOTES 1. SEE DETAIL MANUAL A830 FOR WINDOW HEAD, JAMB AND SILL DETAILS. 2. SEE DETAIL MANUAL A810, A811, A812 FOR EXTERIOR WALL DETAILS. 3. SEE DETAIL MANUAL A800 FOR EXTERIOR AND INTERIOR WALL TYPES. 4. ALL WINDOWS IN SIDING TO HAVE 4" TRIM SURROUNDS. 5. PROVIDE GUTTERS AT UNIT ENTRIES NOT FORCONSTRUCTIONDate Project Number 1301 American Blvd E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 fax: (612) 879-6666 www.kaaswilson.com Copyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architects As indicated3/21/2019 18:28:32C:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_bdosch.rvtTH1/TH2 - Exterior Elevations 03/22/2019 18024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA50112620 72ND ST NSTILLWATER, MN 55082Structural: Ericksen Roed & Associates 2550 University Ave W, Suite 423-S Saint Paul, MN 55114 Phone: 651.251.7570 https://www.eraeng.com 1107 HAZELTINE BLVD STE 200CHASKA, MN 553183/16" = 1'-0"1 Elevation TH 1-Front 3/16" = 1'-0"2 Elevation TH 1-Side 3/16" = 1'-0"3 Elevation TH 1-Back 3/16" = 1'-0"4 Elevation TH 2-Front 3/16" = 1'-0"5 Elevation TH 2-Side 3/16" = 1'-0"6 Elevation TH 2-Back Rev. No.RevisionDate Level 1, TH3 300'-0" Truss Brg, TH3 309'-1 1/8" 1 A602 2 A602 V U00 F G T P P P T U00k G F U00 V 7.5 7.3 7.3 4.3 7.4 7.3 7.4 7.3 7.27.2 7.3 Level 1, TH3 300'-0" Truss Brg, TH3 309'-1 1/8" A B 7.3 4.3 7.5 7.3 7.47.1 7.4 7.37.3 4.1 Rockface CMU 4.2 Stone Sill 4.3 Manufactured Stone Masonry Veneer 7.1 CFB Lap Siding, Color 1 7.2 CFB Lap Siding, Color 2 7.4 CFB Trim EXTERIOR MATERIALS KEY 7.3 CFB Panel Siding 7.5 Asphalt Shingle Level 1, TH3 300'-0" Truss Brg, TH3 309'-1 1/8" 1 A602 2 A602 BB B BST P P P U00k T T B 7.17.5 7.3 7.4 7.4 7.3 7.3 7.37.4 EXTERIOR ELEVATION NOTES 1. SEE DETAIL MANUAL A830 FOR WINDOW HEAD, JAMB AND SILL DETAILS. 2. SEE DETAIL MANUAL A810, A811, A812 FOR EXTERIOR WALL DETAILS. 3. SEE DETAIL MANUAL A800 FOR EXTERIOR AND INTERIOR WALL TYPES. 4. ALL WINDOWS IN SIDING TO HAVE 4" TRIM SURROUNDS. 5. PROVIDE GUTTERS AT UNIT ENTRIES NOT FORCONSTRUCTIONDate Project Number 1301 American Blvd E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 fax: (612) 879-6666 www.kaaswilson.com Copyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architects As indicated3/21/2019 18:28:43C:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_bdosch.rvtTH3 -Exterior Elevations 03/22/2019 18024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA50212620 72ND ST NSTILLWATER, MN 55082Structural: Ericksen Roed & Associates 2550 University Ave W, Suite 423-S Saint Paul, MN 55114 Phone: 651.251.7570 https://www.eraeng.com 1107 HAZELTINE BLVD STE 200CHASKA, MN 553183/16" = 1'-0"2 Elevation TH 3-Front 3/16" = 1'-0"1 Elevation TH 3-Side 3/16" = 1'-0"3 Elevation TH 3-Back Rev. No.RevisionDate Level 1, TH4 400'-0" Truss Brg, TH4 409'-1 1/8" F 2 A603 V U00 F U00 F U00 F U00 V 4.3 7.3 7.5 7.4 7.2 7.3 7.4 4.37.37.37.4 7.1 7.3 B A P-19 7.3 4.3 7.57.5 7.4 7.3 7.3 7.3 7.3 7.4 Level 1, TH4 400'-0" Truss Brg, TH4 409'-1 1/8" 2 A603 U20 B BBB U20 B B 7.5 7.1 7.3 7.4 7.3 7.4 7.47.17.37.47.1 4.1 Rockface CMU 4.2 Stone Sill 4.3 Manufactured Stone Masonry Veneer 7.1 CFB Lap Siding, Color 1 7.2 CFB Lap Siding, Color 2 7.4 CFB Trim EXTERIOR MATERIALS KEY 7.3 CFB Panel Siding 7.5 Asphalt Shingle EXTERIOR ELEVATION NOTES 1. SEE DETAIL MANUAL A830 FOR WINDOW HEAD, JAMB AND SILL DETAILS. 2. SEE DETAIL MANUAL A810, A811, A812 FOR EXTERIOR WALL DETAILS. 3. SEE DETAIL MANUAL A800 FOR EXTERIOR AND INTERIOR WALL TYPES. 4. ALL WINDOWS IN SIDING TO HAVE 4" TRIM SURROUNDS. 5. PROVIDE GUTTERS AT UNIT ENTRIES NOT FORCONSTRUCTIONDate Project Number 1301 American Blvd E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 fax: (612) 879-6666 www.kaaswilson.com Copyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architects As indicated3/21/2019 18:28:53C:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_bdosch.rvtTH4 -Exterior Elevations 03/22/2019 18024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA50312620 72ND ST NSTILLWATER, MN 55082Structural: Ericksen Roed & Associates 2550 University Ave W, Suite 423-S Saint Paul, MN 55114 Phone: 651.251.7570 https://www.eraeng.com 1107 HAZELTINE BLVD STE 200CHASKA, MN 553183/16" = 1'-0"2 Elevation TH 4-Front 3/16" = 1'-0"1 Elevation TH 4-Side 3/16" = 1'-0"3 Elevation TH 4-Back Rev. No.RevisionDate RESOLUTION NO. 2017-094 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING REVISED CONCEPT PLANNED UNIT DEVELOPMENT, FINAL PLANNED UNIT DEVELOPMENT FOR PHASES 1-3, PRELIMINARY PLAT FOR THE LAKES AT STILLWATER, SPECIAL USE PERMIT FOR A SENIOR LIVING FACILITY, AND THE CAMPUS SIGNAGE PLAN FOR THE LAKES AT STILLWATER CASE NO. 2017-08 WHEREAS, Landform Professional Services, representing both Intergenerational Living and Health Care of Stillwater LLC and The Goodman Group LLC, has submitted an application for approval of: 1) Revised Concept Planned Unit Development for: a 245 unit senior living campus, and a church expansion; and 2) Final Planned Unit Development for Phase 1, Phase 2, and Phase 3; and 3) Preliminary Plat for Lakes at Stillwater: 16 lots and 3 outlots; and 4) Final Plat for Lakes at Stillwater: 7 lots and 5 outlots; and 5) Vacation of a Drainage and Utility Easement; and 6) Special Use Permit for Senior Living Facility in the LR Zoning District; and 7) Signage plan for the Planned Unit Development campus; and WHEREAS, the property subject to the terms of this Resolution are shown in Exhibit A; and WHEREAS, on April 24, 2016 the City Council held a public hearing on the initial Concept Planned Unit Developed and approved it with several conditions; and WHEREAS, on May 10, 2017 the Planning Commission held a public hearing on the revised Concept Planned Unit Development and associated requests and upon hearing testimony from the public unanimously approved with conditions; and WHEREAS, on May 16, 2017 the City Council held a public hearing on the requests and found them to be compatible with the neighborhood and consistent with the Page 2 of 6 City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requests for The Lakes at Stillwater with the following conditions: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein: • Preliminary Plat • Open/Developed Areas • Tree Preservation Plan • Site Plan • Grading, Drainage, Paving, Erosion Control • Utilities • Street profile • Landscape Plan • Trees & Seeding Plan • Lower Level Plans • 1st Floor Plans • 2nd Floor Plans • 3rd Floor Plans • Exterior Building Elevations • Street Lighting & Photometrics • Master Sign Plan • Phasing Plan • Final Plat • Master Trail Plan Cl.2 3/17 /17 4/10/17 Cl.4 3/17 /17 C2.14/5/17 C3.1 3/17 /17 C4.1 3/17 /17 C6.1 3/17 /17 L2.1 3/17 /17 L2.2 3/17 /17 A3.0 4/5/17 A3.14/5/17 A3.2 4/5/17 A3.3 4/5/17 A5.0 4/5/17 El.1 3/17 /17 4/28/17 3/17/17 3/24/17 5/1/17 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. a. The emergency overflow from the pond north on 72nd Street must not flow across 72nd Street. It should be redirected eastward to the drainage ditch. b. A drainage easement shall be dedicated on the final plat for all common drainage areas. i.e. backyard drainage on the west end of the property (town homes). c. The utilities (water and sewer) east of the cul-de-sac serve more than one property. Therefore, these utilities must either be located within a public right-of-way or declared to be private. d. No direct runoff from the site may drain to Jackson Pond. e. The storm sewer from I.B.4 must be extended to the creek. Page 3 of 6 f. Trails on the site should not connect to the 72nd Street right-of-way until a public trail is constructed along 72nd Street. Construction responsibilities for the trail along 72nd Street must be identified in the Development Agreement. g. All electrical and communications utility lines shall be buried. This must be specified in the plans submitted for final plat approval. 3. All pedestrian ramps must be constructed according to current ADA guidelines. 4. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 5. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 6. Stormwater and grading plans must be approved by the Brown's Creek Watershed District, and permit issued prior to release of the Final Plat for each phase. 7. The boundaries of the wetland and pond buffers must have identification signage installed according to Brown's Creek Watershed District rules. Provisions for installing this signage must be included in the Development Agreement, prior to approval of the Development Agreement by the City Council. 8. Since there is no Concept PUD sunset clause for the Meisterling and Grace Baptist Church properties, these properties will need to develop according to City standards and Best Management Practices in place when these properties develop. However, regardless of the City development standards in place then, the planned church addition can be developed according to the foot print and location included in this Concept PUD, and six senior living units can be built in addition to the existing home on the Meisterling property. 9. Future development of the six senior living units (three twin-home buildings) on the Meisterling property (Lot 12) will not be allowed to lengthen the cul-de-sac that accesses County Road 12. One of the two unit buildings could front on the cul-de-sac, but the other units would have to have access directly to 72nd Street with a new cul-de-sac. The other option would be to extend the cul-de-sac that The Goodman Group will be building all the way to 72nd Street. However, it is recognized that today this option is unpopular with neighbors. 10. The six senior living units on the Meisterling property, Lot 12, will have to be relocated. This will have to be shown on the Final PUD application for the Meisterling property whenever it is submitted. This relocation will need to accommodate the DNR condition that no buildings be constructed in Tier 1 of the Long Lake Shoreland Overlay District. 11. The parking lot on Preliminary Plat Lot 2 that is going to be shared with Grace Baptist Church will require a cross access easement and agreement. The easement and agreement must be reviewed and approved by the City Attorney, then filed together with the first plat at Washington County. Page 4 of 6 12. Only two mooring spaces will be permitted on Long Lake; one for The Lakes at Stillwater campus and one for the Meisterling portion of the PUD. 13. A conservation easement, or similar instrument, will be required over Outlots B and C as well as over the wetland buffer areas found on Preliminary Plat Lots 1, 3, 9 and 11. These easements will be required to be approved by the City Attorney and either executed or placed on the final plat itself before the city releases the final plat for filing with Washington County. 14. Blanket drainage and utility easements will be required over all waterbodies, and the Long Lake outlet structure and pipe. These easements will be required to be approved by the City Attorney and either executed or placed on the final plat itself before the city releases the final plat for filing with Washington County. 15. When sign permits are requested for each of the signs shown in the Master Sign Plan, detailed location maps must be submitted with application materials, and all required setbacks from property lines and public right-of-ways will need to be maintained. 16. Materials storage areas and worker parking areas need to be designated away from tree canopies and protected area boundaries. The City Forester recommends that a layer of wood chips (or other suitable materials found acceptable to the City Engineer) be spread in these areas to help absorb the compressing force of the vehicles on the soil's porosity and reduce mud. 17. When trees are removed, industry Best Management Practices are to be followed. Equipment shall not enter into the protected shoreline zone or wetland buffers for tree removal; nor shall any soil thereof be disturbed during tree removing operations. 18. Some or all of the maples included in the tree and seeding plan should be replaced with another species. The replacement species must be approved by the City Forester and included in a revised landscaping plan prior to release of the plat for the first addition. 19. The landscaping plan must be revised by adding 37 more code compliant trees within Phases 1 to 3 of the PUD. This change must be made to the plans prior to release of the plat for the first addition. In addition, for the future development of the Meisterling and Grace Baptist Church properties, three landscaping trees must be added to their plans for each of their lots. 20. The landscaping plan must be revised by relocating some of the evergreen trees to augment the winter screening capability of landscaping along the County Road 12 corridor. This change must be made to the plans prior to release of the plat for the first addition. 21. A trail easement will likely be necessary along the north side of 72nd. The location and width of the easement is to be approved by the City Engineer and Park Commission prior release of the first addition final plat. In addition, the easement document shall be reviewed and approved by the City Attorney prior to release of the plat for filing with Washington County. Page 5 of 6 22. The developer will construct the public trail both on the campus of The Lakes of Stillwater and along the north side of 72nd Street from the point where the public trail on the campus meets 72nd Street eastward to the sidewalk at the intersection of Interlachen Drive and Northland Avenue. The cost of the trail construction on 72nd Street will be credited against the park and trail fees that are associated with the Senior Living Campus. 23. The park and trail dedication fees will be due prior to release of final plats for filing with Washington County. 24. Public and private recreational improvements are being reviewed by the Park Commission again on May 22, 2017. If any additional conditions of approval are generated by the Park Commission, those conditions will need to be included in the Development Agreement. 25. A plan for the exterior building lights must be submitted and found satisfactory by the City prior to approval of the project by the City Council. 26. More details concerning the exterior mechanical equipment is necessary in order to determine the views and noise levels at perimeter property lines. This information should be submitted prior to City Council approval of the project. 27. A Development Agreement found satisfactory to the City Attorney and City Engineer must be fully executed prior to release of the Final Plat for the first addition. 28. The owner of the The Lakes at Stillwater will enter into a Payment In Lieu of Taxes Agreement found acceptable to the owner and the City Council. The agreement must be signed prior to release of the final plat for the first addition. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of May, 2017. CITY OF STILLWATER ~CZltitf. . Tedozlowski:;;(> ATTEST: ~~iuutd Diane F. Ward, City Clerk Page 6 of 6 Exhibit A Subject Property N 00°15'23" W173.32L = 2 3 4.8 2 R = 1 5 0.0 0 Δ = 8 9 °41'4 2" 65.02 S 89°57'06" E L =31.06R=57.00Δ=3 1°13'1 5 "133.25N 00°02'54" ES 89°49'08" E 99.12N 24 °50 '44" W48.82180.14S 01°23'19" W94.80N 25°46'27" EN 3 5 ° 1 7 ' 3 1 " W 1 1 3 . 7 4 L=239.83R=250.00Δ=54°57'52"199.62 S 89°43'46" W 89.66N 32°17'58" EL=180.44R=210.00Δ=49°13'52"173.32N 00°15'23" WL=192.07R=310.00Δ=35°29'58"S 68 ° 5 5 ' 3 7 " E 249. 7 3 S 00°15'23" E678.84DRAINAG E & U T I L I T Y EA S EM EN T A S P ER TH E P LA T O F LA K E S A T S T I L LWA T ER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER D R A I N A G E & U T I L I T Y E A S EM E N T A S P E R T H E P L A T O F L A K E S A T S T I L LW A T E R 10' D R A I N A G E & U T I L I T Y E A S E M E N T A S PER T H E P L A T O F L A K E S A T S T I L L W A T E R 30'15'15'30' DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER 36.9173.56 1 2 3 4 1 2 3 4B L O C K 1B L O C K 2DRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTL=107.54Δ=19°52'31"L=84.54Δ=15°37'28"147.22212.41112.0084.4931.3991.32105.04 94.58 84.5488.79N 89°44'37" E 175.00 N 89°44'37" E 176.80 S 78°06' 3 1 " E 1 9 0 . 7 3 N 89°44'37" E 128.78 N 89°44'37" E 125.00 N 18°05'53" E 125.0019.65153.68131. 9 3 117. 8 0 129.35 61.37 115.0060.00 60' 60'L=27.54Δ=7°30'51"L=152.90Δ=41°43'00" L=43.91Δ=16°46'19" L =1 9 0 . 9 1Δ=72 ° 5 5 ' 2 4 "L=26.43Δ=6°03'29"L=213.39Δ=48°54'23"10' 15' 15' 20' D R A I N A G E & U T I L I T Y E A S E M E N TS 22°43'06" W 127.40S 00°15'23" E 375.42N 19°52 '35" W46.55 17.22 79.13 S 73°0 9 ' 2 8 " E 9 6 . 3 5 S 26 °25 '44" E 88 .41 N 89°43'46" E 78.1177.43 74.16 S 6 3 ° 1 1 ' 5 6 " E 82. 3 7 OFFICIAL PLAT COPY LAKES AT STILLWATER NO. 2 H:\GOODM_PR\M15118084\CAD\C3D\118084_V_FINAL_PLAT.dwg 3/22/2019 2:32 PM THIS PLAT PREPARED BY BOLTON & MENK, INC. R SCALE IN FEET 0 50 100 Bearings are based off the Washington County Coordinate System, NAD83, 1986 Adjustment LEGEND 3/4" IRON PIPE MONUMENT SET MARKED BY LIC. NO. 46564 MONUMENT FOUND LOT LINES RIGHT-OF-WAY LINE LINES EASEMENT & UTILITY BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BEING 10 FEET IN WIDTH AND ADJOINING RIGHT-OF-WAY LINES, UNLESS OTHERWISE INDICATED ON THE PLAT. 5 510 DRAINAGE DRAINAGE & UTILITY EASEMENTS ARE SHOWN THUS: 1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First Amendment”) is entered into as of , 2019 (the “Effective Date”), by and between the City of Stillwater, a Minnesota municipal corporation (“City”), and ILHC of Stillwater, LLC, a Delaware limited liability company (“Developer”). Article 1 1.1 City and Developer entered into a Development Agreement for the Plat of Lakes at Stillwater on October 2, 2017 (“Development Agreement”) for the purchase and sale of real property identified in the Development Agreement. 1.2 Pursuant to Exhibit B of the Development Agreement, the Developer must construct a pedestrian and bike trail as shown on the plans. 1.3 The parties desire to modify the timing for completion of the trail. Article 2 2.1 Amendment to Exhibit B. Exhibit B to the Development Agreement is hereby deleted and replaced in its entirety as attached. Article 3 3.1 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable First Amendment shall run with the land and shall be binding upon the parties and the successors and assigns of the parties. 3.2 Amendment. The parties hereto may by mutual written agreement amend this First Amendment in any respect. 3.3 Governing Law. This First Amendment shall be governed by and construed in accordance with the laws of the State of Minnesota. 2 3.3 Governing Law. This First Amendment shall be governed by and construed in accordance with the laws of the State of Minnesota. 3.4 Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document. [Balance of page intentionally blank – signature pages follow] 2 IN AGREEMENT, the parties hereto have hereunto set their hands as of the date hereinbefore first written. CITY: CITY OF STILLWATER By ________________________________ Ted Kozlowski Its Mayor By ________________________________ Beth Wolf Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2019, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. ____________________________________ Notary Public 3 DEVELOPER: ILHC OF STILLWATER, LLC By: Randall Benson Its Authorized Signatory STATE OF MINNESOTA ) ) ss COUNTY OF ) On this _____ day of _____________, 2019, before me a Notary Public within and for said County, personally appeared Randall Benson to me personally known, who being by me duly sworn, did say that he is the authorized signatory of ILHC of Stillwater, a Delaware limited liability company, the company named in the foregoing instrument, and that said instrument was signed on behalf of said corporation. Notary Public This document was drafted by: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 651-451-1831 4 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 that lies east and south of the cul-de-sac must be completed prior to the issuance of the certificate of occupancy for Phase II. 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. RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR ILHC OF STILLWATER, LLC CASE NO. 2019-11 WHEREAS, on October 3, 2017 the City Council entered into a Development Agreement with ILHC of Stillwater LLC; and WHEREAS, Birchwood Landing, LLC of ILHC of Stillwater, LLC, made application for approval of the final plat known as BIRCHWOOD LANDING; and WHEREAS, as part of the final plat consideration, ILHC of Stillwater, LLC, made request to delay construction of certain public trail improvements; and WHEREAS, on May 21, 2019 the Stillwater City Council reviewed the final plat, final plans and Development Agreement for BIRCHWOOD LANDING and found them to be consistent with the preliminary plat and Final Planned Unit Development plans. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the first Amendment to the Development Agreement relating to the Lakes of Stillwater project. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION NO. 2019- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BIRCHWOOD LANDING CASE NO. 2019-11 WHEREAS, Birchwood Landing, LLC of ILHC of Stillwater, LLC represented by the Goodman Group, has submitted an application for approval of an eight lot single family residential preliminary plat known as BIRCHWOOD LANDING; and WHEREAS, the subject property is legally described as: Outlot D and Outlot E, Lakes of Stillwater, Washington County, Minnesota; and WHEREAS, on April 22, 2019 the Planning Commission held a public hearing on the preliminary plat and on a unanimous vote recommended that the City Council conditionally approve the preliminary plat; and WHEREAS, on May 21, 2019 the City Council held a public hearing on the preliminary plat and found it to be compatible with the neighborhood, the approved PUD (CPC Case No. 2017-08) and consistent with the City’s Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the preliminary plat of BIRCHWOOD LANDING with the following conditions: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein: • Preliminary Plat 3/21/2019 • Open/Developed Areas 4/10/17 • Tree Preservation Plan C1.4 3/17/17 • Site Plan C2.1 4/5/17 • Grading, Drainage, Paving, Erosion Control C3.1 3/17/17 Page 2 of 2 • Utilities C4.1 3/17/17 • Street profile C6.1 3/17/17 • Landscape Plan L2.1 3/17/17 • Trees & Seeding Plan L2.2 3/17/17 • Lower Level Plans A3.0 4/5/17 • Floor Plans • TH1/TH2 Duplexes A310 3/22/2019 • TH3 (Triplex w/ Clubhouse) A320 3/22/2019 • TH4 (Quadplex) A330 3/22/2019 • Exterior Building Elevations • TH1/TH2 Duplexes A501 3/22/2019 • TH3 (Triplex w/ Clubhouse) A502 3/22/2019 • TH4 (Quadplex) A503 3/22/2019 • Final Plat 3/22/2019 • Master Trail Plan 5/1/17 2. Phase II development shall conform to approvals granted by Resolution No. 2017-094, including conditions of approval. 3. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 4. Trail completion shall occur prior to the release of a Certificate of Occupancy for the two TH2’s located on Lots 5 & 6, Block 1, Lakes of Stillwater. Prior to the release of the Final Plat, the Development Agreement’s Exhibit B, Public Improvements, will need to be amended to reflect the required completion date for trail construction. 5. The trail easement shall be recorded against the property. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR BIRCHWOOD LANDING CASE NO. 2019-11 WHEREAS, Birchwood Landing, LLC of ILHC of Stillwater, LLC represented by the Goodman Group, made application for approval of the final plat known as BIRCHWOOD LANDING; and WHEREAS, on April 22, 2019 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, on May 21, 2019 the City Council held a public hearing on the preliminary plat and preliminary plans and found them to be compatible with the neighborhood, the approved PUD (CPC Case No. 2017-08) and consistent with the City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure; and WHEREAS, on May 21, 2019 the Stillwater City Council reviewed the final plat and final plans for BIRCHWOOD LANDING and found them to be consistent with the preliminary plat and plans. