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2020-12-15 CC Agenda Packet
December 15, 2020 City Council Zoom 7 pm Meeting 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING December 15, 2020 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificate of Appreciation - Scott Adamson (Joint Cable Commission), Linda Amrein (Parks and Recreation Commission), Mike Keliher and Lisa Howe (Library Board of Trustees) 2. Resolution 2020‐115 Recognizing the Board of Water Commissioners and Water Department Staff 3. Certificate of Appreciation – George Dierberger 4. Certificate of Appreciation – Wintertime in Stillwater Event Volunteers, Donors and Building Owners V. OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 13. November 30, 2020 special meeting with Planning Commission meeting minutes 14. December 1, 2020 regular and recessed meeting minutes 15. Payment of Bills 16. Acceptance of Cash Donations – Resolution 17. Animal Humane Society Impound Housing Services Agreement 18. Cares Act Funding Report 19. Cellars Wine and Spirits Off-Sale & Tobacco License for New Owners 20. Utilities Commission and Library Board Trustee Appointments 21. Declare and Dispose of Surplus Fire Equipment – Resolution 22. Haulers Licenses Renewals for 2021 – Resolution 23. Health Savings Account Contribution for Medical Flex Spending Options – Resolution 24. 2021-22 Labor Agreement between the City of Stillwater and AFSCME Council 5 Local 517 – Resolution 25. Legal Publication Designation for 2021 – Resolution 26. Liquor and Tobacco License Renewals for 2021 – Resolution 27. Match Stick Premise Admendment to On-Sale Liquor License – Resolution Page 2 of 2 City Council Meeting Agenda December 15, 2020 28. MS4 Part II Application for Reauthorization Service Contract 29. Muddy Paw Café Liquor License dba Name Change – Resolution 30. Regions Hospital EMS Education Agreement 31. Sanitary Sewer Utility Bill Adjustments 32. Stillwater Proper New On-Sale with Sunday Sales Liquor License 33. TIF District #6 Designation of Increment Balance – Resolution 34. Ziggy’s Liquor License dba Name Change – Resolution 35. Temporary Liquor License for Fire and Ice Event 36. 2021‐22 Labor Agreement between the City of Stillwater and Minnesota Public Employee’s Association – Resolution VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 37. CPC Case No. 2020-59 to consider an appeal request by Chad and Krista Thomas. Request is for the reconsideration of the CPC’s approval of Case No. 2020-57, which granted a variance to allow a second story addition to the garage on the property located at 313 Pine St W. Notices were mailed and published in the Stillwater Gazette on December 4, 2020. 38. CPC Case 2020-40 to consider granting an estimated property tax abatement of $3-5 million for property located at 5757, 5775 and 5651 Manning Ave. Notices were mailed on November 25th and published in the Stillwater Gazette on December 4, 2020. – Resolution 39. CPC Case No. 2019-25 to consider amending the City’s sign regulations (City Code Ch 31) by allowing electric message center signage to some areas of the City, by addressing content neutrality and commercial speech concerns, by re-organizing the regulations to improve understandability, and other organizational and clerical changes. Notice was published in the Stillwater Gazette on December 4, 2020 – Ordinance 1st reading IX. UNFINISHED BUSINESS X. NEW BUSINESS 40. Central Commons – Development Agreement, Tax Abatement Agreement and Assessment Agreement 41. Amending Stillwater City Code Sec 33-1 Subd. 6, Adopting the State Building Code Time Limits – Ordinance 1st Reading 42. City Meeting Date Changes for 2021 – Resolution 43. United Way Donation Request XI. COUNCIL REQUEST ITEMS 44. Mayor’s Declaration XII. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS 3M Transparent film 710.13 Ace Hardware Supplies 121.08 Batteries Plus Bulbs Batteries 95.16 BHE Community Solar Solar Energy 4,203.86 BlueCross BlueShield of MN Inc.Retiree Health Ins 3,451.00 BNSF Railway Company UB Refund 2,444.00 Board of Water Commissioners WAC Charges 49,599.00 Bolton and Menk Inc.Greeley & Market Pl lift station imp 7,763.50 Bryan Rock Products Inc.Riprap 163.92 CDW Government Inc.Computer equipment 4,770.97 Century Link Telephones 511.41 Century Power Equipment Chain 45.90 Cintas Corporation Mat & uniform cleaning service 1,104.49 Cole Papers Supplies 60.67 Collaborative Design Group Inc.Lowell Park Pavilion & Levee Wall 1,339.60 Comcast Internet & Voice 298.66 Computer Integration Technologies Heirloom & Landmark website 506.25 Court Surfaces & Repair Skate park asphalt repair 950.00 Dalco Supplies 141.05 Dogpoopbags.com Dog clean up bags 130.00 ECM Publishers Publications 118.75 Electric Fire & Security Fire alarm inspection 443.50 Electric Pump Nelson St lift station repairs 38,472.75 Environmental Equipment & Services Equipment repair supplies 279.67 Ess Brothers & Sons Inc.Manhole protection rings 544.20 Fire Safety U.S.A.Gas detector 643.95 Flaherty & Hood P.A Class & Comp services 80.00 Force America Sensor 411.59 Fury Motors Vehicle repairs 61.32 Gertens Wholesale Supplies 163.50 Goodyear Commercial Tire Tires 902.26 Gopher State One Call Inc.Locates 229.50 Granicus Inc Website upgrades - capital outlay reserves 7,140.00 Guardian Supply Plate Carriers 1,864.83 Henning Professional Services Professional services 1,925.40 Holiday Companies Vehicle washes 305.00 Hotsy Equipment of Minnesota Equipment repair supplies 903.88 Kelly & Lemmons PA Prosecution 8,333.00 Kiesler Police Supply Ammo 190.00 Kirvida Fire Inc.Vehicle Repair Charges 2,582.12 Kwik Trip Inc Fuel 144.39 Landscape Research LLC Riverbank Stabilization 4,512.00 Leadership Growth Group LLC Materials for training 97.88 LeVander Gillen Miller PA Professional services 12,030.50 Lincoln National Life Insurance Co COBRA Life Insurance 10.80 Madden Galanter Hansen LLP Labor Relations Services 1,890.00 Mansfield Oil Company Fuel 7,440.24 Marshall Electric Company Electrical service 1,355.00 Page 2 Menards Supplies 2,101.62 Metropolitan Council Monthly SAC 118,087.20 Metropolitan Mechanical Contractors Maintenance 853.75 Minneapolis Oxygen Company Supplies 454.85 MN Dept of Transportation Material inspections 926.66 MN Fire Srv. Cert. Board Training 1,450.00 Municode Code 449.00 Northern Technologies Neal Ave Professional Services 1,046.25 Northland Graphics Stamps 139.80 Office Depot Office supplies 86.59 Olsen Chain & Cable Inc.Hoist inspection 740.92 OnSite Sanitation Portable Restroom 2,217.00 Pegee Camisha Park Fee Refund 100.00 Postmaster Residents guide 72.50 Pro Hydro-Testing Hydro-Testing 468.00 Pro-Tec Design Professional services 47.50 Quill Corporation Office supplies 24.71 Simplifile LC Filing fee 800.00 Sirotiak Lauren Reimburse for work boots 160.00 SiteOne Landscape Supply Supplies 25.12 Springbrook Software 2020 Annual 6,881.00 Sykes Kyle A December 2020 COBRA Dental Premium Refund 124.50 T.A. Schifsky and Sons Asphalt 201.67 Telemetry and Process Controls Lift station repairs 1,291.31 Thiets Construction Grading Escrow Refund - 2770 Saddle St Units 1-4 3,500.00 Thomson Reuters Information Charges 150.59 Toll Gas and Welding Supply Cylinders 248.84 Turnblad Bill Reimburse for Zoom meetings 112.42 Uline Inc Scott tissue 876.24 US Bank Paying agent fees 450.00 Valley Trophy Inc.Supplies 12.50 Vento-Charlsen Barbara Utility Refund 87.25 Verizon Wireless Wireless Service 3,024.11 Voyant Communications Phone 533.91 Ward Diane December 2020 COBRA Health Premium Refund 627.00 Wash. Cty Chiefs of Police Association Membership 100.00 Waste Management Garbage Certification 30,954.13 WSB & Associates Inc.Professional services 87.00 Xcel Energy Energy 15,633.16 REC CENTER Ace Hardware Equipment repair supplies 33.45 AT&T Mobility Cell phone 68.65 Cintas Corporation Mat cleaning service 191.60 Corval Constructors Equipment repair supplies 760.00 Lindstrom Solar LLC Solar Energy 5,106.64 Menards Supplies 115.36 Miller Excavating Rec Center Project 26,402.50 R&R Specialties Inc.Equipment repair supplies 1,008.60 Page 3 Riedell Shoes Inc.Skates 814.24 Rose City Sign Company Parking lot lights 821.25 Sentry Systems Inc.Alarm monitoring 140.85 St. Croix Boat and Packet Co.Arena Billing 60,425.78 Tri-State Bobcat Equipment repair supplies 499.00 LIBRARY Ace Hardware Janitorial Supplies 8.59 Amazon Business Materials & supplies 637.96 Artistry Programs - Adult 610.00 Bibliotheca LLC Sorter Upgrade 10,828.00 Brodart Co Materials 5,270.25 Cintas Corporation Towels & Rugs 66.64 Culligan of Stillwater Water 14.85 Kaericher Jodi Staff Reimbursement 25.00 KidCreate Studio/Get Messy Programs - Juv 300.00 Koegel Christian M Cataloging/Processing 133.00 Mee Alisa Programs - Juv 125.00 Menards Janitorial Supplies 79.22 MN Dept of Labor and Industry Elevator Permit 200.00 Quill Corporation Supplies 316.92 Rose Floral Greenery for Terrace Pots 47.21 Scholastic Inc Materials - Juv 1,047.80 Uline Inc Janitorial Supplies 979.74 ADDENDUM Clifton Larson Allen Water Commission Project 1,187.50 Enterprise FM Vehicle leases 7,970.96 Holiday Lighting & Design Downtown holiday lighting 20,151.00 Madden Galanter Hansen Labor Relation Services 3,911.15 Ralph L Hapness & Lynn J Pagliarini Right of Way - Neal Ave 29,250.00 Stillwater Collision Ins reimbursed vehicle expenses 5,350.96 US Postal Service Postage for mailing machine 5,000.00 Xcel Energy Energy 5,776.03 TOTAL 562,309.48 Adopted by the Stillwater City Council this 15th day of December, 2020 Mayor Ted Kozlowski TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: December 14, 2020 SUBJECT: 2021 City Contribution to Health Savings Accounts BACKGROUND The City of Stillwater’s Labor Management Insurance Work Group evaluated plan designs for 2021 group health insurance and chose modifications related to plans provided by the Southwest West Central Service Cooperative (SWWC), who contracts with Blue Cross Blue Shield of Minnesota. As part of this benefit, the City has voluntarily contributed $750 and $1500 to a health savings account for single or family high deductible health plan members, respectively. The IRS sets a participatory age cap on employees who are eligible to contribute to a health savings account. Therefore, for internal consistency, the City recommends contributions to a medical flexible spending account (FSA) of up to $750 for single plan members currently employed and over the IRS age cap, and up to $1500 for family plan members currently employed and over the IRS age cap in lieu of a health savings account contribution. When the employer provides a medical flex spending contribution under this scenario, the amount is in addition to the amount the employees can elect. Employees can elect up to the IRS limit and still receive $500 of the employer contribution. The City could contribute $500 to a medical FSA for employees choosing the City’s high deductible health plan medical insurance who are otherwise not eligible to hold an H.S.A. due to the IRS age cap. Then starting at $501, the City could make a dollar-for-dollar match to the employee’s contribution, up to a $750 total for single policy members, and $1500 for family policy members. Employer contributions for a medical FSA must align with certain ACA and HIPAA requirements, and only $550 of the medical FSA can carry over. Any amount that rolls over into the new plan year does not affect the maximum limit that employees can contribute. The City’s proposed 2021 contribution toward health savings (H.S.A. and proposed F.S.A.) aligns with the City’s 2021 budget. RECOMMENDATION Staff recommends adoption of the resolution entitled, “Approving City Contribution to Health Savings Account Effective January 1, 2021.” RESOLUTION 2020-XXX APPROVING CITY CONTRIBUTION TO HEALTH SAVINGS ACCOUNT EFFECTIVE JANUARY 1, 2021 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the City contributes to health savings accounts for employees who select a high deductible health plan; and BE IT FURTHER RESOLVED, the City shall contribute the following annual amount toward a Health Savings Account for employees that enroll in the High Deductible Health Plan with Health Savings Account (H.S.A.) administered by Further, St. Paul, Minnesota (prorated per month of hire): HEALTH SAVINGS ACCOUNT SINGLE FAMILY Health Savings Account City Contribution $ 750 $1,500 BE IT FURTHER RESOLVED, that if an employee enrolls in the High Deductible Health Plan and is not eligible to participate in a Health Savings Account due to an age cap imposed by the IRS, then the City shall contribute to a medical flexible spending account up to $750 or up to $1,500 single or family, respectively. BE IT FURTHER RESOLVED, effective January 1, 2021, the maximum election amounts for Flexible Spending administered by Further, St. Paul, Minnesota, will be the following, said amounts eligible for adjustment should Federal or IRS rates change: Medical Maximum Election $2,750.00 Dependent Care Maximum Election $5,000.00 Adopted by the City Council this 15 day of December, 2020. ATTEST: _________________________________________ ________________________________ Ted Kozlowski, Mayor Beth Wolf, City Clerk $50 - 2 days Receipt 219306 12/15/2020 City of Stillwater Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7513 Fax 651-297-5259 TIY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY RECEIVED TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE DEC 1 4 2020 City of Stillwater Administration Name of organization Date o rg an ized Tax exempt number ,,__ &-,:\(_W..:_\c_':{_~-·,\~-lt-'Y\.:_\e(_C;_m_rn_'xx2J/ __ of_C_{)_ro_ro_e_~-Cd.----,l _l~"\""'"·~1\ ___ ~l l 4 \ -\Cf\Oo \'L Address Cit y State Zip Code .._,,I N-<==~'---'~-=-=\('\~soL...>.cr-'--. s:>J.-\...,..:e..::....:-20=--2. _____ __.I ~5;~· \~lm~~~x::-~I ~'MN ___ ~! I ~so ~ Name of pe rs on maki ng ap p lication Business phone Home phone I 9-c~\~ /.\a:WJo C\~ I f.,)(e,_C.u \,v-e.. 1)\(-e_c-\-o( II {o i)\ -4~l:\ 4 00\ I l.--lo-5 ---'-\ --2.-0-{o--L\-8-~-~--,I Date(s) of event Type of organization D Microdistillery D Small Brewer IJo..C\l)O.(L\ '2.C\ -3 \ 1 202 \ ! D Club D Charitable D Religious D Other non-profit Organization o'frlc er's name Ci t y State Zi p Code ~----------' I I !MN I I.._ _ _, Organization officer's name City State Zip Code I 1 IMN II Organi zation officer's name Ci t y State Zip Code I II MN II Location where permit will be used. If an outdoor area, describe. "'fne. f\H~. 0-nd \ce even\. v.:»l\\ be.. h€.ld \(\ Lowe\\ '?o.t"'1 \oc.o..\et\ ',t'\ do~wn~\\l.>.)O.\ef, µ. \:f\f\Q.~Crt(\.. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY /COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: December 15, 2020 SUBJECT: 2021-2022 Labor Agreement between City of Stillwater and Minnesota Public Employees Association (Public Managers) BACKGROUND The City of Stillwater and MNPEA Public Managers have concluded negotiations for a successor labor agreement for 2021 and 2022 and the MNPEA Public Managers has voted to approve the agreement. Changes in the contract language include: Contract Duration – 2 year agreement, January 1, 2021 through December 31, 2022 Wages – General Wage Increase: 2.0% increase effective January 1, 2021; 2.0% increase effective January 1, 2022. Health Insurance – Employer contribution to $1,246.86 per month per member toward group health insurance effective January 1, 2021, and increase employer contribution to $1,261.86 per month per member toward group health insurance effective January 1, 2022. Vacation – On an annual basis, employees may voluntarily elect to cash-out up to 40 hours of vacation. The written election is irrevocable in nature and must be made on or before December 15 in the calendar year prior to the cash-out taking place. Severance – Memorandum of Agreement to continue monthly contributions of $100 to post-retirement savings plan, and modify the percentage of existing severance pay for 2021 and 2022 to direct 100 percent of the severance benefit to the employee’s Post Employment Health Care Savings Plan upon separation of employment. Notice: When the normal payday falls on a Federal Reserve holiday, the pay date shall be the previous non- Federal Reserve holiday. When the pay date falls on New Year’s Day (January 1), to avoid tax-related problems, the pay date will be the next business “bank” day following the New Year’s holiday. RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and MNPEA Public Managers is consistent with direction from City Council for labor negotiations. MNPEA Public Managers membership has approved the 2021-2022 City settlement proposal. Increased contract costs are included in the proposed 2021 budget. Therefore, staff recommends adoption of the resolution entitled “Approving the 2021-2022 Labor Agreement between the City of Stillwater and Minnesota Public Employees Association (Public Managers).” RESOLUTION 2020‐ APPROVING THE 2021‐2022 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA PUBLIC EMPLOYEES ASSOCIATION (PUBLIC MANAGERS) BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2021-2022 Labor Agreement between the City of Stillwater and MNPEA Public Managers, as on file with the City Clerk, is hereby approved with the following changes: Contract Duration – 2 year agreement, January 1, 2021 through December 31, 2022 Wages – General Wage Increase: 2.0% increase effective January 1, 2021; 2.0% increase effective January 1, 2022 Health Insurance – Employer contribution to $1,246.86 per month per member toward group health insurance effective January 1, 2021, and increase employer contribution to $1,261.86 per month per member toward group health insurance effective January 1, 2022 Vacation – On an annual basis, employees may voluntarily elect to cash out up to 40 hours of vacation. The written election is irrevocable in nature and must be made on or before December 15 in the calendar year prior to the cash-out taking place. Severance – Memorandum of Agreement to continue monthly contributions of $100 to post-retirement savings plan, and modify the percentage of existing severance pay for 2021 and 2022 to direct 100 percent of the severance benefit to the employee’s Post Employment Health Care Savings Plan upon separation of employment. Notice - When the normal payday falls on a Federal Reserve holiday, the pay date shall be the previous non-Federal Reserve holiday. When the pay date falls on New Year’s Day (January 1), to avoid tax- related problems, the pay date will be the next business “bank” day following the New Year’s holiday. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 15 day of December, 2020. ______________________________________ Ted Kozlowski, Mayor ATTEST: ______________________________________________ Beth Wolf, City Clerk DATE: December 15, 2020 TO: Mayor and City Council Members FROM: J. Thomas McCarty, City Administrator Sharon Provos, City Finance Director SUBJECT: United Way of Washington County-East Request for Financial Support from the City of Stillwater Background The City of Stillwater received a communication from United Way of Washington County requesting a grant in the amount of $10,000 from the City of Stillwater to support United Way’s response to larger gaps in basic needs funding in the community due to COVID- 19 pandemic challenges. The City of Stillwater has not historically provided direct funding to the United Way organization. City employees have the option to individually contribute to United Way and its funding campaigns. The adopted City budget does not include a discretionary line item for general grant awards to community agencies. Recommended Action Staff recommends Council respectfully deny the United Way of Washington County-East $10,000 grant funding request. NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING December 15, 2020 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificate of Appreciation - Scott Adamson (Joint Cable Commission), Linda Amrein (Parks and Recreation Commission), Mike Keliher and Lisa Howe (Library Board of Trustees) 2. Resolution 2020-115 Recognizing the Board of Water Commissioners and Water Department Staff 3. Certificate of Appreciation - George Dierberger 4. Certificate of Appreciation - Wintertime in Stillwater Event Volunteers, Donors and Building Owners V. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator VII. CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 13. November 30, 2020 special meeting with Planning Commission meeting minutes 14. December 1, 2020 regular and recessed meeting minutes 15. Payment of Bills 16. Acceptance of Cash Donations - Resolution 17. Animal Humane Society Impound Housing Services Agreement 18. Cares Act Funding Report 19. Cellars Wine and Spirits Off -Sale & Tobacco License for New Owners 20. Utilities Commission and Library Board Trustee Appointments 21. Declare and Dispose of Surplus Fire Equipment - Resolution 22. Haulers Licenses Renewals for 2021 - Resolution 23. Health Savings Account Contribution for Medical Flex Spending Options - available Tuesday 24. 2021-22 Labor Agreement between the City of Stillwater and AFSCME Council 5 Local 517 - Resolution 25. Legal Publication Designation for 2021 - Resolution 26. Liquor and Tobacco License Renewals for 2021 - Resolution 27. Match Stick Premise Amendment to On -Sale Liquor License - Resolution 28. MS4 Part II Application for Reauthorization Service Contract 29. Muddy Paw Cafe Liquor License dba Name Change - Resolution 30. Regions Hospital EMS Education Agreement 31. Sanitary Sewer Utility Bill Adjustments 32. Stillwater Proper New On -Sale with Sunday Sales Liquor License 33. TIF District #6 Designation of Increment Balance - Resolution 34. Ziggy's Liquor License dba Name Change - Resolution VIII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 35. CPC Case No. 2020-59 to consider an appeal request by Chad and Krista Thomas. Request is for the reconsideration of the CPC's approval of Case No. 2020-57, which granted a variance to allow a second story addition to the garage on the property located at 313 Pine St W. Notices were mailed and published in the Stillwater Gazette on December 4, 2020. 36. CPC Case 2020-40 to consider granting an estimated property tax abatement of $3-5 million for property located at 5757, 5775 and 5651 Manning Ave. Notices were mailed on November 25th and published in the Stillwater Gazette on December 4, 2020. - Resolution 37. CPC Case No. 2019-25 to consider amending the City's sign regulations (City Code Ch 31) by allowing electric message center signage to some areas of the City, by addressing content neutrality and commercial speech concerns, by re -organizing the regulations to improve understandability, and other organizational and clerical changes. Notice was published in the Stillwater Gazette on December 4, 2020 - Ordinance 1st reading IX. UNFINISHED BUSINESS X. NEW BUSINESS 38. Central Commons - Development Agreement, Tax Abatement Agreement and Assessment Agreement 39. Amending Stillwater City Code Sec 33-1 Subd. 6, Adopting the State Building Code Time Limits - Ordinance 1st Reading 40. City Meeting Date Changes for 2021 - Resolution 41. United Way Donation Request XI. COUNCIL REQUEST ITEMS 42. Mayor's Declaration XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda December 15, 2020 lih1water 'HE 8I8THPLACE 0, MINNESOTA STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Scott adwn6on gait 2 gectfo o f 6 e'wice co a nzefnitex o tfce joint ease CAnunb6ian. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor iliwater THE BIRTHPL A E 0 c• M I N N E S 0 1 P STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to £thda annein 5o c awl 23 gem/3 cf 6 eiuuce co a mentfte,t at the Auk geateatian, C'amurtis, ian. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: December 15, 2020 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to .Mike 3c&fwx fat 9 gecv o[ efuuce aa t'uvstee of the £ &taw Saw d and for outstanding service in support of the City of Stillwater's mission. -Z-e42 Ted Kozlowski, Mayor Date of recognition: December 15, 2020 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to £i6at7&iwe fat 3 qea o[ e'wke co a t'tu tee of the P.iffung 93a,and and for outstanding service in support of the City of Stillwater's mission. • Ted Kozlowski, Mayor Date of recognition: December 15, 2020 RESOLUTION 2020-115 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION RECOGNIZING THE HISTORY OF THE BOARD OF WATER COMMISSIONERS AND THANKING STILLWATER COMMUNITY MEMBERS FOR THEIR SERVICE AS MEMBERS OF THE WATER BOARD AND WATER DEPARTMENT STAFF WHEREAS, the City of Stillwater purchased the city water works system from the Stillwater Water Company in 1911, and created a Board of Water Commissioners consisting of three members appointed by the City Council to manage the waterworks system; and WHEREAS, since 1911, the Board of Water Commissioners has managed the City water works system providing quality and reliable service as Stillwater developed over the decades while experiencing population and land growth; and WHEREAS, generations of Stillwater community members have voluntarily served, dedicating their time and talent, as members of the Board of Water Commissioners and many community members have been employed by the Water Board in the operation of the City water works system; and WHEREAS, the City Council has approved legislation that will fully integrate the water works operations into the City's utility functions; the Board of Water Commissioners will become Stillwater Utilities Commission and Water Department staff will become City Public Works Utility Division staff effective January 1, 2021. NOW THEREFORE, BE IT RESOLVED, that the Stillwater City Council hereby formally recognizes the long history of the Board of Water Commissioners in the City and gratefully acknowledges the dedication and contributions of many generations of Stillwater community members who served as Water Board Commission members or were employed by the Water Board from 1911 to present. AND BE IT FURTHER RESOLVED, that the Stillwater City Council directs City staff to prepare a suitable plaque commemorating the history of the Board of Water Commissioners and contributions of community members; such plaque to be prepared and permanently displayed in a prominent location in the City waterworks facility located at 204 3rd Street N. Adopted by the Stillwater City Council this 15th day of December, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to qeoxqe Diebe'tgc't rtatt gam time and aime/3 to and 6uppat t the communitg wo'd pimp utting in the e/Jtablidunent and funding of the 2Uinteittime in Stittwateit Euent , gees tiuitie�s and .eight Dig p eay ion the 2C2C-2C21 wintevt 6 eco an.. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 1 1 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Culi fiattct3 riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to S-jktojli(e riot qatvt genexoto iuppo}tt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 i STILLWATER CITY ater COUNCIL CERTIFICATE THE BIRTHPLACE OF MINNESO1A j OF APPRECIATION I I On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to I til?(waWt II S riot qatvt genexoto iuppo}tt of tfie Winte'ttime in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to zepfirt gfteatte riot qacvt genexoto iwppoxt of the 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t the 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Jahn gatch, Yo,tbide & &change (Budding Jut gam genexato stulip ant a[ the 2Uintextime in Stittwatex E east's, ries tuutiei and right Dii p ga ds fox the 2C2C-2C21 s ears an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15. 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stu4cut 166U4WWC SCW4C& riot qacvt genexoto iwppoxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM ut. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to maze 6.0'34 riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to .eift (Byidge (By -amity riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 i STILLWATER CITY ater COUNCIL CERTIFICATE THE BIRTHPLACE OF MINNESO1A j OF APPRECIATION I I On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to I rrJI'ticfwlieS S S riot qacvt genexoto iwppoxt of tfie Wintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfie 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to fii'ucut !?&wft, !?oc1k fJ3ui(ctei riot qacvt genexoto iwppoxt of the 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t the 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to DLw&ivt Stil?&uatex riot qacvt genexoto iwppoxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM ut. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to £ee J. d iDoxcthq Wfdt6o1i wzd riot qt genexoto iwppott of the `wintextitne in Stilituate,t Euenti, Je, tiuitie/3 and -eight b p earl fo,t the 2C2C-2C21 6eaM ut. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to 11 Jtaiuit'teet fiia6ine�� 166Lcicttian riot qatvt genexoto iuppo}tt of tfie 2Uintextitne in Stilituate,t Euent/3, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Eckbeitg .eaminem .eatu riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to jim Meitbeitt, Stentgage/3 Watimited riot qatvt genexoto iuppo}tt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to !R9JC Wcdtlk JI/tanagetnent riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to 5Cd& and f?auL? Kctufrt riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Sniith d S'tade itexcftwdi(e riot qacvt genexoto iwppaxt of the 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to acun Xenia riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to anne t1udean, (dma 9edtq riot qt genexoto iwppott of tfie `wintextitne in Stilituate,t Euenti, Je, tiuitie/3 and -eight b p earl fo,t tfte 2C2C-2C21 6eaM ut. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to yvot State fJJcuil£ riot qt genexoto iwppott of tfie `wintextitne in Stilituate,t Euenti, Je, tiuitie/3 and -eight b p earl fo,t tfte 2C2C-2C21 6eaM ut. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Sara Je6pe'tieu cC 9Jucuz C1inuti riot qacvt genexoto iwppoxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Mike and Joni Yoteftna riot qatvt genexoto iuppo}tt of the 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Som and Weithtet riot qacvt genexoto iwppoxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Chuck Thiuq!wdq, Wate't St'teet Stut riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to 41Lcninia d DCL( Zefun riot qatvt genexoto iuppo}tt of the 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t the 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 iliwater STILLWATER CITY COUNCIL CERTIFICATE THE BIRTHPLACE OF MIHHESO1A j OF APPRECIATION I I On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to I II f?au( an, atchang Sautui and Vi 'NJ u0.n riot qacvt genexoto iwppoxt of tfie Wintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfie 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to ffa�cit Etechic riot qatvt genexoto iuppo}tt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Sic Su&cictp riot qt genexoto iwppoxt of tfte 2Uintextitne in Stilituate,t Euenti, Je, tiuitie/3 and -eight b p earl fo,t tfte 2C2C-2C21 6eaM ut. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to lq Kawie &ziUuctio1i riot qacvt genexoto iwppoxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to citeg ca,tcliteit riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Coxq IS, JVaaifwn fBuettnex riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 i STILLWATER CITY ater COUNCIL CERTIFICATE THE BIRTHPLACE OF MINNESO1A j OF APPRECIATION I I On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to I r S'tanr aka riot qacvt genexoto iwppoxt of tfie Wintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfie 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 i STILLWATER CITY ater COUNCIL CERTIFICATE THE BIRTHPLACE OF MINNESO1A j OF APPRECIATION I I On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to I Wfdtcomli, rEars t riot qatvt genexoto iuppo}tt of tfie Winte'ttime in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to lWchad £iu66 riot qacvt genexoto iwppaxt of the 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t the 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to JI'teuifththn riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to jaianaaguiUuc riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to lennifeit Eggeio riot qacvt genexoto iwppaxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater THEIRTHPLACE OF MIHHESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stalk cE g?,eggie 5-C,takottoki riot qacvt genexoto iwppaxt of the 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an" and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to IIMain St,teet gadding (9w,tj cC 93ui uzc� 6e/3 riot qacvt genexoto iwppoxt of tfie 2Uintextitne in Stilituate,t Euenti, J&, tiuitie& and -eight b p earl %,o,t tfte 2C2C-2C21 6eaM an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Wintettinw in Stittwateit Committee Citq af Sti((watex &Lunci( and Staff Jail qaun genvcauo ccppc+xe tfte wwttexeune in seiteu,aeex £uents, fie, tuutie3 and .eight DL p ea,y fat the 2C20-2C21 J ear ett. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 illwater_ H E B I R T H PLACE BE AIINNESOIA STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Winfr)ttim,e r Sti(iwate't &uiunittee g r n atitfwmi citeateit Sti(&uate't Jot golvt u ppottt of the W irate' time in Stilimaten E eras, ge tiuitie, and Fight Dli p eaci fox the 2C2C-2C21 i eai an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 illwater_ H E B I R T H PLACE BE AIINNESOIA STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Winfr)ttim,e iri Stifituatex Committee eivibtie ghoefze./3 Diica.ueic Sttwctte't Sowain iiiwteau Jett golvt u ppotct of the W iatetttime in Stiliwaten Events, g e&s tiuitie, and Fight Dis p eaci fox the 2C2C-2C21 i eai o.n. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Wintettinw in Stittwateit Committee CfiucJ £Duq&xtq, Wate't Sheet Stut Jail qaun genvcauo ccppc+xe tfte wwttexeune in seiteu,aeex £uents, fie, tuutie3 and .eight DL p ea,y fat the 2C20-2C21 J ear ett. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Wintettinw itt Stittwateit Committee Sang je/veioen Sfze .eamffeAjach Jail qaun uppwit tfte Wintvilitne 'in, Slithvatvt &cub, fie, tuutie3 and .eight DL p ea,y fat the 2C20-2C21 J ear ett. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to W if2S titilliatelt e0111111ittee f?auf £wtiJi/Z/Za Jail qaun genvieto u ppatct tfte 2UiWv&tne in Slithvatvt &wizb, fie, tuutie3 and .eight DL p ea,y fat the 2C20-2C21 J ear ett. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Wintettinw in Stittwateit Committee John Jtodk, fPoxt6kle Jail qaun genvcauo ccppc+xe tfte wwttexeune in seiteu,aeex £uents, fie, tuutie3 and .eight DL p ea,y fat the 2C20-2C21 J ear ett. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Wintettinw in Stittwateit Committee Cow fBuettnex, £ed6 d. Matt Sfwp Jail qawt genvcauo ccppc+xe tfte wwttexeume in seiteu,aeex £uents, fie, tuutie3 and .eight DL p ea,y fat the 2C20-2C21 J ear ett. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 wa •Il t H E B I R T H PLACE 4 F Al I H H P S O I A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Winte'ttinw in Sti((wate't Comtnittee Cc4,aMate cC Chico, Roue Stil?(wate't Zepfiyx Sfteatte Jot gam genytow s u ppotct of the W intetctime in Stilituateit Et east's, . ees tiuitieis and Fight Di/s p ecup f on the 2C2C-2v21 season. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 1 1 wa •Il t H E B I R T H PLACE 4 F Al I H H P S O I A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Winte/dime in Stitituctte/t Committee 7CeW d JauL? Jtaufrt, Suiith d S'tade ✓14enchcurtiee Jot gam genytow s up p oxct of the W inte}ctime in Stilituateit Et east's, . ees tiuitieis and Fight Di/s p ecup f on the 2C2C-2v21 season. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 1 1 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Wintettinw Stitilliatelt eOMMittee Slicha4 JUCDO-tWLY& !JL/k( Seat(' Jail ccppc+xt the wwttvceune in seithu,aeex £uenb, fie, tiuitie3 and .eight DL p ea,y fat the 2C20-2C21 J ear an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Wintettinw in Stittwateit Committee gitad .eift gtidge (13tetueitti Jail qaun genvcauo ccppc+xe tfte wwteexeune in seiteu,aeex £uents, fie, tuutie3 and .eight DL p ea,y fat the 2C20-2C21 J ear ett. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 tllwater T HF BBIRTH PLACE MINNESO1A STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Wintettinw Stitilliatelt eCinnuttee Ittdd &ARA, EUent eenteit Jail qaun genvcauo ccppc+xe the wwteexeune in seiteu,aeex £uents, fie, tiuitie3 and .eight DL p ea,y fat the 2C20-2C21 J ear an. and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 15, 2020 4111wa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us JOINT MEETING MINUTES OF CITY COUNCIL AND PLANNING COMMISSION November 30, 2020 SPECIAL MEETING 7:00 P.M. Planning Chairman Lauer called the meeting to order via Zoom at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Weidner Planning Commission Chairman Lauer, Commissioners Dybvig, Hansen, Kocon, Steinwall Absent: Commissioner Meyhoff Staff present: NEW BUSINESS Community Development Director Turnblad City Planner Wittman Neighborhood Commercial Zoning District and Community Mixed Use Zoning District Discussion Community Development Director Turnblad provided background on the purpose of the discussion. The Stillwater 2040 Comprehensive Plan envisions the creation of several new zoning districts. These zoning districts are included within the Comprehensive Plan's "Highway Mixed Use" and "Neighborhood Commercial" future land use categories. Recently the City adopted the first of the two planned zoning districts associated with the Highway Mixed Use land use category. This first zoning district was given the land use category's name and was called the Highway Mixed Use (HMU) Zoning District. It is on the north end of the south side of the Highway 36 corridor. The other zoning district is called Community Mixed Use. The CMU District is intended for areas that are currently developed as commercial that would be redeveloped as mixed use. Mr. Turnblad explained that the goal of the HMU is to allow the addition of high density residential to the commercial mix. In addition to living units (apartments or condos), other permitted uses would be parks, early childhood education, commercial greenhouses, hospitals, home occupations and Type C short term home rentals. This district is generally a melding of the uses in the BP-C district, the Central Business District downtown, and general commercial districts that are currently scattered around the City. The following uses would not be allowed in the CMU: warehousing, wholesales, automotive, and industrial uses. The CMU would not follow the same zoning standards as other zoning districts. It looks at new forms of development, called "form -based standards" which are different from traditional zoning district standards. He introduced Jeff Miller and Laura Chamberlain with HKGi. Mr. Miller described that building form standards include upper floors stepped back from the front of the building, principal entrance placement visible from the street, street facade articulation (to prevent long, flat building fronts) and transparency (to avoid blank walls). City Council Meeting November 30, 2020 Building placement standards include building to zone, building street frontage, and off- street parking. The build -to zone uses a maximum setback rather than a minimum setback. Mr. Turnblad added that a major difference between traditional standards and form -based standards is employing minimum setbacks rather than maximum setbacks, giving buildings an active street presence and putting parking out of view. Mr. Miller explained CMU massing standards. Building height maximum is 55' or five stories, whichever is greater, and minimum height is two stories. The third story and above must be set back to reduce the perception of the scale of the building. No lot area minimum is proposed. Front and side yard setbacks adjacent to a street (build -to zone) would have a maximum setback in addition to a minimum setback. Minimum side and rear yard setbacks are smaller than traditional; this allows for higher density development that is more walkable. The minimum percentage of the building that needs to be in the build -to zone is 75%. Street articulation means that every 40' there is some sort of projected or recessed element. This contributes to the walkability of the area. Street facade transparency only applies to the first level; non -tinted, clear windows are required for the ground floor. The lowest level must have 60' transparency for mixed use or 20% for residential uses. Other massing standards include no parking between the building and the street; a public entrance is required for building facades facing public streets, parks or plazas; and the maximum distance between entrances would be 70'. Councilmember Junker noted that allowing 55' high buildings east of Highway 5, past Greeley Street, caught his attention. He also asked what percentage of the third and higher stories must be stepped back. Mr. Turnblad replied that the step -back from the front would be applied to any portion of the building abutting a public street, park, or other public space. Currently the BP-C has a maximum height of 40' whereas the CA District does not have a height limitation. The idea is that the first floor would be commercial with the upper stories being residential. Councilmember Weidner asked about the height allowance and questioned where the building occupants will park; and Mr. Turnblad replied the goal is to make it attractive and feasible to put housing above commercial. Maybe it could be limited to three stories but he is not sure that two residential stories above commercial would be economically feasible. With a shorter building, parking must go underground which drives up the development cost. Councilmember Weidner pointed out that three stories with underground parking was able to be achieved downtown. If commercial use is accommodated, then there would need to be surface level parking as well. City Planner Wittman noted that the 55' height was just a carryover from the HMU as a base point. She asked if the Council feels that is too tall. Councilmember Junker stated his initial reaction is that it is too tall, but is open to discussion. Mr. Turnblad added that the City is not requiring that the second story is residential, it is an encouragement. Page 2 of 6 City Council Meeting November 30, 2020 Mayor Kozlowski asked how much of the proposed area is open for redevelopment; and Mr. Turnblad answered that over time, everything out there will redevelop. The City would encourage properties to be developed in this fashion. Commissioner Hansen noted it sounds like there is opposition to going to five stories. As busy as Highway 36 is getting, having a sound buffer (from the extra height) would be beneficial. Councilmember Junker noted that there are no five story buildings off of Highway 36. He added that first floor commercial with residential above creates noise and inconvenience for residential occupants; this has been challenging in this type of development although it has become popular. Councilmember Weidner agreed, adding that this is not a walkable area in the first place. There is almost no pedestrian traffic there now. Commissioner Steinwall asked would Highway 36 be considered a street and require step backs; and Mr. Turnblad answered the step back would be applied from the frontage road so there would be articulation along the highway. Commissioner Steinwall noted if the minimums were only 5' on either side, that could result in big buildings with only 10' between them. She inquired if zero lot line construction should be considered; and Mr. Turnblad replied that is certainly a possibility. Mayor Kozlowski stated he would not want to require a second story in this district as it could be an obstacle to redevelopment of some sites that need to be redeveloped soon. If the City allows a second story but does not require it, does that deter some types of development that do not want to be next to big box development; and Mr. Turnblad answered that requiring a second story helps support mixed use and forces new development patterns. Ms. Wittman reminded the Council that the 2040 Comp Plan calls for this area to have greater housing density. Mayor Kozlowski recalled discussion that the City was mostly built out and the Met Council was not looking to increase density very much in Stillwater. Mr. Turnblad responded that the Met Council has density and affordable housing requirements for the metro area as a whole. Stillwater has been assigned a certain number of affordable housing units that it is expected to meet by 2030 in order to be eligible for certain funding revenue streams. This is one opportunity for adding housing units within a commercial area. Mayor Kozlowski voiced concern that requiring a second story could have an adverse effect on redevelopment, especially for properties that are already underutilized, for example the Herbergers site. He would like to see case studies of other communities that have implemented these requirements and see what kind of developments they have attracted. Councilmember Polehna stated he feels that allowing 55' heights ruins the character of the entrance of Stillwater and is not very appealing. Page 3 of 6 City Council Meeting November 30, 2020 Chairman Lauer remarked that part of the problem is that if you put one 55' tall building there now, and everything else does not get redeveloped for a long time, it will look out of character. Commissioner Hansen agreed that this district would be a great place to hide some density. He referred to Woodbury's Citywalk, which is likely close to 55' tall. He feels that 55' heights along Highway 36 is appropriate. Commissioner Kocon told how the addition of a senior high-rise among one to two story buildings along Central Avenue in NE Minneapolis worked well. If the high density residential does not go in this area, he questioned where it would go in Stillwater. Councilmember Junker noted that the current Lakeview Hospital site will be redeveloped in the future, when the hospital moves. This could be a site for multi -family housing. Commissioner Dybvig questioned what the City wants this area to look like in 20 years. The City needs to give signals to developers about its vision. The area is not going to be terribly walkable at first, but once there is more residential mixed in, it will become more walkable. Business models are changing, including the hotel industry and the big box stores, so there is a lot of potential for redevelopment of this area. Councilmember Weidner stated that it seems like allowing five stories throughout the entire area would be out of character. Why stop at five stories, why not give the option of 10 stories? Commissioner Kocon commented that five stories is a compromise; there are areas that could be redeveloped in the short term. Certain business models are failing and changing. Commissioner Steinwall indicated that when talking about proscriptive development and concerns for minimums, the City may not want to require multi -use within multi -family. Could it be allowed, but not required? Mixing commercial with residential may be a fad that may pass, and she would worry about locking into the zoning code something that would not be as appealing in the future. Mr. Turnblad pointed out that the zoning requires mixed use. The ground level has to be 66% non-residential. This does not preclude ground level residential, but it cannot be 100% residential. Commissioner Hansen stated he would not want to see a lot of apartment complexes along Highway 36. He is in favor of mixed use, because this area is the primary commercial/retail space in town. If the City allows five or 10 stories, developers are going to request five or 10 stories; development always maximizes the allowable space. Councilmember Weidner agreed that developers will always say they cannot do it in five stories - they will ask for six stories. Mayor Kozlowski commented that four stories is plenty; 55' seems too high in this location. Ms. Wittman summarized the conversation thus far: along Highway 36, the group is not opposed to multi -use, but there is some concern about requiring it in upper stories; and higher heights are more appropriate along Highway 36 than further back. Staff will review other communities' requirements and what the development patterns look like. Page 4 of 6 City Council Meeting November 30, 2020 Mr. Turnblad went on to review the proposed Neighborhood Commercial (NC) Zoning District. The 2040 Comp Plan calls for preservation of historic commercial properties scattered throughout the City, such as neighborhood grocery stores. These are presently legal nonconforming uses. The NC District would create a new use column in the zoning table to allow the uses that are there. The most inclusive district is CMU, which allows almost everything, whereas NC would be least inclusive and the most restrictive; its goal is to provide services for the neighborhoods that surround it. This would legitimize existing uses. Massing standards require buildings close to the street with parking, if available, in the rear or side with screening. Front doors would be near the sidewalk and any outdoor commercial activities would cease by 10 p.m. It has not been determined whether design review should be required. Ms. Wittman added that this district is not necessarily about specific businesses but, rather, preservation of pocket commercial areas, for example, allowing a commercial business in a neighborhood to be rebuilt if it burns down. Mr. Turnblad pointed out that another option would be to rezone these areas to general commercial, but that is a very liberal zoning district and staff does not want to open the door to a wide spectrum of commercial activity. Commissioner Steinwall asked if all of these potentially neighborhood commercial areas are in the historic districts, except perhaps the one by Owens Street; and Ms. Wittman answered that they are in the Neighborhood Conservation District. In that district, at present only residential construction is reviewed. Commissioner Hansen asked if the goal is to legitimize existing commercial in residential areas, as opposed to allowing for new commercial areas to pop up; and Mr. Turnblad replied that the point is if the currently non -conforming use ceases or the building burns down, it allows them to be reused. Ms. Wittman stated it would legitimize historically commercial buildings. She added that the area of Fourth & Churchill is not intended to be downzoned. Commissioner Hansen acknowledged it is important to have neighborhood shops and to allow existing buildings to rebuild as they are now, if for example the building burns down. Commissioner Steinwall remarked that a funeral parlor use as stated in the use table may not be appropriate for this district. Mr. Turnblad acknowledged this is the time to discuss possible uses that should be taken off that may not feel right in a residential neighborhood. Commissioner Hansen stated he would like to see more uses permitted by Conditional Use Permit, for instance neighborhood drugstores. Councilmember Junker stated he supports the concept of legitimizing these businesses with their own zone, for instance businesses like Just for Me, Nelsons, and Lens. Councilmember Collins agreed. Commissioner Steinwall asked about the automotive facility at Owens and Mulberry; and Mr. Turnblad replied that is already zoned commercial; staff is not suggesting downzoning it. Page 5 of 6 City Council Meeting November 30, 2020 Commissioner Steinwall suggested that design review should encourage a design that is consistent with the neighborhood. Commissioner Dybvig agreed that design review for neighborhood commercial is appropriate. Ms. Wittman stated that there are currently no design review standards for commercial uses in residential areas. This would require discussion of what is appropriate for review: just signage, signage plus materials, a threshold of a certain percentage being demolished, etc. Commissioner Hansen remarked that commercial spaces should not be made to look like a residential area. He likes the little commercial nodes through the City. Mr. Turnblad thanked the Council and the Commission for their direction. Another workshop will be scheduled in the future. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:46 p.m. ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor Chris Lauer, Chairman Planning Commission Page 6 of 6 4111wa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 1, 2020 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order via Zoom at 4:33 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Weidner Absent: None Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land Community Development Director Turnblad Finance Director Provos Deputy Fire Chief Ballis Interim Police Chief Jacobson Public Works Director Sanders Library Director Troendle OTHER BUSINESS Downtown Lighting Project Update City Administrator McCarty noted that downtown holiday lighting is almost complete. Councilmember Junker added that the lights will be installed on the Lift Bridge tomorrow. Councilmember Polehna explained that in order to put holiday lights on the City's acorn lights along the waterfront and pedestrian plaza, sockets will need to be installed at a cost of approximately $8,800. The sockets may be used for future activities as well. Council approval is requested to use downtown beautification funds for this expense. Motion by Councilmember Weidner, seconded by Councilmember Collins, to approve the expenditure of $8,800 for electrical work needed for holiday lighting. All in favor. Public Works Director Sanders introduced Ken Taillon, SEH Engineer, to present a study on the possible replacement of downtown lights currently operated by Xcel Energy. Mr. Taillon explained that many of the street lights are close to reaching the end of their useful life and should be replaced when the contracts with Xcel expire in a couple years. SEH recommends that the City replace the lights with a new City -owned system. He showed photos of the original poles Downtown which were all acorn style lights. The study looked at two options: 1) replacing all the lights as they presently exist, including underground, concrete bases, poles and luminares at a cost of almost $2.75 million; 2) removing all lights from the entire downtown area, including going up the hill and replacing them solely with acorn style lights, at a cost of about $2.4 million. The existing tall poles are no longer needed. The entire Downtown could be lit with the short acorn poles to replicate the look of the 1930s. City Council Meeting December 1, 2020 Mayor Kozlowski noted that in the past, Xcel has prohibited hanging anything from the existing poles. He asked if the City would be able to hang flags from the new poles; and Mr. Sanders responded that Xcel Energy does not offer the style of lights that SEH has proposed. If the City takes ownership, there would be opportunities to hang flags, flowers, etc. from the poles. Currently the City pays Xcel $8 per month for each light Downtown. With about 200 lights, over a 20 year period, that totals about $400,000 for lighting and maintenance. If the City were on its own system, costs would likely be lower. Further savings might be gained from an energy audit project. Mr. Taillon added that payback on the energy cost of going to LED, exclusive of construction costs, would be two to three years. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to approve moving forward with the changing out of the system of street lights in Downtown. All in favor. Wintertime Events for 2020-21 City Administrator McCarty stated that the City of Stillwater, Greater Stillwater Chamber of Commerce, Discover Stillwater Convention & Visitor Bureau (CVB), and some local businesses have been meeting to assist all local businesses during the pandemic by creating winter activities in Stillwater. A European Market event had been planned Thursdays through Saturdays, November through February, in the northern -most section of Lot 2, but due to the recent Governor's Executive Order, this event is on hold. The application will continue through the event permitting process, in case the event can occur this winter. For this event, the Downtown Parking Commission recommends approving the use of nine parking spaces in Lot 2, per the current fee schedule. Staff will bring the event contract to the Council at a future date. The other event, Fire & Ice, is planned to be held January 29-31 in North Lowell Park using five parking spots in Lot 9. The event is asking the City to plow the event site and waive any associated City costs and fees. The Downtown Parking Commission recommended approval for the parking spots and waiving the associated parking fee. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the applied -for event permits, subject to public health mandates and Governor's Executive Orders, and to waive all City costs and fees for the European Market and Fire & Ice events. All in favor. STAFF REPORTS Public Works Director Sanders reported that the City is waiting for one more permit for the Riverwalk Project. Interim Police Chief Jacobson stated that retired Sgt. Art Sievert passed away. Officer Hunter Julian is being promoted to Sergeant. Deputy Fire Chief Ballis stated that retired Firefighter Corky Downs passed away. Firefighter Tim Bell is retiring after 51 years. Finance Director Provos reported that the CARES Act final report has been filed. Community Development Director Turnblad stated that St. Joseph Township will hold a public hearing December 2 on a proposed rezoning affecting Kolliner Park. The City has sent a letter requesting the property be zoned Conservancy instead of Preservation Residential Page 2 of 6 City Council Meeting December 1, 2020 as proposed. Curbside pickup zones for Downtown businesses expired November 1. Staff recommends extending this program through May. Motion by Councilmember Weidner, seconded by Councilmember Collins, to extend curbside pickup zones for Downtown businesses until May 31, 2021. All in favor. City Administrator McCarty stated that the Allen S. King Plant Reuse Advisory Committee continues to meet monthly. The Public Works/Water Board transition will occur on January 1, but many of the transition activities will stretch beyond January 1. RECESS Mayor Kozlowski recessed the meeting at 5:23 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Weidner Absent: None Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land City Planner Wittman Community Development Director Turnblad Finance Director Provos Deputy Fire Chief Ballis Interim Police Chief Jacobson Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Appreciation - Investigative Sgt. Steve Hansen Mayor Kozlowski recognized Sgt. Hansen for 21 years of service to the City. Certificate of Appreciation - Alicia Hill Mayor Kozlowski acknowledged Ms. Hill for eight years of service to the City. OPEN FORUM Dale Tennison, 911 Abbott Street, reported there is a lot of garbage and debris on the Browns Creek Trail, 2012 Third Street North, and liquor bottles along Highway 95 and the river. CONSENT AGENDA November 10 and November 17, 2020 meeting minutes Page 3 of 6 City Council Meeting December 1, 2020 Payment of Bills Resolution 2020-109, adopting Delinquent Sewer Charges, Project No. 0001 Resolution 2020-110, adopting Delinquent Solid Waste Charges Project No. 0002 Ameresco Investment Grade Energy Agreement Bluestone Physician Services Parking Request Resolution 2020-111, a resolution authorizing the City of Stillwater to Declare and Dispose of Surplus Equipment according to law Mutual Aid Agreement with St. Paul Police Department Resolution 2020-114, approving the 2021-2022 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants Councilmember Junker asked if there is a way to speed up the collection of delinquent sanitary sewer charges and solid waste charges, which total about $200,000; and Finance Director Provos responded that these charges are put on the property owners' taxes every year and are due and payable each year. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2020-54 Zoning Map Amendment, Preliminary Plat, and associated variances for proposed subdivision White Pine Ridge at 12950 75th Street. Mayor Kozlowski announced this public hearing is being postponed. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Former Aiple Property Master Park Plan City Planner Wittman summarized the draft of the Aiple Property Master Park Plan. The plan is anticipated to be implemented in three phases over the next 10+ years. The cost of all improvements is $2.5 million. She noted that the Parks Commission voted to recommend approval of the plan, but a majority of them are not in favor of reuse of the building. Staff will bring the final plan back to the Council after amendments are made. She invited Councilmembers to comment on the plan. Councilmember Weidner commented that it makes no sense for Parks Commissioners to oppose reuse of the building while endorsing the plan itself, because the plan includes reuse of the house. Councilmember Polehna stated the Parks Commission's concern was the cost of redoing the house. They felt the City is not developing its other parks as quickly as it should. Councilmember Weidner stated he really likes the plan and appreciates the staff effort to retain the house as a useable space. Mayor Kozlowski asked if there is anything the City needs to do now to protect or maintain the building while the plan is being implemented; and Ms. Wittman replied that she will Page 4 of 6 City Council Meeting December 1, 2020 check with facilities staff to see if they can put the building on a regular maintenance schedule to make sure pipes are not broken etc. and will start looking for sources of funding for the rehabilitation of the structure. Councilmember Junker asked if the gate will be open throughout the winter; and Public Works Director Sanders replied the gate will remain open. Councilmember Polehna asked if the master plan was shared with the Zephyr Theater in regard to the parking they are currently using; and Ms. Wittman replied that the Zephyr Theater has seen the plan and is aware that it calls for the retention of the parking lot that the City is leasing to them. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the Aiple Property Master Park Plan. All in favor. Parking Mitigation Fees Community Development Director Turnblad noted that as part of the COVID-19 pandemic relief package for Stillwater businesses, the City Council waived Downtown parking mitigation fees through November 1. Given the second wave of the virus and the Governor's recent Executive Order, the Downtown Parking Commission recommends that the Council continue to waive the fees through first quarter 2021. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve waiving parking mitigation fees through May 31, 2021. All in favor. Truth in Taxation Presentation for 2021 Budget and Tax Levy City Administrator McCarty and Finance Director Provos reviewed the proposed 2021 Budget and Tax Levy. Since approval of the Preliminary 2021 Budget and Levy, a State - approved bonding bill included $3 million for the Hwy 36/Manning interchange project, reducing the City's borrowing requirement from $1,060,000 to $500,000 for the project. Despite additional capital costs for boiler replacement at City Hall and financial software upgrades estimated at $141,000 that were added to capital projects, the net result is less overall borrowing costs for 2021 capital projects, thereby reducing the overall debt levy impact by over $48,000. The Final 2021 Levy is proposed to be reduced to +2.33% over the 2020 Levy. Staff recommends adoption of the Final Tax Levy for Payable Year 2021 and the Final Budget Appropriations for 2021. Finance Director Provos pointed out that the proposed 2021 property tax rate of 51.995% is the lowest of any rate in the last nine years. The proposed rate is 2.8% lower than the 2020 tax rate. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2020-112, adopting the Final Tax Levy for the Payable Year 2021, and Resolution 2020-113, adopting the Final Budget Appropriations for the Year 2021. All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski asked that staff bring back liquor license fees to the Council for discussion when the Governors Executive Orders change and allow businesses to reopen. Page 5 of 6 City Council Meeting December 1, 2020 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:47 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2020-109, adopting Delinquent Sewer Charges, Project No. 0001 Resolution 2020-110, adopting Delinquent Solid Waste Charges Project No. 0002 Resolution 2020-111, a resolution authorizing the City of Stillwater to Declare and Dispose of Surplus Equipment according to law Resolution 2020-112, adopting the Final Tax Levy for the Payable Year 2021 Resolution 2020-113, adopting the Final Budget Appropriations for the Year 2021 Resolution 2020-114, approving the 2021-2022 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants Page 6 of 6 Page 1 CITY OF STILLWATER LIST OF BILLS 3M Ace Hardware Batteries Plus Bulbs BHE Community Solar BlueCross BlueShield of MN Inc. BNSF Railway Company Board of Water Commissioners Bolton and Menk Inc. Bryan Rock Products Inc. CDW Government Inc. Century Link Century Power Equipment Cintas Corporation Cole Papers Collaborative Design Group Inc. Comcast Computer Integration Technologies Court Surfaces & Repair Dalco Dogpoopbags.com ECM Publishers Electric Fire & Security Electric Pump Environmental Equipment & Services Ess Brothers & Sons Inc. Fire Safety U.S.A. Flaherty & Hood P.A Force America Fury Motors Gertens Wholesale Goodyear Commercial Tire Gopher State One Call Inc. Granicus Inc Guardian Supply Henning Professional Services Holiday Companies Hotsy Equipment of Minnesota Kelly & Lemmons PA Kiesler Police Supply Kirvida Fire Inc. Kwik Trip Inc Landscape Research LLC Leadership Growth Group LLC LeVander Gillen Miller PA Lincoln National Life Insurance Co Transparent film Supplies Batteries Solar Energy Retiree Health Ins UB Refund WAC Charges Greeley & Market PI lift station imp Riprap Computer equipment Telephones Chain Mat & uniform cleaning service Supplies Lowell Park Pavilion & Levee Wall Internet & Voice Heirloom & Landmark website Skate park asphalt repair Supplies Dog clean up bags Publications Fire alarm inspection Nelson St lift station repairs Equipment repair supplies Manhole protection rings Gas detector Class & Comp services Sensor Vehicle repairs Supplies Tires Locates Website upgrades - capital outlay reserves Plate Carriers Professional services Vehicle washes Equipment repair supplies Prosecution Ammo Vehicle Repair Charges Fuel Riverbank Stabilization Materials for training Professional services COBRA Life Insurance 710.13 121.08 95.16 4,203.86 3,451.00 2,444.00 49, 599.00 7,763.50 163.92 4,770.97 511.41 45.90 1,104.49 60.67 1,339.60 298.66 506.25 950.00 141.05 130.00 118.75 443.50 38,472.75 279.67 544.20 643.95 80.00 411.59 61.32 163.50 902.26 229.50 7,140.00 1,864.83 1,925.40 305.00 903.88 8,333.00 190.00 2,582.12 144.39 4,512.00 97.88 12,030.50 10.80 Page 2 Madden Galanter Hansen LLP Labor Relations Services 1,890.00 Mansfield Oil Company Fuel 7,440.24 Marshall Electric Company Electrical service 1,355.00 Menards Supplies 2,101.62 Metropolitan Council Monthly SAC 118,087.20 Metropolitan Mechanical Contractors Maintenance 853.75 Minneapolis Oxygen Company Supplies 454.85 MN Dept of Transportation Material inspections 926.66 MN Fire Srv. Cert. Board Training 1,450.00 Municode Code 449.00 Northern Technologies Neal Ave Professional Services 1,046.25 Northland Graphics Stamps 139.80 Office Depot Office supplies 86.59 Olsen Chain & Cable Inc. Hoist inspection 740.92 OnSite Sanitation Portable Restroom 2,217.00 Pegee Camisha Park Fee Refund 100.00 Postmaster Residents guide 72.50 Pro Hydro -Testing Hydro -Testing 468.00 Pro-Tec Design Professional services 47.50 Quill Corporation Office supplies 24.71 Simplifile LC Filing fee 800.00 Sirotiak Lauren Reimburse for work boots 160.00 SiteOne Landscape Supply Supplies 25.12 Springbrook Software 2020 Annual 6,881.00 Sykes Kyle A December 2020 COBRA Dental Premium Refund 124.50 T.A. Schifsky and Sons Asphalt 201.67 Telemetry and Process Controls Lift station repairs 1,291.31 Thiets Construction Grading Escrow Refund - 2770 Saddle St Units 1-4 3,500.00 Thomson Reuters Information Charges 150.59 Toll Gas and Welding Supply Cylinders 248.84 Turnblad Bill Reimburse for Zoom meetings 112.42 Uline Inc Scott tissue 876.24 US Bank Paying agent fees 450.00 Valley Trophy Inc. Supplies 12.50 Vento-Charlsen Barbara Utility Refund 87.25 Verizon Wireless Wireless Service 3,024.11 Voyant Communications Phone 533.91 Ward Diane December 2020 COBRA Health Premium Refund 627.00 Wash. Cty Chiefs of Police Association Membership 100.00 Waste Management Garbage Certification 30,954.13 WSB & Associates Inc. Professional services 87.00 Xcel Energy Energy 15,633.16 REC CENTER Ace Hardware AT&T Mobility Equipment repair supplies 33.45 Cell phone 68.65 Cintas Corporation Corval Constructors Lindstrom Solar LLC Menards Miller Excavating R&R Specialties Inc. RiedelI Shoes Inc. Rose City Sign Company Sentry Systems Inc. St. Croix Boat and Packet Co. Tri-State Bobcat LIBRARY Ace Hardware Amazon Business Artistry Bibliotheca LLC Brodart Co Cintas Corporation Culligan of Stillwater Kaericher Jodi KidCreate Studio/Get Messy Koegel Christian M Mee Alisa Menards MN Dept of Labor and Industry Quill Corporation Rose Floral Scholastic Inc Uline Inc Mat cleaning service Equipment repair supplies Solar Energy Supplies Rec Center Project Equipment repair supplies Skates Parking lot lights Alarm monitoring Arena Billing Equipment repair supplies Janitorial Supplies Materials & supplies Programs - Adult Sorter Upgrade Materials Towels & Rugs Water Staff Reimbursement Programs -Juv Cataloging/Processing Programs - Juv Janitorial Supplies Elevator Permit Supplies Greenery for Terrace Pots Materials - Juv Janitorial Supplies Page 3 191.60 760.00 5,106.64 115.36 26,402.50 1,008.60 814.24 821.25 140.85 60,425.78 499.00 8.59 637.96 610.00 10,828.00 5,270.25 66.64 14.85 25.00 300.00 133.00 125.00 79.22 200.00 316.92 47.21 1,047.80 979.74 216 4th Street North Stillwater MN 55082 651-430-8800 www.stillwater.mn.us Finance To: Mayor and City Council From: Samuel Magureanu, Assistant Finance Director Date: 12/15/2020 Re: Acceptance of 2020 Donations BACKGROUND The City of Stillwater received the following cash donations as of December 10th, 2020: • St. Croix Valley Foundation - $9,829.00 • Leader Real Estate Group - Park - $2,000.00 • Christine Kipp - Park - $1,688.00 • Simonet Funeral Home - Oswald Memorial Bench - Park - $1,521.00 • Bailey Memorial Bench - Park - $1,521.00 • Richard and Michelle Bailey Park Bench - Park - $1,521.00 • Issacs Memorial Bench - Park - $1,521.00 • Valee de Croix - Tree Donation - Park - $350.00 • Erik Skon Memorial Bench - Park $1,521.00 • Liz Regimbal Memorial Bench - Park $1,521.00 • John Atkins Memorial Bench - Park $1,521.00 • Natubjai Patel Memorial Bench - Park $1,521.00 • Friends of Police - David or Sally Franke - $50.00 • Friends of Police - Sarah Saldin - $100.00 • Friends of Fire - Richard Kranz - $15.00 • Friends of Fire - North Star Herding Group Club - $450.00 • Friends of Fire - Susan or John Miller - $500.00 • Friends of Fire - CPR Tyler Peterson - $50.00 • Friends of Fire - CPR - $50.00 • Heart Safe Community - $60.00 RECOMMENDATION Staff recommends the acceptance of these donations for Fiscal Year 2020. ACTION REQUIRED If council agrees with staffs recommendation, Council needs to pass a resolution entitled "Resolution Accepting Cash Donations" in compliance with Minnesota Statute 465.03. cc: Sharon Provos - Finance Director RESOLUTION 2020- RESOLUTION ACCEPTING CASH DONATIONS IN 2020 WHEREAS, the City of Stillwater has received the following donations and designations in 2020: • St. Croix Valley Foundation - $9,829.00 • Leader Real Estate Group - Park - $2,000.00 • Christine Kipp - Park - $1,688.00 • Simonet Funeral Home - Oswald Memorial Bench - Park - $1,521.00 • Bailey Memorial Bench - Park - $1,521.00 • Richard and Michelle Bailey Park Bench - Park - $1,521.00 • Issacs Memorial Bench - Park - $1,521.00 • Valee de Croix - Tree Donation - Park - $350.00 • Erik Skon Memorial Bench - Park $1,521.00 • Liz Regimbal Memorial Bench - Park $1,521.00 • John Atkins Memorial Bench - Park $1,521.00 • Natubjai Patel Memorial Bench - Park $1,521.00 • Friends of Police - David or Sally Franke - $50.00 • Friends of Police - Sarah Saldin - $100.00 • Friends of Fire - Richard Kranz - $15.00 • Friends of Fire - North Star Herding Group Club - $450.00 • Friends of Fire - Susan or John Miller - $500.00 • Friends of Fire - CPR Tyler Peterson - $50.00 • Friends of Fire - CPR - $50.00 • Heart Safe Community - $60.00 and WHEREAS, Minnesota Statutes §465.03 requires donations to be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the above donations and the designation of funds. Adopted by the City Council of the City of Stillwater, Minnesota, this 15 day of December, 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk animal humane society November 16, 2020 City of Stillwater 214 N 4th Street Stillwater, MN 55082 Dear Municipal Administrator, As you know, even through dealing with COVID-19, Animal Humane Society has continued to partner with local cities to improve the lives and welfare of animals as well as the impact they have on people in our community. We look forward to continuing our partnership with you in 2021. To align our fees with our costs, there is a small 3% increase to our fees. When animals are returned to their owners through our facility, we will charge a $23 admin fee to the municipality. We will charge $202 for dogs and cats that remain in our care through a stray hold and are not returned to their owner. We will charge $47 for critters and other small companion animals. These costs cover their housing, feeding, vaccination, and other veterinary care. The contract previously stated that we would charge per 5 days for longer quarantines but didn't put explicit costs to it. To better clarify these situations, if an animal is seized by a city, and we have to impound it for greater than 5 days (usually a rabies quarantine that lasts 10 days), we will charge the city double the standard 5 day fee ($404) for the entire stay even if owner picks up the dog or cat. As well, if a city brings us an animal that has already passed, we would take care of cremation of the body and only charge the city the admin fee. This is not different from how we charged previously; we simply wanted to be as clear as possible. We have two contract process improvements that we are also introducing: auto -renew and digital contracts. We have had municipalities that continue to bring us animals even if we don't have a current, signed contract. We are happy to continue to support those municipalities, so we are including a clause in this year's contract that states that if a city we contract with in 2021 brings us animals in 2022 without a signed contract, we will continue to honor the existing contract with any price increases 2022 may see. As well, we will attempt to complete this year's contracts digitally, which will hopefully be a more efficient and timely process. If you have any questions about the program in general, please feel free to contact me at the email or phone number below. If you have any questions about specific billing issues or animals, please contact Brian Munro, our site manager in Woodbury. You will receive a contract digitally that has already been signed by Janelle Dixon, our CEO. Please digitally sign the contract in PDF format and return to us via the same email address as we sent the contract to you. This is the same email address we will use for billing in 2021. Coon Rapids • Golden Valley • St. Paul • Woodbury 952-435-7738 animathumanesociety.org animal humane society If you are receiving this in letter form, then we do not have an email address for you. Please contact our Woodbury Site Manager, Brian Munro, to update your contact information with your email address. We appreciate your partnership as we seek to serve both the people and animals of our communities. Sincerely, Graham Brayshaw, DVM Director of Animal Services, Animal Humane Society gbrayshaw@animalhumanesociety.org (763) 489-2224 Animal Humane Society, Woodbury c/o Brian Munro, Site Manager 9785 Hudson Rd Woodbury, MN 55125 bmunro@animalhumanesociety.org (651) 788-4675 Coon Rapids - Golden Valley • St. Paul • Woodbury 952-435-7738 animalhu manesociety.org Animal Humane Society and City of Stillwater Letter of Understanding for Impound Housing Services 2021 1. Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. AHS is unable to house wildlife or farm animals. i. Exceptions can be made for chickens with prior approval of the site manager at AHS. c. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. d. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. e. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. g. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. h. Hold animal for the legally required stray holding period: 5 days in MN, 4 Days in WI if a live release, 7 days in WI if euthanized or until reclaimed by owner within this holding period. i. AHS will follow internal policy and best practice for unclaimed animals. City of Stillwater may request and view AHS policies at any time. 2. AHS expectations: a. AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. 1 b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. d. AHS is not responsible for collecting any fees from an owner for a municipality. 3. City of Stillwater agrees to: a. Adhere to the drop off procedure set forth by AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. i. AHS will charge a standard hold fee of $202 per canine or feline and a $47 fee per "other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. ii. AHS will charge a municipality mandated quarantine fee of $404 per canine or feline that is held for a quarantine lasting more than 5 days independent of who claims the animal after that hold. iii. AHS will charge a $23 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the standard fee. In these instances, AHS will charge the owner the additional reclaim fees. iv. AHS will charge a $23 administrative/processing fee for disposal of any cadavers brought to and AHS facility by a representative of the municipality. v. City of Stillwater is responsible for fees if the owner does not reclaim by the last day of the stray hold. f. Adhere to AHS policy and best practice for unclaimed animals. City of Stillwater may request and view AHS policies at any time. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after-hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. i. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures, policies and requirements. 4. Administration 2 a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt of billing d. The AHS agrees to maintain all data received from City of Stillwater in the same manner as City of Stillwater as required under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. e. Insurance Requirements. i. Liability. AHS agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal injury, advertising injury, and contractually assumed liability. Upon request City of Stillwater shall be named as an additional insured. ii. Automobile Liability. If AHS operates a motor vehicle in performing the services under this agreement, AHS shall maintain commercial automobile liability insurance, including owned, hired, and non -owned automobiles, with a minimum liability limit of $1,000,000, combined single limit iii. Workers' Compensation. AHS agrees to comply with all applicable workers' compensation laws in Minnesota. iv. Certificate of Insurance. The AHS shall deliver to City of Stillwater a Certificate of Insurance as evidence that the above coverages are in full force and effect. f. Indemnification: i. AHS. To the fullest extent permitted by law, AHS agrees to defend and indemnify City of Stillwater, and its officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of AHS, AHS's subcontractor(s), or anyone directly or indirectly employed or hired by AHS, or anyone for whose acts AHS may be liable. AHS agrees this indemnity obligation shall survive the completion or termination of this agreement. ii. City of Stillwater. To the fullest extent permitted by law, City of Stillwater agrees to defend and indemnify AHS, and its officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of City of Stillwater, or anyone directly or indirectly employed or hired by City of Stillwater, or anyone for whose acts City of Stillwater may be liable. City of Stillwater agrees this indemnity obligation shall survive the completion or termination of this agreement. 3 This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. If the municipality brings animals to AHS without a signed contract, it will be assumed that the agreement is extended for term of the next contract. The agreement can be ended at any time by either party with a 30 day written notice. This agreement is entered into on the day of , 202_ by Janelle Dixon, President & CEO Animal Humane Society Signed on behalf of Municipal Authority Printed Name and Title Signed on behalf of Municipal Authority Printed Name and Title 4 Coronavirus Relief Fund (CRF) Categories Local Government Expenditure Report City of Stillwater Final Description Total Administrative Expenses Expenses associated with the administration of CRF funds $ 5,475.60 Providing paid sick and paid family and medical leave to public employees to enable compliance Budgeted Personnel and Services Diverted to a Substantially Different Use 25,377.71 with COVID-19 public health precautions Improve telework capabilities for public employees to enable compliance with COVID-19 public Improve Telework Capabilities of Public Employees 109,274.45 health precautions Payroll for Public Health and Safety Employees Examples of types of covered employees, or classes of employees, include: • Public Safety, Public Health, Health Care, Human Services • Similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency 742, 307.64 Acquisition and distribution of protective supplies, including sanitizing products and personal Personal Protective Equipment 90,060.81 protective equipment for employees connected to COVID-19 public health emergency Public Health Expenses Disinfection of public areas and other facilities, in response to the COVID-19 public health emergency. Public safety measures undertaken in response to COVID-19. Technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. 476,634.60 Provision of grants to small businesses to reimburse the costs of business interruption caused by Small Business Assistance 50,000.00 required closures Unemployment insurance costs related to the COVID-19 public health emergency if such costs will Unemployment Benefits 1,270.19 not be reimbursed by the federal government pursuant to the CARES Act or otherwise Total Spent $ 1,500,401.00 StIllr Administration Date: December 9, 2020 TO: Mayor and City Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of New Off -sale Liquor License and Tobacco License Northern Spirits Stillwater LLC dba Cellars Wine & Spirits DISCUSSION: An application for an off -sale liquor license and tobacco license for Cellars Wine & Spirits has been received from Northern Spirits Stillwater. Ryan and Traci Wright are purchasing the business located at 1920 Market Drive from Brian Schutte on December 20, 2020 and intend to have their license begin on January 1, 2021. RECOMMENDATION: Staff recommends approval of the off -sale liquor license and tobacco license contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before staff issues the actual license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a new Off -sale Liquor License and new Tobacco License to Northern Spirits Stillwater LLC dba Cellars Wine & Spirits, contingent upon the above investigations, inspections and approvals. illwat!r Administration Memorandum To: Mayor & City Council From: Beth Wolf, City Clerk Date: 12/9/2020 Re: Board and Commission Appointments A few Boards and Commissions have openings for members. Staff published the openings, applications were received and Zoom interviews were conducted. The recommendations to fill the commission appointments are as follows: Library Board of Trustees: Three terms expire December 31, 2020. Sharon Hollatz is recommended to be reappointed. Ryan Mathre, Ward 3 and Craig Hansen, Ward 1 are recommended to fill the other two expiring seats on the board with terms ending December 31, 2023. Joint Cable Commission: No applications were received and staff will publish again for the one open seat. Utilities Commission: Two members are needed to fill the seats on this new commission. Jon Whitcomb, Ward 3 is recommended to fill one of the seats, with an expiring term of May 1, 2023. Staff will publish again for the remaining open seat. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Sharon Hollatz, Ryan Mathre and Craig Hansen to the Library Board of Trustees, and Jon Whitcomb to the Utilities Commission. RESOLUTION NO. 2020- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY OF STILLWATER TO DECLARE AND DISPOSE OF SURPLUS EQUIPMENT ACCORDING TO LAW WHEREAS, by Minnesota Statutes, Sections 471.345 and 471.3459, the City is authorized and empowered to dispose of surplus equipment; and WHEREAS, the City recently purchased a new fire department apparatus and and no longer needs the 1986 Ford fire apparatus valued at less than $3,000. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater hereby declares the 1986 Ford fire apparatus as surplus equipment and authorizes the disposal thereof pursuant to statute. Adopted by the City Council of the City of Stillwater, Minnesota this 15th day of December, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Sti wa`er Administration Date: December 7, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Solid Waste, Recycling and Roll -off Hauler License DISCUSSION: Applications for the 2021 Solid Waste, Recycling and Roll -off Hauler License has been received from the following Highland Sanitation & Recycling Inc. Maroney Sanitation Inc Tennis Sanitation, LLC Waste Management Inc. Applications for the 2021 Roll -off only Hauler License has been received from the following: Ace Solid Waste, Inc Atomic Recycling, LLC Buckingham Trucking Gene's Disposal Service, Inc Schill's Dumpster Service LLC Veit Container Corporation dba Veit Disposal Systems RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting resolution APPROVING SOLID WASTE, RECYCLING AND/OR ROLL -OFF HAULER LICENSES contingent upon the satisfactory completion of application submittal requirements. RESOLUTION 2020- APPROVING SOLID WASTE, RECYCLING AND/OR ROLL -OFF HAULER LICENSE WHEREAS, applications for a 2021 Solid Waste, Recycling and Roll -off Hauler License has been received by the businesses listed below; and WHEREAS, approval is contingent upon satisfactory completion of application submittal requirements. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a Commercial Solid Waste, Recycling and/or Roll -off Hauler License for businesses listed below with respective licenses, as contingest above: Name of Business License Type Highland Sanitation & Recycling Inc. Solid Waste, Recycling & Roll -Off Hauler Maroney Sanitation Inc Solid Waste, Recycling & Roll -Off Hauler Tennis Sanitation, LLC Solid Waste, Recycling & Roll -Off Hauler Waste Management Inc Solid Waste, Recycling & Roll -Off Hauler Ace Solid Waste, Inc Roll -off Hauler Atomic Recycling, LLC Roll -off Hauler Buckingham Trucking Roll -off Hauler Gene's Disposal Service, Inc Roll -off Hauler Schill's Dumpster Service LLC Roll -off Hauler Veit Container Corporation dba Veit Disposal Systems Roll -off Hauler Adopted by Council this 15th day of December 2020. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk TO: Stillwater v„) Administration Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: December 11, 2020 SUBJECT: 2021-2022 Labor Agreement between City of Stillwater and American Federation of State, County and Municipal Employees Minnesota Council 5 Local 517 BACKGROUND The City of Stillwater and AFSCME Council 5 Local 517 have concluded negotiations for a successor labor agreement for 2021 and 2022 and the AFSCME Council 5 Local 517 membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration — 2 year agreement, January 1, 2021 through December 31, 2022 • Wages — General Wage Increase: 2.0% increase effective January 1, 2021; 2.0% increase effective January 1, 2022 • Health Insurance — Employer contribution to $1,246.86 per month per member toward group health insurance effective January 1, 2021, and increase employer contribution to $1,261.86 per month per member toward group health insurance effective January 1, 2022 • Vacation — Constructive Receipt: On an annual basis, at the end of a calendar year, employees may voluntarily elect to cash -out vacation in excess of eighty (80) hours to be paid in January at the rate of pay in effect at the end of the previous year. The written election is irrevocable in nature and must be made on or before December 15 in the calendar year prior to the cash -out taking place • On Call MIS/IT — Memorandum of Agreement updated to add IS Technician to memorialize current practice, and increase on -call payment effective January 1, 2022, to $115 for every third week Notice: When the normal payday falls on a Federal Reserve holiday, the pay date shall be the previous non - Federal Reserve holiday. When the pay date falls on New Year's Day (January 1), to avoid tax -related problems, the pay date will be the next business "bank" day following the New Year's holiday. RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and AFSCME Council 5 Local 517 is consistent with direction from City Council for labor negotiations. AFSCME Council 5 Local 517 membership has approved the 2021-2022 labor agreement. Increased contract costs are included in the proposed 2021 budget. Therefore, staff recommends adoption of the resolution entitled "Approving the 2021-2022 Labor Agreement between City of Stillwater and AFSCME Council 5, Local 517." RESOLUTION 2020- APPROVING THE 2021-2022 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND AFSCME COUNCIL 5 LOCAL 517 BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2021-2022 Labor Agreement between the City of Stillwater and AFSCME Council 5, Local 517, as on file with the City Clerk, is hereby approved with the following changes: • Contract Duration — 2 year agreement, January 1, 2021 through December 31, 2022 • Wages — General Wage Increase: 2.0% increase effective January 1, 2021; 2.0% increase effective January 1, 2022 • Health Insurance — Employer contribution to $1,246.86 per month per member toward group health insurance effective January 1, 2021, and increase employer contribution to $1,261.86 per month per member toward group health insurance effective January 1, 2022 • Vacation — On an annual basis, employees may voluntarily elect to cash -out hours in excess of eighty (80) to be paid in January at the rate of pay in effect at the end of the previous year. The written election is irrevocable in nature and must be made on or before December 15 in the calendar year prior to the cash -out taking place • On Call MIS/IT — Memorandum of Agreement updated to add IS Technician to memorialize current practice, and increase on -call payment effective January 1, 2022, to $115 for every third week • Notice - When the normal payday falls on a Federal Reserve holiday, the pay date shall be the previous non -Federal Reserve holiday. When the pay date falls on New Year's Day (January 1), to avoid tax -related problems, the pay date will be the next business "bank" day following the New Year's holiday BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 15th day of December, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk SliI Iwater Administration TO: Mayor and City Council Members FROM: Beth Wolf, City Clerk DATE: December 11, 2020 SUBJECT: Legal Publication Designation for 2021 DISCUSSION The City has received proposals from The Stillwater Gazette and St. Paul Pioneer Press to provide legal publication services to the City. Their rates for 2021 are as follows: • Gazette's rates are $4.75 per column inch for the first insertion, ($3.95 per inch for subsequent insertions of the same legal notice). Same as 2020. • St. Paul Pioneer Press (Washington County section, Monday -Saturday) $6.30 per print line for liner ads ($6.30 per inch for subsequent insertions of the same legal notice). An increase of $0.30 from 2020; The legal publications have been published in the Gazette for many years, and even though their frequency of legal publications have been reduced to Friday, the requirements for legal publications have been met. Occasionally there is a need to publish before the next deadline for the Gazette, so the Pioneer Press is an excellent resource for those situations. RECOMMENDATION Staff recommends that Council continue publishing in the Stillwater Gazette for its legal publications and also designate the St. Paul Pioneer Press as a secondary legal publication should the need arise. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting a resolution Designating the Stillwater Gazette and St. Paul Pioneer Press as the City's 2021 Legal publications, and approving their respective agreements. DESIGNATING THE STILLWATER GAZETTE AND ST. PAUL PIONEER PRESS AS THE CITY'S 2021 LEGAL PUBLICATIONS AND APPROVING THEIR RESPECTIVE AGREEMENTS WHEREAS, the City is required to designate a legal newspaper every year; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City's official publication for all legal notices; 2. The St. Paul Pioneer Press is hereby designated as the City's secondary official publication for legal notices that are not able to be published in the Stillwater Gazette, should the need arise as determined by the City Clerk; and 3. That the contracts for the Stillwater Gazette and St. Paul Pioneer Press are is hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Adopted by the Stillwater City Council this 15th day of December, 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2021 THIS AGREEMENT, made and entered into this 15th day of December 2020, by and between THE STILLWATER GAZETTE, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 4. The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 5. That for and during the calendar year ending December 31, 2021, the Contractor will publish all legal notices in The Stillwater Gazette. 6. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 7. That all of the publications shall generally conform with established standards of quality previously provided the City. 8. In accordance with the Specifications for City of Stillwater publications for 2020 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First insertion: $4.75 per column inch Second, and each subsequent insertion: $3.95 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER GAZETTE In presence of: CITY OF STILLWATER Beth Wolf, City Clerk Ted Kozlowski, Mayor AGREEMENT FOR THE ST. PAUL PIONEER PRESS OFFICIAL SECONDARY NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2021 THIS AGREEMENT, made and entered into this 15th day of December 2020, by and between THE ST. PAUL PIONEER PRESS, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that the St. Paul Pioneer Press is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2021, the Contractor will publish legal notices in the St. Paul Pioneer Press that are not able to be published in the Stillwater Gazette, as determined by the City Clerk. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2021 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost for official City publications shall be as follows: • $6.30 per column inch for a one-time publication; ($6.30 per inch for subsequent insertions of the same legal notice); IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE PIONEER PRESS In presence of: CITY OF STILLWATER Beth Wolf, City Clerk Ted Kozlowski, Mayor RESOLUTION 2020- RESOLUTION APPROVING RENEWALS OF LIQUOR LICENSES AND TOBACCO LICENSE FOR 2021 WHEREAS, application for renewals have been received by the businesses listed below; and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor and/or tobacco license according to the City of Stillwater, State of Minnesota Alcohol & Gambling Enforcement Division and Washington County Public Health and Environment. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below with their respective licenses, as contingent above: DBA (Doing Business As) Organization Name/Corporation License Type(s) Cooks of Crocus Hill Cooks of Crocus Hills LLC Wine w/Strong Beer Holiday Stationstores, Inc. #442 Holiday Stationstores, LLC Tobacco La Caretta La Caretta, LLC Wine w/Strong Beer Portside Stillwater Holdings LLC On Sale; Sunday Quickfire Pizza L and L Companies LLC Wine w/Strong Beer The Zephyr Theatre Only a Dim Image Productions On Sale; Sunday Stardust Endeavours LLC Ziggy's on Main On Sale; Sunday Adopted by Council this 15th day of December 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk „L.,, Ilwater Administration DATE: December 11, 2020 TO: Mayor and City Council FROM: Beth Wolf, City Clerk SUBJECT: Amendment to Liquor License Restaurant 232, LLC dba Match Stick. at 232 Main Street N DISCUSSION During the recent issuance of a new off -sale liquor license to Match Stick, it was discovered the hotel and patio areas were not included as part of their original on -sale liquor license. Therefore Restaurant 232, LLC dba Matchstick is requesting to amendment thier on -sale including Sunday intoxicating liquor license to include the patio area on the perimeter of the hotel along with all interior areas including guest rooms inside the hotel. This request would allow the restaurant to provide in -room service to the hotel guests. State Statue requires connected attachments such as patios be compact and contiguous to the main structure and amendments to premise be approved by the City Council. RECOMMENDATION: Staff recommends approval contingent upon the determination of amended premise area to be compact and contiguous by the Alcohol & Gambling Enforcement. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion approving the amendment of the patio area and interior area of the hotel to the Restuarnt 232, LLC dba Matchstick on -sale intoxicating liquor license. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us RESOLUTION 2020- RESOLUTION APPROVING THE ADDITION OF ADDITIONAL LICENSE PREMISES OWNED BY RESTAURANT 232 LLC DBA MATCH STICK WHEREAS, a request from Restaurant 232 LLC to add include the patio area on the perimeter of the hotel along with all interior areas including guest rooms inside the hotel as an amendment to their on -sale liquor license premises located at 232 Main Street North; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and continuous"; and BE IT RESOLVED, that the Stillwater City Council hereby approve the amended licensed premises located at 232 Main Street North, conditioned upon the following: 1. Approvals Washington County Public Health and Environment Department, Police, Fire, Building, and Finance Departments as well as the Minnesota Alcohol & Gambling Enforcement Division. Adopted by the Stillwater City Council this 15th day of December 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: December 10, 2020 RE: MS4 application for reauthorization service contract DISCUSSION This past month, the new Municipal Separate Storm Sewer System (MS4) General Permit was issued by the Minnesota Pollution Control Agency. The MS4 general permit is designed to reduce the amount of sediment and other pollutants entering state waters from storm water systems. The City initially submitted an application in 2006, resubmitted its application permit back in 2013 and is now required to resubmit/ update its application for reauthorization by April 15, 2021. The City has received a quote in the amount of $3,992.00 from WSB to assist with the permit application and includes an assessment of our current permit program and provide recommendations to strengthen our program. RECOMMENDATION. Since the City has used the services of WSB for the past seven years to assist us with MS4 program and has a good working relationship. It is recommended that council approve WSB to provide services and enter into an agreement to assist the City on the MS4 Part II Application for Reauthorization for $3,992.00. ACTION REQUIRED If Council agrees with the Recommendation, they should pass a motion to enter into an agreement with WSB for the City of Stillwater MS4 Part II Application for Reauthorization. Stillwater Administration Date: December 10, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk Subject: Liquor License Licensee Name Change (DBA/Trade Name) Muddy Paw Cafe to Coffee Paw Cafe - M&K Duncan, LLC BACKGROUND: A request has been received from M&K Duncan, LLC to revise their liquor license business name (DBA/Trade Name). They would like to change their liquor license name from Muddy Paw Cafe to Coffee Paw Cafe. The corporate information (Licensee Name) will remain M&K Duncan, LLC. All required documentation has been received, however name changes, licensee name or DBA/trade name changes for establishment license(s) require approval from the City and State. ACTION REQUIRED: If approved, Council should pass a resolution approving the business name change from Muddy Paw Cafe to Coffee Paw Cafe. RESOLUTION 2020- APPROVING LIQUOR LICENSE BUSINESS NAME CHANGE FROM MUDDY PAW CAFE TO COFFEE PAW CAFE WHEREAS, revised application documentation for a name change has been received from M&K Duncan, LLC, dba Muddy Paw Cafe, to be changed to Coffee Paw Cafe, located at 825 4th St S; and WHEREAS, only the Licensee dba name has changed and all required information has been submitted. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater, Minnesota, hereby approves the name change. Adopted by City Council this 15th day of December, 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STAFF REQUEST ITEM Department: Fire Date: December 3, 2020 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval for Fire Chief to renew a two (2) year professional services agreement with Regions Hospital Emergency Medical Services to provide continuing EMS education for Fire Department personnel. Regions EMS is the medical direction for SFD staff and all Department personnel are required to maintain a minimum level of EMS continuing education per year to remain certified. This agreement assures personnel are meeting the minimum State certification requirements. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The cost per year for the agreement is $1,750.00 and is outlined on page three of the attached contract. The Department includes annual professional services contract costs in the line item operations budget and has the funds to pay for this service. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: December 3, 2020 CONTINUING MEDICAL EDUCATION AGREEMENT BETWEEN REGIONS HOSPITAL, THROUGH REGIONS HOSPITAL EMERGENCY MEDICAL SERVICES AND STILLWATER FIRE DEPARTMENT THIS CONTINUING MEDICAL EDUCATION AGREEMENT ("Agreement"), effective January 1, 2021 ("Effective Date"), is between Regions Hospital ("Regions"), through its Regions Emergency Medical Services Program ("Regions EMS"), and Stillwater Fire Department ("Agency"). Regions and Agency, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1- Services 1.1 CME Training. Regions, through Regions EMS, will provide the Continuing Medical Education ("CME") training program(s) selected below (the "Program(s)") to Agency providers ("Trainees") (check all that apply): ✓ Emergency Medical Technician ("EMT") Continuing Education, as described in Schedule A.1 attached hereto. ❑ Advanced EMT ("AEMT") Continuing Education, as described in Schedule A.2 attached hereto. ❑ Paramedic Continuing Education, as described in Schedule A.3 attached hereto. 1.2 Scheduling. Regions EMS will provide CME on topics prescribed by the NCCP model on a quarterly basis (i.e., four (4) Contract Quarters (defined below) per year). Regions EMS will provide at least one (1) CME training session per Contract Quarter at Agency's site. Additional training sessions at Agency's site to be cooperatively scheduled based on anticipated Trainee count. One session per Contract Year (defined below) may be offered as distance/on-line education at Regions EMS' discretion. Regions EMS offers multiple training sessions within a Contract Quarter at other agency sites for Trainees to have additional scheduling options. For purposes of this Agreement "Contract Quarter" means each three- month period of the term of this Agreement beginning on the Effective Date. 1.3 Number of Trainees. Each CME training session will be open to a maximum of twenty-four (24) Trainees, unless otherwise agreed to by the parties. Agency will provide Regions EMS with a roster of expected Trainees to allow Regions EMS to coordinate the attendance of providers from other services. 1342103.1 1.4 Attendance Reports. Regions EMS will provide accurate reports of Trainees attendance at the training sessions for re -certification. 1.5 Training Site. Except as otherwise specified in Paragraph 1.2 of this Agreement, training will be held at 250 Maryknoll Drive N, Stillwater, MN 55082 (the "Training Site"). The Training Site will accommodate up to twenty-four (24) Trainees, and contain seating that is conducive to lecture, and two separate spaces that accommodate up to twelve (12) Trainees, (1) Instructor, and training equipment. 1.6 Equipment. Regions EMS will provide all reasonably necessary equipment for the CME training sessions, including AV, manikin, etc., unless such equipment is otherwise provided by Agency. 1.7 Evaluation and Tracking. Regions EMS will be responsible for educational evaluation, tracking, and reporting to Agency. Regions EMS will provide feedback to Agency on the status of attendance prior to the last CME session of each Contract Quarter. 1.8 Agency Contact. Agency designates Deputy Chief Tom Ballis as the primary Agency contact for the CME training activities contemplated in this Agreement ("Agency CME Coordinator"). The Agency CME Coordinator will be responsible for pre -registration of the Trainees for ALS/BLS CME and communication with Regions EMS regarding attendance status, pre -registration at other training sites, and recertification reports. 1.9 Regions EMS Contact. Regions EMS designates Lauren Halvorsen as its primary contact for Program scheduling, pre -registration, tracking issues, and recertification administrative paperwork ("Regions EMS Contact"). The Regions EMS Contact can be reached by calling 651-254-7788 or via email at EMSEducation@HealthPartners.com. 1.10 Specific Medical Direction or Consultation Requirements. Regions is not required to provide medical direction or consultation services under this Agreement. Medical direction and/or medical consultation services will be provided under a separate agreement. SECTION 2 - Compensation 2.1 Fee. In consideration for the services provided under this Agreement, Agency will pay Regions $125 (the "Fee") per Student each year during the term of this Agreement. The Fee may be prorated on a quarterly basis. 2.2 Student Count. Agency's final Student roster count will be determined upon the execution of this Agreement. The Agency's roster may be increased during the term of this Agreement as a result of new hire with the Agency. The Agency's 2 1342103.1 roster may be decreased during the term of this Agreement as a result of change of employment status with the Agency. The Agency will be responsible for communicating roster changes directly to Regions EMS. Fees will not change during the term of the Agreement as a result of roster changes. 2.3 Credit. If Agency is currently a party to a medical direction or medical consultation agreement with Regions EMS, and wishes to continue this Agreement, a teaching credit of $0 per year (prorated quarterly), will be applied against the Fee. It is agreed that Agency has 14 Trainees and will pay Regions $1750 per Contract Year (as defined below). 2.4 Payment Schedule. The billing cycle is as follows (check applicable billing cycle): ❑ Thirty days prior to start of each Contract Quarterly ❑x Thirty days prior to start of each Contract Year (as defined below) ❑ Upon execution of this Agreement for the entire term of the Agreement Regions EMS will invoice Agency and Agency will pay Regions based on the billing cycle selected above. 2.5 No Referrals for Compensation. The parties agree that the Fee has been determined in arms length bargaining, and is consistent with fair market value in arms -length transactions. Furthermore, the Fee is not, has not been, and will not be, determined in a manner that takes into account the volume or value of any referrals or business otherwise generated for or with respect to Regions or between the parties for which payment may be made, in whole or in part under Medicare or any state health care program or under any other payor program. SECTION 3 — Term and Termination 3.1 Term. This Agreement will commence on the Effective Date and will remain in effect until December 31, 2023 ("Initial Term"). Thereafter, Regions EMS will initiate renewal of this Agreement for successive twenty-four (24) month periods unless either party provides the other written notice of non -renewal at least thirty (30) days prior to the end of the then current Contract Year. For purposes of this Agreement, the term "Contract Year" will mean a twelve (12) month period of the term of this Agreement beginning on the Effective Date. 3.2 Termination without Cause. Either party may terminate this Agreement at any time without cause by providing the other party written notice of termination at least sixty (60) days prior to the date of termination. Notwithstanding the foregoing, any termination of this Agreement pursuant to this Section will be effective only at the end of the then current Contract Quarter. Further, no 3 1342103.1 termination pursuant to this Section may be effective prior to the end of the first Contract Year of this Agreement. 3.3 Mutual Agreement. The parties may terminate this Agreement by mutual agreement at any time; however, no termination pursuant to this section may be effective prior to the end of the first Contract Year of this Agreement. SECTION 4 - Miscellaneous Provisions 4.1 Trainees Not Employees. Neither the Trainees nor the Agency staff are employees or agents of Regions for any purpose. None of the Trainees or Agency staff who participate in the CME training pursuant to this Agreement are entitled to remuneration or any other benefits, which may have accrued, or be available to any employee of Regions. 4.2 Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior agreements between the parties and any of their respective affiliates or related companies related to the subject matter herein. This Agreement may not be changed, added to, amended, or modified except by a subsequent written instrument signed by an authorized representative of each of the parties hereto. 4.3 Governing Law. This Agreement will be governed, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions. 4.4 Notices. Any and all notices, requests, demands or other communications required or permitted to be given by this Agreement or any agreements referred to herein or entered into pursuant hereto, or by any rule or law, of any kind ("Notices") will be given in writing and will be deemed to have been given if and when personally delivered, sent by first class prepaid mail, by telegram, or by facsimile, and actually received. Notices will be sent/delivered to the party at the address set forth below or to such other address and to such other person as such party will notify the other Party: To Regions Hospital To Agency Regions Hospital Emergency Medical Services 640 Jackson Street #13801B St. Paul, MN 55101-2595 Attn: Matt Milder, EMS Manager Stillwater Fire Department 250 Maryknoll Drive North Stillwater, MN 55082 Attn: Chief Stuart Glaser 4 1342103.1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below. REGIONS HOSPITAL By: Its: Date: AGENCY By: Its: Date: 5 1342103.1 SCHEDULE A.1 EMT CME Program a. Regions EMS will provide Emergency Medical Technician CME to cover the 20- hour National component of the National Registry of Emergency Medical Technicians National Continued Competency Program ("NCCP") continuing education requirements. b. Includes skill practice and assessment when indicated as part of the NCCP requirements. c. Regions EMS will provide multiple CME training sessions within a Contract Quarter (as defined below) for Trainees to have more than one option for attending. For purposes of this Agreement "Contract Quarter" means each three-month period of the term of this Agreement beginning on the Effective Date. d. Regions EMS will provide EMT CME that challenges Trainees, and uses reasonable efforts to ensure diversity with respect to instructors and resources. 6 1342103.1 SCHEDULE A.2 AEMT CME Program a. Regions EMS will provide Advanced Emergency Medical Technician CME to cover the 25-hour AEMT National Component of the National Registry of Emergency Medical Technicians National Continued Competency Program ("NCCP") continuing education requirements. b. Includes skill practice and assessment when indicated as part of the NCCP requirements c. Regions EMS will provide multiple CME training sessions within a Contract Quarter (as defined below) for Trainees to have more than one option for attending. For purposes of this Agreement "Contract Quarter" means each three-month period of the term of this Agreement beginning on the Effective Date. d. Regions EMS will provide AEMT CME that challenges Trainees, and uses reasonable efforts to ensure diversity with respect to instructors and resources. 7 1342103.1 SCHEDULE A.3 Paramedic CME Program a. Paramedic CME to cover the 30-hour Paramedic National component of the National Registry of Emergency Medical Technicians National Continued Competency Program ("NCCP") continuing education requirements. b. Includes skill practice and assessment when indicated as part of the NCCP requirements c. Regions EMS will provide multiple CME training sessions within a Contract Quarter (as defined below) for Trainees to have more than one option for attending. For purposes of this Agreement "Contract Quarter" means each three-month period of the term of this Agreement beginning on the Effective Date. d. Provide CME that challenges Trainees, and uses reasonable efforts to ensure diversity with respect to instructors and resources 8 1342103.1 Memo DATE: December 9, 2020 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 1 St 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 turn 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 Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for Address Acct 1 Leaking Toilet From 28,000 1st 650 Eben Ct 10065 To 11,000 2 Leaking Toilet From 71,000 1st 210 Walnut St E 10736 To 31,000 3 Leaking Toilet From 35,000 1st 1505 Harriet St S 7447 To 11,000 4 Leaking Toilet From 69,000 1st 1306 5th St S 11042 To 17,000 5 Leaking Toilet From 29,000 1st 119 Sherburne St N 5657 To 3,000 6 Leaking Toilets From 67,000 1st 260 Pineridge Lane 9520 To 12,000 StIllr Administration Date: December 9, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a New On -sale & Sunday Liquor License Stillwater Proper LLC, DBA Stillwater Proper DISCUSSION: An application has been received for a new On -sale Intoxicating Liquor License, including a Sunday Liquor License, for a new business called Stillwater Proper LLC, DBA Stillwater Proper, located at 227 Main St S. 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 required before staff issues the license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a new On -sale and Sunday liquor license for Stillwater Proper LLC, DBA Stillwater Proper, contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. iliwater. RE ERHPLACE OF MIMEITA DATE: December 10, 2020 TO: Honorable Mayor & City Councilmembers FROM: Tom McCarty, City Administrator Sharon Provos, Finance Director SUBJECT: TIF District #6 (Jr. High) Designation of Increment Balance BACKGROUND In 2017, the City Council approved a resolution to approve the use of TIF District #6 increment for the Veteran's Memorial Parking Lot project in the amount of $410,000. This project was an eligible infrastructure improvement within the District. The cost for this project was $634,642, which exceeded the original designation by $224,642. There is $205,639 of eligible funds in the district to offset some of the additional costs of the project. This district has a statutory decertification date of December 31, 2020. Any funds remaining at that time, would be considered excess increment and the City would be required to return those funds to the county. ACTION REQUESTED Staff recommends approval of the Resolution, Designating Use of TIF District #6 Increment for Costs of Eligible Infrastructure Improvements within TIF District #6. RESOLUTION NO. 2020- RESOLUTION DESIGNATING USE OF TIF DISTRICT #6 INCREMENT FOR COSTS OF ELIGIBLE INFRASTRUCTURE IMPROVEMENTS WITHIN TIF DISTRICT #6 WHEREAS, on May 18, 1993 the City Council approved the establishment of Tax Increment Financing District #6 (the "District"); and WHEREAS, the District has a statutorily required decertification date of December 31, 2020; and WHEREAS, the District continues to generate tax increments that have been used for financing of District obligations and eligible redevelopment activities within the District and Project Area and prior to District decertification scheduled for December 31, 2020, remaining funds will be utilized for payment of eligible infrastructure maintenance items within the District as authorized within the TIF Plan; and WHEREAS, the City Council approved the following improvement items within TIF District #6 that were eligible to be funded with tax increments of the District with Resolution No. 2017-051: Improve retaining walls in lower parking lot on 3rd Street $230,000 Update 10 parking lot lights (poles, wiring & conversion to LED lights) $ 80,000 Reroute storm sewer from upper parking lot on 3rd Street to Pine St. $ 50,000 Construct 14 additional parking spaces in lower parking lot on 3rd St. $ 50,000 TOTAL $410,000 WHEREAS, the total cost of the improvements was $634,642, exceeding the original designation by $224,642; WHEREAS, there is $205,639 of eligible funds left in the district to pay for the improvements; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby designates use of TIF District #6 tax increments for the additional eligible costs of $205,639 within TIF District #6. Adopted by the City Council of the City of Stillwater, Minnesota this 15th day of December, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Stillwater Administration Date: November 5, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk Subject: Liquor License Licensee Name Change (DBA/Trade Name) Ziggy's West to Ziggy's on Main - Stardust Endeavors LLC BACKGROUND: A request has been received from Stardust Endeavors LLC to revise their liquor license business name (DBA/Trade Name). They would like to change their liquor license name from Ziggy's West to Ziggy's on Main. The corporate information (Licensee Name) will remain Stardust Endeavors LLC. All required documentation has been received, however name changes, licensee name or DBA/trade name changes for establishment license(s) require approval from the City and State. ACTION REQUIRED: If approved, Council should pass a resolution approving the business name change from Ziggy's West to Ziggy's on Main. RESOLUTION 2020- APPROVING LIQUOR LICENSE BUSINESS NAME CHANGE FROM ZIGGY'S WEST TO ZIGGY'S ON MAIN WHEREAS, revised application documentation for a name change has been received from Stardust Endeavors LLC, dba Ziggy's West, to be changed to Ziggy's on Main, located at 132 Main St S; and WHEREAS, only the Licensee dba name has changed and all required information has been submitted. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby approves the name change. Adopted by City Council this 15th day of December, 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater THE BIRTHPLACE OF MINNESOTA PLANNING REPORT TO: City Council REPORT DATE: December 11, 2020 MEETING DATE: December 15, 2020 APPLICANT: Matt and Jenn Hauer LANDOWNER: Matt and Jenn Hauer CASE NO.: 2020-59 REQUEST: Variance to the side yard setback to allow for the vertical expansion of an existing legal nonconforming garage. LOCATION: 313 Pine Street West ZONING: RB, Two -Family Residential REPORT BY: Graham Tait, City Zoning Administrator REVIEWED BY: Abbi Wittman, City Planner INTRODUCTION Matt and Jenn Hauer own the property at 313 Pine Street West, which is a single-family house with a two car garage attached by a narrow breezeway. Mr. and Mrs. Hauer are seeking to add a deck and a porch on the rear side of the house, as well as a master bedroom suite above the existing garge and closing in the breezeway to attach the house. This would require a variance, because the existing garage and the proposed addition above it, are only 1.1 foot from the side property line. On November 19th, this planning case went before the planning commission. In a 4-2 vote with Chair Lauer and Councilmember Collins diseenting, the Planning Commission voted to approve the variance. Subsequently the Thomases, the neighbor at 504 5th St South, has appealed the Planning Comission's decision, thus it goes before the City Council. During public discussion the Thomases stated they are not in support of how close the addition would be to the property line, noting the vertical expansion is encroaching too much towards their property and future maintenance of the building will require encroachment onto their property. They also stated concerns for drainage though the roof will be pitched towards the Hauer's yard. Lastly, the issue of maintnence was brought up. CPC Case 2020-59 Page 2 of 5 SPECIFIC REQUEST The applicant is requesting: 1) a variance to City Code Section 31-308. (b)(1) to allow a second story addition to an existing attached garage to be setback 1.1' from the side yard setback, whereas the minimum required side yard setback is five feet; and 2) a variance to allow the combined side yard setbacks to total 7.7', whereas 15' is the minimum requirement in the RB Zoning District. ANALYSIS The State of Minnesota enables a City to grant variances when they meet the review criteria below. 1. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The property is zoned RB, One -Family Residential; all uses being proposed are permitted in this zoning district. 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. a. What is the purpose of the regulation for which the variance is being requested? Side yard setback The specific purpose of a side yard setback for garages is to maintain an open, unoccupied and uniform space for aesthetic and environmental benefits, as well as to prevent development too close to the adjacent property. b. If granted, would the proposed variance be out of harmony with the Zoning Code? Side yard setback The existing garage is already within the required setbacks, but has been grandfathered. However, when expanding an existing legal nonconformity, it necessitates a variance. The proposed addition will not be within close proximity to the abutting property's primary dwelling. However, City staff would be more comfortable supporting living space above the entire garage only if a private easement agreement between this property and the abutting property were worked out prior to construction. Staff feels that without an easement, this structure could fall into future disrepair, if the neighboring property denies access to maintain the north property line. That said, the adjacent property owner has indicated they are not favorable to granting an easement. And without that easement, staff does not support the variance as requested. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? No, it would not be out of harmony with the Comprehensive Plan. 3. A variance may be granted when the applicant establishes that there are "practical difficulties" in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the CPC Case 2020-59 Page 3 of 5 essential character of the locality. Economic considerations alone do not constitute a "practical difficulty". a. Is the property proposed to be used in a reasonable manner? In the RB Zoning District, a property with single family residence, which included an attached two stall garage with living space above it, would be using their property in a reasonable manner. This factor often necessitates reviewing of alternatives and whether or not they are reasonable. The existing 31' wide garage is slightly under the size of a typical standard two - car garage in Stillwater. This is noteworthy, because another option for the Hauers would be to tear down the existing garage and build a new garage with space above it, which would be pushed back a few more feet from the property line. However, it would be unreasonable to require reconstruction of an already small garage to one of a smaller size. Another option, which is what is requested of the adjacent property owner, it to step the second story addition back to the required 5 feet, allowing for maintenance of the second story addition from the garage roof. Staff supports this option. b. Is the plight of the landowner due to circumstances unique to the property? The plight of the landowner is due to circumstances unique to the location and configuration of the house in relation to the property lines. The house was built in the center of a narrow lot and any expansion to the house on either side prompts a variance. And, as elaborated on below, this house's current floor plan makes it difficult to add on to the rear of the house. c. Are the circumstances created by the landowner? These circumstances were not created by the landowner. The house was built in 1954 and does not conform to current City Code. In order to add any more living space onto this house, the owner was forced to choose between adding onto either two sides of the house (both sides would require a variance) or the rear of the house. But with the interior layout of the house, adding to the rear is only an option if the interior underwent a major reconfiguration. Having to undergo such a large interior reconfiguration would be considered a practical difficulty, and the only reasonable options here are to add space above the garage, or not to construct additional living space at all. d. If granted, would the variances alter the essential character of the locality? This property is rather distinctive to the neighborhood as is. The neighborhood is comprised largely of historic houses, many of which are mansions. Whereas, this property has a house that is more recently built and relatively smaller than most of the surrounding houses. Moreover, the garage, which is single story flat -roofed garage attached to the house with a breezeway, is unique to find this neighborhood. This expansion would have no negative effects to the neighborhood as a whole. In fact, staff feels that this proposal would be an enhancement the existing structure's overall design. e. Have practical difficulties been established independent of economic considerations? CPC Case 2020-59 Page 4 of 5 The applicant's desire for the variance does not reflect economic considerations. The applicant is simply looking to expand their existing house's living area, in a way which is the least obtrusive to the house's existing floor plan. 4. This variance is not in conflict with any engineering, fire or building requirements or codes. Since this building is already within three feet of the eastern property line, both the existing garage and the addition will have to be fire rated, and the existing windows on this side of the garage will have to be eliminated, if improvements are made. POSSIBLE ACTIONS The City Council has the following options: A. Approve the requested variances with the following conditions: 1. Plans shall be substantially similar to those found on file with CPC Case No. 2020- 57, except as modified by the conditions herein. 2. The siding and level of detail and trim will be the same style and color as the existing structure. 3. The property owner must meet all local stormwater requirements, including keeping stormwater on the subject property. Runoff from the addition shall not be directed towards the neighboring property to the east. Proof of this shall be submitted at the time of building permitting. 4. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. There will be sections of the expansion that will need to be fire -rated and there can be no windows on any walls within three feet and facing a property line. 5. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. B. Deny the requested variances. With a denial, findings of fact supporting the decision must be provided. With a denial, the basis of the action is required to be given. Furthermore, a denial without prejudice would prohibit the applicant from resubmittal of a substantially similar application within one year. C. Table the request for additional information. FINDINGS AND RECOMMENDATION Staff finds the proposed addition to meet the standards set forth for the issuance of a variance, as long as a maintenance agreement is granted by neighbor. Practical difficulties had been established, such as the inability to carry out other options without a complete reconfiguration of the house's floor plan or removal of the existing garage. Furthermore, staff puts forth that this variance would not negatively impact the character of the neighborhood. CPC Case 2020-59 Page 5 of 5 However, the neighbors do not approve of the second story addition flush with the existing garage wall and has declined to grant the maintenance agreement. Therefore, staff recommends denial of the variances as requested. If the Hauers were to modify their plans to have the second story addition setback five feet from the property line, staff would support the project. This option eliminates the need for a setback on the garage side of the house, but would still require a variance to the combined side yard setback total. A minimum of 15 total feet is required, and even with a 5 foot side yard setback for the addition, the house would only have total of 7.7 feet of combined setback. Attachments: Site Location Map Survey of Existing Conditions Site Plan Floor Plans (two pages) Elevations (two pages) Letter of Concern (two pages) Appeal Letter (six pages) cc: Matt and Jenn Hauer 0 The Birthplace of Minnesota N Site Location Map 313 Pine Street West CI 313 Pine Street West • 80 160 320 Feet Notes: Notes: CERTIFICATE OF SURVEY Bearing system is assumed datum Underground or overhead, public or private utilities,' on or adjacen the parcels, were not located in conjunction with this survey, unles shown or noted otherwise. Survey Made For: BARRETT M. STACK STILLWATER, MINN. 55082 s MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 Matthew Hauer 313 West Pine Street Stillwater, MN 55082 PARCEL DESCRIPTION SUPPLIED: The Easterly 15 feet of Lots 17, 18 and 19 the 47 of Churchill, Nelson and Slaughter's Addition Survey Note: See Sheet 10 of the City of Stillwater Sectional utilized in the conduct of this survey. M FF0.1"2e,'z Afn: F /,.•f conk . A1'44e d. 0 ' E. aFc4e/o A ADP `L . ,f�/oni PiAv5 --//72°Z5f 18 `E // �00 (22NC . so, as �S,oa •\ Co,vv, ,;may. E .w a', -c. A//?Lk o Indicates #13774 iron pipe. Is Indicates iron found as noted. "M." Indicates Measured Value. "R." Indicates Recorded Value. Offsets shown to existing structures are meas. to the outside building wall line, unless noted otherwise. West 50 feet of Lots 1, 2 and 3, all in Block to Stillwater, Washington County, Minnesota. mapping Dated Feb. 1914, for re -survey data S.: yEG y woe. N Z JOT /7 -'r 1 ,r\N \ 2 3 B/-r, P39vi 1 e; L,NE7 T I—A5F7'''` .t 324 \\ S�o2 y //se: /t/a . 3/3 3. z'-_>. 26. 0 fit . ,/nre \ 2/.7 QVT,j/G4F- l310,•Giy.zt� \ 2 3Z.4(TYP)\ wood STEMS �FJ2�lG�• \\\ 26.0 La T HA &ER kp„. 1O,/$ 1 Sig [Y Co. . << P- lS,OD' A4 7- 96 78 Sq, FT 1` fV I , Pz D,,�'Ji { j'i rN/ II)N/ i,`f/ r , •r r Z /1 iv •J/ OF C.jii2 ael Al hJG�1` "o • r La7 r , �'ri S7273503 Gc/ 1 v 3 • I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of \ slyly �oE' the State of Minnesota. �j Sa.oD Faro )/"#. /. P. w F%/l0 o- /5 'L y Date Reg.No 15774 SITE PLAN PROPERTY AREA: 9750 SQ.FT. TOTAL AREA OF EXISTING STRUCTURE: 1 808 SQ.FT. TOTAL AREA OF PROPOSED STRUCTURE: 2338 SQ.FT. 1 7'-0" 27) CO + 0 N GAS FIREPLACE SUNROOM ADDITION DECK ADDITION 0 EXIST. KITCHEN EXIST. LIVING EXI. EXIST. BATH MUDROOM EXIST. CLOSET L • WI EXIST. FOYER K 1 WEST PROPERTY LINE (APPROXIMATE) DN DN EXIST. ROOF TO BE REMOVED. L EXIST. GARAGE -EHROOF OVERHANG ABOVE. EXIST. STOOP TO BE REMOVED. NEW CONC. STOOP AND STEPS. NEW WALKWAY. EXIST. ROOF TO BE REMOVED. NORTH = 7 = 7 k PROPOSED ROOF. OVERHANG. NEW DRIVEWAY EXIST. ROOF TO BE REMOVED. EXIST. ROOF OVERHANG TO BE REMOVED. + EAST PROPERTY LINE (APPROXIMATE) / PINE STREET WEST SCALE:1/8" = 1'-0" Sheet No. 1 File: HAUER.pin • Printed: 10/22/20 17'-0" HIGH WINDOWS GAS FIREPLACE SUNROOM ADDITION DECK ADDITION EXIST. KITCHEN / \ U EXIST. BATH SINK 0 EXIST. CLOSET EXIST. MUDROOM EXIST. LIVING EXIST. FOYER HOOKS & BENCH n n n n EXIST. ROOF TO BE REMOVED. MAIN LEVEL PLAN DN V) w > J W 2 V) w 0 F- z z0 = rY u-0 w� z SHELVES EXIST. GARAGE TOOL PEGS & BIKE HOOKS 2 n n Ji 1 REPLACE EXISTING OVERHEAD DOOR EXIST. STOOP TO BE REMOVED. NEW CONC. STOOP & STEPS EXIST. ROOF TO BE REMOVED. EXIST. WALKWAY TO BE REMOVED WITH NEW INSULATED DOOR < PROPOSED ROOF OVERHANG. EXIST. DRIVEWAY TO BE REMOVED AND REPLACED. HIGH WINDOWS EXIST. ROOF OVERHANG TO BE REMOVED. EAST PROPERTY LINE (APPROXIMATE) Sheet No. 2 SCALE:1/4" = 1'-0" File: HAUER.pin • Printed: 10/22/20 SUNROOM ROOF BELOW. DECK ADDITION BELOW. EXIST. BEDROOM 1 EX ST. BATH /-1 J SOAP SHELF M. BATH 2'_6' EXIST. ROOF BELOW TO BE REMOVED. 0OU- -'..= '-w EAST PROPERTY LINE (APPROXIMATE) 1 UPPER LEVEL PLAN EXIST. BEDROOM 2 CLOSET 4 V) J N SHELVES DESK STUDY TALL STORAGE M. BEDROOM ADDITION P QUEEN BED HIGH WINDOWS STANDING DESK OFFICE ADDITION SHELVES M. CLOSET ADDITION TALL DRESSER 26'-0" VERIFY DESK F ROOF OVERHANG BELOW. EXIST. ROOF BELOW TO BE REMOVED. Sheet No. 3 SCALE:1/4" = 1'-0" File: HAUER.pin • Printed: 10/22/20 ADDITION (SHADED) ASPHALT SHINGLES. HORIZ. LAP SIDING. v VERT. V-GROOVE SIDING. NEW OVERHANG. t REMOVE EXIST. GAR. ROOF STRUCTURE. UPPER LEVEL FLOOR ELEV. REMOVE EXIST. ROOF OVERHANG. V a a 4 f ti — �---- MAIN LEVEL FLOOR ELEV. GARAGE SLAB ELEV. NI- , 313 I I 1 NORTH ELEVATION SCALE: 1/4" = 1'-0" < 3 -J 4 v v Y a < 1 r J SOUTH ELEVATION J L — J ADDITION (SHADED) ASPHALT SHINGLES. VERT. V-GROOVE SIDING. HORIZ. LAP SIDING. REMOVE EXIST. GAR. ROOF STRUCTURE. UPPER LEVEL FLOOR ELEV. REMOVE EXIST. ROOF OVERHANG. MAIN LEVEL FLOOR ELEV. SUNROOM FLOOR ELEV. GARAGE SLAB ELEV. Sheet No. 4 SCALE: 1/4" = 1'-0" File: HAUER.pin • Printed: 10/21/20 HORIZ. LAP SIDING. I- L WEST ELEVATION 1 1 1 1 1 1 VERT. V-GROOVE SIDING. ADDITION (SHADED) ASPHALT SHINGLES. UPPER LEVEL FLOOR ELEV. MAIN LEVEL FLOOR ELEV. SUNROOM FLOOR ELEV. i SCALE:1/4" = 1'-0" HORIZ. LAP SIDING. VERT. V-GROOVE SIDING. ADDITION (SHADED) ASPHALT SHINGLES. UPPER LEVEL FLOOR ELEV. MAIN LEVEL FLOOR ELEV. SUNROOM FLOOR ELEV. L le J REMOVE EXIST. GAR. ROOF STRUCTURE. REMOVE EXIST. PORCH ROOF. EAST ELEVATION 1 Sheet No. 5 SCALE:1/4" = 1'-0" File: HAUER.pin • Printed: 10/21/20 Chad and Krista Thomas 504 5th St. S Stillwater, MN 55082 November 16, 2020 Stillwater Planning Commission Attn: Abbi Wittman 216 North Fourth St. Stillwater, MN 55082 Dear Abbi, I hope this letter finds you well. My name is Chad Thomas, and my wife Krista and I reside at 504 5th St. S in Stillwater. I am writing you in regards to the Planning Commission case # 2020-57 for Matt and Jen Hauer. This case is a request to the side yard setback to allow for the vertical expansion of their existing nonconforming garage. Our property is adjacent the Hauer's property, where their current garage is located. We do have two concerns with this expansion as well as a proposed solution outlined below. 1. Non -confirming to City Code Section 31-308- Garage setback requested (code is 5 feet for primary dwelling, with a total of 15 feet) and this abuts to our backyard 2. Side yard setback a. Environmental- Drainage and Landscaping b. Maintenance concerns — Not in support of Private Easement 3. Solution Proposed When we purchased our house, we were aware that the Hauer's garage was built on the property line, with the garage roof overhanging our property line. We were not concerned with their grandfathered garage in its current state as this is considered unoccupied space. We are friendly with our neighbors and they shared they were planning to expand above their garage. At the time, they led us to believe that the living space above the garage would be 10 feet away from the property line. This is why we were surprised to receive the case information and blueprints that showed they are intending to add occupied living space onto the entire garage, which is only 1 foot away from the property line. This is a significant change from our understanding of the project and raises several concerns for us as property owners. 1. Our main concern is that their garage is already overhanging our property, and an addition to this garage with added living space outside of setback codes would further encroach on our property. We are currently experiencing water drainage issues from the neighbor's yard where water from their garage and backyard run into our yard. This is eroding our grass; causing flooding in our yard, resulting in dampness in our basement. We were only recently, vaguely informed about the backyard additions. Our concerns are not with the backyard additions but do play a factor in the water runoff consideration. We are concerned that with their garage addition as well as deck and sunroom additions, there will be a further impact to the runoff since they have no side yard left over and less of a backyard left to absorb and direct the rainwater. They also need to cut back our large ash tree more significantly than we originally thought to accommodate this larger expansion. We already cut down another ash tree in our yard in support of their project; but do have concern in loss of our large tree as well as other trees and landscaping which borders their property where construction will need to occur. 2. Building within the proper side setback code would better allow the Hauer's to get machinery or equipment to their back yard and side yard for any maintenance needs or construction that may be required. I do see in the findings that the staff strongly recommends the property owners work with the neighboring property to get a private easement for maintenance access. As an experienced realtor, I know that an easement is something that would need to be disclosed to any potential buyers and could have a negative impact on the price and salability of our house. It would also prevent us in utilizing our backyard as desired (i.e. landscaping, fence, patio, etc...) Therefore, we would not be interested in granting an easement on our property. We enjoy our neighbors very much and would be fine with the additions if the two concerns are addressed. Proposed solutions a. Include well-defined plans for water drainage solutions and remedies for rectifying drainage issues should they worsen during or after project completion. b. Revert back to the original plan that Hauer's shared with us; which is to limit the size of the garage addition so that it would not require a private easement and would be more in line with setback codes (City Code Section 31-308). We ask that the planning commission support the Hauer's plans if practical solutions that address our concerns are included. Thank you and we look forward to hearing from you. Regards, Chad Thomas Chad and Krista Thomas 504 5th St. S Stillwater, MN 55082 November 23, 2020 Stillwater City Hall Attn: Bill Turnblad, Community Development Director 216 North Fourth St. Stillwater, MN 55082 RE: Appeal of Variance approval for case Planning Commission case # 2020-57 Dear Mr. Turnblad: We are writing to appeal the approval of a variance for Matt and Jen Hauer's property at 313 Pine St. West. We live at 504 5th ST S (Austin Jenks Stillwater Landmark Property). The Hauers currently have a non -conforming, attached 1 story garage that is 1 foot away from their side property line. Their garage currently overhangs into our backyard property (see included photos). The approved variance makes a nonconforming structure more nonconforming; further encroaching on our property and raising maintenance concerns. Their construction project provides an ideal opportunity to bring the structure closer to conforming. When the Hauers told us about their project, it was our understanding the dwelling addition was going to be within setback codes (9.4 ft. back from property line; other side of property is at 6.6 ft). Setback code Section 31-308 exists for good reason and we were surprised to see their final plans expand all the way to 1 ft. away from the property line. Due to Zoom meeting constraints and other dynamics, our concerns were not fully discussed/vetted at the Planning Commission board meeting on 11/19/2020. Maintenance issues were brought up by multiple members of the Planning Commission and Planning Department. The main concern was the ability to maintain their property without a private easement from us; which they do not have. Additional information was shared at the meeting that warrants reconsideration of the variance approval. We ask that the City Council reconsider the current variance approval for the following reasons. 1. The Hauers shared they will need to either rebuild the garage or do underpinnings since the footings are not sufficient to support their expansion design. a. Underpinnings require excavation which will disturb the ground; raising concerns to the impact of our property. Construction on the foundation will be difficult to complete with only a 1 ft. setback. 2. Further encroachment on our property line (see photos) will have impact in privacy, sunlight and could exacerbate existing lawn/drainage issues and may create issues with our cedar shakes. 3. Due to the proposed 30% increase in the size of their home, we are considering installing a privacy fence. Given that they only have 1 ft. of ground, proper maintenance will not be feasible without the proper setbacks. 4. The Hauers shared they do have other expansion options but don't care for them as much, raising questions of plight. At the planning meeting, they expressed they could conform with the setbacks and build the addition 9ft back, but it would require working with a structural engineer. This is common practice in remodeling projects. Although it may be more expensive, economic considerations alone do not constitute practical difficulties. a. The City planners had suggested changes to their plans, including tapering back their roofline. Also, a transverse gable would continue to align with the style of the house while lessening the non -conforming mass near the property line. b. They do have plenty of space at the rear of their home as indicated in their sunroom/deck expansion plans. c. In reviewing the site plans, it looks like they could remove the breezeway between the garage and home, thereby allowing them to shift their garage and expansion 3.6 feet further away from the property line. While this still does not conform to code, it is a step in the right direction and provides enough space to address the maintenance concerns. We ask for the City Council's support in overturning the variance approval so the Hauers can further explore these other options. Having other options negates practical difficulty. Alternatives should be considered that may eliminate the need for a variance, allow for necessary maintenance, and lessen the impact on neighboring properties. At the very least, a variance with conditions added would allow for the Hauers to come up with a plan that is mutually beneficial, maintainable, sustainable, and better conforms to current City Codes. Thank you for your consideration. Regards, Chad & Krista Thomas 612-910-2174 • • t, • • fire., 6er)1,6§4 A ; .01 Virq Pl. Aariti 4 •0" A • - r ijlwater THE B I R T H P L A C E CF MINNESOTA DATE: December 11, 2020 CASE NO.: 2020-40 TO: Mayor & Council Members APPLICANT: Mark Lambert, Central Commons, LLC LAND OWNER: Central Commons, LLC REQUEST: Discuss Tax Abatement for Central Commons Addition AUTHOR: Bill Turnblad, Community Development Director REVIEWED BY: Kori Land, City Attorney Tom McCarty, City Administrator Mikaela Huot, Director, BakerTilly BACKGROUND Central Commons, LLC is the owner of the 35.3-acre property at the southeast quadrant of Manning Avenue and State Highway 36. They plan to develop the property as a mixed use Planned Unit Development (PUD) project over several phases. The first phase will be synchronized with the construction of the new grade separated interchange at Highway 36 and Manning Avenue. The City Council approved the final plat and final PUD for Phase 1 on November 17, 2020. Still remaining to be approved are: 1) a Development Agreement, 2) a Tax Abatement Agreement, and 3) an Assessment Agreement. This short memo comments on the tax abatement aspect of the project. COMMENTS In order to develop Central Commons Addition a number of public infrastructure improvements are necessary. This includes the grade separated interchange at Manning Avenue and State Highway 36; the frontage road connecting St Croix Trail with Manning Avenue; an oversized stormwater treatment pond; and the extension of trunk sewer and water from their current terminus at Curve Crest Boulevard to the perimeter of Central Commons Addition. And each of these incur costs that are not customarily borne by the developer. To help address these extra costs, the City Council said in a pre -annexation agreement with the developer that the City would consider tax abatement and development fee waivers. Central Commons Tax Abatement December 11, 2020 Page 2 So, the general financing scenario envisioned for the public improvements is that tax abatement and development fee waivers would off -set non -customary costs to Central Commons Addition. But prior to drafting a tax abatement agreement, staff requests the Council to give guidance on three topics: which public improvement costs would be eligible for abatement, total amount of abatement, and the length of time the abatement will be granted. Details of each of these topics are discussed in the attached memo from Mikaela Huot, Director at BakerTilly. And more details of the actual request from the developer can be seen in his attached letter. 1. Eligible public improvement costs a. Which public improvements would the Council like to see eligible for abatement/fee waivers? Preliminarily, both staff and developer believe these could be eligible: 1) Manning /36 Interchange Project (including condemnation reimbursement) 423,727 2) Manning /CSAH 15 South Segment (East/West 58th Street) 1,200,000 3) Trunk Utility Extension 1,325,588 4) Public Water and Sewer to serve Hy-Vee and Stillwater Flats apartments 360,000 5) Regional Storm Water System (Infrastructure) 1,188,780 6) Developer Paid Engineering and Design fees for Public Site Improvements 400,000 2. Total abatement and waiver amount Which development fees could be waived? Staff waiver recommendation AUAR Fees $125,405 Park Fee — Residential 200 (or more) units $150,000 Trail Fee — Residential $50,000 Park Fee — Commercial 7.5% of land value $47,108.50 Water Access Charge a Total $372,513.50 Total 4,898,095 Total fee $250,810.00 $300,000.00 $100,000.00 $94,217.00 $200,000.00 $945,027.00 How much abatement would the Council be willing to approve? If the waivers are deducted from the eligible public costs, the total abatement might be $4,567,017.50. Both the City and County would need to be involved to generate this amount of abatement. Details are available in the Huot memo, but as an example, if the County and City both commit 100% of tax for Phase 1 development, it would take 15 or more years to reach the $4.5 million mark. And the City's portion would be roughly 2/3rds of that, or just over $3 million. Central Commons Tax Abatement December 11, 2020 Page 3 3. Term of abatement Finally, how long would the Council be willing to abate the real estate taxes? The example above would not abate any taxes from Phase 2 properties (two retail lots, and two buildable outlots). So these taxes would pay for general City services. ACTION REQUESTED Staff requests the City Council to discuss the main issues and give staff direction for drafting a tax abatement agreement. We would bring that to the Council for formal action at a future Council meeting. Attachments: Huot memo Lambert letter cc: Mark Lambert, Central Commons LLC bakertilly MUNICIPAL ADVISORS Memo -Draft for Review To: Bill Turnblad, City of Stillwater From: Mikaela Huot, Director Date: December 10, 2020 Subject: Preliminary Financial Analysis and Revenue Projections for Proposed Central Commons Mixed Use Development Background The City of Stillwater is working with a developer on the development of an approximate 35-acre mixed use development on property currently within Stillwater Township. Following potential annexation into the City, there are significant private and public improvements that are required to allow the property to be developable. The developer has requested financing assistance through special assessments backed by tax abatements to offset a portion of the public improvement costs. Subject to need, financial feasibility and financing eligibility, tax abatement is a financing tool the City could consider for financing of a portion of the eligible costs associated with construction of the project. The purpose of this memo is to provide a summary of the projected tax abatement revenues and outline of assumptions used to prepare the preliminary estimates. Prior to consideration for granting of tax abatement and correlating business subsidy, subject to qualifications, we anticipate additional discussion and consideration regarding several of the outstanding assumptions related to this project that include: • Financing structure and share of costs o Public versus private • Participation levels from each taxing entity including o Number of years o Annual and total amount o Policy considerations • Properties to be included following development o Phase 1 potential of grocery, c-store and apartments o Additional phases subject to market regarding construction timing • Timing of development and financing assumptions o Development absorption rate o Financing needs and repayment terms Tax Abatement Analysis The follow assumptions were used to estimate the amount of projected revenues. • Total project area (4 parcels) o Parcel ID: 06.029.20.22.0001 o Parcel ID: 06.029.20.22.0002 o Parcel ID: 06.029.20.23.0001 o Parcel ID: 06.029.20.22.0003 The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly US, LLP, an accounting firm. Baker Tilly US, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. • Total estimated base value (existing) of $2,077,100 • Estimated total market value upon completion o Phase 1 o $30,807,960 • Apartments, Grocery and C-Store • Maximum term of abatement o Up to 15 years — all 3 taxing entities (2025-2039) o Up to 20 years — 1 or 2 taxing entities plus written denial of participation (2025-2044) o Participation of all taxing entities and approvals of abatement amounts subject to policy and individual approvals o Amount of abatement based on public purpose and need • Abatement based on new constructed building value • Construction commences in 2023 and completes in 2024 o 100% assessed in January of 2025 for taxes payable in 2026 • Present value assumptions o Discount (interest) rate of 4% o Dated date of 2/1/25 • Tax rates, class rates and future market values remain constant o Tax rates (7603) • City: 53.47% • County: 26.30% • School: 15.32% • Other: 8.59% • Total: 103.68% o Class rates • Residential rental rate of 1.25% (apartments) • Commercial -industrial rate of 1.5% first $150,000 value and 2% value above $150,000 (grocery and c-store) o Annual market value inflator • 3 scenarios (0%, 1% and 2%) Tax Abatement Estimates Based on the assumptions outlined above, the projected tax abatement revenues that could be generated from the project are shown in the chart below. Tax Abatement Revenue Projections Scenario 1 Scenario 2 Scenario 3 Total Estimated Taxable Value $30,807,960 $30,807,960 $30,807,960 Annual Market Value Inflator 0% 1 % 2% City Share Total Estimated Annual Revenue Full Buildout $213,251 $214,422 $215,593 County Share Total Estimated Annual Revenue Full Buildout $104,867 $105,443 $106,019 School Share Total Estimated Annual Revenue Full Buildout $61,098 $61,433 $61,769 Total Gross Revenues (year 2) $379,216 $381,298 $383,380 Estimated City Share (15 Years) $3,081,660 $3,321,050 $3,581,368 Estimated County Share (15 Years) $1,515,425 $1,633,147 $1,761,160 Estimated School District Share (15 Years) $882,914 $951,501 $1,026,083 Total over 15 Years $5,479,999 $5,905,697 $6,368,611 The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly US, LLP, an accounting firm. Baker Tilly US, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. Estimated Present Value (4% Interest Rate) $4,068,889 $4,352,820 $4,660,263 Estimated City Share (20 Years) $4,147,913 4,596,395 $5,100,866 Estimated County Share (20 Years) $2,039,762 $2,260,306 $2,508,383 Estimated School District Share - no participation $0 $0 $0 Total over 20 Years $6,187,675 $6,856,701 $7,609,249 Estimated Present Value (4% Interest Rate) $4,210,043 $4,603,660 $5,042,925 Thank you for the opportunity to be of assistance to the City of Stillwater. Please contact me at 651-223-3036 or mikaela.huot@bakertilly.com with any questions or to discuss. The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly US, LLP, an accounting firm. Baker Tilly US, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. Definition of Tax Abatement Any political subdivision, including statutory cities, home rule charter cities, towns, counties, and school districts, is authorized to abate property taxes on selected parcels or defer the payments of the taxes and abate the interest and penalty that otherwise would apply, if: • The benefits gained equal or exceed the cost to the political subdivision or the abatement phases in a property tax increase, and • The abatement is in the public interest because it will: increases or preserves the tax base; provides employment opportunities; provides or helps acquire or construct public facilities; - helps redevelop or renew blighted areas; helps provide access to services; finances or provides for public infrastructure; - phase in a property tax increase on the parcel resulting from an increase of 50% or more in one year on the estimated market value of the parcel, other than an increase due to improvement of the parcel; or stabilize the tax base through equalization of property tax revenues for a specified time period with respect to a taxpayer whose real and personal property is subject to valuation under Minnesota Rules, chapter 8100. Cities, counties, and school districts as combined jurisdictions may grant an abatement for no longer than 15 years (8 year maximum if no initial duration is specified), or for no longer than 20 years if two or fewer jurisdictions participate. No back-to-back abatements. Eight years must pass before a new abatement can be applied. In any given year, the total amount of property taxes abated by a political subdivision for all parcels may not exceed the greater of (1) 10% of the net tax capacity of the political subdivision for the taxes payable year to which the abatement applies, or (2) $200,000. The State will not reimburse school districts for lost taxes resulting from abatement. Property in a tax increment financing district is not eligible for abatement. Business Subsidy • Business subsidy is defined as a contribution of more than $25,000 or a business loan and guarantee of $75,000 or more. • Subsidies can include grants, property, infrastructure, below market rate loans, deferrals of any taxes or fees, payment guarantees, leases or other obligations, or any preferential use of government facilities given to a business. • The subsidy must meet a public purpose, which includes but not limited to increasing the tax base. Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. • Common exemptions: Assistance generally available to similar businesses, public improvements that do not primarily benefit a single business, redevelopment of contaminated property, bringing a dilapidated building to code, housing, job readiness and training services, Soils TIF district, and additional exemptions (see statute 116J.993— 116J.995). The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. Baker Tilly Virchow Krause, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2018 Baker Tilly Virchow Krause, LLP Projected Tax Abatement Report - 20 Year Term City of Stillwater, Minnesota Proposed Tax Abatement Analysis Central Commons Development Project Draft Abatement Revenues: Grocery and Apartments Taxable Value of $30,807,960 with 0% Annual Inflator Less: Non- Retained Times: Annual Total Total Abated Captured Tax Period Market Net Tax Net Tax Net Tax Capacity Ending Value (I) Capacity (2) Capacity (3) Capacity Rate (4) (1) (2) (3) (4) (5) (6) 12/31/20 12/31/21 0 0 0 0 103.680% 12/31/22 2,077,100 0 38,426 0 103.680% 12/31/23 2,077,100 0 38,426 0 103.680% 12/31/24 2,077,100 0 38,426 0 103.680% 12/31/25 15,403,980 218,230 38,426 179,803 103.680% 12/31/26 30,807,960 437,209 38,426 398,783 103.680% 12/31/27 30,807,960 437,209 38,426 398,783 103.680% 12/31/28 30,807,960 437,209 38,426 398,783 103.680% 12/31/29 30,807,960 437,209 38,426 398,783 103.680% 12/31/30 30,807,960 437,209 38,426 398,783 103.680% 12/31/31 30,807,960 437,209 38,426 398,783 103.680% 12/31/32 30,807,960 437,209 38,426 398,783 103.680% 12/31/33 30,807,960 437,209 38,426 398,783 103.680% 12/31/34 30,807,960 437,209 38,426 398,783 103.680% 12/31/35 30,807,960 437,209 38,426 398,783 103.680% 12/31/36 30,807,960 437,209 38,426 398,783 103.680% 12/31/37 30,807,960 437,209 38,426 398,783 103.680% 12/31/38 30,807,960 437,209 38,426 398,783 103.680% 12/31/39 30,807,960 437,209 38,426 398,783 103.680% 12/31/40 30,807,960 437,209 38,426 398,783 103.680% 12/31/41 30,807,960 437,209 38,426 398,783 103.680% 12/31/42 30,807,960 437,209 38,426 398,783 103.680% 12/31/43 30,807,960 437,209 38,426 398,783 103.680% 12/31/44 30,807,960 437,209 38,426 398,783 103.680% Estimated Annual Property Taxes (7) 0 0 0 0 186,420 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 413,459 $8,042,141 Maximum Maximum Maximum Tax Tax Tax Abatement Abatement Abatement City ` County* School 53.48% 26.30% 15.32% 8 9 10 0 0 0 0 0 0 0 0 0 0 0 0 96,150 47,283 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 213,251 104,867 0 $4,147,913 $2,039,762 $0 Estimated Project Abatement (11) 0 0 0 0 143,433 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 318,118 $6,187,675 P.V. Annual Abate To 02/01/25 (I) Total estimated market value based on preliminary value estimate very preliminary and subject to further review. Includes 0% annual market value inflator (2) Total net tax capacity based on residential rental classification rate of 1.25% and commercial -industrial class rate of 1.5% first $150,000 value and 2% value above $150,000 (3) Original net tax capacity based on existing land value (4) Total local tax capacity rate for taxes payable 2020 subject to individual Board approvals. Maximum 20 year term requires denial of participation from other taxing entity (or 90 days passing from original request) 4.00% 0 0 0 0 139,731 297,988 286,527 275,507 264,911 254,722 244,925 235,505 226,447 217,737 209,363 201,310 193,568 186,123 178,964 172,081 165,462 159,098 152,979 147,095 $4,210,043 Projected Tax Abatement Report - 20 Year Term City of Stillwater, Minnesota Proposed Tax Abatement Analysis Central Commons Development Project Draft Abatement Revenues: Grocery and Apartments Taxable Value of $30,807,960 with 1 % Annual Inflator Less: Non- Retained Times: Annual Total Total Abated Captured Tax Period Market Net Tax Net Tax Net Tax Capacity Ending Value (I) Capacity (2) Capacity (3) Capacity Rate (4) (1) (2) (3) (4) (5) (6) 12/31/20 12/31/21 0 0 0 0 103.680% 12/31/22 2,077,100 0 38,426 0 103.680% 12/31/23 2,077,100 0 38,426 0 103.680% 12/31/24 2,077,100 0 38,426 0 103.680% 12/31/25 15,403,980 218,230 38,426 179,803 103.680% 12/31/26 30,962,000 439,399 38,426 400,973 103.680% 12/31/27 31,271,620 443,800 38,426 405,374 103.680% 12/31/28 31,584,336 448,246 38,426 409,820 103.680% 12/31/29 31,900,179 452,736 38,426 414,310 103.680% 12/31/30 32,219,181 457,271 38,426 418,844 103.680% 12/31/31 32,541,373 461,851 38,426 423,425 103.680% 12/31/32 32,866,787 466,477 38,426 428,051 103.680% 12/31/33 33,195,455 471,149 38,426 432,723 103.680% 12/31/34 33,527,409 475,868 38,426 437,442 103.680% 12/31/35 33,862,683 480,634 38,426 442,208 103.680% 12/31/36 34,201,310 485,448 38,426 447,022 103.680% 12/31/37 34,543,323 490,310 38,426 451,884 103.680% 12/31/38 34,888,756 495,221 38,426 456,795 103.680% 12/31/39 35,237,644 500,181 38,426 461,754 103.680% 12/31/40 35,590,020 505,190 38,426 466,764 103.680% 12/31/41 35,945,921 510,249 38,426 471,823 103.680% 12/31/42 36,305,380 515,359 38,426 476,933 103.680% 12/31/43 36,668,434 520,520 38,426 482,094 103.680% 12/31/44 37,035,118 525,733 38,426 487,307 103.680% Estimated Annual Property Taxes (7) 0 0 0 0 186,420 415,729 420,293 424,902 429,557 434,259 439,008 443,804 448,648 453,541 458,483 463,474 468,514 473,606 478,748 483,942 489,187 494,485 499,836 505.241 Maximum Maximum Maximum Tax Tax Tax Abatement Abatement Abatement City ` County * School 53.48% 26.30% 15.32% 8 9 10 0 0 0 0 0 0 0 0 0 0 0 0 96,150 47,283 0 214,422 105,443 0 216,775 106,601 0 219,153 107,770 0 221,554 108,950 0 223,979 110,143 0 226,428 111,347 0 228,902 112,564 0 231,400 113,793 0 233,924 115,033 0 236,472 116,287 0 239,047 117,553 0 241,647 118,831 0 244,273 120,123 0 246,925 121,427 0 249,604 122,744 0 252,309 124,075 0 255,042 125,418 0 257,802 126,776 0 260,589 128,146 0 Estimated Project Abatement 0 0 0 0 143,433 319,865 323,376 326,922 330,504 334,122 337,775 341,466 345,193 348,957 352,759 356,599 360,478 364,395 368,352 372,348 376,384 380,460 384,577 RRR716, $8,911,677 $4,596,395 $2,260,306 $0 $6,856,701 P.V. Annual Abate To 02/01/25 (I) Total estimated market value based on preliminary value estimate following review by County Assessor very preliminary and subject to further review. Includes 1% annual market value inflator (2) Total net tax capacity based on residential rental classification rate of 1.25% and commercial industrial classification rate of 1.5% first $150,000 value and 2% value above $150,000 (3) Original net tax capacity based on existing land value (4) Total local tax capacity rate for taxes payable 2020 subject to individual Board approvals. Maximum 20 year term requires denial of participation from other taxing entity (or 90 days passing from original request) 4.00% 0 0 0 0 139,731 299,625 291,263 283,132 275,225 267,536 260,059 252,789 245,719 238,845 232,161 225,662 219,343 213,198 207,224 201,416 195,768 190,277 184,939 179,748 $4,603,660 Projected Tax Abatement Report - 20 Year Term City of Stillwater, Minnesota Proposed Tax Abatement Analysis Central Commons Draft Abatement Revenues: Grocery and Apartments Taxable Value of $30,807,960 with 2% Annual Inflator Less: Non- Retained Times: Annual Total Total Abated Captured Tax Period Market Net Tax Net Tax Net Tax Capacity Ending Value (I) Capacity (2) Capacity (3) Capacity Rate (4) (1) (2) (3) (4) (5) (6) 12/31/20 12/31/21 0 0 0 0 103.680% 12/31/22 2,077,100 0 38,426 0 103.680% 12/31/23 2,077,100 0 38,426 0 103.680% 12/31/24 2,077,100 0 38,426 0 103.680% 12/31/25 15,403,980 218,230 38,426 179,803 103.680% 12/31/26 31,116,040 441,589 38,426 403,162 103.680% 12/31/27 31,738,360 450,436 38,426 412,009 103.680% 12/31/28 32,373,128 459,459 38,426 421,033 103.680% 12/31/29 33,020,590 468,663 38,426 430,237 103.680% 12/31/30 33,681,002 478,052 38,426 439,625 103.680% 12/31/31 34,354,622 487,628 38,426 449,201 103.680% 12/31/32 35,041,714 497,395 38,426 458,969 103.680% 12/31/33 35,742,549 507,358 38,426 468,932 103.680% 12/31/34 36,457,400 517,520 38,426 479,094 103.680% 12/31/35 37,186,548 527,886 38,426 489,459 103.680% 12/31/36 37,930,279 538,459 38,426 500,032 103.680% 12/31/37 38,688,884 549,243 38,426 510,816 103.680% 12/31/38 39,462,662 560,243 38,426 521,816 103.680% 12/31/39 40,251,915 571,462 38,426 533,036 103.680% 12/31/40 41,056,953 582,907 38,426 544,480 103.680% 12/31/41 41,878,093 594,580 38,426 556,153 103.680% 12/31/42 42,715,654 606,486 38,426 568,060 103.680% 12/31/43 43,569,967 618,631 38,426 580,205 103.680% 12/31/44 44,441,367 631,019 38,426 592,592 103.680% Estimated Annual Property Taxes (7) 0 0 0 0 186,420 418,000 427,172 436,528 446,071 455,805 465,733 475,860 486,190 496,726 507,473 518,435 529,616 541,020 552,653 564,519 576,621 588,966 601,558 614,401 $9,889,767 Maximum Maximum Maximum Tax Tax Tax Abatement Abatement Abatement City* County * School * 53.48% 26.30% 15.32% 8 9 10 0 0 0 0 0 0 0 0 0 0 0 0 96,150 47,283 0 215,593 106,019 0 220,324 108,345 0 225,149 110,718 0 230,071 113,139 0 235,091 115,608 0 240,212 118,126 0 245,435 120,694 0 250,763 123,314 0 256,197 125,987 0 261,740 128,712 0 267,394 131,493 0 273,161 134,329 0 279,043 137,221 0 285,043 140,172 0 291,163 143,181 0 297,405 146,251 0 303,772 149,382 0 310,267 152,576 0 316,891 155,833 0 $5,100,866 $2,508,383 $0 Estimated Project Abatement (11) 0 0 0 0 143,433 321,612 328,669 335,867 343,210 350,699 358,338 366,130 374,077 382,184 390,453 398,887 407,490 416,264 425,215 434,344 443,656 453,154 462,842 472,724 $7,609,249 P.V. Annual Abate To 02/01/25 (I) Total estimated market value based on preliminary value estimate following review by County Assessor very preliminary and subject to further review. Includes 2% annual market value inflator (2) Total net tax capacity based on residential rental classification rate of 1.25% and commercial industrial classification rate of 1.5% first $150,000 value and 2% value above $150,000 (3) Original net tax capacity based on existing land value (4) Total local tax capacity rate for taxes payable 2020 * subject to individual Board approvals. Maximum 20 year term requires denial of participation from other taxing entity (or 90 days passing from original request) 4.00% 0 0 0 0 139,731 301,261 296,031 290,879 285,806 280,810 275,891 271,048 266,280 261,587 256,968 252,422 247,948 243,546 239,214 234,952 230,758 226,633 222,576 218,584 $5,042,925 Stillwater Central Commons Development Analysis Est. Total Cost per SF Cost per SF Cost Total Dev Acquisition CO Pre Development /'I Site Development (1) Addl Improvements (+) 3,600,000 800,000 2,575,594 5,175,295 2.34 0.52 1.68 3.37 3.49 0.78 2.50 5.02 Total Costs * 12,150,889 7.90 11.79 Total Acres Developable Acres 35.30 23.65 Cost Per SF 11.79 111 total project cost estimates to be confirmed and used for preliminary analysis purposes Estimated Public Improvements (2) Request Potential Manning/36 Interchange 700,927 423,727 Manning/CSAH 15 South 1,200,000 1,200,000 Trunk Utility Extension 1,325,588 1,325,588 Public Water and Sewer for Hyvee and Apartments 360,000 360,000 Regional Storm Water System 1,188,780 1,188,780 Developer Paid Engineering and Design Fees for Public Improvements 400,000 400,000 5,175,295 4,898,095 (2) costs do not include requested fee waiver, thus, may not represent total eligible abatement amount Potential Buildout Assumptions from Site Plan Cost per Dev SF 5.02 4.75 Use Acreage Dev Potential Land Sales at $5/SF Potential Land Sales at $6/SF Potential Land Sales at $9/SF Outlot A Retail 3.18 20,000 SF 692,604 831,125 1,246,687 Outlot B Hotel 3.1 190 unit 675,180 810,216 1,215,324 Outlot C Pond 6.14 - - - Lot 4 Res 5.28 260 unit 1,149,984 1,379,981 2,069,971 Lot 3 Grocery 8.81 95,718 1,918,818 2,302,582 3,453,872 Lot 1 Retail 0.6 5,000 SF 130,680 156,816 235,224 Lot 2 Retail 0.8 50,000 SF 174,240 209,088 313,632 Lot 1 C-Store 1.88 4100 SF 409,464 491,357 737,035 County Road 5.33 - - - Total Land Sales 35.12 5,150,970 6,181,164 9,271,746 Total Costs 12,150,889 12,150,889 12,150,889 Estimated Gap (6,999,919) (5,969,725) (2,879,143) Non Developable Total Revenue (Land Sales and Assistance) Potential Remaining (Gap)/Surplus Total Revenue (Land Sales and Assistance) Request Remaining (Gap)/Surplus 10, 049, 065 11, 079, 259 14,169, 841 (2,101,824) (1,071,630) 2,018,952 10, 326, 265 11, 356, 459 14, 447, 041 (1,824,624) (794,430) 2,296,152 6770 Stillwater Blvd N, Suite 110 Stillwater, MN 55082 CENTRAL COMMONS 651-705-3302 December 11, 2020 Mayor Ted Kozlowski and Members of the City Council City of the Stillwater 216 4th Street North Stillwater, MN 55082 Re: Central Commons Cost Sharing Dear Mayor and Members of the City Council: Thank you for your ongoing commitment to working through the approvals needed for Central Commons to become a reality on the Southeast Corner of Manning and Highway 36. I think we all understand how important and yet complex this development is. A little history. Our Pre -Annexation Agreement which began our work here provided as follows: TAX ABATEMENT. The City has reviewed the economic and fiscal benefits of the PUD, including the proposed real estate tax estimates as prepared on 7/25/19 by the Owner's consultant, attached hereto and incorporated herein as Exhibit G, along with the necessary approvals and related costs associated to develop the PUD, and finds it necessary to provide the Owner with financial incentives such as tax abatement and development fee reductions (e.g. AUAR Fees, Park Dedication Fees) in order to make extension of public infrastructure financially feasible. The City will use its best efforts to utilize the appropriate financing tools to assist with the implementation of the PUD. With this understanding and agreement in hand, both myself and my hopefully one day partner, Hy-Vee, have spent the last 16 months advancing the annexation, designs, plans, approvals for our Central Commons development, which in all likelihood will exceed approximately $100 Million in value when completed some 5 to 10 years from now. Our Cost Sharing Request In July of this past year, I forwarded our Cost Sharing Request to the City (a copy of which I have attached). Our request laid out the beginnings of a straightforward formula for economic development: Public (not private) improvement costs to create the Central Commons development are offset by development fee waivers and tax abatement exclusively from that new development. Or a more simplified version is: Tax Assessments = Fee Waivers plus Tax Abatement. We are not requesting any economic assistance for any private improvements - only public improvements and the Highway 36 interchange county/city cost share amounts. To date we understand that in order for the development to proceed, the following public utilities and public cost shares are required to be funded: Public water and sewer to be extended to the property line from Bradshaw CL Facility at a cost of approximately $1,325,588; A City cost share of approximately $423,727 for the Manning/36 Interchange; A possible City cost share of approximately $1,200,000 for the proposed East/West 58th Street (new Manning) connection to Memorial Drive in Oak Park Heights; Public water and sewer to serve Hy-Vee and Stillwater Flats apartments in the amount of $360,000; The Regional Storm Water System approved by BCWD for $1,188, 780; Reimbursement for Developer paid engineering and design fees for the above Public improvements of approximately $400,000. Collectively these "public improvements" total $4,898,095. Our cost share request (and draft development agreement and assessment agreement) acknowledges that we will accept and be assessed the full assessment amount for these public utilities. To pay for these public utilities and improvements (as assessments) we have requested that our development fees be waived and that a balancing amount of tax abatement be approved in an approximate equivalent amount of $4,898,095. We initially requested fee waivers (paid by the new projects as building permits are pulled) in the amount of $945,027. After discussions with the staff, we have agreed to a reduced fee waiver of $327,513.50 — meaning that the City will get approximately $572,51.50 in development fees (not including additional hundreds of thousands of dollars for building permit fees). In order to balance the equation, we have requested tax abatement from both the City of Stillwater and Washington County in the agreed amount of $4,567,017.50 for up to a 20 year term. Because additional phases with more buildings will come on in future years (but are yet unknown), the term will likely be many years less than 20 as the tax abatement is proposed to "blink off' or "shut off' once the public improvement costs have been fully reimbursed by the fees waivers and tax abatement collected to that time. After that, the City of Stillwater, Washington County, and IDS #834 will receive 100% of all future property tax revenues (that would not have existed but for this economic development assistance). True Economic Development I want to underscore that this cost sharing proposal represents the purest form of true economic development. As a collective and with this approval, we have taken 35 acres of vacant land in the adjacent township, annexed it to the City of Stillwater, demonstrated that the proposed Hy-Vee /Central Commons development will create approximately 120 full time and 300 full time equivalent jobs just for Hy-Vee alone (which helped secure $13 Million in TED Economic grant and state economic funding for the new interchange) together with what will be hundreds of construction jobs on site over the course of the build -out. We will likely add a total of approximately $100 million in new construction with Hy-Vee's new store and convenience store, some 200 to 350 of new, high quality apartment homes to alleviate the Washington County housing shortage, as well as some future retail development as yet unknown. In order to make this happen, we are proposing to use the development fees and tax abatement generated exclusively from this development to install the public improvements needed for Hy-Vee to commit to the site and move forward with its proposed purchase. Without this help, the land cost becomes unaffordable, Hy-Vee does not proceed, the apartment development stalls, and Central Commons as proposed — fails. These are needed cost shares. "But for" this help, there will be no Hy-Vee and no development as proposed. We Have City Staff Support We have worked for the past four months to secure staffs recommendation for approval — which we are told we have. We have negotiated and agreed on the public improvements, the fee waivers, and are in agreement on the amount of the tax abatement but still need to finalize the needed term (20 versus 15 years). Frankly — were it not for COVID, I think we could get the public improvements repaid in 15 years — but I don't know how long it will take for the real estate and lending markets to return to normal. Hence our request for 20 years of abatement as a "safety" factor — although I expect it will be many years less than 20. We Are Almost There Obviously, there is a tremendous amount to digest here. I would welcome any questions that might help clarify our request. We have come so far and completed so much to date. We still have many issues to resolve yet, including the County funding for the proposed East/West 58th (Manning) connection, but every month we get closer to getting this development across the finish line. I urge you to support this proposal so we can look back with pride on the economic development, new jobs, new housing, and increased long term city revenue (and expanded tax base) that we fostered by this partnership of cost sharing. Thank you for your consideration. We are looking forward to a terrific new development on a great new City of Stillwater corner! Sincerely, Central Commons, LLC. Mark W. Lambert Enc. 6770 Stillwater Blvd N, Suite 110 Stillwater, MN 55082 CENTRAL COMMONS 651-705-3302 July 17, 2020 Mr. Bill Turnblad Community Development Director 216 4th Street North Stillwater, MN 55082 Re: Central Commons Cost Sharing Dear Bill: Thank you, your team, the Planning Commission, the City Council, and the Mayor of Stillwater for your collective ongoing commitment to working through the approvals needed for Central Commons to become a reality on the Southeast Corner of Manning and Highway 36. I think we all understand how important and yet complex this development is. We have had several conversations starting back with our Pre -Annexation Agreement which provided as follows: TAX ABATEMENT. The City has reviewed the economic and fiscal benefits of the PUD, including the proposed real estate tax estimates as prepared on 7/25/19 by the Owner's consultant, attached hereto and incorporated herein as Exhibit G, along with the necessary approvals and related costs associated to develop the PUD, and finds it necessary to provide the Owner with financial incentives such as tax abatement and development fee reductions (e.g. AUAR Fees, Park Dedication Fees) in order to make extension of public infrastructure financially feasible. The City will use its best efforts to utilize the appropriate financing tools to assist with the implementation of the PUD. For reference, I have attached that Exhibit G to this correspondence which, in draft form and in addition to development fee reductions, guided the use of tax abatement from both the City of Stillwater and Washington County. In the past 12 months, the overall project costs and public infrastructure costs have come into better focus. Although there still remain some questions about $3 Million of additional Interchange funding from the Minnesota state bonding bill and other possible sources of Washington County funding, for purposes of our PUD approval, Central Commons requests concept approval of the following: 1. Assessment Agreement for Agreed Public Infrastructure Costs. While projected public infrastructure costs are still tentative, we understand that Central Commons will be asked to contribute a share of the costs to extend the public watermain and sanitary sewer (along with two lift stations) from its current location near Bradshaw on Curve Crest through and to the westerly side of our site where the second lift station will be located. In addition, we have learned that Washington County has requested significant financial reimbursement contributions from the City of Stillwater for street costs of Manning Avenue South and CSAH 15 South Segment which connect to the new interchange, retaining walls to support these streets while achieving the interchange grades, and a traffic signal, all of which in turn have been forwarded to us as "interchange potential costs" or "IPC's". We have strongly objected to both Washington County and the City of Stillwater over these "IPC's as Washington County Engineering, in our discussions dating over two years back, indicated that if we contributed the right of way land for the interchange and adjacent streets to the County free of charge - they would not bill or assess us for the costs of the roads. To now bill the City of Stillwater to in turn bill us seems to make the offer of land in exchange for the construction of roads very disingenuous. We have requested a meeting with Washington County later this month in an attempt to resolve the IPC issue. Finally, as we are building the extensive and costly BCWD mandated storm water utility and pipe system, we ask that this cost (as well as the land cost) also be considered a public infrastructure cost for purposes of the development fee waiver in #2 below (but not otherwise assessed). For purposes of this discussion, we are suggesting that upon mutual agreement of our share of the public infrastructure costs, we would accept an assessment agreement for our share (35 acres). Similarly, we understand that Lakeview Hospital would accept its share of these agreed assessments for ils parcel (60 acres) and that the 22 acre parcel to our east could be included to share these costs — for a combined total of 107 acres. 2. Development Fee Waivers. In order to partially offset the public infrastructure costs, potential IPC's, and BCWD storm water utility costs, we are requesting that the AUAR, Trunk sewer and water fees, WAC fees, Park and Trail, and Engineering Inspection fees be waived as a credit to the accepted costs and assessments. 3. Tax Abatement. In order to offset the remainder of the public infrastructure costs no otherwise offset in #2 above, we are requesting that tax abatement fo development be approved in an annual amount (based on the initial Grocery, C-store, and Market Rate Rental) be used to offset the annual assessment payments accepted for a similar duration (20 years). 