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the final plat for BIRCHWOOD LANDING. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May, 2019. CITY OF STILLWATER Michael Polehna, Vice-Mayor ATTEST: Beth Wolf, City Clerk City Council MEMO DATE: May 14, 2019 CASE NO.: 2019-05 HEARING DATES: Planning Commission March 27 & April 24, 2019 City Council May 7, 2019 REQUEST: Amendments to Short Term Home Rental ordinance REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION On May 7, 2019 the City Council approved the first reading of an ordinance making amendments to the Short Term Home Rental (STHR) regulations and licensing program. But, the Council asked for more information to be brought back for the second reading. Specifically, more information on background checks, fees and fines. BACKGROUND CHECKS City Attorney Land provides the following information, which is used in West St Paul for their rental licensing program. Rental Licensing - Police Criminal Background Check Crimes Concerning Dishonesty 609.05 Aiding and Abetting in the commission of a crime 609.52 Theft, including by check or swindle, felony 609.611 Defrauding and insurer 609.63 Destruction of evidence, felony 609.505 Falsely reporting a crime 609.506 Give a false name of another 609.527 Identity theft 609.495.1 Intentionally dissuading a criminal investigation 609.53 Receiving stolen property 609.24 Robbery Crimes Concerning Public Safety 609.561 Arson, felony 609.224 Assault, felony 609.713 Bomb threats 152 Drugs, manufacture and sale, felony 609.595 Criminal damage to property, felony STHR amendment Page 2 609.576 Dangerous smoking 609.33 Disorderly house 609.668 Explosive, negligent discharge, possess w/o permit 609.686 Tampering with a fire alarm 609.495 Harboring a fugitive 624.732 Harmful substance release 609.776 Interfere with emergency communications/911 call 609.322 Prostitution related incidents 609.185 Homicide 609.576 Negligent fires 609.713 Terroristic threats 609.233 Vulnerable adult crimes Crimes Concerning Privacy 609.582 Burglary 609.746 Interfere with privacy 609.746 Window peeping 609.795 Tampering with mail Areas of Concern 609.337 Child abuse 609.342 CSC crimes City Attorney Land also shares the following statutory language concerning background checks for rental housing managers. Background Check Crimes defined in Minn. Stat. §299C.67 subd. 2: Murder - First, Second and Third Degrees Manslaughter - First and Second Degrees Assault – First, Second, Third, Fourth and Fifth Degrees Kidnapping and False Imprisonment Criminal Sexual Conduct – First, Second, Third, and Fourth Degrees Arson – First Degree Stalking (Felony or Non-Felony) Criminal Vehicular Homicide or Injury Robbery or Aggravated Robbery Theft Terroristic Threats Minn. Stat. §299C.69 (a) and (b): Any felony convictions of the above-mentioned list, or convictions of “attempts” of those crimes within the last 10 years from the date of discharge from probation disqualifies that person from being a “manager.” “Manager” is defined (Minn. Stat. §299C.67 subd. 4) as an individual who is hired by an owner and who would have the means, within the scope of the individual’s duties, to enter tenants’ dwelling units. The requirement for a criminal background check has been added to the ordinance. The list of offenses considered disqualifying should probably not be included in the ordinance. Rather, it could either be adopted as a policy, or left to the discretion of the Police Department. STHR amendment Page 3 FEES AND FINES The Council also asked staff to estimate the amount of fees and fines to charge based upon City Costs associated with processing them. License fee 1) Currently the City charges $200 for a license (all three license types). Plus an additional $150 per inspection beyond the first inspection. 2) The total City cost (salaries and expenses) if the license is approved after the first inspection (which has never occurred) is $375.50 ($200 charged in fees). If approved after second inspection, which happens most of the time, the City cost is $426.50 ($350 charged). If approved after the third inspection, which occasionally occurs, costs are $477.50 ($500 charged). So, the City pays more in expenses and salaries than it collects if the license is issued after the first or second inspections. 3) Since most licenses are approved after the second inspection, the City would need to charge $276.50 for the initial license fee to break even. Staff would suggest a $300 license application fee, which would include the cost of the first inspection. The additional inspection fee would remain $150. 4) If the Council would like to increase the fee, that will take an amendment to the annual fee resolution. Nothing would be included in the ordinance. Use Permit application fee 1) The City charges $200 for a Type C Conditional Use Permit application (plus a $25 technology fee). This is the cost for a residential Conditional Use Permit. A non- residential CUP fee is $500. 2) The City cost to process the average STHR Use Permit is $452.25. 3) To break even on costs, the City should charge the application fee for non- residential Use Permits, which is $500. 4) If the Council would like to increase the STHR CUP application fee to $500, staff will simply consider this type of an application to be a non-residential CUP in the future. Nothing needs to be included in the ordinance. Fines 1) The City charges $250 for a first complaint, $500 for a second and $750 for a third. 2) Planning department costs a. 1st and 2nd complaints = $72 b. 3rd complaint = $320. 3) If the City Council’s goal is to cover costs, then the fines do not need to be raised. 4) If the Council wants to increase the fines, the increased amounts will have to be included in the ordinance, since the attached version does not increase the fines. Attachments: April 30 Council report Ordinance Legislative version of ordinance City Council MEMO DATE: April 30, 2019 CASE NO.: 2019-05 HEARING DATES: Planning Commission March 27 & April 24, 2019 City Council May 7, 2019 REQUEST: Amendments to Short Term Home Rental ordinance REVIEWED BY: Abbi Wittman, City Planner Jenn Sundberg, STHR Administrator Kori Land, City Attorney REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION The City is beginning its third season with the Short Term Home Rental (STHR) licensing program. The original ordinance and licensing program have worked well, but a few changes to the ordinance would make it easier for everyone to understand. It would also eliminate several ambiguities. The Planning Commission held a public hearing on March 27th and made a recommendation to approve the revisions on April 24th. COMMENTS In general, the proposed changes are of five types: 1. Relocation of ordinance Move the vacation rental ordinance from the Zoning Chapter of the City Code to the Licensing Chapter of the City Code. Since it is a licensing program, it fits better in the Licensing Chapter. 2. Reorganization of text The details of license application requirements and procedures are currently repeated in the section of code for each license type. But the information is duplicated from other sections of the ordinance. So, this duplicated material in each section is being deleted and replaced with a simple statement that all applicable terms and conditions for the STHR ordinance have to be met. 3. Bedrooms and sleeping areas STHR amendment Page 2 Sleeping areas other than typical bedrooms are offered to guests at some vacation rentals. And, as long as these other sleeping areas have safe egress, they are permissible according to building codes. But, parking is not currently required except for actual bedrooms. So, a proposed change is to refer to “bedrooms and sleeping areas”, which would give us clear authority to require sufficient parking, and be able to more realistically notify neighbors of the potential number of guests to expect. 4. Procedural changes a. The public safety inspection would no longer be required prior to submitting the STHR license application. But, the inspections would still have to pass prior to issuance of the license. b. The property manager would now be responsible for letting neighbors know whenever management contact information changed. Currently, city staff is primarily responsible for this. 5. Enforcement options made more robust i. In addition to the suggested enforcement changes, the Planning Commission recommends that the City Council consider raising the amount of the administrative citations (“fines”). 1. Currently the fine is $250 for the first substantiated complaint, $500 for the second and $750 for the third. 2. City staff has examined the programs of several other Minnesota Cities that have vacation rental programs. We have found none others that issue fines. 3. City Attorney Land advises that the amount of the fine can be whatever the City Council deems appropriate. 4. How many complaints have been substantiated and fines issued? The two substantiated complaints were for the same Type C STHR. So, the first fine was for $250 and the second was for $500. ii. The Planning Commission also discussed requiring criminal background checks to avoid issuing licenses to convicted criminals. City Attorney Land states that the City can add a criminal background check requirement to the ordinance, but the only reason the City can deny a license based on the background would be due to a conviction related to the vacation rental business. And then only if the conviction occurred in the last five years. License Type Substantiated complaints Fines issued A (hosted) 0 0 B (primary residence of owner) 0 0 C (investment property) 2 2 STHR amendment Page 3 Finally, the Planning Commission asked for information on the number of licenses that have been issued. The table below summarizes this information. License Type Number issued Number pending Number allowed by ordinance A (hosted) 2 1 35 B (primary residence of owner) 11 3 35 C (investment property) 14 1 15 RECOMMENDATIONS Planning Commission The Planning Commission unanimously recommended approval of the attached ordinance revisions. They also recommended that the City Council consider raising the fines and the license fees, as well are requiring criminal background checks. City staff Staff recommends approval of the first reading of the ordinance revisions. If the Council finds increased fines, fees and criminal background checks to be necessary, staff will include that in the second reading documents. It is not in the first reading documents. Attachments: Ordinance Legislative version of ordinance 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM HOME RENTAL REGULATIONS IN THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-514.1 is hereby repealed. SECTION 2. Stillwater City Code Section 41-8 is hereby enacted as follows: Sec. 41-8. – Short term home rental regulations. Subd. 1. Purpose. The purpose of this Section 41-8 is to allow short term home rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city’s neighborhoods as well as protect the general public health, safety and welfare. Subd. 2. Definitions. For the purposes of this Section 41-8 the following terms, phrases, words and their derivations shall have the meanings as given here. When consistent with the context, words in the plural include the singular and words in the singular include the plural. 1. Primary Residence, means the dwelling unit within which a person lives for six months plus a day during a calendar year. 2. Primary Resident, means a person living on a property where the property is the person’s primary residence. 3. Short Term Home Rental, Type A (hosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where a primary resident of the property is present while the transient guests are present. 4. Short Term Home Rental, Type B (unhosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property serves as a person’s primary residence but a primary resident of the property is not present while the transient guests are present. This Type B also includes Short Term Home Rental of any Accessory Dwelling Units, non-owner occupied Duplexes or “mother-in-law” apartments. 5. Short Term Home Rental, Type C (dedicated short term rental) means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property does not serve as a person’s primary residence 6. Short Term Home Rental, Type D (Bed & Breakfast) – see the definition of Bed & Breakfast in City Code Section 31-101, Paragraph 16. 2 Subd. 3. License required. No property may be used for Type A, B or C short term home rental unless a license is granted by the city. Type D short term rentals do not require a license but are subject to the provisions of City Code Section 31-504. (1) Term. Licenses shall be valid for three years, unless it is revoked. (2) Renewal. A renewal license must be applied for every three years. The renewal license application may only be submitted after the property has passed a city inspection as required and appropriate fees have been paid. (3) Non-Transferable. Licenses are non-transferable and shall expire upon change of ownership of the property. Subd. 4. License application. Any property owner desiring to undertake short term home rentals must apply to the community development department for a short term home rental license. A license must be approved prior to operating within the city. The license application request must be submitted on the form provided by the city and must include all the information requested on the application form. A criminal background check will be conducted as part of the license application review. Subd. 5. License fee. The license application form must be accompanied by payment in full of the required license application fee. The license application fee will be determined by the city council in the city fee schedule. Subd. 6. License issuance. The process for review and issuance of a license will vary depending upon the type of short term home rental as follows: (1) Type A – Hosted short term home rentals. Type A short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met. (2) Type B – Unhosted short term rental. Type B short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met, however, prior to issuing a Type B license, a neighborhood notification is required, as specified herein: (a) Notices must be mailed by the city to all surrounding property owners according to the following standards: (i) 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; (ii) 200 feet of all applicant properties zoned RA, LR, CTR, TR; (iii) 500 feet of all applicant properties zoned AP. 3 (b) If there are no objections received by the city within 10 days after mailing the notices, then the license shall be issued. (c) If objections are received, then the license application must be considered by the planning commission as follows. (i) The planning commission must hold a hearing. Notices for the hearing will be mailed 10 days prior to the hearing using the distance requirements in Subd. 5(2)(a). (ii) After considering the license request and comments from the neighbors, the planning commission may either approve a one-year provisional license, with or without conditions, or deny the license request. (d) If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years. (3) Type C – Dedicated short term rental. Type C short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met and a Conditional Use Permit is granted. The Conditional Use Permit application will be reviewed according to the process established in City Code Sections 31-204 and 31-207. (4) Type D - Bed & Breakfast. Type D short term home rentals are also known as Bed & Breakfasts and, in addition to the requirements herein, are regulated in City Code Section 31-504. Subd. 7. Zoning District. Short term home rentals shall only be allowed in specific zoning districts as identified in City Code Section 31-315 (allowable uses for residential zoning districts) and Section 31-325 (allowable uses for non-residential zoning districts). Subd. 8. Performance standards. Type A, B and C short term home rentals shall be subject to the performance standards identified below. In addition to the relevant sections noted below, Type D short term home rentals shall also be subject to the standards found in City Code Section 31-504. For Type D, if the terms of the section below and Section 31-504 are in conflict, Section 31-504 shall apply. (1) Parking. (a) In residential zoning districts, all guest parking must be accommodated on improved driveways and improved parking surfaces on the premises. No on-street parking is allowed for guests. At a minimum, parking shall be provided as follows: 4 (i) Units with 1-2 bedrooms or sleeping areas, 1 space. (ii) Units with 3-bedrooms or sleeping areas, 2 spaces. (iii) Units with 4 or more bedrooms or sleeping areas, number of spaces equal to the number of bedrooms or sleeping areas, minus one. (b) In the CBD zoning district, guest parking must either be accommodated on the property of the short term home rental dwelling unit at the same minimum numbers specified above in (1)(a), or a parking mitigation plan must be approved by the Parking Commission. (2) Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days. (3) Number of guests. The maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one. (4) Guest records. The licensee for Type B and C short term rentals must keep a guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours’ notice. (5) Manager Information. For Type B and C short term home rentals, the licensee must provide the name, phone number and address of the owner, operating lessee or managing agent/representative to all property owners within 150 of the property lines. The licensee shall provide any changes to this information to the community development department and to the neighboring properties within 10 days of any such changes. (6) Guest disclosures. The licensee must disclose in writing to their guests the following rules and regulations and must submit a copy of the disclosure to the city with the license application and renewal applications. In addition, the disclosures must be conspicuously displayed in the home. The disclosures must include the following: (a) For Type B and C short term home rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative; (b) The maximum number of guests allowed at the property; (c) The maximum number of vehicles allowed at the property and the approved parking areas; 5 (d) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; (e) That City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 p.m. and 8 a.m.; (f) That no events are allowed to be hosted by a guest on the premises. (7) Posting of license number. The licensee must post the city license number at the property and on all print, poster or web advertisements. (8) Proximity of assistance. For Type B and Type C short term home rentals, the property owner or a manager/representative must be located within 30 minutes travel time of the property. (9) Garbage. As required by City Code Chapter 30-1, Subd. 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. (10) Signage. For Type A, B or C short term home rental no signage is allowed on the property. Type D is allowed to have signage as regulated in City Code Section 31-504. (11) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this Section 41-8, an event means a gathering on the premises of more than three un-registered guests. Events hosted by the property owner are allowed but must comply with all applicable city ordinances and policies, including the prohibition on renting out private residential property for events. (12) Insurance. The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city. (13) There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short term home rental, except that additional on-site city code compliant parking may be provided. Subd. 9. Required health and safety inspections. (1) Type A, B and C short term home rentals. Type A, B and C license applications will not be accepted without an approved inspection report signed by the city’s fire department and building department. The inspection must have been completed no more than 60 days prior to submission of the license application. The list of health and safety items that will be inspected will be included in license application materials so that the licensee will know in 6 advance what items will be inspected. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license will be issued. (2) Type D short term home rentals. Type D short term home rentals are required to have inspections as regulated by City Code Section 31-504. Subd. 10. Site Plan and Floor Plan for Type A, B and C short term home rentals. (1) The applicant must submit a Site Plan of the property drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. (2) The applicant must submit a floor plan of the residence drawn to scale identifying which rooms are proposed to be used as guest bedrooms or sleeping areas. Subd. 11. Limit on number of licenses. (1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any one time. (2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any one time. (3) Type C. No more than fifteen (15) Type C licenses shall be issued at any one time. Subd. 12. Lodging and Sales taxes. In addition to state sales tax, Types A, B, C and D short term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis. The property owner must provide information on a web-based booking service(s) used for the property. If no sales are made during a quarter, a report must be submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 13. Interchangeability of License Types. A licensee may use the license to operate any short term home rental type equal to or less restrictive than the one for which the license was issued. For example, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. If a Type B license is issued, the property is permitted to operate as a Type B or A. However, a Type D owner may onl y operate as a Bed & Breakfast. Subd. 14. Enforcement. (1) Injunctive relief. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek injunctive 7 relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. (2) Misdemeanor. The penalty for a violation of this ordinance shall be a misdemeanor. (3) Fines. In addition to penalty provisions in (1) and (2) above, the administrative fines for violations of this ordinance shall be as follows: (a) For the first substantiated and relevant complaint or violation within a 12-month period, the fine shall be $250.00. (b) For the second substantiated and relevant complaint or violation within a 12-month period, the fine shall be $500.00. (c) For the third substantiated and relevant complaint within a 12-month period, the fine shall be $750.00. (4) Suspension or Revocation. Any short term home rental license may be suspended or revoked for one or more of the following reasons: (a) It is the third substantiated and relevant complaint or violation of the ordinance within a 12-month period. (b) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (c) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee’s business; (d) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the short term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (e) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. In such cases, the license may be forwarded to a hearing officer for consideration of suspension or revocation. The hearing officer procedure is set forth in City Code Section 22-10, Subdivision 4. If the license is suspended, the length of suspension shall be stated in the hearing officer’s decision. If a license is revoked, the owner is prohibited from making application for another license for any type of short-term home rental for a period of 6 months. 8 SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment moves the short-term home rental regulations from the Zoning Ordinance to the Licensing section of the City Code. In addition, the amendment simplifies and clarifies the requirements necessary for administrative issuance of these licenses. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM HOME RENTAL REGULATIONS IN THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-514.1 is hereby repealed. SECTION 2. Stillwater City Code Section 41-8 is hereby enacted as follows: Sec. 41-8. – Short term home rental regulations. Subd. 1. Purpose. The purpose of this Section 31-514.141-8 is to allow short term home rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city’s neighborhoods as well as protect the general public health, safety and welfare. Subd. 2. Definitions. For the purposes of this Section 41-8 the following terms, phrases, words and their derivations shall have the meanings as given here. When consistent with the context, words in the plural include the singular and words in the singular include the plural. 1. Primary Residence, means the dwelling unit within which a person lives for six months plus a day during a calendar year. 2. Primary Resident, means a person living on a property where the property is the person’s primary residence. 3. Short Term Home Rental, Type A (hosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where a primary resident of the property is present while the transient guests are present. 4. Short Term Home Rental, Type B (unhosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property serves as a person’s primary residence but a primary resident of the property is not present while the transient guests are present. This Type B also includes Short Term Home Rental of any Accessory Dwelling Units, non-owner occupied Duplexes or “mother-in-law” apartments. 5. Short Term Home Rental, Type C (dedicated short term rental) means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property does not serve as a person’s primary residence 6. Short Term Home Rental, Type D (Bed & Breakfast) – see the definition of Bed & Breakfast in City Code Section 31-101, Paragraph 16. 2 Subd. 23. License required. No property may be used for Type A, B or C short term home rental unless a license is granted by the city. No property may be used for Type C short term home rental unless granted a Conditional Use permit and a license by the city. No property may be used for Type D short term home rental (aka bed & breakfast) unless granted a Special Use permit by the city pursuant to Section 31-504 of this Chapter. Type D short term rentals do not require a license but are subject to the provisions of City Code Section 31-504. (1) Term. Licenses shall be valid for three years, unless it is revoked. (2) Renewal. A renewal license must be applied for every three years. The renewal license application may only be submitted after the property has passed a city inspection as required and appropriate fees have been paid. (3) Non-Transferable. Licenses are non-transferable and shall expire upon change of ownership of the property. Subd. 34. License application. Any property owner desiring to undertake short term home rentals must apply to the community development department for a short term home rental license. A license must be approved prior to operating within the city. The license application request must be submitted on the form prescribed provided by the city and must include all the information requested on the application form. A criminal background check will be conducted as part of the license application review.The license application will not be accepted by the city unless an inspection report has been signed by personnel from both the city's fire department and building department. Subd. 45. License fee. The license application form must be accompanied by payment in full of the required license application fee. The license application fee amount will be as determined by the city council in the city fee schedule. Subd. 56. License issuance. The process for review and issuance of a license will vary depending upon the type of short term home rental as follows: (1) Type A, – hHosted short term home rentals. Type A short term home rentals are required to have an licenses will be issued administratively issued license from the cityif all the terms and conditions of Section 41-8 are met. 1. A Type A short term home rental license or renewal license will be issued administratively only if: i. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6; and b. Performance standards as found in Subd. 7. ii. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. 3 iii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iv. The property passes the city inspection (see Section 31-514.1, Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. Licenses are non-transferable and shall expire upon change of ownership of the property. 5. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 6. No more than a total of thirty-five Type A licenses may be valid within the city at one time. 7. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 8. Licenses are valid for a period of three years. A renewal license must be applied for every three years. (2) Type B – Unhosted short term rental. Type B short term home rentals are required to have an licenses will be issued administratively from the city.Pif all the terms and conditions of Section 41-8 are met, however, prior to issuing 4 a Type B license, a neighborhood notification is required, as specified below herein:: 1. A Type B short term home rental license or renewal license will be issued administratively only if: i. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6. b. Performance standards as found in Subd. 7. c. Proof of sufficient and suitable property insurance. iv. No more than a total of thirty-five Type B licenses may be valid within the City at one time. v. Notices have been mailed by the city to all surrounding property owners according to the following standards: a. 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; b. 200 feet of all applicant properties zoned RA, LR, CTR, TR; c. 500 feet of all applicant properties zoned AP; and vi. There are no objections received by the city within ten days of mailing the notices. a. If objections are received, then the license request must be considered by the planning commission. (1). The planning commission must review the license request and all objections, as a new business item, at its next regularly scheduled meeting. (2). After considering the license request and comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the license request. (3). If there are no substantiated relevant complaints from neighbors or guests during the provisional year, the permit will automatically extend two more years. If there are three substantiated relevant complaints, the provisional license is automatically revoked and the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. vii. The property passes the city inspection (see Section 31-514.1, Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this 5 purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 5. Licenses are non-transferable and shall expire upon change of ownership of the property. 6. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 7. Licenses are valid for a period of three years. A renewal license must be applied for every three years. No neighborhood notification is required for the renewal of licenses. (a) Notices must be mailed by the city to all surrounding property owners according to the following standards: (i) 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; (ii) 200 feet of all applicant properties zoned RA, LR, CTR, TR; (iii) 500 feet of all applicant properties zoned AP. (b) If there are no objections received by the city within 10 days after mailing the notices, then the license shall be issued. 6 (c) If objections are received, then the license application must be considered by the planning commission as follows. (i) The planning commission must hold a hearing. Notices for the hearing will be mailed 10 days prior to the hearing using the distance requirements in Subd. 5(2)(a). (ii) After considering the license request and comments from the neighbors, the planning commission may either approve a one-year provisional license, with or without conditions, or deny the license request. (d) If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years. (3) Type C – Dedicated short term rental. Type C short term home rentals are required to have both a Conditional Use Permit and an administrative license issued by the city. The Conditional Use Permit and initial license may be processed simultaneously. licenses will be issued administratively if all the terms and conditions of Section 41-8 are met and a Conditional Use Permit is granted. The Conditional Use Permit application will be reviewed according to the process established in City Code Sections 31-204 and 31-207. 1. Conditional Use Permit. The application for the Conditional Use Permit to operate a Type C short term home rental must be filed with the city's community development department on the applicable form. The application will be reviewed according to the process established in Sections 31-204 and 31-207 of this Chapter. In addition, the following procedures, criteria and conditions shall also apply: i. The applicant must submit a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The Conditional Use Permit runs with the land and must be filed in the property's chain of title, but since a license is also required for a Type C Short Term Rental, possession of a Conditional Use Permit is not sufficient to operate. Any new owner desiring to operate a Type C Short Term Rental on property that has an unexpired Conditional Use Permit filed in the chain of title must also obtain a license from the city. A Conditional Use Permit expires if a property is not operated as a Short Term Home Rental for more than a year. 7 iv. The Conditional Use Permit applicant must certify on the city application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Proof of sufficient and suitable property insurance. v. The property must pass inspection by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis (see Section 31-514.1, Subd 9B) prior to holding the public hearing for the Conditional Use Permit. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. vi. No more than a total of fifteen Conditional Use Permits for Type C Short Term Home Rentals may be valid within the City at one time. 2. License. The application form for the license or renewal license must certify by the applicant that all applicable items found in this Section 31- 514.1 are satisfied. That includes: i. A Conditional Use Permit has been issued for the subject property and is still valid. ii. The property has been inspected no more than 60 days prior to submission of the license application by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis. a. An inspection must be completed and the inspection report submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. b. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. iii. Proper zoning as found in Subd. 6. iv. Performance standards as found in Subd. 7. v. Proof of sufficient and suitable property insurance. vi. No more than a total of fifteen Type C Short Term Home Rental licenses may be valid at one time within the City. 3. The license for a Type C Short Term Home Rental may only be issued to the owner of the property and is not transferable to any other entity. 4. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home 8 Rental, except that additional on-site city code compliant parking may be provided. 5. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 6. Type C short term home rental licenses are valid for a period of three years. A renewal license must be applied for every three years. The Conditional Use Permit will not expire unless its use is discontinued for more than a year. 7. The Type C Short Term Home Rental license is not transferable and shall expire upon change of ownership of the property. 8. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 9. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of short term home rental for six months. (4) Type D - Bed & Breakfast. Type D short term home rentals are also known as Bed & Breakfasts and, are required to have a Special Use Permit as regulated in Section 31-504 of this Chapter. in addition to the requirements herein, are regulated in City Code Section 31-504. Subd. 67. Zoning District. Short term home rentals are permitted, with an approved license from the City of Stillwater, in the following Zoning Districts: shall only be allowed in specific zoning districts as identified in City Code Section 31-315 (allowable uses for residential zoning districts) and Section 31-325 (allowable uses for non-residential zoning districts). A. Residential Zoning Districts. Short Term Home Rentals are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals require both a license and a Conditional Use Permit. Type D Short Term Home Rentals (aka Bed & Breakfasts) are allowed by city license in the RCL Zoning District and by Special Use Permit in the RB and RCM Zoning Districts. B. Commercial Zoning Districts. Type A, B and C Short Term Home Rentals are allowed by city license in the CBD Zoning District. They also require a Special Use Permit or Conditional Use Permit. If a Special or Conditional Use Permit already exists for the property, one specifically for the Short Term Home Rental use is not required for Type A and B Short Term Home Rentals. A Conditional Use Permit specifically for the Short Term Home Rental is required prior to issuance of a Type C license. Subd. 78. Performance standards. Type A, B and C short term home rentals shall be subject to the performance standards identified below. Type D short term home rentals shall be subject 9 to the standards found in Section 31-504 of this Chapter. In addition to the relevant sections noted below, Type D short term home rentals shall also be subject to the standards found in City Code Section 31-504. For Type D, if the terms of the section below and Section 31-504 are in conflict, Section 31-504 shall apply. (1) Parking. (a) In residential zoning districts, all guest parking must be accommodated on improved driveways and improved parking surfaces on the premises. No on-street parking is allowed for guests. At a minimum, parking shall be provided at the following rate as follows: (i) Units with 1-2 bedrooms unit or sleeping areas, 1 space. (ii) Units with 3-bedrooms unit or sleeping areas, 2 spaces. (iii) Units with 4 and 4+ or more bedrooms unitsor sleeping areas, number of spaces equal to the number of bedrooms or sleeping areas, minus one. (b) In the CBD zoning district, guest parking must either be accommodated on the property of the short term home rental dwelling unit at the same minimum numbers specified above in (1)(a), or a parking mitigation plan must be approved by the Parking Commission. (2) Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days, since more than that is by definition not a short term home rental property. (3) Number of guests. The maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one. (4) Guest records. The licensee for Type B and C short term rentals must keep a transient guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours’ notice. (5) Manager Information. For Type B and C short term home rentals, the licensee must provide the name, phone number and address of the owner, operating lessee or managing agent/representative to all property owners within 150 of the property lines. The licensee shall provide any changes to this information to the community development department and to the neighboring properties within 10 days of any such changes. (5)(6) Guest disclosures. The licensee must disclose in writing to their guests the following rules and regulations and must submit a copy of the disclosure 10 to the city with the license application and renewal applications. In addition, the disclosures must be conspicuously displayed in the home. The disclosures must include the following: (a) For Type B and C short term home rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative; (b) The maximum number of guests allowed at the property; (c) The maximum number of vehicles allowed at the property and the approved parking areas; (d) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; (e) That City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 p.m. and 8 a.m.; (f) That nNo events are allowed to be hosted by a guest on the premises. (6)(7) Posting of lLicense number. The licensee must post the city license number at the property and on all print, poster or web advertisements. (7)(8) Proximity of assistance. For Type B and Type C short term home rentals, the property owner or a manager/representative must be located within 30 minutes travel time of the property. The community development department must be notified within 10 days of a change in the managing agent/representative or their contact information. The licensee must provide the name, address and phone number for the licensee or managing agent/representative to all property owners within 150 feet of the property boundary. The licensee must notify neighboring properties within 10 days of a change in the managing agent/representation or contact information. (8)(9) Garbage. As required by City Code Chapter 30-1, Subd. 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. (9)(10) Signage. No signage is allowed on the property of a Type A, B or C Short Term Home RentFor Type A, B or C short term home rental no signage is allowed on the property. Type D is allowed to have signage as regulated in City Code Section 31-504. (10)(11) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this Section 31-541.141-8, an event means a gathering on the premises of more than three un-registered transient guests. Events hosted by 11 the property owner are allowed but must abide by comply with all applicable city ordinances and policies, including the prohibition on renting out private residential property for events. (12) Insurance. The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city. (13) There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short term home rental, except that additional on-site city code compliant parking may be provided. Subd. 89. Required health and safety inspections. (1) Type A, B and C short term home rentals. Type A, B and C license applications will not be accepted without an approved inspection report signed by the city’s fire department and building department. The inspection must have been completed no more than 60 days prior to submission of the license application. The list of health and safety items that will be inspected will be included in license application materials so that the licensee will know in advance what items will be inspected. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license will be issued. 1. These types of short term home rentals are required to have, and pass, a health and safety code inspection by city building and fire code staff prior to issuance of a license or renewal of the license. 2. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the licensee will know in advance what items will be inspected. 3. Upon receipt of a complaint, the city zoning administrator will contact the licensee and will determine whether a compliance inspection is required. (2) Type D short term home rentals(aka bed & breakfast). Type D short term home rentals are This type of Short Term Home Rental is required to have inspections as regulated by City Code Section 31-504. Subd. 10. Site Plan and Floor Plan for Type A, B and C short term home rentals. (1) The applicant must submit a Site Plan of the property drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. 12 (2) The applicant must submit a floor plan of the residence drawn to scale identifying which rooms are proposed to be used as guest bedrooms or sleeping areas. Subd. 1011. Limit on number of licenses. No more than a total of thirty-five licenses may be valid at any one time for Type A Short Term Home Rentals. No more than a total of thirty-five licenses may be valid at any one time for Type B Short Term Home Rentals. No more than fifteen licenses may be valid at any one time for Type C Short Term Home Rentals. Type D Short Term Home Rentals are required to have a Special Use Permit, but no license is required. (1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any one time. (2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any one time. (3) Type C. No more than fifteen (15) Type C licenses shall be issued at any one time. Subd. 1112. Lodging and Sales taxes. In addition to state sales tax, Types A, B, C and D short term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis. The property owner must provide information on a web-based booking service(s) used for the property. If no sales are made during a quarter, a report must be submitted to the city stating that no sales were made or lodging tax collected during that quarter. A. The city lodging tax must be collected and paid either by the web based booking company that the Short Term Home Rental is listed on, or by the licensee directly to the city if the Short Term Home Rental does not use a web based booking service. B. The license application must supply information on any web based booking service(s) used for the licensed property. C. The licensee, or booking agent on their behalf, is required to pay the city lodging tax quarterly. If no sales are made during a quarter, a report must none the less be submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 1213. Interchangeability of License Types. A licensee may use the license to operate any short term home rental type equal to or less restrictive than the one for which the license was issued. Therefore For example, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. If a Type B license is issued, the property is permitted to operate as a Type B or A. However, a Type D owner may onl y operate as a Bed & Breakfast. Subd. 1314. Enforcement. A. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek Injunctive Relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. B. The penalty for violation of this Section 31-514.1 shall be a Misdemeanor. 13 C. In addition to penalty provisions A and B above, the fine for the first substantiated and relevant complaint or violation shall be $250.00. The fine for the second shall be $500.00. The fine for the third shall be $750.00 and this third offense shall also result in automatic license revocation. (1) Injunctive relief. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek injunctive relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. (2) Misdemeanor. The penalty for a violation of this ordinance shall be a misdemeanor. (3) Fines. In addition to penalty provisions in (1) and (2) above, the administrative fines for violations of this ordinance shall be as follows: (a) For the first substantiated and relevant complaint or violation within a 12-month period, the fine shall be $250.00. (b) For the second substantiated and relevant complaint or violation within a 12-month period, the fine shall be $500.00. (c) For the third substantiated and relevant complaint within a 12-month period, the fine shall be $750.00. (4) Suspension or Revocation. Any short term home rental license may be suspended or revoked for one or more of the following reasons: (a) It is the third substantiated and relevant complaint or violation of the ordinance within a 12-month period. (b) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (c) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee’s business; (d) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the short term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (e) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. 