4. Master Escrow Agreement as Security / Final Plan. Central Commons and Hy-Vee will escrow 120% of the improvements needed to complete the development in advance of construction. Central Commons is requesting that this escrow be considered a "master escrow" with the City of Stillwater (which would able to draw on it in the event of a default by Central Commons) so as to eliminate a second and duplicate escrow / letter of credit from the City of Stillwater. Similarly, the assessment agreement will act as surety for the public improvements so no cash escrow or letter of credit will be required for these. Central Commons also requests the City permit recording of the Final Plat with the execution of a development agreement incorporating the above terms but in advance of the assessment agreement so as to facilitate a 2020 sale of the parcels to Hy-Vee. We understand these requests are at the concept phase and would ask for the Council's consideration should any later needs or unknown conditions develop which would necessitate reconsideration of the above approvals. Thank you for your consideration. We look forward to a terrific new development on a great new City of Stillwater corner! Sincerely, Central Commons,J/LLC. ` Mark W. Lambert Tax Abatement Analysis Summary Findings: Using the total market value of the completed development, as summarized below, and the listed abatement rates, the maximum present value is as follows: Stillwater: $2.8 Million Washington County:$1.8 Million City of Stillwater Abatement rate: .45% (estimate) Washington County Abatement rate: .29682% (based on 2019 rate) Market Value, Sq. Ft. and Unit Assumptions Location Mkt Value Per Unit Bldg sq. ft. Commercial / Retail Grocery $ 60.00 95,716 C-Store $ 150.00 8,700 Retail 1 $ 150.00 6,000 Retail 2 $ 150.00 6,000 Medical Bldg $ 120.00 55,794 Retail Med 3&4 $ 120.00 12,000 Rental Market Rate Rental $ 120,000 180 units 180 sq. ft. 184,210 Market Value of Completed Development Commercial / Retail Grocery 5,742,960 C-Store 1,305,000 Retail 1 900,000 Retail 2 900,000 Medical Bldg 6,695,280 Retail Med 3&4 1,440,000 Rental 0 Market Rate Rental 21,600,000 r Total Market Value 38,583,240 EXHIBIT G illwatei THE H I R T H P L R L E [I F M INN E S B! A PLANNING REPORT TO: Mayor & Council Members CASE NO. 2019-25 REPORT DATE: December 11, 2020 MEETING DATE: December 15, 2020 APPLICANT: City of Stillwater REQUEST: Zoning text amendment (ZAT) revising sign regulations REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION The sign regulations found in the Zoning Chapter of the City Code are in need of revision for several reasons. First, US Supreme Court cases over the years have refined first amendment free speech law as it applies to signage and those refinements need to be reflected in our sign regulations. Second, institutional signage has largely been ignored by the City Code and needs to be addressed. And third, digital signage has been requested by a few businesses and since its technology has evolved dramatically over the last several decades, it seems timely to consider allowing it to some extent in Stillwater. Therefore, the City Attorney and City planning staff have drafted a zoning code amendment to address these issues. We have also taken the opportunity to re -organize the sign code so it flows more logically and is more understandable. The Planning Commission held a public hearing on the ordinance on February 26' and recommended approval of it as attached. SPECIFIC REQUEST Consider approval of the first reading of the draft ordinance that would replace the current sign code (Section 509) of the City Code's Zoning Chapter (Chapter 31). ANALYSIS The great majority of the current sign code would remain the same. The changes that are proposed are highlighted below. 1. Free speech law. Content neutrality has been addressed, as well as commercial free -speech refinements as they apply to signage. 2. Institutional signage. The second major reason for the code amendment is to create a consistent, reasonable approach to institutional signage. Currently the code allows an institution (church, school, hospital, governmental agency) to have a 32 square foot "bulletin board" in residential zoning Case 2019-25 Page 2 districts. But, a bulletin board is not defined. So, by policy we permit one 32 square foot (sf) wall mounted or freestanding sign per institution in a residential zoning district. However, oddly enough, institutional signage is not allowed in the institutional and park zoning districts. So, the amendment proposes to allow institutional signage as follows: 1. In Residential Zoning Districts, one 32 sf wall mounted or freestanding sign is allowed. Only non -electronic message centers are allowed. 2. In the PA and PROS Zoning Districts, one 32 sf wall mounted or freestanding sign is allowed. In these zoning districts, the institutional sign could be an electronic message center if no residentially zoned property has a direct line of sight to the display area. In that case the message center would have to be non -electronic. 3. Digital signage. Electronic message center signage (aka. digital signage) is proposed to be added and would be allowed in the BP-C Zoning District on larger properties that abut Highway 36. They would also be allowed under specific circumstances in the institutional and park zoning districts. a. An electronic message center is being defined as a portion of a freestanding sign that is capable of displaying words, symbols, figures or images that electronically change by remote or automatic means. b. Only one would be allowed per lot or multi -tenant building. c. It must be an integral part of a freestanding sign, not wall mounted. d. The display of an electronic message center would not be permitted to change more than once every twenty seconds. This standard was developed by the International Sign Association to address driver distraction, and is on the conservative end of their spectrum of "safe" change intervals. e. The size of the electronic message center will be limited to fifty percent of a freestanding sign's total allowable area. Limiting the size of the digital display reduces driver distraction and the annoyance/light pollution of large back lit displays. i. A freestanding sign in the BP-C District, for example, could have 100 or 120 square feet of signage, depending upon the size of the multitenant building it is associated with. So, the maximum size of a digital display area would be 50 or 60 square feet respectively. ii. The Valley Ridge Mall has a 110 square foot freestanding sign and they would like to incorporate a digital display into it so they can rotate weekly or monthly the names of tenants that cannot fit on the static sign panels. Now they do this by temporarily hanging a banner under the sign panels. If these sign changes are adopted, two of their three current tenant panels could be converted to an electronic message center, and the banner would be removed. iii. The freestanding sign at the Pizza Ranch in Oak Park Heights (seen to the right) is another example of what could be allowed as an electronic message center according to the new standards. Case 2019-25 Page 3 f. Regulations for the electronic message center require either functional automatic dimming capabilities that adjust the brightness to ambient light at all times of the day and night; or the illumination will not be allowed to exceed 0.3 footcandles over ambient lighting conditions when measured seventy-one feet from the sign'. g. No off -premises electronic message centers are allowed. h. All other applicable sign regulations found in Section 31-509 must be met. i. In the BP-C Zoning District they would be permitted on the properties abutting State Highway 36 between Industrial Boulevard and Market Drive. This segment of the 36 corridor has somewhat larger properties than the rest of the Stillwater side of Hwy 36, and these properties tend to have multitenant buildings. Note that the former Herberger's site is included in the list of properties that would be allowed to have an electronic message center, but it is technically separated from the highway and its frontage road by a stormwater pond owned by the City. j. In the PA and PROS zoning districts, electronic message centers could be incorporated into institutional signs if: i. In the PROS Zoning District the electronic message center is permitted only if it is located on a property with a recreation center or a multiple use park building; and ii. In the PA Zoning District an electronic message center is permitted only if there is no direct line of sight from a residentially zoned property to the graphic display area. water Zoning Districts W S»e Fen0, PeewrSd Fnn•h ▪ TP.1,111dhigi w ..... - CTR. Cwv i.pl�w�u AeeJ:�nw -cc .cwe Gopspe Rexeems ▪ cewR Caw :nmw,H: PL�wnpu _ TH, arrc•.ce ▪ RCA-... nreel Fa..a.i.. PxH-I . umrn ..aae.Npl vc.Ape Lcnm-ic0 -ca.am comma Aid �caz 9P.C. &.anew Pork • CrmercB, BY I. kann. PoR I• 1!W _.e Hon, 4.0-Cxrtw Maeanoexe wen[ Pp-P -". Mreo4Nnn -MW-.... PncaV lnce I.s Properties where Electronic Message Centers would be allowed: shown in light grey stripes 1 Regulations developed by the International Sign Association (an independent sign research institution founded in 1944 and based in Alexandria, VA). Case 2019-25 Page 4 3. Miscellaneous changes. a. Temporary signs. This section has been updated to reflect how temporary signs are actually being regulated today. b. Substitution clause. New language is proposed to allow substituting new text for text in an existing permitted sign without City review. c. Several definitions have been added, or completely rewritten. i. Electronic message center ii. Institutional sign iii. Marquee iv. Non -electric message center v. Projection Sign vi. Public Sign vii. Roof Sign viii. Sign ix. Wall Sign d. An allowable signage table was created that shows which signs are allowed in each zoning district. i. This table does not create revised regulations. It simply summarizes regulations. ii. The entire body of sign regulations has been re -organized for better flow. iii. Rummage/garage sale signage performance standards have been moved to Ch 31-505, Miscellaneous Residential Standards. POSSIBLE ACTIONS The City Council has the following options: A. Approve the first reading of the sign ordinance with or without revisions. B. Deny the first reading of the sign ordinance. C. Table the first reading for additional information. Attachment: Draft ordinance bt ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31-101 REGARDING ZONING DEFINITIONS, AMENDING CHAPTER 31-509 REGARDING SIGN REGULATIONS, AND ENACTING CHAPTER 31-505, SUBD. 3 REGARDING GARAGE SALE SIGNAGE The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the Zoning Definitions is hereby amended by adding the following definitions, which shall be incorporated alphabetically, and the entire section renumbered accordingly: Sec. 31-101. — Definitions. Abandoned sign means any sign and/or its supporting sign structure and appurtenances which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Sign applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered abandoned for a period of up to one (1) year, after which time, it must be removed. Awning means a roof -like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be considered an awning. Building sign means any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. Commercial speech means any speech promoting a business, profession, commodity, service, or entertainment. Commercial sign means any sign that promotes or identifies a product, business, service, entertainment, or any other matter of a commercial nature. Digital sign. See definition of electronic message center. Directory sign means a sign used to guide pedestrians, but not vehicles, to individual businesses within a multitenant commercial area that is placed on the site of the development and may be erected only in internal pedestrian access areas. 1 Electronic Message Center means a portion of a freestanding sign that is capable of displaying words, symbols, figures or images that electronically change by remote or automatic means. Footcandle means a measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot. Garage sale sign means a temporary sign promoting a garage or rummage sale. Institutional Sign means a sign identifying a church, school, hospital, government or similar type institution. Marquee means any permanent roof -like structure projecting beyond a building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Monument sign means a sign not supported by exposed posts or poles which is architecturally designed and located directly at grade with a base at least as wide as the sign. Multitenant master sign means an on -premise sign identifying multiple tenants in a single building. Non-commercial sign means a sign for a non-commercial expression not related to the promotion of any product or service or the identification of any business. Non-commercial speech means the dissemination of messages not classified as commercial speech that include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Non -Electronic Message Center means a sign or portion thereof that has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device, that may be changed or re -arranged manually or mechanically with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Off -Premises sign means a sign normally used for promoting an interest other than that of a business, individual, products, or services available on the premises where the sign is located. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the Zoning Definitions is hereby amended by revising the following definitions to read as: Billboard means a non -accessory sign erected for the purpose of promoting a product, event, person or subject no usually related to the premises on which the sign is located. Building sign plan means an illustration that shows size, location, materials and lighting for all signs on a building or group of related buildings. Construction sign means a temporary sign at a construction site identifying the project. 2 Freestanding sign means any sign which has supporting framework that is placed on or anchored in the ground and which is independent from any building or other structure. Historic sign means a sign that is of historical significance or that is an historic resource within the meaning of Minn. Stat. Ch. 116B. Illuminated sign means any sign that contains an element designed to emanate artificial light internally or externally. Marquee sign means any building sign painted, mounted, constructed or attached in any manner, on a marquee. Political Non-commercial sign means a sign designed for the purpose of supporting or opposing a candidate, proposition or other measure at an. Portable sign means a sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed, and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. Projecting sign means a sign which is affixed to a building or wall in such a manner that its leading edge extends more than one (1) foot beyond the surface of such building or wall face. Public sign means a sign usually erected and maintained by a public agency that provides the public with information and in no way relates to a commercial activity. Examples of public signs include, but are not limited to, speed limit signs, stop signs, city limit signs, street name signs, directional signs, and historic points of interest. Real estate development sign means a sign intended to sell or promote a development project. Real estate sign means a sign placed upon a property to promote that property for sale, rent or lease. Roof sign means a sign erected and constructed wholly or in part on or above the parapet or eave line of a building. Sign means a letter, work or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, promotion, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for information or communicative purposes. Sign structure means the structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Wall sign means a building sign attached parallel to, but within one (1) foot of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any 3 building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Window sign means a building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes of glass and is visible from the exterior of the window. SECTION 3. REPEAL AND REPLACE. Stillwater City Code Chapter 31-509 relating to the Sign Regulations is hereby repealed and replaced as follows: Sec. 31-509. — Sign regulations. Subd. 1. Findings. As a historic community, this city is unique. The proper control of signs is of particular importance because of this historical quality and uniqueness. The city's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community. Further, the city finds: (a) Exterior signs have a substantial impact on the character and quality of the environment. (b) Signs provide an important medium through which individuals may convey a variety of messages. (c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 2. Purpose. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety, and welfare. (b) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community. (c) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics. 4 (d) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city. Subd. 3. Severability. If any section, subsection, sentence, clause, or phrase of this sign ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance. The City Council hereby declares that it would have adopted the sign ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses, or phrases be declared invalid. Subd. 4. Substitution Clause. Signs containing non-commercial speech are permitted anywhere that signs containing commercial speech are permitted, subject to the same regulations applicable to such signs. Any sign containing commercial speech may substitute non-commercial speech; any sign containing non-commercial speech may substitute commercial speech or other non- commercial speech; any sign containing commercial speech may substitute other commercial speech. This substitution of speech may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non- commercial message. This provision prevails over any more specific provision to the contrary. Subd. 5. Permit Required. (a) Unless exempted pursuant to Subdivision 7, no person shall erect, alter, reconstruct, maintain or move a sign in the city without first obtaining a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. An application for a permit may be obtained from the community development director or designee. The application must be accompanied by the required fee and must contain the following information: (1) Street address or location of the property on which the sign is to be located along with the name and signature of the owner of the building; (2) Name, address and signature of the owner of the sign; (3) Name, address and phone number of the sign installation contractor; (4) The type of sign as defined in this ordinance; (5) A complete set of plans and scaled drawings showing the materials, design, dimensions, structural supports, method of attachment, internal and external lighting and electrical components of the sign; (6) A site plan showing the location of the proposed sign with dimensions to all adjacent lot lines; (7) An approved building sign plan, if there is more than one business or use in a building; 5 (8) Certification by applicant indicating the application complies with all requirements of the sign code. (b) The community development director or designee shall approve or deny the sign permit within sixty (60) days following receipt of the completed application, including applicable fee. A decision must be made in writing and must be mailed or electronically delivered to the applicant at the address or email address provided in the application. If the permit is denied, the reason must be stated in writing and describe the applicant's appeal rights under Section 31-217 and must be sent by certified mail to the applicant. Subd. 6. General Provisions. (a) The following provisions apply to signs located in all zoning districts: (1) All signs must comply with any applicable design guidelines and neighborhood plans adopted by the City of Stillwater and must meet all the size, location and height standards as required in Section 31-509. (2) Repairs. Any sign located in the city which may now be or become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions in this section, shall be removed or otherwise properly secured in accordance with the terms of this ordinance by the property owners, business owners or by the owners of the grounds on which the sign stands, upon receipt of proper notice to do so, given by the community development director or designee. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this ordinance and upon a permit issued by the community development director or designee. (3) Electrical Signs. Electrical signs must be installed in accordance with the current state electrical code. (4) Placement. (5) i. No sign or sign structure may be erected or maintained if it prevents free ingress or egress from any door, window or fire escape. No sign may be attached to a standpipe or fire escape. ii. A sign must not be erected, positioned, or maintained so as to obstruct the architectural features of a building. iii. All signs must be compatible with the building and neighborhood where located, including any approved building sign plan. Temporary Signs. The use of banners, pennants and similar devices for commercial, industrial and institutional uses shall be subject to the following provisions: 6 i. Temporary signs shall require a permit that shall be valid for no more than thirty (30) days. ii. Not more than one (1) temporary sign shall be displayed upon a property at any one time. iii. Not more than three (3) temporary sign permits, or up to three (3) temporary signs for a total of not more than ninety (90) days, shall be issued during any calendar year. iv. The size of a temporary sign shall not exceed the maximum size allowed for a similar type of permanent sign allowed on the property. v. Free-standing or movable temporary signs shall adhere to any setbacks required for similar permanent signage on the property. vi. The temporary sign shall be in harmony, as determined by the community development director or designee, with the surrounding properties and the neighborhood in which it will be displayed. vii. Notwithstanding the foregoing, temporary signs that do not conform to the requirements of this section may be approved by the City Council as part of an event permit, however, all temporary signs must be removed within two (2) days after the event. (6) Maintenance. All signs must be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten (10) feet must be neatly trimmed and free of weeds. Rubbish or debris under or near the sign must be removed. (7) Signs on Public Property or Right -of -Way. i. Except for public signs, signs approved by the City Council pursuant to an event permit, and signs allowed by encroachment agreement, no signs may be erected or temporarily placed within any right-of-way, upon public lands or easements without approval from the community development director or designee. ii. The city may at any time and without notice remove signs which have been installed on public property or within public right-of-way or easement without approval. The sign owner may retrieve the signs: from a designated impound area at the city within fifteen (15) days from the date of removal. After fifteen (15) days, the city will dispose of the sign. The city shall not be liable for any damage to removed signs. Sign type Public sign Integral sign Political and related noncommercial signs Political and related noncommercial signs Political sign Holiday sign Construction sign Real estate sign Nameplate sign: 1 - 5 Unit Bldg Nameplate sign: z 6 Unit Bldg Real estate development project sign Window sign Garage sale sign Temporary real estate "open house" sign Wall sign (8) (9) iii. The city may grant a permit to locate temporary signs or decorations on, over or within the right-of-way. Flags. Non -Commercial flags may be displayed in accordance with state and federal law. No more than three (3) non-commercial flags may be displayed outside of a building. Historic sign. The requirements of size, location and height in Section 31-509 may be waived by the City Council if the sign is an historic resource or if the sign is a reproduction of an historic sign. (10) Graphic design signs. Graphic design signs require a conditional use permit. (11) Table 1 identifies where various types of signs are allowed and whether the sign is required to have a permit: Table 1 Res. Notes Districts See Sec 31-509, Subd 7(a) See Sec 31-509, Subd 7(a) Size limit: 6 square feet; 4 ft tall; See Sec 31-509, Subd 7(b)(2) 35 Square foot size limit; See Sec 31- 509, Subd 7(b)(2) During exemption period; See Sec 31-509, Subd 7(b)(1) Not exceeding 60 days See Sec 31-509, Subd 7(c) See Sec 31-509, Subd 7(d) 2 square feet; See Sec 31-509, Subd A A A A A A A 7(e) 6 square feet; See Sec 31-509, Subd 7(e) See Sec 31-509, Subd 7(d)(3) See Sec 31-509, Subd 7(f) See Sec 31-505, Subd 3 See Sec 31-509, Subd 7(d)(2) See Sec 31-509, Subd 9(a)(2); Subd 9(b)(2); Subd 9(c)(2); Subd 9(d)(3); Subd 9(e)(2) BP- BP - CA CBD VC C 0 A A A A A A A A A A A A A A A N NNNN N N A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A N N NNNN A A A A A A A N P P P P P P 8 BP -I HMU CRD PA PWFD PROS A A A A A A A A A A A NNN N N A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A NNN N N A A A A A PP P P P Roof sign Freestanding sign Billboard Awning or canopy sign Projecting sign Three dimensional sign Marquee sign Multitenant master sign Directory sign Electronic message center Institutional sign Graphic design sign See Sec 31-509, Subd 8(h) See Sec 31-509, Subd 9(a)(3); Subd 9(b)(3); Subd 9(c)(3); Subd 9(d)(4); Subd 9(e)(3) See Sec 31-509, Subd 8(e See Sec 31, Subd 9(a)(4); Subd 9(b)(4); Subd 9(d)(5) See Sec 31-509, Subd 9(a)(6); Subd 9(d)(7) See Sec 31-509, Subd 9(a)(5) See Sec 31-509, Subd 9(b)(4); Subd 9(d)(5) See Sec 31-509, Subd 9(b); Subd 9(d)(6) See Sec 31-509, Subd 10 See Sec 31-509, Subd 11 See Sec 31-509, Subd 13 See Sec 31-509, Subd 6 (a)(10) A = Allowed without permit P = Permit required N = Not allowed CUP = Conditional Use Permit N N N NNNNNNN N N N P P P P P P P PP P P N N N NNNNNNN N N N P P P P P PPNN N N N P P P NNNNNN N N N P P NNNNNNN N N N N N N P P PPNN N N N N N P P P PPNN N N N N N N P P P P PP N N N N N N P NNPNP N P P N N NNNNNNP N P N CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Subd. 7. Exemptions. The following signs shall not require a permit and are allowed in every zoning district. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection, maintenance and compliance with the other provisions of Section 31-509 or any other law or ordinance regulating the same. (a) Public signs and integral signs. (b) Non -Commercial Signs. (1) In any general election year, all non-commercial signs are exempt from regulation and may be posted in any size or in any number beginning 46 days before the state primary in a state general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. (2) A political, non-commercial sign outside the exemption period outlined in Subdivision 7(b)(1) of 31-509, is regulated as follows: 9 i. Residential and CA districts: the maximum sign size is six (6) square feet in area with a maximum height of four (4) feet. ii. All other districts: the maximum size is thirty-five (35) square feet in area. (c) Construction signs. A construction sign must be confined to the construction site and must be removed within two (2) years of the date of issuance of the first building permit or upon completion of the project, whichever occurs first. One construction sign is permitted for each street the project abuts. No sign may exceed thirty-two (32) square feet in multifamily residential, commercial and industrial districts and twelve (12) square feet in single-family residential districts. (d) Real estate signs. (1) A real estate sign is limited to up to six (6) square feet in residential districts and up to thirty-two (32) square feet in commercial districts. A real estate sign must be removed within ten (10) days after sale or rental of property. (2) Temporary real estate "open house" signs, provided that: (3) i. The sign is not placed in a manner that creates a nuisance to adjacent owners, does not create a safety hazard or block the view of entrances to streets or intersections. ii. The sign is placed one-half hour before the open house and is removed each day immediately after the open house closes. iii. A maximum of four (4) signs in a residential zoning district are allowed for each open house and are limited to a four -block radius of the open house. iv. The sign must not exceed six (6) square feet. Real estate development project sign. For a development project of up to 25 acres, one sign not to exceed one hundred (100) square feet of sign surface may be erected on the project site. For projects of 26-50 acres, one or two signs not to exceed two hundred (200) aggregated square feet of sign surface may be erected. For projects over fifty (50) acres, up to three signs not to exceed three hundred (300) aggregate square feet of sign surface may be erected. No dimension shall exceed twenty-five (25) feet exclusive of supporting structures. The sign may not remain after 95% of the project is developed. The sign must be bordered with a decorative material compatible with the surrounding area. If the signs are lit, they must be illuminated only during those hours when business is in operation or when the model homes or other development is open for conducting business. (e) Nameplate sign. 10 (1) A nameplate sign must be placed on a wall of the structure not exceeding two (2) square feet in area per structure. A nameplate sign shall not be constructed as to have more than two (2) surfaces. (2) A single nameplate sign must be placed on a wall of the structure for each dwelling group of six (6) or more units. The nameplate sign may not exceed six (6) square feet in area per surface and may not be constructed as to have more than two (2) surfaces. (f) Window sign. A window sign, which cannot cover more than one-third of the total area of the window in which the sign is displayed. (g) Garage and rummage sale signs, provided they comply with Section 31-505, Subd. 3. Subd. 8. Prohibited Signs. The following signs are prohibited in all zoning districts: (a) Abandoned signs. (b) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. (c) Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. (d) Off -premises commercial signs. (e) Billboard signs. (f) Any sign that moves or rotates, except barber poles and permitted electronic message centers. (g) Signs that display any moving parts, are illuminated with any flashing or intermittent lights or are animated, except electronic message centers. All displays must be shielded to prevent any light from impairing the vision of any driver. No device may be illuminated to obscure an official traffic sign or signal, including indoor signs which are visible from public streets. (h) Roof signs. (i) Any sign with banners, pennants, ribbons, streamers, string or light bulbs, spinners or similar devices, except where used for noncommercial purposes or as part of an approved sign application. 