14 In such cases, the license may be forwarded to a hearing officer for consideration of suspension or revocation. The hearing officer procedure is set forth in City Code Section 22-10, Subdivision 4. If the license is suspended, the length of suspension shall be stated in the hearing officer’s decision. If a license is revoked, the owner is prohibited from making application for another license for any type of short-term home rental for a period of 6 months. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment moves the short-term home rental regulations from the Zoning Ordinance to the Licensing section of the City Code. In addition, the amendment simplifies and clarifies the requirements necessary for administrative issuance of these licenses. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Community Development Department TO: Mayor & Council Members DATE: May 15, 2019 SUBJECT: Driveway standards ordinance Continued 1st Reading REPORT BY: Bill Turnblad, Community Development Director INTRO The City Council tabled the first reading of this ordinance on May 7th for staff to determine widths of existing driveways in Town. COMMENTS Widths of existing driveways vary considerably, depending upon what neighborhood they are found in. The following table summarizes driveway widths measured at the back of the street curb. Neighborhood Width of most driveways Comments Croixwood ≤ 16’ Many wider than 16’, but almost all ≤ 20’ Oak Glen 20 to 24’ Driveway rebuilds tend to be wider, with some as wide as 30’ Millbrook 20 to 22’ Settler’s Glen 14 to 18’ Liberty on the Lake 14 to 20’ Lakeshore lots have driveways 20 to 30 feet wide Historic neighborhoods 12 to 20’ Some are wider than 20, but almost all ≤ 24 feet If the City is looking for a single maximum driveway width that would apply to all residential neighborhoods, then a reasonable maximum may be 20 feet. It represents a middle ground. Most driveways in town are narrower than this, but there are a quite a few wider. bt CITY COUNCIL MEETING DATE: April 16, 2019 REQUEST: Consideration of an amendment to City Code Section 33-5, Minimum Standards for Construction and Reconstruction of Driveways PREPARED BY: Abbi Jo Wittman, City Planner REVIEWERS: City Engineer Shawn Sanders City Attorney Kori Land Community Development Director Bill Turnblad SPECIFIC REQUEST The City of Stillwater is proposing amendments to City Code Section 33-5, Minimum Standards for Construction and Reconstruction of Driveways. The proposed Ordinance includes:  Establishing the maximum residential driveway width of 16’ between the property line and the back of curb; and  Including a minimum standard for paver driveways. PURPOSE OF REQUEST Maximum Driveway Width The City requires all new or reconstructed driveways to be improved with impervious surface material. This requirement increases the amount of impervious surface material in the City’s boulevard areas. A reduced driveway width will promote infiltration and treatment of surface water on public lands, potentially diverting water from the City’s storm sewer system. If approved, the amendment would not affect a property owner’s ability to create a driveway greater than 16’ on their private land. Paver Design In recent years the City has seen a growing interest in allowing for paver driveways. However, the City Code does not specifically allow for the construction of this type of driveway. Therefore, incorporation of this type of driveway design would allow for an additional improved driveway design. Driveway Standards Amendments City Council: April 16, 2019 ALTERNATIVES The Council has the following alternatives: A. Approval If the findings are made that the public necessity and the general community welfare warrant the amendment and is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan, then the Council should move to approve the City Code amendment. B. Table If the Council finds that the request is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Council finds the proposal is not a public necessity or that the general community welfare is not furthered, the Council should deny the request. RECOMMENDATION Staff recommends approval of the attached Ordinance, amending City Code Section 33-5, Minimum Standards for Construction and Reconstruction of Driveways. ATTACHMENTS Draft Ordinance ORDINANCE _________ AN ORDINANCE AMENDING SECTION 33-5 OF THE STILLWATER CITY CODE The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Section 33-5 City Code, Minimum standards for construction and reconstruction of driveways, is hereby amended as follows: Sec. 33-5 - Minimum standards for construction and reconstruction of driveways. Subd. 1. Purpose. It is the purpose of this section to establish minimum standards for the construction and reconstruction of driveways within the city. Subd. 2. Standards. The minimum standards are as follows: (1) For the construction of residential driveways: a. Driveway Width. The maximum driveway width at the back of curb is 20 feet. b. Surfacing Material. i. Concrete driveways: Four inches of compacted sand and five inches of concrete; ii. Bituminous driveways: Four inches of Class 5 gravel and two inches of bituminous; iii. Paver driveways: A minimum of six inches of Class 5 gravel and one inch of sand. (2) For the construction of commercial driveways: a. Concrete driveways: Four inches of compacted sand and six inches of concrete; b. Blacktop driveways: Four inches of Class 5 and four inches of bituminous. (3) Any sand or aggregate base should be compacted to 100 percent of the Standard Proctor Density. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance sets clearer minimum standards for the construction of residential driveways. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 21st day of May, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________   TO: Mayor and City Council FROM: Tom McCarty, City Administrator DATE: May 16, 2019 SUBJECT: Lowell Park Utility Box Mural Project BACKGROUND At the March 20, 2018 City Council meeting, Fitzie Heimdahl presented a proposal to have local artists wrap or paint City utility boxes in Lowell Park. Mr. Heimdahl also submitted for and received a Great Ideas grant from the Stillwater Area Community Foundation to help fund the project. And he requested funding support from the City to assist in providing a stipend for the artists. The City Council approved the proposal to wrap or paint city owned utility boxes in the downtown area as identified by the City Public Works Director and approved a city contribution of $600 from the Community Beautification Fund to support Mr. Heimdahl’s proposal. Mr. Heimdahl has spent the last year soliciting artists to submit proposed artwork. Seven artist proposals have been reviewed by an independent review panel (see attached information) and the review panel is recommending approval by the City Council so that the project can move forward. Once approved, all artwork activity will be coordinated with public works department and the City can release the allocated funds. ACTION It is recommended that the City Council approve the submitted artwork for seven city owned utility boxes and authorize staff to release the $600 city contribution from the Community Beautification Fund for the project. Further, all artwork activity must be coordinated with the City Public Works department. 1 Beth Wolf From:Fitzie Heimdahl <heimdahlf@gmail.com> Sent:Friday, May 03, 2019 3:16 PM To:Beth Wolf Cc:Tom McCarty Subject:Re: Power of the St. Croix Utility Box Mural Project Artist Submissions Attachments:North Lowell Boxes.JPG; South Lowell Boxes.JPG; Kami Mendlik Box 3 Application.pdf; Kathy Adamek Box 4.pdf; Karlyn Eckman Box 6 Submission.pdf; Jane Dierberger Box 8.pdf; Tanner Palmer Box 9 Aquatic Labyrinth.pdf; Paul Quie Box 10 Sense of Place.pdf; Kristin Prideaux Box 5 Riverscape.pdf City of Stillwater  216 4th St North Stillwater, MN 55082 Hello,    It is my absolute pleasure to announce that seven artist proposals have been received for utility boxes along Lowell Park in Stillwater.     An independent review panel consisting of artist across the St. Croix Valley met and reviewed the proposals received thus far as part of the Power of the St. Croix Utility Box Mural Project. The review panel determined that the attached artist proposals have met the project criteria, and recommended they be approved by the city. We believe these proposals will contribute to the visual and textural character of the city and create a sense of place that will improve the appearance of the community for residents and visitors alike.    This project is part of the Power of the St. Croix Utility Box Mural Project funded through the 2018 Great Idea Competition Grant from the Stillwater Area Foundation, with the partnership of the City of Marine on St. Croix, the City of Stillwater, and the Washington County Historical Society. Granting the City’s final approval, a check will be mailed to the artists from ArtReach St. Croix, and the proposal will be installed by the artist or contractor working on this project within a timely fashion after awarding of said check. Once, I receive word that the proposals have the final approval needed, and the checks have been written. I will coordinate between the artists and public works on installation time frames. I will also need to coordinate with the city to make sure that the boxes are safe and accessible for artists to begin working.     Attached are proposals from artists: Kami Mendlik for Box 3 titled: St. Croix Melody, Kathy Adamek for Box 4 titled: Bluff, Kristin Prideaux for Box 5 titled: RiverScape, Karlyn Eckman for Box 6 titled: Rower, Jane Dierberger for Box 8 titled: Starry Night over (stillwater) the St. Croix, Tanner Palmer for Box 9 titled: Aquatic Labyrinth, and Paul Quie for Box 10 titled: Sense of Place.   Thank you for being a partner in this project!    Sincerely,    Fitzie Heimdahl  Power of the St. Croix Utility Box Mural Project   Utility Box Mural Project Proposed Locations      Artist Name Box Location Artwork Title Kami Mendlik 3 St Croix Melody Kathy Ademek 4 Bluff Kristin Prideaux 5 RiverScape Karlyn Eckman 6 Rower Jane Dierberger 8 Starry Night over Stillwater(St. Croix) Tanner Palmer 9 Aquatic Labyrinth Paul Quie 10 Sense of Place North South        Application Artist Name: Kami Mendlik St Croix River School of Painting Mailing address: 10390 118th St N, Stillwater MN 55082 email address: kamifineart@icloud.com website: kamimendlikfineartstudioonline.com Phone 651-210-4337 Desired Box Location: #3 Stillwater (in front of Co-op) Artwork Information ( 100 words or less inspiration behind proposal - this might be included in marketing materials) Artwork Title: St Croix Melody Artist Bio: Kami Mendlik grew up just north of Stillwater, MN on the family land where her daily wanderings taught her to have a great love and respect for the qualities of the natural world that later provide her with the inspiration which has led her on a lifelong journey as a painter. As part of her journey she has studied with some of the country’s finest painters, and for the last fourteen years she has been actively teaching plein air and representational oil painting classes and workshops through the The St Croix River School Of Painting as well as other art schools and venues throughout the United States and Italy. In 2008, Kami started and founded the St Croix River School of Painting in Stillwater MN where she teaches the fundamentals of representational painting with a special emphasis on color. In January of 2014 she purchased a 16 acre farm just North of Stillwater, where she converted a 100 year old hip roof barn into her studio and the St Croix River School of Painting's new location. The property has become a great source of inspiration for countless painters. Kami’s work has been in numerous International, National, Regional, and Solo shows and exhibitions such as (partial listing) OPA - Oil Painters Of America National and Eastern Regional Exhibitions, Signature Member of the AWA – American Woman Artists Juried Exhibition, Field Artist in Plein Air Magazine’s 4th Annual Plein Air Convention and Expo, Carmel CA. , Plein Air Smack Down Guest Painter- Groveland Gallery, “Moments”, Solo exhibition at the Phipps Center for the Arts in Hudson WI; The National Juried American Impressionist Society Exhibition, and the Door County Plein Air Festival Featured Artist in Door County WI. Articles, partial listing: Southwest Art Magazine 2017, Plein Air Magazine June/ July 2016, Art of the West Magazine March/ April 2013, Oil Painters Of America, 2016. “I am driven by my endless curiosity to study and capture color with paint. The source of my inspiration is the simple scenes in life, primarily the natural world. I am constantly dancing the dance between passion and intellect while painting. I observe, I study, I think, I respond, I paint – it’s my language.” Why do believe public art is an important part of the community? Public art is free! It does not discriminate! It is a gift for everyone to experience and grow from. One piece of art can influence and effect people of any age from a young child through later years of life. Seeing artwork in a community setting develops a subconscious and conscious respect for the arts that will influence and help art and the history of art continue to grow. Art is a universal language. It is a way to communicate to and through our senses. Art, as in life is a constant dance between passion and intellect. The language of art can be used to communicate countless ideas, concepts, emotions, beliefs, inspirations. . . . Tell us how your proposal fits in with the theme of the St Croix River? It is the river, the river I have spent my entire life studying and honoring with paint. Kathy Adamek I hav. beefl ~'«'in ok>nu lht:'1 S~ Oob< rh•e< and mc1k.ing crt as a protesS'on 1mce 199 I 111 2005 . I hAcome u n owner ol lllo s1mwo 1 er N, Gui Go1lery, ~ o p,ornol, n-.y own orl and lo be o pcfl of promo n I and enr:ourog1n9 lo~al orlTsh . ~ am a oofnler end 0 1 oor1e, focused1 mi notur _ .. ,n rny own o~lroct woy My very 'flr1r fob o on orliil was in 19·16 wi1h ~he SI ?aul Arts cour;cn. who were ·1n rtie beg1rin,ng stogm .of COMPAS (Comrnunltv Programs in ,ne Ans ar.d Science.s.1 . l loughf polnlino. pr,nl-mo ,ng ond mural pQ1nhng lo Sen,o Gn'1 chijdr n '" lhe St P.oul commurn1v educohpn dlstrk:ts. I sow how ' hos.a programs; reached peopte tho would o t herwk\e not have access to lhe-oppo.iunme~ 01 mol<ting off I om o l..fUGE beheverin community ort My submi~on ot ··el1Jff1 will be on ~pon5ion o f o poln'ing1 f 40 " • 40'' ~ lho I ongfnaUy did tor lhe celebrolion of lhe 50'11 anniversary ol lhe Scen5c We erways AcJ I hrs post ,2()1.8) yeor IT WO$ port ot O iUried lroveOr,g show 1hal began al · he Stiltwot,er An Gurrd Gotlery and I en oppr~prkltely spen'I the las1 mon!h ol S1 C,oix Scenic Rive,way Park heodquorlers i St Croix FoUs. Wt I have recennv so1d the pain1ing but w~utd lite to elongole ond ralrofrt 1he cmage lo any box.. At1l~1 ~flnu:,; _,\rt\\"Od: Titl~: J~~·:Number: .,, a, •• ~ ~-~ Ch s: ~ .., ---~ ," ~ J ~ , '\ ~ - I ~ -.g • Artist Bio Please attach a brief biography of yourself as an artist, including previous work if available. www.argentephoto.com As an abstract photographer, I examine the often overlooked minutia of everyday life. Composing through a macro view I discover patterns, colors and textures that create unique landscapes, familiar shapes and captivating repetitions. I depend on the capture to create my imagery, rather than digital manipulation. My captures can sometimes be deceiving. My intention is not to trick but to provoke thought and engage the viewer’s imagination and visual context. The bulk of my work being shown recently are from my "Lift Bridge" Series. They are less than pocket size blemishes on the finish of the steel and concrete structure of the Historic Stillwater Lift Bridge. They were captured between May and the final day of it’s public access, August 2nd, 2017. The discovery of these tiny art works hidden in plain sight is thrilling to me. These fascinating rust spots will be remembered only through photographs as the surface of the bridge will be sandblasted and repainted in it’s transformation to a pedestrian pathway. The images in the “Surreal Lift Bridge” series were produced while documenting the aforementioned images. The surreal, cubist effect was obtained through the use of a shattered found object lying on the bridge deck. While traveling too close to the steel structure, an oversized RV lost it’s side mirror, resulting in my creation of these striking reflections. A Twenty-first Century Fauve, I strive to transcend the typical concept of a photograph. I interpret my environment with my metal and glass brush, focusing on expression rather than on realities. Recent Shows 4/2017 - Spring Saint Paul Art Crawl 6/2017 - Lowertown First Fridays - Guest Artist Tilsner Artist Cooperative - St. Paul, MN 7/2017 -Art In the Park - Andy’s Gallery Saint Paul Saints CHS Field - St Paul, MN 7/2017 - Member Show - St Croix Art Reach Stillwater, MN 8/2017 - Fusion Gallery International Online Juried Show - Black and White 8/2017 - Member Show - The Phipps Center for the Arts 10/2017 - Community Art Show - Wildwood Public Library - Mahtomed, MN 10/2017 - Fall St Paul Art Crawl 11/2017 -1/2018 - Solo exhibition - Pizza Lucé - Saint Paul 12/2017 - Art Reach Holiday Pop Up Shop 1/2018 - Solo Exhibition - Wildwood Public Library - Mahtomedi, MN 2/2018 - First Friday Artist - Solo Exhibition - Chilkoot Cyclery and Cafe - Stillwater, MN 2/2018 - 'Order/Chaos' at The Show Gallery - St. Paul, MN 3/2018 - Solo exhibition - Pizza Lucé - MPLS Seward 4/2018 - Spring Saint Paul Art Crawl - Guest Artist -Tilsner Cooperative Building - 1st Floor 4/2018 - 5/13/18 - Bridges and Borders - ArtReach - Stillwater, MN 4/27/2018 - 6/13/18 - My Main Street - Red Wing Arts Center - Red Wing, MN 5/17/2018 - 6/30/18 - Close to Home - 3 Artist Show - Art Reach - Stillwater, MN Artist Reception 5/17/2018 6-8 pm Upcoming Shows 7/12/18 - 8/30/18 - ArtReach Member Show 8/2018 - Phipps Member Show 9/2018-12/18 - Solo Show at the Hudson Hospital Healing Arts Program Phipps/Art Center 9/15/18-9/16/18 - Marine on Saint Croix Juried Art Fair 1/1/19 - 2/28/19 - Minneapolis Women’s Club Gallery - Solo Show 5/2019 - Stillwater Public Library - Solo Show Why do you believe public art is an important part of the community? Public Art belongs to a community and those who visit. It opens a dialogue, and encourages engagement through its visual apperance or subject matter. It can be stumbled upon or sought out. It takes place in an environment everyone has access to and feels welcome in. Public art enhances the setting it is in and gives the viewer an pleasurable experience. Public art expands the love and appreciation of art to unsuspecting viewer. In the case of the Stillwater Electrical boxes, it transforms the ordinary overlooked object into a canvas and allows the heart and soul of our community to come to life. Tell us how you proposal fits in with the theme of the St. Croix River? The imagery is from the Stillwater Lift Bridge. Itself now being transformed, the rust spots from it’s most recent surface would a bit of historical context. Hopefully the box, or boxes, would be nearby in proximity. A fun discovery that the pieces of art themselves came from the famous structural icon of the community. Artwork Information This would be vinyl wraps that wrap around the entire box. 1) River Scape Photograph Box 5 From the rusting steel grey-blue structure. The tiny patch of rust creates it’s own landscape hidden in the landscape. Stillwater Artist Application St. Croix Utility Box Mural Project ArtReach St. Croix Applicant: Karlyn Eckman 973 Raymond Avenue Saint Paul, MN 55114-1107 Phone: 651 308 7285 Email: eckma001@umn.edu Website: www.eckmanart.com Date submitted: October 22, 2018 (revised January 8, 2019) Desired box location: Box 6 (Stililwater) Utility box 6 is located in South Lowell Park on a walkway between two parking lots and is a few hundred feet from the St. Croix River. Dimensions of Utility Box 6 are 35” wide x 13” deep; and 36” high. There are only a few small mechanical areas that probably cannot be covered by vinyl on this box. I am currently seeking a local graphics company that can wrap the box. Artist bio I paint mainly in the genres of landscape, historical and nautical art, working in oil, watercolor and metal point drawing. I am attracted to compositions with balanced forms and strong contrasts of light and shadow. My goal is to create a work that brings beauty, serenity and lasting enjoyment to the observer. My family has historic ties to the St. Croix River. My parents and grandparents had homesteads on tributaries of the upper St. Croix watershed, and as kids we often picnicked and hiked at Taylor’s Falls. I own a primitive cabin near St. Croix State Park in Pine County on a tributary (Crooked Creek), where I often paint and kayak. My extended family lives in Danbury, Grantsburg, Rush City and St. Croix Falls. I have felt deeply connected to the St. Croix my entire life. I often attempt to capture the incredible beauty of the St. Croix in my paintings. I was a Pine Needles artist-in-residence in September-October 2017. My professional life has been centered at the intersection of water research and the arts. Before retiring from the University of Minnesota, I researched water quality problems in Minnesota, on tribal lands (Fond du Lac, Grand Portage) and in several developing counties. I am a semi-retired adjunct faculty member in the University of Minnesota Department of Forest Resources and continue to advise graduate students. I was a four-term Commissioner on the Mississippi Watershed Management Organization. I am also a board member of Outdoor Painters of Minnesota, a member of the Northeast Minneapolis Artists Association and Grand Marais Art Colony, and coordinate the annual open studio event at the Artblok complex in Minneapolis. I am also active in outreach and teaching, both at the U of MN and in the arts. Artwork Information I am submitting the images of a rower on the St. Croix River. I completed about thirty paintings during my stay at Pine Needles as an artist-in-residence in September 2017. Rower #1 is an original watercolor painting that is 10 x 12 inches on Arches paper. Rower #2 is a small oil painting, about 8 x 10 inches, on stretched linen. The subject is a local resident and boat builder. Why do you believe public art is an important part of the community? I am committed to fostering the arts and environmental conservation in local communities, both locally and globally, and seek ways to integrate these broad themes. Public art contributes to a vibrant, informed citizenry and to communities. Public art informs, educates, stimulates and often beautifies a location. It can contribute to way-finding, reveal and interpret local history, and foster communication between people. The utility box mural project does all of these, as I’ve seen happen with a similar project in Southeast Minneapolis. An unsightly industrial-looking object can become transformed into a work of art, drawing visitors and sparking conversations about art, artists, and favorite local places. As a Pine Needles resident, I worked with the St. Croix Watershed Research Station and Friends of the SCWRS on some public outreach events. I embrace their goals of public education, research, and outreach, as well as sharing my experience as a Pine Needles resident artist. During my residency I set up plein air easels and invited members of the Friends of SCWRS to work on two paintings Piece Title: Rower together. The two pieces of community-created art were donated to the Station. Tell us how your proposal fits in with the theme of the St. Croix River? As noted, I was fortunate to be chosen as one of three artists in residence at Pine Needles in 2017. The historic Pine Needles facility was donated by the Dunne Family and is operated by the Science Museum of Minnesota and the St. Croix Watershed Research Station. During my stay at Pine Needles I focused on capturing light reflected on water, and especially moving water. I completed over three dozen paintings, sketches and studies of the St. Croix River in September 2017, and continue to develop new paintings based on my residency at Pine Needles. I am deeply grateful to the St. Croix Watershed Research Station for that extraordinary opportunity, and to the residents of Marine on St. Croix for their wonderful hospitality and collegiality. This specific location (South Lowell Park) is located in within a large impervious surface (parking lot) that appears to drain directly into the St. Croix river. As a watershed scientist I am keenly aware that stormwater runoff from parking lots can carry pollutants (such as de-icing chemicals and fertilizers) and litter directly into water bodies. By placing a painting of the river in the parking lot I am hoping to contrast the hard surfaces of the lot with moving water portrayed in the painting. Many passers-by may not make the connection, but my hope is that I can link my work with local stewardship efforts to conserve and protect the St. Croix. I will seek opportunities for public outreach and education if my submission is accepted. Stillwater Artist Application Name: Jane Dierberger 4897 Neal Ave. N., Stillwater, MN 55082 Email: gjleap@aol.com Phone: 651-430-0937 Name of School or Organization (if applicable): Date Submitted November 26, 2018 Desired Box location (we will let you know if your first pick isn’t available): Box # 8 in front of Freight House Artist Bio Please attach a brief biography of yourself as an artist, including previous work if available. Please see: www.janedierberger.art Artist: Stillwater Art Guild Gallery, Art Reach St. Croix, The Art Preserve White Bear Lake, Kah-Nee-Tah Gallery, Lutsen, A Spacious Place, Stillwater, Lake Elmo Coffee Shop, Tippy Canoes, Osceola Photographer: Greater Stillwater Chamber of Commerce, Artistic Product Photography Why do you believe public art is an important part of the community? Public art raises awareness of local artists and highlights natural beauty of the area. Tell us how you proposal fits in with the theme of the St. Croix River? Starry Night over (Stillwater) the St. Croix is a whimsical interpretation of Vincent Van Gogh’s famous “The Starry Night”…featuring many of the historic buildings and geographic landmarks in Stillwater including the River and the bluffs. The River is illuminated and runs across the painting. I thought this piece would look appropriate in a spot which is more urban – parking lot, restaurants, etc., and where the Commander Bldg. is visible in the background – echoing the artwork. The piece is lively and would be a nice fit in front of the lively Freight House, which is also seen in the painting, and this utility box is almost a perfect square. Also, an added benefit if you parked your car near it - you’d never forget where you parked! Artwork Information Please include Title of Submission, medium, submission description in no more than 100 words for each submission. (Rendering must be included in color provided showing all sides using template below, or your own). This will be used to promote your box. Please return your application with all questions answered and accompanying material to: Attention: Fitzie Heimdahl ArtReach St. Croix 224 N. 4th Street Stillwater, MN 55082 info@artreachstcroix.org Utility Box Design Template This is a typical utility box diagram representing the four sides and top. Please use it to sketch the images as it would be painted with directional arrows. Unique colors and bold graphics work well, along with bright images that can be seen from a distance. Detailed images in color of each side must be submitted on 8.5” x 11” paper. Actual utility boxes vary in size shape size and will have various vents, seams, doors, and handles. It will be the artists responsibility to become familiar with their box and its measurements. Artist Name: Jane Dierberger, Starry Night over Stillwater, Giclee Print Box Number: 8 Starry Night over Stillwater (St. Croix) Box #8 A vinyl wrap for the front and sides if possible…the front is a door with hinges. The sides would have to be manufactured in Photoshop and I would do that once I knew this concept is approved. The rendering above is a “rough” photoshop concept whereby I extended the image onto the side by cloning. Back is challenging Color is approximate, can be matched more closely with front or kept subdued. Perhaps a blue back with some hand painted stars over the blue suggesting a starry night. Top would be painted blue. Name:-r; N ,v -==-tz-�f\,LN\�9-.. Address (Please include your full mailing address where you would like your check sent): IY, It s T� s-r: NO�� ST:LL.l.,W���Mf\J 5sor1Email:]:NT'2-o S-? E.Gr!:VE (0 (2-� 6) 6N\,u;L-. t O IV\ Phone: -' \ '2- - '-' 2-? -�°l � 0Name of School or Organization (if applicable): Date Submitted "3 / Z-g / I 1 Desired Box location (we will let you know if first pick isn't available): 9 Artist Bio Please attach a brief �raphy of yourself as an artist, including previous workifavailable. 1 A'VVG°fZ-r; � �rv A sp�r:.1\./'-�Tt>7 Wl-1° €Ny>'r5 lf-f-G A-cC or;:: f7 vtT'l '.CV b P'l'f r;;AJ( oN S-11.tz.-F/n.£5 -CN oCFFEf4:vC wAc/r rN-r;TH HbPF5 -ro_sf/Atz-E­ r::---r vJ -;:TH--rfft= P£Opc,,£ 0 I=" f>l/lltV£'f b fl CZ-, l H � , ,. . .. --,;;-e (L.. 1: w � � '-'-f3 E A-p 14 ' c:. ,_,---ffl'tr (.+A� r;;= y1A'11\p VE'.° 5 d � p lLE? vl. 0 &A� � d �s . M. 0 s \ o F r HE""" N\ w � � t;; c t2-eGPr t s... t:> \,-\./ �Tl-f k v�� L-i;-C.. p � :c,.,t\..,;\ Why do you believe public art is an important part of the community? :r: <-e;. C-L-A. 5 .1--10 lA G t-l ;r... ( f--/ J:;:.L-P s IV\ JC\ \2-s. o � tc-C o- t i / \ t V \ U \ I \ / I , '( .NI tJ � E ��t.,001\/\[:I\./'=, ANt;) l\ll#w...S pEopc..,i;:_ T6 F ��e, 1+ 5e=-tllc1� o F Ct2-6ATLUE wuNJ>b;;t TI L-Oo \<.._s f2-A-D I_� your -- Tell us how you proposal fits in with the theme of the St. Croix River? p S P-. oJ f\ I::> 5 T~"t""" P .:C't l£. HI-"'t:C ~ ~-r:-T \-\ E-Co l\l\ p c_,£>,.V N ~T \Iv c> tz-~ c, F- ~ ~ N ~I\/ G V'-" L+'\ "6 '12---r-H-~ 6!2-i4<,/:: 5 \/\. 7 vv 0H '.t,4\ S .\>~5t:=NLE. fA~'1~ µ D rv\ (-\ 6 E" -C -o ~ ~ '"" T\-+:E:" 1_:t.~" L-~ S~AJ\1\...$ AN'D W~ll-~'<') (1--t,,'\-. ... 1\/\. Pt~E \l\l' ll-t>-5 vrt?-b E 6~lJ6Ril\f>F/IUl1. (5 ~AV\., Y- Artwork Information Please include T itl e of Subm· · di · · 1ss1on,me um , subm1ss1on description in no more than 100 w~rds for each submission. (Rendering mus t be included in color providedshowingall sides usmg template below, or y our own). This will be used to promote your box. -rf ,1...,~ : lo\, Q l,\ ~(_ LA i3, ~'< (VT I-\ w ~'-L \3> E. co N\ p d 5 b--~ I) F 5 P IZ-~ f> ~'t:-\v'I -Pr .l\f .t:> f\t ~ v:c L p ~I\../\ APTElZ-N\ '( \EMf> C~ ~ ~ L ~"\Jc_ VV\ [) f_:.. f>~U:C::0 "'3 \pJO~~ STDEL Name:Paul Quie Address (Please include your full mailing address where you would like your check sent): 514 Oak St. W. Stillwater, MN 55082 Email:sanpauloo@yahoo.com Phone:651-643-0729 Date Submitted: 3/25/19 Desired Box location (we will let you know if your first pick isn’t available): 10 Please attach a brief biography of yourself as an artist, including previous work if available. Artist Bio: Paul Quie studied art under Brian Stanford an artist in Lugano, Switzerland. A visit to St. Ives Cornwall, England inspired his underlying artistic cravings. His early works for sold in numerous gift shops in Washington state. After spending time in Costa Rica and exploring the psych. through graduate work and clinical practice, Paul came back to experimenting in art with the manipulation of creative images through the use of various media. Whether it’s the creation of a digital image followed by oil on canvas or using digital media to explore various light and design options, Paul use both old and new technical approaches to improve upon his image. “The creative process has always been a part of me and I express it in all my projects”. Paul lives in Stillwater, Minnesota. His website PaulQuie.com gives the viewer and idea of the various paintings, illustrations, and drawings he has done over the years. . Why do you believe public art is an important part of the community? I believe the health of the community is determined by the art it has and promotes. Public art brings art to the people. It meets them where they are. It opens doors to the mysteries of life. Engaging people in unique and delightful ways. It’s hard to ponder grey utility boxes but make it into art and the pondering is endless. Tell us how you proposal fits in with the theme of the St. Croix River? My work is abstract with elements of realism. It is meant to be a playful depiction of life along the river. There is a lot going on in this artwork which will be seeing often given the viewer many opportunities to find playful elements of the St. Croix Valley Please include Title of Submission,medium, submission description in no more than 100 words for each submission. (Rendering must be included in color provided showing all sides using template below, or your own). This will be used to promote your box. Artwork Information: Title: Sense of Place Medium: Acrylic or Vinyl Wrap Description: What is place: activities, memories, landscape, sense of place, feelings of delight, and fun. Rough Draft 3/24/19. Box was not accessible due to high water -used given template. • ~   TO: Mayor and City Council FROM: Tom McCarty, City Administrator DATE: May 17, 2019 SUBJECT: Issuance of Conduit Revenue Bonds by the City of Stillwater for Multifamily Affordable Housing Project / Long Lake Villas BACKGROUND Tim Nolde of Long Lake Villa II, LLLP and Long Lake Villa II, LLC, has approached the City of Stillwater regarding the issuance of conduit revenue bonds by the City for a multifamily affordable housing project known as Long Lake Villas. Long Lake Villas is located at the northwest quadrant of the intersection of Hwy 5 (Stillwater Blvd) and Curve Crest Blvd. The project consists of acquisition and renovation of an existing approximately 59‐unit multifamily affordable housing facility. The anticipated amount of the proposed revenue bond is $8,500,000. Catherine Courtney of Briggs & Morgan is serving as bond counsel for the City of Stillwater on this project and has included a background letter that more fully explains the conduit revenue bonding proposal. Minnesota statutes authorize cities to issue revenue bonds for the financing of multifamily housing developments and the bonds do apply against the City’s $10,000,000 bank qualified bonding capacity. Issuance of these bonds by the City does not constitute a debt or liability for the City. The redevelopment project will assist in maintaining 59 affordable housing units in the City of Stillwater. City staff recommends City Council approve the resolution calling for a public hearing on a proposal for a housing finance program and giving preliminary approval to the issuance of housing facility revenue bonds to finance a multifamily housing project pursuant to Minnesota law. Further staff also recommends that a one‐time issuer administration fee of ½ of 1% of the   Page 2 principal amount of the bonds actually issued be charged by the City, payable at closing of the bond sale. ACTION If the City Council agrees with the proposal to issue conduit revenue bonds for the Long Lake Villas Multifamily Affordable Housing Project, the Council should approve the attached Resolution Calling For A Public Hearing On A Proposal For A Housing Finance Program And Giving Preliminary Approval To The Issuance Of Housing Facility Revenue Bonds To Finance A Multifamily Housing Project Pursuant To Minnesota Law. 11746260v1 Catherine J. Courtney (612) 977-8765 ccourtney@briggs.com May 15, 2019 BY E-MAIL Tom McCarty City Administrator City of Stillwater 216 4th Street N Stillwater, MN 55082-4807 Re: Issuance of Conduit Revenue Bonds by the City of Stillwater for Multifamily Affordable Housing Project known as Long Lake Villas Dear Mr. McCarty: This letter is provided to follow-up on discussions that we have had regarding the City of Stillwater (the “City” or “Issuer”) acting as the issuer of multifamily housing development bonds (the “Bonds”) to finance the acquisition and renovation of an existing approximately 59- unit multifamily housing facility, known as Long Lake Villas, for low- and moderate-income individuals and families located at several different addresses, all in the City, at the request of Long Lake Villa II, LLLP, a Minnesota limited liability limited partnership (the “Borrower”), with Long Lake Villa II, LLC, a Minnesota limited liability company, as the general partner. Briggs and Morgan, Professional Association would act as bond counsel on the issuance of such Bonds. Dougherty & Company, LLC will act as underwriter or placement agent. State and federal laws allow local government units to enter into arrangements to issue bonds and loan the proceeds to private developers to finance or refinance affordable housing projects. This assistance reduces borrowing costs for such borrowers and enables them to provide affordable housing for the residents of the City more cost effectively. It is a fairly common means of obtaining necessary financing for such projects. Oftentimes such projects will also take advantage of low-income housing tax credits, which I believe is anticipated with this project. To accomplish this purpose, the Issuer will enter into a Loan Agreement with the Borrower under which the Borrower will agree to pay all principal and interest on the Bonds. The Issuer will assign all of its rights to payments under the Loan Agreement to a lender or trustee and loan the purchase price of the Bonds directly to the Borrower. The Issuer is merely a conduit and the money and obligations flow only between the lender or trustee and the Borrower. 11746260v1 Tom McCarty May 15, 2019 Page 2 The Bonds and the resolutions adopted by the Issuer will recite that the Bonds, if and when issued, will not to be payable from or charged upon any of the Issuer’s funds, other than the revenues received under the Loan Agreement and pledged to the payment of the Bonds, and the Issuer is not subject to any liability on the Bonds. No holder of the Bonds will ever have the right to compel any exercise by the Issuer of its taxing powers to pay any of the principal of the Bonds or the interest or premium thereon, or to enforce payment of the Bonds against any property of the Issuer except the interests of the Issuer in payments to be made by the Borrower under the Loan Agreement. The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer, except the interests of the Issuer in payments to be made by the Borrower under the Loan Agreement. The Bonds are not moral obligations on the part of the State or its political subdivisions, including the Issuer, and the Bonds will not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation. The issuance of the Bonds will not affect the Issuer’s credit rating on bonds it issues for municipal purposes. Unlike the 501(c)(3) bonds that the City is familiar with, multifamily housing development bonds are not applied against the City’s $10,000,000 calendar year-limit on bank- qualified bonds. Therefore, the City may issue the Bonds, which are currently anticipated not to exceed $8,500,000, while still maintaining its ability to issue up to $10,000,000 of bank-qualified bonds for itself or 501(c)(3) organizations. The City’s one-time issuer administration fee ½ of 1% would be calculated based on the principal amount of the Bonds actually issued. The Bonds will be issued in accordance with Minnesota Statutes, Chapter 462C. An application for volume cap allocation will be made to Minnesota Management and Budget (“MMB”) later this summer. Prior to that, the City must adopt an inducement resolution, which will be included with the application. Such resolution will also allow the Borrower to reimburse itself out of Bond proceeds for costs incurred prior to the issuance of the Bonds. For that purpose, the sooner the resolution is adopted, the better. A copy of the proposed inducement resolution is enclosed and it is proposed that it be adopted by the City Council at its May 21st meeting. Following the award of an allocation by MMB, the Issuer will also hold a public hearing on the housing program. The housing program will be submitted to the Metropolitan Council for its review. As the schedule for the overall transaction has not yet been determined, instead of setting a specific date for the public hearing at this time, the proposed inducement resolution grants the City Administrator the authority to set the public hearing date at an appropriate time. Briggs and Morgan will be responsible for submitting the public hearing notice to the newspaper and the housing program to Met Council. 11746260v1 Tom McCarty May 15, 2019 Page 3 Please feel free to contact me if you have any further questions or comments. I’m sure the Borrower appreciates the consideration of the City in this matter. Very truly yours, Catherine J. Courtney CJC Enclosure 11725428v1 RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF HOUSING FACILITY REVENUE BONDS TO FINANCE A MULTIFAMILY HOUSING PROJECT PURSUANT TO MINNESOTA LAW, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING WHEREAS, Minnesota Statutes, Chapter 462C (the "Act"), confers upon cities, the power to issue revenue obligations to finance multifamily housing developments within the boundaries of the city; and WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City") has received a proposal from Long Lake Villa II, LLLP, a Minnesota limited liability limited partnership (the "Borrower"), with Long Lake Villa II, LLC, a Minnesota limited liability company, as general partner that the City assist in financing a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") to be issued in 2019 pursuant to the Act; and WHEREAS, the City desires to facilitate the maintenance and development of multifamily rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development and maintenance of housing facilities designed for occupancy by persons or families of low and moderate incomes; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives; and WHEREAS, the Project to be financed by the Bonds consists of acquisition and renovation of an existing approximately 59-unit multifamily housing facility for low- and moderate-income individuals and families located at 2725 and 2775 Saddle Court, 1255, 1260, and 2845 Brewers Lane, 1255 Pond View Lane, 2825 Long Lake Drive, 1167 Parkwood Lane, and 6322 Stillwater Blvd. N., all in the City (the "Project"). The Borrower will be the owner and operator of the Project; and WHEREAS, no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; and WHEREAS, before proceeding with final consideration of the request of the Borrower it is necessary for the City to hold a public hearing on the housing finance program and proposal pursuant to the Act. 11725428v1 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater, Minnesotat hereby resolves as follows: 1. A public hearing on the housing finance program and proposal of the Borrower will be held at the time and place as determined by the City Clerk and as set forth in a Notice of Public Hearing substantially in the form attached hereto as Exhibit A. 2. The general nature of the proposal and an estimate of the principal amount of Bonds to be issued to finance the proposal are described in the attached form of Notice of Public Hearing. 3. A draft copy of the housing finance program with proposed forms of all attachments and exhibits shall be on file in the office of the City Clerk on the date the Notice of Public Hearing is published. 4. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing with such changes as required or approved by Bond Counsel. 5. The City hereby gives preliminary approval to the proposal of the Borrower that the Borrower undertake the Project, and the City undertake the program of financing therefor, pursuant to the Act, consisting of financing the acquisition and renovation of the Project pursuant to the Borrower's specifications and to a loan agreement between the City and the Borrower on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds to be issued in a total principal amount not to exceed $8,500,000 pursuant to the Act to finance the Project; and said agreement may also provide for the entire interest of the Borrower therein to be mortgaged to the purchasers of the Bonds, or a trustee for the holder(s) of the Bonds; and the City, acting by and through the City, hereby undertakes preliminarily to issue its Bonds in accordance with such terms and conditions. 6. At the option of the City, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Borrower. 7. On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes a multifamily housing development within the meaning of subdivision 5 of Section 462C.02 of the Housing Program Act; that the availability of the financing under the Housing Program Act and the willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the construction of new multifamily rental housing opportunities to residents of the community, and to promote more intensive development and use of land within the community. 11725428v1 3 8. The Project and the program to finance the Project by the issuance of revenue obligations, are hereby given preliminary approval by the City subject to holding a public hearing thereon and final approval by the City, the Borrower, and the purchasers of the Bonds as to ultimate details of the financing of the Project. 9. Briggs and Morgan, Professional Association, acting as bond counsel, is hereby directed to prepare a housing program for financing the Project in accordance with the provisions of Minnesota Statutes, Section 462C.03. 10. The Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion will be paid by the Borrower. 11. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with Borrower and the purchaser of the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval. 12. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such property as may be expressly pledged for the security of the Bonds. The Bonds shall recite in substance that the Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 13. Subject to final approval of the Project by the City and in anticipation of the approval by all necessary entities of the housing program and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the Borrower is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Borrower considers necessary, including the use of interim, short term financing, subject to reimbursement from the proceeds of the Bonds, if any, when delivered but otherwise without liability on the part of the City. 11725428v1 4 Adopted by the City Council of the City of Stillwater, Minnesota, this 21st day of May, 2019. _________________________________ Ted Kozlowski, Mayor ATTEST: _________________________ Beth Wolf, City Clerk 11725428v1 EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE A MULTIFAMILY HOUSING DEVELOPMENT NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota (the "City"), will meet in the City Council Chambers of City Hall, 216 4th Street N, in the City of Stillwater, at 7:00 p.m. on Tuesday, __________ ____, 2019, to consider a housing finance program of the City and the proposal of Long Lake Villa II, LLLP, a Minnesota limited liability limited partnership (the "Borrower"), with Long Lake Villa II, LLC, a Minnesota limited liability company, as general partner, that the project described below be assisted by the issuance of housing revenue bonds under Minnesota Statutes, Chapter 462C. The "Project" consists of the acquisition and renovation of an existing approximately 59-unit multifamily housing development known as Long Lake Villas located at 2725 and 2775 Saddle Court, 1255, 1260, and 2845 Brewers Lane, 1255 Pond View Lane, 2825 Long Lake Drive, 1167 Parkwood Lane, and 6322 Stillwater Blvd. N., all in the City. The Project will be owned and operated by the Borrower. The Project consists of approximately the following units: Units Square Footage Estimated Initial Rents 14 – 2-bedroom/2 bath 900 $900–1,250 9 – 2-bedroom/2 bath townhome 1,400 $1,300–1,600 36 – 3-bedroom/2 bath 1,183 $1,000–1,450 The maximum aggregate estimated principal amount of the Bonds or other obligations to be issued in one or more series to finance the Project pursuant to the housing finance program will be approximately $8,500,000. Subsequent to approval of a housing finance program, the City may issue revenue obligations to finance the housing finance program. The Bonds or other obligations, as and when issued, will not constitute a charge, lien, or encumbrance upon any property of the City, or its housing and redevelopment authority, except the Project and the revenues to be derived from the Project. Such Bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by the Borrower pursuant to a revenue agreement. A draft copy of the housing finance program is available for inspection at City Hall during normal business hours. At the time and place fixed for the public hearing, the City Council of the City will give all persons who appear at the hearing an opportunity to express their views with respect to the housing finance program and proposal. Written comments will be considered if submitted at the above City office on or before the date of the hearing. Date: _________________________ Signed: Beth Wolf, City Clerk Published: _________________________ MEMORANDUM To: Mayor and City Council ~/>{)- From: Shawn Sanders, Director of Public Works Date: May 17th, 2019 Re: License Agreement between City of Stillwater and Brown's Creek Watershed District for the Brown's Creek Riparian Shading Project DISCUSSION Attached is a License Agreement between the City of Stillwater and the Browns Creek Watershed District (BCWD) for the Browns Creek Riparian Project. The project located on the City property at the intersection of Manning and Highway 96 entails planting trees, shrubs and native vegetation in order to create more shaded area over the creek in order to reduce the thermal loading going into Browns Creek and the temperature of the water. The project would be fully funded by the BCWD, as well as the design, construction, inspection and maintenance. The license agreement would also allow the BCWD to enter on City property to perform the work upon notice to the City. This agreement would be over a twenty five year period. RECOMMENDATION City Staff and the City Attorney have reviewed the agreement and is recommending approval. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion approving the LICENSE AGREEMENT BETWEEN CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT FOR THE BROWN'S CREEK RIPARIAN SHADING PROJECT License Agreement Between City of Stillwater and Brown’s Creek Watershed District For the Brown’s Creek Riparian Shading Project THIS AGREEMENT (“Agreement”) is made by and between the City of Stillwater, a Minnesota municipal corporation (“Stillwater”), and Brown’s Creek Watershed District, a special purposes unit of the State of Minnesota with powers set forth at Minnesota Statutes chapters 103B and 103D(“BCWD”). Recitals A. Stillwater owns in fee simple real property in Washington County, Minnesota, designated in the county records by property identification numbers 19.030.20.22.0021 and 19.030.20.21.0005, (legally described on Exhibit A) and holds in trust for public transportation purposes the Maureen Lane and White Pine Way rights-of-way, each of which as shown in Exhibit B, attached hereto and incorporated herein as a term of this Agreement and collectively referred to herein as “the Property.” B. BCWD has an approved water-resources management plan pursuant to Minnesota Statutes chapter 103B, and the plan describes BCWD’s commitment to implementing activities that will contribute to sustaining a viable cold-water fishery in Brown’s Creek. C. Brown’s Creek, a protected public waters watercourse that has been listed by the Minnesota Pollution Control Agency as impaired for thermal impacts (i.e., the water temperature is too high), runs through a portion of the Property. Stillwater-BCWD 2 Cooperative Agreement for Riparian Shading Project D. BCWD has determined that increasing vegetation on the 2,400 feet of the banks of Brown’s Creek on the Property (and others) will effectively reduce thermal loading to the creek, thereby addressing the impairment and improving the creek as habitat, particularly for cold-water fish such as trout. E. BCWD wishes to establish native plants, shrubs and trees along the banks of Brown’s Creek to increase shade over the creek to reduce instream water temperature (the “Project”). F. The parcel designated in the Washington County records by property identification number 19.030.20.22.0021 is subject to a conservation easement in favor of Washington County, dated November 3, 2015, and recorded in the office of the County Recorder, Washington County, Minnesota, as document number 4048444, and BCWD and Stillwater have determined that the Project furthers the interests of and secures the rights granted in the Conservation Easement. G. BCWD will be responsible for all costs of construction and implementation of the Project in accordance with the design documents to be prepared pursuant to Section 1 of this Agreement. BCWD will be responsible for all costs of maintenance of the Project. H. BCWD has requested and Stillwater has agreed to grant to BCWD rights to access and use the Property to construct, implement and maintain the Project. I. Stillwater and BCWD are authorized by Minnesota Statutes, Section 471.59 to enter into this Agreement for the Project. Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into and made a part of this Agreement, the parties agree as follows: 1. Project implementation. The Project will be implemented as follows: a. BCWD will prepare design plans and specifications for the Project, providing for but not limited to planting and establishment of herbaceous plugs and wetland-adapted trees and shrubs; the placement and maintenance of erosion control and similar construction-phase site measures; movement and operation of light-duty construction equipment, such as trucks weighing one ton or less; stockpiling excavated materials or materials to be used in construction; and management of invasive species, including but not limited to reed canary grass, through application of herbicide or other means. BCWD will present design plans and specifications to Stillwater for a period of not less than 30 days for review and comment prior to the commencement of implementation of the Project. b. BCWD will contract in accordance with state public procurement and other applicable law for the construction and implementation of the Project. Stillwater-BCWD 3 Cooperative Agreement for Riparian Shading Project c. After completion of construction and establishment of all planted material and at its sole expense, BCWD will maintain the Project in accordance with the terms of this Agreement. d. As between the parties, BCWD will be responsible for all costs related to the construction, implementation and maintenance of the Project. Stillwater will not be responsible for any out-of-pocket costs of the Project. e. The contract or contracts BCWD enters into for the construction and implementation of the Project will: i. Require the contractor to indemnify, defend and hold harmless Stillwater, its officers, board members, employees and agents from any and all actions, costs, damages and liabilities of any nature arising from the contractor’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty, or a subcontractor’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by the contractor to BCWD. ii. Require that the contractor name Stillwater as an additional insured with primary coverage for general liability on a noncontributory basis for both ongoing work and completed operations to the extent of BCWD’s statutory liability limit. f. If BCWD, in its sole judgment, should decide that the Project is infeasible at any time prior to plant establishment, BCWD will communicate such determination to Stillwater and this Agreement will thereby be rescinded and annulled. If BCWD so declares, all obligations herein, performed or not, will be voided, and BCWD will return the Property to its pre-Project condition as reasonably feasible or to such condition as agreed to by BCWD and Stillwater. g. BCWD will obtain, at its expense, all required permits and approvals and will bear the costs and fees associated with complying with regulatory requirements applicable to the Project. Stillwater will cooperate with BCWD and its contractor(s) to obtain permits and approvals needed for the Project and will serve as a co-applicant for permits and approvals as necessary. Stillwater, in its regulatory capacity, will facilitate the proper and efficient processing of any permits and approvals needed for the Project. h. Each of the parties will bear its own administrative costs of fulfilling its responsibilities and obligations under this Agreement. i. BCWD will provide Stillwater with notice at least 10 days prior to the commencement of construction of the Project. 2. Grant of License. For purposes of completion and in support of the Project, Stillwater hereby grants and conveys to BCWD, its contractors, agents, successors Stillwater-BCWD 4 Cooperative Agreement for Riparian Shading Project and assigns, a license (the “License”) over, under, upon and across the License Areas delineated and labeled in Exhibit A, and further specified as follows: a. “Access Areas” for purposes of access for implementation, construction and maintenance of the Project, including the right of ingress and egress and to pass over and through the Access Areas on foot and using motorized equipment for staging of construction, construction and implementation of the Project, the right to lay and maintain temporary utilities across or above the surface of the Access Areas for purposes of implementation and construction of the Project, as well as subsequent maintenance of the Project as necessary to achieve the intended purposes; b. “Project Area” for purposes of constructing, implementing and maintaining the Project, including but not limited to the right to plant and establish herbaceous plugs and wetland-adapted trees and shrubs over the course of three growing seasons and protection of trees from animal browsing as needed; to place and maintain erosion control and similar construction- phase site measures; to operate light-duty construction equipment, such as trucks weighing one ton or less; to stockpile excavated materials, plants and materials to be used in construction and implementation; and to remove and otherwise manage invasive species, including but not limited to reed canary grass, through application of herbicide or other means; and to maintain the Project, including but not limited to irrigation, replacement of plants as needed, upkeep of shrubs and protection of trees from browsing. c. The Access Areas and Project Area together are referred to as the License Areas. d. BCWD representatives, agents and contractors may enter the License Areas at reasonable times to monitor activities on and uses of the License Areas. In acting under this paragraph, BCWD will not unreasonably interfere with Stillwater’s use and operation of the Property. BCWD may act to prevent or remedy all activities and uses of the License Areas not consistent with the terms of the License at BCWD’s sole expense. e. BCWD, on reasonable notice to Stillwater, may temporarily restrict or preclude public access to a portion or portions of the License Areas to ensure safety while construction or maintenance activities are under way. f. Publicity; signage. Stillwater will cooperate with BCWD to seek publicity and media coverage of the Project. Stillwater agrees to allow BCWD, at BCWD’s cost and discretion, to place and maintain reasonable informational and educational signage of appropriate size and characteristics, and associated supporting structures of a reasonable size at a location, on the License Areas during the term of the License. Any signage installed on the License Areas will properly acknowledge the support provided by Stillwater. Stillwater reserves the right to review and approve Stillwater-BCWD 5 Cooperative Agreement for Riparian Shading Project the design of and location for any signage to be placed on the Property pursuant to this provision, such approval not to be unreasonably withheld. 3. Stillwater’s Use of the License Areas. During the term of the License, Stillwater will not use the Project Area in any manner that would damage or interfere with the implementation or effectiveness of the Project for its intended purposes. In the event Stillwater determines to undertake or allow another party to undertake any grading, filling or alteration of the surface or construction of any hard-surfaced areas, fences, sheds, structures or similar improvements within the Project Area, Stillwater will coordinate planning of such work or activities with BCWD so as to avoid damaging or interfering with the implementation of the Project and to ensure the continued effectiveness of the Project. 4. Revocation, Expiration of License. The License granted hereunder will expire 25 years from the date of complete execution of this Agreement, unless revoked, which can only occur under the following circumstances: a. BCWD notifies Stillwater that the License is no longer needed, or, b. Stillwater conveys all or a portion of the License Areas to a third party, in which event Stillwater agrees to notify BCWD at least 60 days prior to such conveyance, to notify the buyer of the License, and to facilitate communication between the BCWD and the buyer to help ensure BCWD’s continued ability to utilize the License Areas for the purposes specified herein. On completion of implementation of the Project, all improvements made to the Project Area thereby will become the property of Stillwater and BCWD will have no ownership interest in the improvements, notwithstanding BCWD’s ongoing maintenance obligations under this Agreement. 5. Independent Relationship; Liability. This Agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes, Section 471.59. Each party agrees that it will be responsible only for its own acts and omissions, and the results thereof to the extent authorized by the law and will not be responsible for the acts or omissions of the other party or the results thereof. This Agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. Neither party will be liable for special, indirect, incidental, punitive, exemplary or unforeseeable consequential damages arising out of or in connection with its respective obligations under this Agreement. Specific performance and quantum meruit explicitly are available remedies for the failure of a party to perform any obligation hereunder and do not require a demonstration that other remedies are inadequate. Remedies are non- exclusive. Stillwater and BCWD enter this Agreement solely to facilitate the construction, implementation and maintenance of the Project to improve water quality in Stillwater-BCWD 6 Cooperative Agreement for Riparian Shading Project Brown’s Creek. Nothing herein will be construed to constitute approval of any permit or other regulatory approval required by any party, nor does this Agreement in anyway modify or delegate any party’s regulatory authority 6. Property Condition. On completion of the construction and implementation of the Project, BCWD will restore the Access Areas to materially the same condition as existed prior to the commencement of the Project. In the event the Property is damaged by the activities of BCWD or its contractors, agents or assigns pursuant to the exercise of any of BCWD’s rights under this Agreement, BCWD will promptly repair or restore the Property to the extent reasonably practicable. BCWD will repair, seed or plant disturbed or damaged areas with vegetation suitable for the intended uses of the Property. Stillwater agrees and acknowledges that BCWD will not be responsible for any preexisting conditions on the Property, environmental or otherwise, or for any damage to the Property or liability arising out of or related to such preexisting conditions. 7. Insurance. BCWD will require its contractors, agents, successors and assigns to carry commercial general liability coverage for injury to or death of a person or persons and for damage to property occasioned by the performance of the Project. Stillwater will remain solely responsible for maintaining liability, property and other insurance for its uses of and authority over the Property. 8. Delivery of Notices. Except as otherwise specifically provided herein, all notices required or permitted under this Agreement will be in writing and will be deemed delivered when personally delivered, delivered by documented courier delivery or mailed by United States registered or certified mail, return receipt requested, at the address below or to such other address as each party may designate by a written notice to the other. If to Stillwater: Director Public Works/Engineering City of Stillwater 216 – 4th St. North Stillwater MN 55082 If to BCWD: Administrator 455 Hayward Avenue North Oakdale MN 55128 651-330-8220, ext. 26 KKill@mnwcd.org 9. Severability. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, is held invalid or unenforceable, such provision will be modified to the extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all Stillwater-BCWD 7 Cooperative Agreement for Riparian Shading Project other provisions of this Agreement and all other applications of any such provision will not be affected thereby. 10. Governing Law; Venue. This Agreement will be construed and governed by the laws of the State of Minnesota. Venue for any will lie in Washington County. 11. No Waiver of Immunity. No provision of this Agreement will be interpreted as a waiver of any statutory or common law immunity by or limitation of liability available to BCWD, all such immunities and limitations being expressly reserved by BCWD. [remainder of page intentionally blank] Stillwater-BCWD 8 Cooperative Agreement for Riparian Shading Project IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. City of Stillwater ______________________________ By Ted Kozlowski Its Mayor Attest ______________________________ By Beth Wolf Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2019, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. ____________________________________ Notary Public This instrument was drafted by and after recording, please return to: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 (651)451-1831 Brown's Creek Watershed District By Craig F. Leiser Its President STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss. ) ,.,:· ''·:1. 1 , . .,~ ..... ~ --••• ,, j •. !IP' • ...,.. .. .I Mlehatl John E1e~tnb1chlf Wilch NOTARY PUBLIC MINNESOTA . . . ~ . ,:~ -~.o,)' ... , .. My Conilftittlon E'1plrt1 Jan. 31, 2023 Onthis d day of M (;\ 2019, before me a Notary Public within and for said County, personally appeared Craig eiser , to me personally known, being duly sworn did say that he is the President of the Brown's Creek Watershed District, the corporation named in the foregoing instrument, and that the said instrument was signed in behalf of said corporation by authority of its Board of managers and said President acknowledged said instrument to be the free act and deed of said corporation. Stillwater-BCWD 9 Cooperative Agreement for Riparian Shading Project A-1 EXHIBIT A Property Description PID: 19.030.20.22.0021 That part of the Northwest Quarter of the Northwest Quarter of Section 19, Township 30, Range 20, Washington County, Minnesota, described as follows: Beginning at the most Westerly corner of Outlet A, RANDOM CREEK RANCHETTES, according to the record plat thereof, said Washington County; thence North 89 degrees 46 minutes 55 seconds East, assumed bearing, along the North line of said Outlet A, a distance of 137.87 feet; thence North 18 degrees 03 minutes 14 seconds West 223.97 feet; thence North O degrees 35 minutes 10 seconds West 280.00 feet; thence North 9 degrees 57 minutes 57 seconds East 480.01 feet to the North line of said Northwest Quarter of the Northwest Quarter; thence South 89 degrees 46 minutes 55 seconds West, along said North line 818.50 feet to the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South 1 degree 46 minutes 18 seconds East along the West line of said Northwest Quarter of the Northwest Quarter 966.00 feet to the intersection with the Westerly extension of the North line of Lot 2, Block 1, said RANDOM CREEK RANCHETTES; thence North 89 degrees 46 minutes 55 seconds East along said extended line and along the North line of Lots 2 and 3, said Block 1, a distance of 639.97 feet to the point of beginning. EXCEPTING Parcel 12 of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 175-C.S.A.H. 15, on file and of record in the Office of the County Recorder, Washington County, Minnesota; and, EXCEPTING the North 100 feet of said tract which lies easterly of Parcel 12 of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 175-C.S.A.H. 15. PID: 19.030.20.21.0005 Outlot A, Millbrook B-1 EXHIBIT B License Areas TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: May 15, 2019 RE: Winter parking restrictions – Union Alley INTRO This winter has reminded the Public Works Department just how little room is available in Union Alley for snow plowing and snow storage. Plow passage is especially difficult between Myrtle and Chestnut because there is parking on both sides of this one-way alley. PARKING COMMISSION RECOMMENDATION At the request of the Public Works Department, the Downtown Parking Commission recommended that the City Council prohibit parking on the east side of Union Alley between Chestnut Street and Myrtle Street from November 1st each year until March 31st. ACTION REQUESTED If the Council agrees with the Commission’s recommendation, the attached resolution could be adopted. bt RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PARKING RESTRICTIONS ON EAST SIDE OF UNION ALLEY DURING THE WINTER WHEREAS, Union Alley between Chestnut Street and Myrtle Street is a narrow public road with one-way traffic and parking on both sides of the road; and WHEREAS, during the winter months snow removal is difficult in this stretch of alley; and WHEREAS, on April 18, 2019 the Downtown Parking Commission recommended approval of a request from both the Stillwater Public Works Department and the Stillwater Police Department to prohibit parking on one side of this stretch of Union Alley between November 1st and March 31st. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby resolves to prohibit parking on the east side of Union Alley between Chestnut Street and Myrtle Street each winter between November 1st and March 31st. Adopted and effective this 21st day of May, 2019. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: __________________________________ Beth Wolf, City Clerk Date: May 9, 2018 To: Mayor and City Council From: Beth Wolf, City Clerk Subject: 2019 Summer Tuesdays Event Summer Tuesdays is proposed to take place on seven Tuesdays from July 9th to August 20th, starting each Tuesday at 4:00 p.m. however because their event will extend past the 10:00 p.m. noise ordinance requirement, they have requested a waiver of the noise ordinance to 11:00 p.m. The application for 2019 is the same as past years which entails doing the movie in the amphitheater, only use parking lot 5 (the smaller lot) for food vendors and the retail vendors will be in the park. They block Sam Bloomer Way in front of gazebo (see map) and access to the south remains open as well as Parking Lot 4. They provide their own barricades and portable restrooms are not required. There is a plan B for high water. They would use the patio area west of the Amphitheater for the band and movie screen and Water Street Inn’s parking lot and city parking lot 5 for the vendors. The event will pay for the use of the parking lot, electrical boxes, amphitheater, trash receptacles and a base fee according to the 2019 Fee Schedule and be due June 11, 2019. Last year Summer Tuesdays requested the $3,500 base fee be waived as the event is free and operates on a very small budget. Council approved waiving the base fee. The event paid the remaining fees according to the fee schedule. ACTION REQUIRED: Review the application and contract and determine if the base fee should be reduced or waived for 2019. Council shall then make a motion approving the 2019 Summer Tuesday event and contract with the base fee determination. 2019 SUMMER TUESDAYS EVENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made this 21st day of May, 2019 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the SUMMER TUESDAYS, INC., a Minnesota nonprofit corporation (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit Summer Tuesdays Inc. to organize and conduct to celebrate summer with a Market, Music and a Movie Lowell Park, in July and August 2019 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Festival agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City’s park. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: July 9, 16, 23, 30 and August 6, 13, 20, 2019 (7 dates) from 5:00 p.m. to 11:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The organizer is aware and will inform all vendors and event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. Use of City Parking Lots in the event of flooding. The City prefers the Association to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lot for use would be Lot 4. In this event, the City approves, at no cost to the Association, Lot 4. These lots will be available to the Association exclusively on the Tuesday events. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the 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. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrance on Myrtle Street. Barricade placement for Sam Bloomer way shall not occur until two hours prior to the event. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll‐off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and 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 Wednesday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Wednesday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 16. The Organizer hereby agrees to follow the City’s Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER ______________________________________________ Ted Kozlowski, Its Mayor Attest: ______________________________________________ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2019, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. Notary Public SUMMER TUESDAY’S INC. _________________________________ Cory Buettner, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2019, by Cory Buettner it’s President for the Summer Tuesday’s Inc. Notary Public · )water EVENTS PERMIT APPLICATION RECEIVED APR 11 2019 THE IIUHPLACE OF llllNNISGTA 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-881 O Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. D f I. . 4/9/2019 ate o App 1cat1on: ------------- Event Information Title/Name of Event Summer Tuesdays 7) Tuesdays 7/9 -8/20 Event Date/rime: Set up: Date Actual Event: Date C4ean {jp: Oat-e Office Use Only Date Application Received -C\bi+H-IA+'""-,,+; Type : Event Special Event 2 5 Time to 5 11 Time to 11 12 Time to (Events after 10:00 p.m. require a variance from City Cou ncil Location (Address) of Event: North Lowell Park , Amphitheater and Parking Lot # 5 (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific -this information will be used to promote the event on the City of Stillwater website) ce1et>ra1e summer wttti a Mar1tet, Music and a Movie. Stiltwater'S FREE community e'lient 1or ttie ennre family. Held in towe11 Park on the waterfront in historic downtown. Bring your family, friends, a blanket and your dancing shoes. (In case of rain the Live Music will be moved to Charlie's Irish Pub at the Water Street Inn . Estimated Attendance (participants and spectators): 300 -500 per night Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Summer Tuesdays, Inc -a non-profit, local organization Mailing Address: 101 Water Street City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name : Cory Buettner Phone Number: 651 295-4 725 Fax : Cell Phone: same Email Address: corybuettner@gmail.com Website Address: www.SummerTuesdays.com Name of contact person during event: Cassie Mclemore Cell Phone: 651 587-8970 Alternate contact during event: Chuck Dougherty Cell Phone: 651 414-0865 Refer media or citizens inquires to: Cory Buettner Phone: 651 295-4725 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No 0 Yes 181 Number and size : 2-4 at the event Will there be any inflatables? No l&J Yes 0 Insurance certificate from rental vendor is required Will there be entertainment? No 0 Yes 181 What type: Live Music & Movie Fees for electricity may apply see Instructions Will sound amplification be used7 No 0 Yes l&I Hours ancl Type : 4-11 pm Will a stage or tent(s) be set up? No 0 Yes l&I Dimensions : Will there be temporary fencing? No l&J Yes 0 Will merchandise/food items be sold? No 0 Yes l&I How many 4-6 Food7Snack /:ees f or electricity may vendors expected : 20-30 Retail/ Info apply see Instructions Will food be prepared on site? No 0 Yes 00 Contact Washington County Health Deportment, 651-430-6655 Will cooking operations be conducted? No 0 Yes l&I Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No l&I Yes 0 See Alcohol Regulations in the Instructions Will alcohol be sold? No 181 Yes 0 See Alcohol Regulations in the Instructions WW there be a fireworks display? No ~ Yes 0 Permit required, contal/t Stillwater-RuD41PQrtment, S$1.-3SJ.-4S50 Describe power needs and location of power source . Gray Box in Lot 5 and the Amphitheater Describe level of advertisement {ie, radio, flyers, ads, tv, press release). Attach sample if ava ilable Posters, Press Release, Social Media, Website & Newspapers City Services (After reviewing the event application, City services may be requried 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 0 Yes ~ . 12 am-12pm Start/End Time: Date: Tuesdays City Sidewalks or Trails No 181 Yes 0 Start/End Time: Date: 7/9-8/20 Public Parking Lots or Spaces No 0 Yes ~ Start/End Time: Date: Will event need barricade(s)? No 1K] Yes 0 Number needed : Fees may apply see Instructions Will extra picnic tables be needed? No l&I Yes 0 Number needed : Fees may apply see Instructions Will portable restrooms be needed? No jg] Yes D Number needed: Fees may apply see Instructions Will extra trash receptacles be needed? No ~ Yes D Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Trash and recyclables will be monitored throughout the event. Maroney's will supply ample bins. Will event need traffic control? No IX! Yes D Contact Stillwater Police Deportment for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Event coordinators on hand to save problems and to ensure a safe event. Public address system will be available to give instructions if necessary. Will "No Parking Signs" be needed? No l&I Yes D Number needed: Fees may apply see Instructions Show locotion(s) on site mop Will event need security? No ~ Yes D If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No l&I Yes D Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: The Water Stree Inn is available for 1st Aid. Describe the emergency action plan if severe weather should arise: Water Street Inn is available in case of severe weather. List any other pertinent information : The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best 'Of my kn owledge and agree tv 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 Still a release of Liability. i/i /2-e/f Date 1 V>¢'¢C'/u5t ~ ~u Lot 13 Lot 14 ' n Lot 11 -0 • 1, I • .. • I I II t \• I\ .. , 0 Ii ) Publit Parking Downtown Stillwater North Lots I I D City Parl<ing Lot -City Parl<ing Ramp 15 minute parking limit On-street handicapped Lot 1 (hourly) -98 spaces Lot 2 (hourly) -84 spaces Lot 3 (hourly) --33 spaces Lot 7 (hourly) --16 spaces Lot 8a f'private") -51 spaces Lot Sb (hourly) --75 spaces Lot 9 (hourly) --30 spaces Lot 10 (hourly) --48 spaces Lot 11 (hourly) -45 spaces Loi 12 (24 hr) -101 spaces Lot 13 (3 hr) -23 spaces Lot 14 (24 hr) -8 spaces Lot 15 (4 hr) -13 spaces Lot 16 (4 hr) -47 spaces Lot 17 (4 hr) -97 spaces Lot 18 -60 spaces Lot 19 -75 spaces Lot 20 (24 hr) -22 spaces Ramp (hourly) -248 spaces Tolal = 1,226 spaces I \ Summer Tuesdays Map Plan B 1. Band & Movie (facing southeast to allow for more viewing from the park) 2. Food Vendors 3. Non-Food Vendor Market 4. 1:{ Electrical boxes needed ----- I ' I I .' _,. ---... ( I I I -- --- ~ --_ _.,,,'!., .... -- ---- I . ' l -- ' I I I I I I I I •\ ', \, 1 I \ I I ---- ---, --l ' I I MEMORANDUM To: Mayor and City Council From: Shawn San�, Director of Public Works Date: May 17, 2019 Re: Authorization for Feasibility Study DISCUSSION Neal Avenue was considered for Street Improvements back in 2016, the improvement was stalled due to a clause in the Orderly Annexation Agreement where annexed properties could not be assessed for five years once annexed into the City. The five year timeframe expires in 2020 and it is proposed to improve Neal Avenue form Boutwell Road to White Pine Way. The proposed project would consist of reconstructing that section of Neal Avenue from Boutwell Road to Mckusick Road and the section north of Mckusick Road will get a mill and overlay. The entire length would ofNeal Avenue is proposed to have a trail added on the west side. RECOMMENDATION It is recommended that Council approve the authorization to do a feasibility study for the Neal Avenue Street Improvement Project between Boutwell Road and White Pine Way. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution Authorizing Feasibility Study for the Neal Avenue Street Improvement Project (Project 2019-08) RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR NEAL A VENUE IMPROVEMENTS (PROJECT 2019-08) BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 21th day of May 2019. Ted Kozlowki, Mayor ATTEST: ------------Beth Wolf, City Clerk To: Mayor and City Council MEMORANDUM From: Shawn Sandjf, Director of Public Works Date: May 17, 2019 Re: Authorization for Feasibility Study DISCUSSION Washington County (County) is planning road improvements on County Road 5 for Olive and Owens Street from Deer Path to Sycamore Street. The work proposed is a mill and overlay and street reconstruction for this roadway. The County will pay for a majority of the project, but according to their cost participation policy, a portion of these costs will charged to the City. It proposed that these costs be assessed to the affected property owners for this roadways. In order to do so, the City will need to follow its improvement process begin with the authorization of a feasibility study. RECOMMENDATION It is recommended that Council approve the authorization to do a feasibility study for the 2020 County Road 5 Improvement Project for Olive and Owens Street from Deer Path to Sycamore Street ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution Resolution Authorizing Feasibility Study for the 2020 County Road 5 Improvement Project (Project 2019-07) RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2020 COUNTY ROAD 5 PROJECT (PROJECT 2019-07) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 21th day of May 2019 . Ted Kozlowki, Mayor ATTEST : ------------ Beth Wolf, City Clerk %2$5'$*(1'$ %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW 0D\$0 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER  5ROO&DOO 3OHGJHRI$OOHJLDQFH  &RPPHQWVIURPWKH3XEOLF Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities.  &RQVHQW&DOHQGDU5ROO&DOO9RWH 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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ssistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER  3XEOLF:RUNV6KDURQ3ULFH3URSHUW\0DQDJHU $$SSURYHDOHDVHIRUWKHXVHDQGRSHUDWLRQRID\DUGZDVWHFROOHFWLRQVLWHLQWKH&LW\RI+XJR  *HQHUDO$GPLQLVWUDWLRQ0ROO\2 5RXUNH&RXQW\$GPLQLVWUDWRU $/HJLVODWLYH8SGDWH  &RPPLVVLRQHU5HSRUWV&RPPHQWV4XHVWLRQV 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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ashington : :County STILLWATER TOWN BOARD MEETING May 9, 2019 Town Hall 7:00 P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Rod Hunter, Tim Sinclair, Bonnie Haines and Mike McMahon, Clerk Kathy Schmoeckel, Planner Merritt Clapp-Smith, Treasurer Marsha Olson, Chief of Police Steve Nelson and Park Manager Jackie Garofalo. 7:00 P.M. – Public Hearing – Hands Variance Pursuant to notice in the Stillwater Gazette and to surrounding property owners, a Public Hearing was held to consider a request from Douglas and Diane Hands for a variance to the 18 foot height limit for accessory structures on parcels less than 5 acres in size in order to construct a garage that will be 26 feet tall at one end. The new garage will replace a garage that burned down last year. Made a part of the record are the names and addresses of attendees (12) at the Hearing. Chairperson Sheila-Marie Untiedt opened the public hearing and introduced Planner Merritt Clapp-Smith who gave a brief overview of the application. There were the following questions and comments:  Doug Hands – They believe that the old garage burned down because a mouse had chewed through the fuel line in an old Lincoln Continental and ignited the carburetor. They would like to build an art studio on a new second story. They are also looking for attic storage space.  Rod Hunter – What is the height of the house? Hands – About 30 feet. Hunter – So this would be shorter than the house.  Tim Sinclair – We you able to recover the Lincoln? Hands – No.  Laura McClean – They live at the end of the street and have no issue at all with this. We do not see this. This would be in keeping with the house as a carriage house.  Mike McMahon – Is this the same size? Diane Hands – The old carriage house was sold with another parcel and we no longer own that. McMahon – The same footprint? Hands – Yes.  Sheila-Marie Untiedt – Read a letter of support from Michelle LaBrosse Nelson.  Lily Jill – They are also neighbors and support this.  Robert Geisen – If this is approved, does it set a precedent for other variance approvals? Untiedt – We would be looking at each case individually. Geisen – The historic nature of buildings can be achieved at a lower height. Clapp-Smith – You should always be aware that you may be setting a precedent, but each case tends to be unique. The Public Hearing was closed at 7:10 p.m. Stillwater Town Board Mtg. – 5/9/19 Page 2 7:10 P.M. – Regular Meeting 1. AGENDA – M/S/P McMahon/Hunter moved to adopt the agenda as written. (5 ayes) 2. MINUTES – M/S/P Haines/Sinclair moved to approve the April 11, 2019 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. ATTORNEY – a. 109th Street Update – The wrong addresses had been assigned to houses along this street. A letter has been sent out to notify the one resident that their house number has been changed. b. Parcel South of Highway 36 – We cannot weigh in on this proposed development since we do not allow commercial property. The developer was encouraged to look into annexation before pursuing this further. 4. ENGINEER – a. Arcola Trail – A part of this road is eroding. The engineer is looking into solutions including a possible berm. b. 94th & Neal – The engineer is looking at boring out the culvert. Work will also have to be done on the road. 5. TREASURER – a. Report given. b. Checks and Claims – Checks and Claims #43968 through #43990 were approved for payment. 6. PLANNER – a. Hands Variance – Planner Clapp-Smith reviewed the findings per her memorandum dated May 2, 2019. M/S/P Hunter/McMahon moved to approve the Hands Variance with the following conditions: 1. The final plans shall be in substantial compliance with the site and building plans submitted to the Township on April 16,, 2019. 2. The applicant shall obtain a building permit for the accessory building. 3. The applicant shall maintain the existing vegetative screening between the structure and the roadway. 4. The applicant shall pay all fees and escrows associated with this application. (5 ayes) b. Lynsky Subdivision –The Planning Commission had held a Public Hearing on this application at their meeting last week. Planner Clapp-Smith reviewed the application and findings. All criteria have been met. The Township Engineer and the applicant’s engineer have resolved the issues noted. M/S/P Hunter/Sinclair moved to approve the Lynsky Subdivision subject to the conditions of the Planner and the Planning Commission. (5 ayes) Stillwater Town Board Mtg. – 5/9/19 Page 3 7. PARCHETA WATER SKI PERMIT – Mary Parcheta was present to request renewal of her permit for a water ski course on Loon Lake. Chief of Police Steve Nelson reported that he has received no complaints. M/S/P Sinclair/Hunter moved to authorize the Chair to sign the slalom course permit. (5 ayes) 8. CHIEF OF POLICE – a. Report given. Five burning permits were issued in April; one was a running fire permit. A spring burning ban was put into place on 4/19/19 and it could be four weeks before it is lifted. No dogs were impounded in April. There were a total of 111 complaints received for the month of April. b. Dog Licenses - Dog license renewals are now coming in with three year license fees. Two warning citations were issued and both responded. c. Bear Sighting – The first sighting was in the 13000 block of Dellwood Road on 4/14/19 and the second one was on 4/22/19 in the 12000 block of Dellwood Road. d. Road Restrictions – Road restrictions were removed on May 7th. e. Annual CUP Checks – Checks are complete. One CUP holder has yet to schedule an inspection that would complete the report. f. Speed Sign Costs – Chief Nelson provided a quote for a sign. He had checked with Washington County who told him that they only install these signs in an area where there is a sudden decrease in the speed limit. We would be allowed to use this sign on Stonebridge for two weeks and then it would have to be moved for several weeks again. We would need a permit from the County to do this. They have these electronic signs that we could borrow for short term use. The consensus of the Board was to borrow one from the County and see how effective it is. g. Arcola Heights Park – Signs have been put up. Chief Nelson has been at the park every day (except rain days) since and spoke to everyone there about taking care of their park by calling in any illegal activity. h. Special Events Permits – The Stillwater Half Marathon will take place on May 25 starting at 7am until noon. State Patrol will be stationed at key intersections for safety. i. Tannerite Incident – Residents had a party on 4/26 and they were shooting high powered rifles in a location that violated Ordinance #100. They were shooting at Tannerite Targets which caused several explosions that were heard and felt in the city. The suspects were located and four people were arrested. 9. PLANING COMMISSION ORIENTATION MATERIALS – Robyn Stoller and Robert Geisen were present to discuss ways to better bring new Planning Commissioners up to speed. Robyn Stoller had a Power Point Presentation discussing the various sources available. They will make up a letter with links for training materials that can be sent out to new commissioners. 10. TREE PLANTINGS ON PARCEL ACROSS NORELL AVENUE FROM TOWN HALL – Ken Heifert was present to discuss his request that trees be planted on this parcel which adjoins his property to act as a visual and sound buffer. We will check with Washington County regarding sight lines from the road and the Park Committee will be asked to see what can be done. Mr. Heifert said he is already planting trees on his own property. Stillwater Town Board Mtg. – 5/9/19 Page 4 11. PARK MANAGER - Jackie Garofalo was present. The Park Committee will meet on Monday at 6:00 at Arcola Heights Park and then go to Little Carnelian Park if time allows. (Rod Hunter left.) The issues with Arcola Heights Park were discussed. A meeting should be planned with the neighbors. 12. WASHINGTON COUNTY CONSERVATION EASEMENT – Washington County has been approached by a landowner seeking to place his 52 acre property into a conservation easement through their Land and Water Legacy Program. It is located in the County’s Top Ten High Priority protection areas called the Silver Twin Corridor. 13. MANNING AND HIGHWAY 36 PROJECT – Washington County is looking for a letter of support to be sent to Representative Mary Murphy, House Capital Investment Committee Chair, for the Manning Avenue and Highway 36 project. M/S/P McMahon/Haines moved to authorize the Chair to sign the letter of support for this project. (4 ayes) 14. ADJOURNMENT – The meeting was adjourned at 9:10 p.m. Clerk______________________________________ Chairperson_________________________________ Approved___________________________________ Community Thread Vision: A community where all people are engaged, enriched, and connected. Washington County Flood Response 2019: In the midst of the troubling 2019 flood predictions, Washington County Emergency Management called upon Community Thread to assist with volunteer recruitment and management for flood preparation activities. As the local Volunteer Center in the area, Community Thread was able to provide a great deal of support in both recruitment of sandbagging volunteers and assistance with volunteer management. Community Thread served as the go-to point for volunteers, where staff members registered hundreds of volunteers for sandbagging shifts. Community Thread has been serving the St. Croix Valley since 1967. We are a nonprofit organization that connects people and enriches lives through a variety of programs in our community. For more information, please visit our website, give us a call, or stop in! VOLUNTEER NUMBERS 373 VOLUNTEERS 1,347 SERVICE HOURS $33,257 VALUE OF VOLUNTEER TIME 60,000+ SANDBAGS WERE MADE A 2,000 FOOT DIKE WAS CREATED Community Thread staff spent 188 total hours working on the flood relief (which is equivalent to one full-time staff person for 5 weeks!) “Thank you for a great day and the way our students were treated. It was very meaningful and gave me a chance to connect with my students outside the classroom in a setting where they were doing work that really mattered. They loved it!” ~St. Croix Valley ALC Teacher connecting people. enriching lives. POST FLOOD RESPONSE REPORT 2019 2019 Upcoming Events May 18 Spring into Service August—Stuff the Bus Thank you Donors & Volunteers “ “The entire process was seamless. I’m grateful to everyone that helped with the process of saving our beautiful town from flooding. I won’t hesitate to do this again when it’s needed.” - Flood Response Volunteer “ I am blown away by the foot print one organization like Community Thread can offer to our City of Stillwater, and Washington County… I have nothing but positive words and encouragement for the next volunteer effort, event or creative proposal Community Thread will create.” - Flood Response Volunteer I feel I made a difference in my community as a result of participating in this eventThe registration process worked wellI felt prepared for the volunteer experience3 hour volunteer shifts worked wellWere you familiar with Community Thread before participatingHow would you rate your satisfaction of the experience with Flood Preparation?What went well with the flood prep?Is there anything that could have been improved?Do you have any suggestions for improvement in the event sandbagging and dike building is needed in future years?Based on your experience, would you volunteer again?Please share a testimonial that Community Thread, the City of Stillwater and Washington County can use for marketing purposes. Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedYesStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedYesStrongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedThe attitudes and patience of the people helping us YesStrongly Agree Strongly Agree Agree Strongly Agree Yes Very SatisfiedLoved the designated area, with proper protection.  Love that there was food/bev available.  Highly organized compared to the last time I did this.The exhaust from the hopper was overwhelming.  My friend was getting really bothered, but nobody at the manual bagging station would switch with her.  Maybe have a designated time to switch stations.  That exhaust was icky. YesStrongly Agree Agree Strongly Agree Strongly Agree No Very SatisfiedThe people running the flood prep were friendly and helpful.When signing up, it would be helpful if a confirmation screen would pop up.  The first time I signed up I didn't see anything confirming my registration, so I signed up twice.  Not a big problem....just a little confusing. NoYesAgree Strongly Agree Agree Disagree No Very SatisfiedFilling sandbags was a tough job.  I think it would've been good to take a group break for 5 mins. each hour.  I felt like I was letting everyone down and backing up the process  by taking a break myself.Filling sandbags was a tough job.  I think it would've been good to take a group break for 5 mins. each hour.  I felt like I was letting everyone down and backing up the process  by taking a break myself.YesStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedKudo,s to Jennifer, Community Thread, Public Works and the vendors. Your organization skills made for a very enlightening experience. I was proud to be a small part of a big project. I feel you should ask for volunteers to empty all the sandbags as well. Thank you to our Mayor for the up to the minute updates on FB.I wanted a tee shirt that said, I'm a Sandbagger. Not really.YesI would say volunteer with a open mind and open heart. We're helping those that are unable to get the job done by themselves or don't have the resources. Strongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedI was very impressed with how well organized it was.YesAgree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedSmooth registration and sign‐in, good instructions, appropriate safety provisions (vest, gloves), adequate hydration and break times, on‐site relief stations (portapotties), and incredible post‐shift snack and hydration amenities.The tying instructions changed mid‐shift my first day there ‐ so maybe have consensus on that when demonstrating/instructing volunteers. Please see aboveYesThis activity demonstrated how even three hours of time spent in service to community can have a massive impact on its vitality. It takes a village! The energy and enthusiasm of the other volunteers is contagious, new acquaintances and bonds are formed, and satisfaction is gained from seeing results. This was an activity that all ages and backgrounds participated in, and represented everything I love about life in the St. Croix River Valley. Strongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedIt honestly couldn't have been better. Everyone from checkin to the end was fabulous, friendly and helpful. Having the workers there from the City of Stillwater was great. They were incredibly patient with everyone. Having the food truck there was really appreciated. I was in need of something to eat by the time our shift got done. Thanks to everyone that made the flood prep happen! I've got nothing. Again, I've got nothing. From what I saw and experienced, everything seemed pretty seamless.YesThe entire process was seamless. I'm grateful to everyone that helped with the process of saving our beautiful town from flooding. I had a great day working with my dad, listening to the radio and getting in a free sandbag workout. I won't hesitate to do this again when it's needed.Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedVery organized and friendly staffers. Volunteers really appreciated the donated coffee, hot dogs, pizza and snacks.  Thank you to those who donated.I would reiterate to the sand bag fillers to not over fill or under fill. This makes it much safer and predictable when handling the bags on the berm.Possibly install permanent posts which slats could be added to in the event of a possible flood.YesBy helping as a volunteer I got to see up close how much planning and work it takes to build a flood protection berm.  I was impressed with how focused the workers from the City, Emergency Services, Contractors, Utility workers and Volunteer Coordinators were. I felt proud to have an opportunity to help them. Strongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedWell organized, Stillwater Public Works employees on hand to educate volunteers about the process, the work was well organized, our time was valued and utilized well, well done! I also loved how the City of Stillwater leveraged the expertise of Community Thread to handle the volunteer work. This is a great model! Kudos!YesStrongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedEveryone was well informed and very helpful everything went very smooth well organized YesIt was a lot of fun meeting new people and helping our community I felt very good about volunteeringStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedWe were told exactly what to do, shown where to go and got some great exercise. It was great. We got pretty efficient after a few minutes. I know there is not much to do as far as sandbagging goes, but I think you could do 4 hour shifts if halfway through, you did a quick break and the task changed.  At the end of 3 hours I felt like I was really hitting a rhythm. Not really, maybe just offer 3 and 4 hour shifts?YesIt was really fun to meet the other volunteers! The sun that day was incredible and the excitement was palpable. When you are done they provided great snacks and food and now I have a fantastic memory of helping the community. Do it! There is a job for everyone!Strongly Agree Strongly Agree Agree Agree Yes SatisfiedScheduling on‐line was easy.I would like a text reminder of what to bring since I never saw an email. Thought I had signed up for both but that may have been some other activity.Think of a way to rotate people a bit. I tried a few times to move to the area away from the diesel fuel fumes but no one would switch.   Thank you for being organized and having food!Yes Strongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedThe organization the went into the effort as far as the shifts of volunteers that showed up. Everyone was given a specific task connected with team assignments. There was adequate breaks to insure that volunteers were not over taxed, plenty of refreshments provided by The Lions, and a great feeling of camaraderie infused into the civic involvement! NoUse this year as a blueprint for the future!YesI believe Mayor Ted Kozlowski's message during his interview with KSTP ,on the final day of sandbagging(March 28th), described it best. The volunteers brought a resolve and an incredible "can‐do" spirit during their participation in this herculean effort of Stillwater versus The St. Croix River! I was a teenager in 1965 when I participated in my first sandbagging experience and was assigned to the "Teenager Dike" and I'm grateful and proud to say that, 54 years later, I was still able to play a small role in what has become an annual event in our charming historic river‐town! Thank you Community Thread, the City of Stillwater and Washington County for all the resources that were brought to bear to mobilize all the volunteers this year!Strongly Agree Disagree Strongly Agree Strongly Agree Yes SatisfiedI think the sign up people were a little over the top with there power.  We showed up 15 min ahead of our shift and came to the sign up tent.  It was warmer then standing out on the street.  But that through everyone into some kind of panic, apparently we were not suppose to be there yet and were escorted outside the gate.  So I payed attention, and absolutely nothing happened inside the gate that necessitated all of us to stand in the street waiting.  A number of us felt it was a little over the top with control.YesAgree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedYesStrongly Agree Strongly Agree Strongly Agree Neutral Yes Very SatisfiedVery well organized! Loved to be a part of it. If you were on the build the berm team, 3 hours was a bit too much and I work out :) Some of the bags were way to heavy. I think people who are filling should first work on building it! Otherwise it was fantastic and we were happy to be a part of it. See aboveYesI thoroughly enjoyed being a part of the flood relief team. It was so rewarding to not only be a part of the collective effort, but also to meet members of the community and work side by side with them. I'd do it again!Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedWell organized. I have participated in other such volunteer events where there was not good instructions.water provided closer to work area naYesI am new to the community.  It was nice to get out and help the community.  It was hard work but well worth my effort and time.  The other volunteers were very friendly and made me feel welcomed.  Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedAllA few volunteers didn’t do much, perhaps an employee should step in and find a job them? See above Yes Strongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedIt seemed like everyone was ready to help and worked really well together.  The instructions received the day of were easy to understand.I'm not sure how much Community Thread could do to improve this but finding out about volunteering through Facebook.  Most of the times I saw the notice that help was needed the time slots were already full. NAYesCommunity Thread and the City of Stillwater made it easy to volunteer and help my community by filling sand bags.  The instructions that I received the day of sandbagging was easy to understand and I felt like everyone there really wanted to help and worked well as a team even if we hadn't met before.Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedGood variety No       I felt the whole volunteer program was well organized and orchestrated.   Friendly people !YesStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedPlease reach out to me if you need help with the disassembly of the dike...Thanks for the opportunity! Rather than dumping out all those bags, can they be trucked away and stockpiled somewhere in case they are needed in the future?YesHappy to lend a hand!Strongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedWell organized. Good instructions. The people in charge thanked us many times. For the sandbags that needed to be filled by shovel, the cones were so close together that the people shoveling had to be very careful not to bump into each other. Several times I bumped my knee and foot into the person next to me while sitting on my pail and filling bags, because we were so close. Just what I described about a little more space between people filling sandbags by shovel. YesI had a great time volunteering filling sand bags. I felt good about helping, the work was easy, and I met a lot of fun people. Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedI met a groups of amazing people who I will remember for ever coming together in their spare time to help our town. I love Stillwater. I know that I'm not alone when I say that all of us were happy to get sand all over us to help. NOPE NOPEYesStrongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedGreat people all around. We did what we needed to do. I trusted the system and it appears it worked well. YesVolunteering was fulfilling and I met some great people. Overall I’m prideful of the entire experience in support of a town that has a great community. This was my first time supporting the community and I look forward to helping in the future. Agree Agree Strongly Agree Strongly Agree Yes SatisfiedGood organizationMore stations/more volunteers=fast resultsYesStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedThe group I worked with worked very well and hard together. Loved it. Three hours was just the right amount of time. I thought it when well. Ah it’s not the cities first rodeo. I thought it went well. YesYour three hours of a Netflix binge is better off serving your community. Netflix still be there when you’re done. Get out there and be awesome! Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedEverything that I participated in and/or observed functioned in a timely fashion.  Participants put in some serious effort and had fun in the process.  Organizers and leaders gave clear instructions and had ample supplies on hand.  Unaware of anything. No. I really enjoy sandbagging and dike building in advance of the flood.  Pretty darned impressive project. YesParticipant registration is easy and thorough. Upon arrival at the work site volunteers are given assignments with proper instructions.  Ample material is on hand to prevent unnecessary downtime.  You will have fun and make friends in this safe working environment.  Organization and communications make this a really positive experience. We helped build one very impressive dike!!!!!                     Strongly Agree Agree Agree Strongly Agree No Very SatisfiedWe had a great group. Our section was mostly fellow employees, so it was quite enjoyable visiting and hearing stories while we worked.I liked being group with fellow employees, so keep that the same. Is there a way to count the number of sandbags actually filled during the shift?The weather was great. If we aren't so lucky next time and it rains (or is colder), it would be nice to have protection or suggestions of type of clothing to wear.YesStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedYesAgree Strongly Agree Agree Agree Yes Very SatisfiedYesDisagree Agree Strongly Agree Strongly Agree No NeutralThe process of check in was done well. More space for the people shoveling. There was not enough room for multiple people to effectively shovel the way the had it set up. Better explanation of what the sandbags would be used for.  With only 25 volunteers on our shift, it didn't feel like we accomplished much with only producing the limited number of sandbags we did.YesStrongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedInstructions and tips ‐ especially making sure we took breaks and we’re keeping hydrated! Nothing I can think of. Nope YesIt was great helping in the community and meeting other people who either lived or worked in the area ‐ or those who just appreciate what we have and wanted to help.  So many nice people out there!Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedYesIt was a positive experience. Well organized Strongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedVery organized and well planned; well communicated as well Nope!YesStrongly Agree Strongly Agree Neutral Strongly Agree Yes Very SatisfiedOne location to sign up, one location to show up to volunteer at. This was very organized. I felt there was a process very laid out upon arrival and a short review of how to do the work when we were there led for a quick pick up and go attitude. It truly was a great organized, fast paced, and to the point volunteer effort. I wished I could have spent more time. I was not sure where I would be stationed, or what exactly I would do at my station, even though there was a few different options and types of sandbagging going on that you saw and were informed of upon arrival, I personally would have enjoyed reading a response upon signing up that I would be stationed at 'filling station' or 'building wall' station, and that I would expect to do x type of work. Although it was anticipated from the layout of the app for the type of twisting and lifting my body would endure, it would have just been nice to see that visual a little better ahead of time! As listed above, a visual of what would be done as I'm signing up, or option for build or fill bags.  More volunteer slots if available.  More music to sing to while working. :)YesyyyStillwater Community's call to action response. I love my Stillwater community and would do anything to see it thrive because its people, businesses, and small town history are what makes it such a lovely place to live, work and play. Upon moving to the Stillwater area, I dove right into volunteering through working at Ostrowski Insurance with the Chamber as an Ambassador, to where I met: Allissa Obler, of Community Thread. Her passion for volunteering to build connections, and create volunteer opportunities to better my city of Stillwater transpired my eagerness to be a part of Community Thread. From witnessing the Dart Commuter Bus Loop ribbon cutting, being a Celebrity Bingo caller at Black Tie Bingo‐‐a high class and unique way of fundraising programs like these, and participating in the Flood Relief organization efforts. I am blown away by the foot print one organization like Community Thread can offer to our City of Stillwater, and Washington County. I love volunteering  Strongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedEverything was well planned No NoYesStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedOrganization! It was the right amount of volunteers per shift so that the job(s) got done but more importantly no one was standing around. Everyone's time was maximized.Redesign Lowell Park so that it becomes a waterpark since it is underwater half of the year or actually build a permanent levy that's worth a damn to stop the constant flooding year after year.Build a permanent levy that's worth a damn to stop the constant flooding year after year or one that minimalizes the amount of effort and people power needed as Holman Field did in St Paul.YesAgree Strongly Agree Agree Strongly Agree No SatisfiedI feel like my instructors were friendly, helpful, and provided an environment where volunteers could do their best and feel comfortable. No, not that I can think of. Nope.YesIt was a fun experience that gave me a way to give back to the community and I will likely do it again in the future.Agree Agree Strongly Agree Agree No SatisfiedYesStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedYesStrongly Agree Strongly Agree Strongly Agree Strongly Agree No Very SatisfiedMore sand bag station and spread out a lot more need to work with right handed people and left handed people shoveling! Lots of near missesYesGreat community effort, support was great everyone was really excited to save our precious town! Strongly Agree Strongly Agree Agree Agree No Very Satisfied3 hours seemed a bit long maybe having 2 or 2.5 hour shifts if it’s possible. YesStrongly Agree Strongly Agree Strongly Agree Strongly Agree Yes Very SatisfiedYes MEMORANDUM Date: 5/10/19 To: City of Stillwater From: Washington County Parks & Historic Courthouse Public Works Department Donald J . Theisen, P.E. R~ Director c.CE/Veo Wayne Sandberg , Deputy Director/C ounty Eng in£frfA y l 4 lOJg City of Stil,.__ Adrr,. . •water tnistration Re: Grand Opening of Spokes & Folks : The Evolution of Bikes & Trails Exhibition Hello , Washington County Parks invites you to the grand opening of the new exhibition , Spokes & Folks : The Evolution of Bikes & Trails in Washington County, on Saturday, June 1st from 12:00-4:00 p .m . at the Washington County Historic Courthouse, 101 Pine Street West, Stillwater, MN. Join us as we celebrate the amazing and varied history of bicycles and the vast network of trails in Washington County with family-friendly activities and fun ! Tour the exhibit to see a wide array of bicycles from the late 1800's to today, including an 1868 Boneshaker, 1880 Penny Farthing , 1945 Swiss Army Courier, a special edition 1998 Harley Davidson bicycle and more. Children can honk bike horns & ring bells to their heart's content in the Horns, Bells & Bikes section while learning how children's bicycles have evolved over the years. Visitors can stop in the Wheels of Time section to watch a video on how people mounted and rode bicycles during the days when bicycles were taller than them . The exhibition is curated by local Stillwater scholar Megan Arney Johnston. Bike associations, shops and other related organizations will be hosting booths at the event. In addition , Parks is teaming up with the Washington County Sheriff's Office for a Bike Rodeo between 12:00-2:00 p .m . This is a great way for kids to be active and provides a fun opportunity to practice and develop the skills they need to become better bicyclists. For more information please call 651-275-7075 or e-mail historiccourthouse@co .washin gton .mn .us. Visit our website a www.co.washington .mn .us/hc. Thank you and we look forward to seeing you at the grand opening! Best regards , Washington County Parks Staff 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone : 651-430-4300 • Fax: 651-430-4350 • TIY: 651-430-6246 www.co.washington .mn.us Equal Employment Opportun ity / Affirmative Action %2$5'$*(1'$ %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW 0D\$0 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER  %RDUG:RUNVKRSZLWK3XEOLF:RUNV:D\QH6DQGEHUJ'HSXW\'LUHFWRU&RXQW\(QJLQHHU $&DSLWDO3URJUDP3URMHFW'HOLYHU\SODQUHYLHZ  5ROO&DOO 3OHGJHRI$OOHJLDQFH  &RPPHQWVIURPWKH3XEOLF Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities.  &RQVHQW&DOHQGDU5ROO&DOO9RWH 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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ssistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call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¶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ashington : :County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER  3HUVRQQHO&RPPLWWHH  )LQDQFH&RPPLWWHH  %UHDN/XQFKDQGGULYHWLPH  %RDUG:RUNVKRSZLWK3XEOLF:RUNV7RXUEHJLQVDWWKH3XEOLF:RUNV1RUWK6KRS 0\HURQ5RDG1RUWK6WLOOZDWHU01 $&RXQW\%RDUGURDGWRXUWRDVVHVVFDSLWDOLQYHVWPHQWQHHGV  *HQHUDO$GPLQLVWUDWLRQ0ROO\2 5RXUNH&RXQW\$GPLQLVWUDWRU $/HJLVODWLYH8SGDWH  &RPPLVVLRQHU5HSRUWV&RPPHQWV4XHVWLRQV 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. %RDUG&RUUHVSRQGHQFH  $GMRXUQ Washington : :County