11 (j) Portable signs including signs with wheels removed, attached temporarily or permanently to the ground. (k) Signs mounted on a vehicle for promotional purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used on the normal day-to-day operations of that business. (1) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, directly on building walls, or attached to public utility poles, telephone cables or wires, bridges, towers, or similar public structures or the supports thereof. Illuminated signs or spotlights giving off an intermittent or rotating beam. Revolving beacons, beamed lights or similar devices. Hot air, gas filled or inflated objects used for commercial speech. Signs supported by guy wires. Signs in a state of disrepair. Subd. 9. Specific Regulations by Zoning District. In addition to the signs allowed in Subdivision 7 of 31-509, the following signs shall be allowed within the specific zoning districts: (a) Central Business and General Commercial Districts. All signs in the CBD-central business or CA -general commercial districts are subject to the following requirements: (1) General regulations: i. In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, only one (1) wall, monument, awning, canopy or three-dimensional sign is allowed per business within the CA -general commercial district. When a building or business abuts two or more public streets and/or public alleys, one (1) sign is allowed on each street building face. ii. In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, two (2) signs are allowed per business within the CBD-central business district. The two (2) allowed signs must be one (1) wall sign and either a three-dimensional sign or a projecting sign. iii. All signs in the CBD-central business district must meet the downtown design guidelines for signs. (2) Wall signs. Wall signs shall meet the following requirements: 12 (3) i. The total building signage may have an aggregate area not exceeding one (1) square foot for each foot of building face parallel or substantially parallel to a street lot line. ii. It must not project more than twelve (12) inches from the wall to which the sign is affixed. iii. It must not project higher than the parapet or eave line of the wall to which the sign is affixed or fifteen (15) feet as measured from the base of the building wall to which the sign is affixed, whichever is less. iv. Externally illuminated letters are allowed, but no internally illuminated signs are allowed. v. Where a principal building is devoted to two (2) or more permitted uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building may not exceed one (1) square foot for each foot of the building face parallel, or substantially parallel, to a street lot line with a maximum of twenty-five (25) square feet per business. Freestanding signs. Freestanding signs shall meet the following requirements: i. The area of a monument or freestanding sign may not exceed thirty (30) square feet. ii. A monument or freestanding sign may be located in any required yard but must have a setback of fifteen (15) feet from any point of vehicular access, public roadway and property line. iii. A monument or freestanding sign may not project higher than six (6) feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less. iv. The area around a monument or freestanding sign must be landscaped. v. Externally illuminated letters are allowed, but no internally illuminated signs are allowed. vi. Pedestrian and vehicular sight lines must not be blocked. (4) Awning or canopy signs. Awning or canopy signs shall meet the following requirements: i. The gross surface area of an awning or canopy sign may not exceed fifty (50) percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affixed. 13 (5) ii. An awning or canopy sign may not project higher than the top of the awning or canopy or below the awning or canopy. Three-dimensional signs. The total area of a three-dimensional sign is determined by enclosing the largest cross section of the sign in an easily recognized geometric shape and computing its area, which may not exceed nine (9) square feet. (6) Projecting sign. A projecting sign shall meet the following requirements: i. The total area of a projecting sign may not exceed six (6) square feet. ii. It must be easily visible from the sidewalk and not be a hazard to pedestrians. iii. If lighted, the sign must be externally illuminated. iv. The bottom of the sign and bracket must be at least eight (8) feet above sidewalk grade. (b) Business Park and Highway Mixed Use Districts. All signs in the BP-O, BP-C, BP- I, HMU and CMU districts are subject to the following requirements: (1) General regulations: In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, a property may have one (1) freestanding sign, one (1) wall sign per business, and as many awning, canopy, marque, or multitenant master signs as provided in subdivision 10(b)(5) of 31-509. (2) Wall signs. Wall signs shall meet the following requirements: i. The gross surface area of a wall sign may not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must be located on the outermost wall of any principal building but may not project more than twelve (12) inches from the wall to which the sign is affixed. iii. It must not project higher than the parapet line of the wall to which the sign is affixed or twenty (20) feet as measured from the base of the building wall to which the sign is affixed, whichever height is less. iv. Where a principal building is devoted to two (2) or more uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building shall not exceed one (1) square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a 14 (3) minimum of twenty-five (25) square feet per business, whichever is more. v. Only one (1) wall sign per building face is allowed. Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of a freestanding sign may not exceed one hundred (100) square feet for each exposed face nor exceed an aggregate gross surface area of two hundred (200) square feet. ii. A freestanding sign must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs may not project higher than twenty-five (25) feet. Along County Road 5 from Highway 36 to Croixwood Boulevard and South Greely from Orleans to Highway 36 freestanding signs may not project higher than twenty (20) feet. In all other locations, a freestanding sign may not project higher than six (6) feet. Signs shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less. iv. There may be one (1) freestanding sign per development site. (4) Awning, canopy or marquee signs. Awning, canopy or marquee signs shall meet the following requirements: (5) i. The gross surface area of an awning, canopy or marquee sign may not exceed fifty (50) percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. ii. A sign may be affixed to or located upon any awning or marquee. iii. An awning, canopy or marquee sign may not project higher than the top of the awning or marquee to which the sign is affixed. Multitenant master sign. Each multitenant or multi -use building is permitted one (1) building master identification sign which meets the following requirements: i. If the multitenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one (1) square foot for each five (5) feet of building frontage or forty (40) square feet maximum with a maximum height of eight (8) feet. ii. If the multitenant commercial building has a floor area greater than 40,000 square feet, but less than the 100,000 square feet, the entry may 15 have a master identification sign with a maximum of seventy-five (75) square feet on each side and with a maximum height of twenty (20) feet. iii. If the multitenant commercial building has a floor area greater than 100,000 square feet, the building may have a master identification sign with a maximum of one hundred and twenty (120) square feet on each side and with a maximum height of twenty-five (25) feet. (c) PA, PROS and PWFD Districts. All signs in the PA, PROS and PWFD districts are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed for each facility. (2) Wall signs. Wall signs shall meet the following requirements: (3) i. The gross surface area of a wall sign may not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must not project higher than the parapet or eave line of the wall to which the sign if affixed. Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of any side of a freestanding sign must not exceed 120 square feet. ii. It must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs must not project higher than twenty-five (25) feet. In all other locations, a freestanding sign must not project higher than twenty (20) feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less. (d) Village Commercial. All signs in the VC -Village Commercial district are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) other sign is allowed per business. It may be a wall, monument, awning or canopy sign. When a building or business abuts two (2) or more public streets, one (1) sign is allowed on each street building face. (2) All signs in the VC -Village Commercial district must meet the approved Liberty Village design guidelines for signage. 16 (3) Wall signs. Wall signs must meet the following requirements: i. The gross surface area of a wall sign shall not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must be located on the outermost wall of any principal building but may not project more than twelve (12) inches from the wall to which the sign is affixed. The location and arrangement of all wall signs is subject to the review and approval of the community development director or designee. iii. It must not project higher than the parapet line of the wall to which the sign is affixed or twenty (20) feet as measured from the base of the building wall to which the sign is affixed, whichever height is less. iv. Where a principal building is devoted to two (2) or more uses, the operator of each use may install a wall sign upon each share of the building. The signs are subject to the following restrictions: a. All signs must be visually consistent in location, design and scale. b. The total gross signage for the entire building shall not exceed one (1) square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of twenty- five (25) square feet per business, whichever is more. (4) Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of a freestanding sign may not exceed one hundred (100) square feet for each exposed face nor exceed an aggregate gross surface area of two hundred (200) square feet. ii. A freestanding sign must be set back fifteen (15) feet from the front or side property line. iii. It shall not be higher than twenty (20) feet measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less. iv. There may be one (1) freestanding sign per development site. (5) Awning or marquee signs. Awning or marquee signs shall meet the following requirements: i. The gross surface area of an awning or marquee sign must not exceed fifty (50) percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. 17 ii. A sign may be affixed to or located upon any awning or marquee. iii. An awning or canopy sign may not project higher than the top of the awning or marquee to which the sign is affixed. (6) Multitenant master sign. Each multitenant or multi -use building is permitted one (1) building master identification sign which meets the following requirements: (7) (8) i. Building master identification signs must not contain the names of any tenants or occupants of the center. ii. The multitenant commercial building may have a freestanding sign with a maximum of one (1) square foot of sign for each five (5) feet of building frontage or forty (40) square feet maximum with a maximum height of eight (8) feet. Projecting sign. A projecting sign shall meet the following requirements: i. The total area of a projecting sign must not exceed six (6) square feet. ii. It must be easily visible from the sidewalk and not be a hazard to pedestrians. iii. If lighted, projecting signs must be externally illuminated. Total allowable sign area. The total aggregate sign area allowed on a property for all signs permitted in subparts (d) through (g) above shall be as follows: i. A minimum of one hundred (100) square feet; and at a rate of one (1) square foot of signage for each lineal foot of the building wall facing a public street, up to a maximum of three hundred (300) square feet. ii. When a building faces two (2) or more public streets, the building wall area shall be determined by adding the wall area of each building wall that faces a public street and dividing by the number of public streets the building faces. (e) CRD, Campus Research and Development Districts. All signs in the CRD, Campus Research and Development districts are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed for each facility. However, if the facility is large or consists of several buildings, additional signs may be allowed with a conditional use permit. (2) Wall signs. Wall signs shall meet the following requirements: 18 (3) i. The gross surface area of a wall sign must not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must not project higher than the parapet or eave line of the wall to which the sign if affixed. Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of any side of a freestanding sign must not exceed 120 square feet. ii. It must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs must not project higher than twenty-five (25) feet. In all other locations, a freestanding sign may not project higher than twenty (20) feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less. Subd. 10. Directory Signs. Directory signs are used to guide pedestrians to individual businesses within a multitenant commercial area and are permitted in BP, PA and CRD districts. The sign area used in directory signs shall not be calculated against the total allowable sign area. Directory signs in the permitted zoning districts shall meet the following requirements: (a) It must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas. (b) It must have a maximum area of one (1) square foot for each business listed on the sign and four (4) square feet for the name of the building or complex. (c) It may be freestanding but must not exceed six and one-half (6 1/2) feet in height. (d) It must only be used for directions and identification. Subd. 11. Electronic Message Centers. Except as provided in (h), an electronic message center is allowed if it meets all of the following requirements: (a) Located only on property zoned PA, PROS or BP-C as specified below: (1) In the BP-C Zoning District an electronic message center must only be located along State Highway 36 in the following corridor of properties listed below and depicted on Map 1: i. Properties abutting 60th Street North between South Greeley Street and South Holcombe Street; and 19 ii. Properties abutting West Frontage Road between South Greeley Street and Market Drive; and iii. Property at 2001-2011 Washington Avenue; and iv. Properties abutting Market Drive between West Frontage Road and Curve Crest Boulevard. (2) In the PROS Zoning District an electronic message center is permitted, but only if it is located on a property with a recreation center or a multiple use park building. (3) In the PA Zoning District an electronic message center is permitted if there is no direct line of sight from a residentially zoned property in Stillwater to the display area of the electronic message center. If there is a direct line of sight, then any message center must be a non -electronic message center not an electronic message center. MAP 1 Properties where Electronic Message Centers are allowed are shown in dark gray FRIA i :�■ ■■■■■o■ilIF�_ ■ ■ — 71111111111 Zoning Districts I !11 r •w.,r.n..�.4... I N LA. wry.+ �,nE9 illy Like CA Lap al in ern Core rrw.s.*4 cr WA. co,. Co..* •..rr Fi41 Pi — _.. • Ii i ni arrwr. rcn..r.. N.w •..x•w rc. w.r �..,.,. !IL i _ I •c.... -.•a•.wo«.ew.•• •- r+aa+w•.c.h � F 20 (b) Only one (1) electronic message center per property. A "property" for purposes of this section is one lot, or a single building that spreads over several lots, or a campus or integrated cluster of buildings that is owned or managed as a single entity, complex or development. (c) Must be integrated within a freestanding sign and shall not exceed fifty (50) percent of the freestanding sign's total allowable area. (d) The copy of an electronic message center shall not change more than once every twenty (20) seconds. (e) Includes functional automatic dimming capabilities that adjusts the brightness to ambient light at all times of the day and night; or the illumination does not exceed 0.3 footcandles over ambient lighting conditions when measured seventy-one (71) feet from the sign. (f) No off -premises electronic message centers are allowed. (g) All other applicable sign regulations found in Section 31-509 are met. (h) Institutional signs may include an electronic message center if they comply with this Subd 11, the zoning district in Table 1 and the performance standards in Subd. 13. If not, then the institutional sign shall only include a non -electronic message center. Subd. 12. Non -Conforming Signs. It is recognized that signs exist within the zoning districts which were lawful before this sign ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance, or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: (a) No sign shall be enlarged or altered in a way which increases its nonconformity. (b) Should such sign or sign structure be destroyed by any means to an extent greater than fifty (50) percent of its replacement cost and no building permit has been applied for within one hundred and eighty (180) days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this ordinance. (c) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. Subd. 13. Institutional Signs. An institutional sign may be either wall mounted or freestanding. The maximum size of the sign, including any electronic or non -electronic message area, is 32 square feet and is subject to the following: 21 (a) In residential zoning districts only non -electronic message centers are allowed as part of an institutional sign. Electronic message centers are not allowed in residential zoning districts. (b) In the PA and PROS Zoning Districts a non -electronic message center is allowed as part of an institutional sign. If the standards in Subd. 11 (a) (2) or (3) are satisfied, an electronic message center is allowed instead of the non -electronic message center. Subd. 14. Violations. (a) All signs for which a permit is required shall be subject to inspection by the community development director or designee. (b) The city may require the removal or repair, at the owner's expense, of any sign if the requirements of this ordinance are not met. (c) Upon receipt of a notice of violation, the record owner of the property on which the sign or sign structure is located shall take corrective action. If the property owner fails to comply with the corrections outlined in the written notice, the city may initiate any lawful action or proceeding to prevent, restrain, correct or abate the violation. SECTION 4. ENACTMENT. Stillwater City Code Chapter 31-505, Subd. 3 relating to Garage Sale Signage is hereby enacted: Subd. 3. Garage Sale Signage. A temporary sign promoting a garage sale is permitted, provided that: (a) The sign does not exceed four (4) square feet. (b) The sign is not more than three (3) feet in height. (c) The sign is removed the same day when the sale closes for each day. (d) The sign is permitted by the owner of the property on which the sign is placed. (e) No more than two (2) garage sales per year are held by any address in any calendar year with each sale lasting no longer than three (3) days. (f) The sign may not be placed upon the right-of-way, parks or public property in a manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks the view of entrances to streets or intersections. SECTION 5. 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: 22 The sign ordinance has been revised to add additional sign definitions to the general definitions section of the zoning code, add provisions surrounding the use of noncommercial speech, reorganize sections for clarity, move garage sales signs to the residential section of the zoning code, provide consistency in terminology, add electronic message center criteria and otherwise update the ordinance to ensure it is content neutral. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this ATTEST: day of , 2020. Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 23 ijlwater THE B I R T H P L A C E OE MINNESOTA PLANNING REPORT DATE: December 11, 2020 CASE NO.: 2020-40 TO: Mayor & Council Members APPLICANT: Mark Lambert, Central Commons, LLC LAND OWNER: Central Commons, LLC REQUEST: Approval of Development Agreement AUTHOR: Bill Turnblad, Community Development Director REVIEWED BY: Kori Land, City Attorney Shawn Sanders, City Engineer BACKGROUND Central Commons, LLC is the owner of the 35.3-acre property at the southeast quadrant of Manning Avenue and State Highway 36. They plan to develop the property as a mixed use Planned Unit Development (PUD) project over several phases. The first phase will be synchronized with the construction of the new grade separated interchange at Highway 36 and Manning Avenue. The City Council approved the final plat and final PUD for Phase 1 on November 17, 2020. Still remaining to be approved are: 1) a Development Agreement, 2) a Tax Abatement Agreement, and 3) an Assessment Agreement. This short report addresses the Development Agreement. COMMENTS The attached Development Agreement identifies the responsibilities associated with improvement construction. It is found acceptable to the City Attorney and the developer and is consistent with the conditions of approval attached to the PUD by the City Council. The single unresolved issue is the financial structure for those improvements. This is tied closely to Tax Abatement and Assessment agreements that are not yet ready for Council approval. Therefore, staff recommends that the Council table action on the Development Agreement until those agreements are drafted. Central Commons Development Agreement December 11, 2020 Page 2 ALTERNATIVES A. Approval. If the City Council finds the Development Agreement to be acceptable, then the Council could approve it with at least 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: • Preferred Preliminary Plat Plan Sheet PP02 date 7/13/20 • Civil Site Plan Plan Sheet C300 date 11/6/20 • Temporary Road Plans Plan Sheet C301 date 11/6/20 • Grading Plan Plan Sheet C400 date 11/6/20 • Wetland Fill/Buffer Plan Plan Sheet C401 date 11/6/20 • Phase 1 Erosion Control Plan Plan Sheet C402 date 11/6/20 • Storm Sewer Plan Plan Sheet C500 date 11/6/20 • San Sewer & Watermain Plan Plan Sheet C501 date 11/6/20 • Alt. Sanitary Sewer & Water Plan Plan Sheet C501A date 11/6/20 • Public Easement Plan Plan Sheet C502 date 11/6/20 • Stormwater Basin Section Details Plan Sheet C600 date 11/6/20 • Photometric Plan Plan Sheet C700 date 11/6/20 • Post Construction Groundcover Plan Sheet L100 date 11/6/20 • Overall Landscape Plan Plan Sheet L101 date 11/6/20 • Landscape Notes & Details Plan Sheet L102 date 11/6/20 • Apartment elevation by Doran date 2/27/20 • C-Store exterior elevations Plan Sheet A6.0 • Food store exterior elevations Plan Sheets A6.0 & A6.01 • Apartment floor plans date 4/15/20 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction, prior to commencement of any earth work. 3. The City will extend trunk utilities from their current terminus in Curve Crest Boulevard to the project site. Payment for these trunk extensions will be shared by all benefiting properties, including Central Commons. Central Common's share may be reduced, waived or paid through a tax abatement and/or assessment agreement, as determined by the City Council prior to release of the Final Plat. 4. Retaining walls for the County Road project may be required to accommodate the proposed size of parking lots in Central Commons. Therefore, if the County charges these retaining wall costs back to the City, their cost may have to be passed through to the developer. Central Common's share may be reduced, waived or paid through a tax abatement and/or assessment agreement, as determined by the City Council prior to release of the Final Plat. 5. Any utility easements found necessary by the City Engineer must be executed and filed together with the final plat for each phase of development. Prior to release of the plats from City Hall for recording, fully executed copies of the easements must be submitted to the City. 6. Development impact fees, including park and trail fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development, unless waived Central Commons Development Agreement December 11, 2020 Page 3 or paid through a tax abatement and/or assessment agreement, as determined by the City Council prior to release of the Final Plat. 7. All required permits from MnDOT must be issued, and copies submitted to the City, prior to commencing any earth work. In addition, the final plat for Central Commons Addition must be consistent with the right-of-way platting for the planned Hwy 36 interchange. 8. All required permits from Washington County must be issued, and copies submitted to the City, prior to commencing any road work. 9. If Washington County does not build the segment of 58th Street traversing the project prior to issuance of Certificates of Occupancy for any of the proposed buildings, then the developer will be obligated to build a temporary road for access purposes. 10. Prior to release of the Final Plat from City offices for recording at Washington County, the Stillwater City Engineer must approve the design for the intersection of Linden Avenue with Manning Avenue. B. Table If the City Council finds the Development Agreement is incomplete or premature to approve, then the Council could table action. RECOMMENDATION Staff believes it is premature to approve the Development Agreement before the Tax Abatement and Assessment agreements are prepared. Therefore, we recommend tabling action on the Development Agreement. Attachments: Development Agreement cc: Mark Lambert, Central Commons LLC DEVELOPMENT AGREEMENT FOR THE PLAT OF CENTRAL COMMONS ADDITION BY AND BETWEEN THE CITY OF STILLWATER AND CENTRAL COMMONS, LLC THIS AGREEMENT, made and entered into on December , 2020, ("Effective Date") by and between the City of Stillwater, a Minnesota municipal corporation ("City"), Central Commons, LLC, a Minnesota limited liability company ("Developer" or "Owner"). RECITALS: WHEREAS, in pursuant of the Development Project, the Developer has applied to the City for approval of the Development Plans, PUD, and Final Plat for Central Commons Addition (the "City Approvals"); WHEREAS, in conjunction with the granting of these approvals, the City requires the installation and/or availability of public utilities (sewer and water), public streets, storm sewer pipes, ponds, and other facilities; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429, and 462, the Council approved the Final Plat, PUD, and Development Plans on the following conditions: 1. That the Developer enters into this Development Agreement, which contract defines the work which the Developer and the City undertakes to complete; and 2. The Developer shall provide ongoing financial assurance to the City in the amounts and with conditions described in the Escrow Agreement attached hereto as Exhibit F, providing for assurance of payment for the actual construction and installation of the phased improvements in the Development Plans. WHEREAS, the Development Plans were prepared by a registered professional engineer and have been submitted to and approved by the City Engineer. NOW, THEREFORE, subject to the terms and conditions of this Development Agreement and in reliance upon the representations, warranties and covenants of the parties herein contained, the City, Owner and Developer agree as follows: ARTICLE 1 DEFINITIONS 1.1. TERMS. The following terms, unless elsewhere defined specifically in the Development Agreement, shall have the following meanings as set forth below. 1.2. ANDERSON PARCEL. "Anderson Parcel" means that certain 22 acre Stillwater Township parcel of real estate located adjacent to and immediately east of the Development Property, identified as Washington County PID 06.029.20.21.001, which may be annexed into the City at some point in the future. 1.3. ASSESSMENT AGREEMENT. "Assessment Agreement" means that certain Assessment Agreement dated , 2020 between City and Developer. The Assessment 2 Agreement, or as it may be amended, is wholly incorporated in this Development Agreement by reference. 1.4. ASSESSMENT SUM. "Assessment Sum" has the meaning ascribed in Section 3.3. 1.5. BCWD. "BCWD" means Brown's Creek Watershed District, a watershed district with duties and powers established by Minnesota Statutes chapters 103B and 103D. 1.6. BCWD PERMIT. `BCWD Permit" means BCWD Permit 19-05. 1.7. BUILDER. "Builder" means an entity that will be constructing on a lot in the FINAL PLAT. 1.8. CITY. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.9. CITY APPROVALS. "City Approvals" has the meaning ascribed in the Recitals. 1.10. CITY ENGINEER "City Engineer" means the City Engineer of the City of Stillwater or delegatees. 1.11. CITY WARRANTIES. "City Warranties" means all City Warranties identified in Article 12 of this Development Agreement. 1.12. COUNCIL. "Council" means the Council of the City of Stillwater. 1.13. COUNTY. "County" means Washington County, Minnesota. 1.14. DEVELOPER. "Developer" means Central Commons, LLC, a Minnesota limited liability company. 1.15. DEVELOPER DEFAULT. "Developer Default" means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the Developer to timely pay the City any money required to be paid under the Development Agreement; b) failure by the Developer to timely construct the Developer Improvements according to the Development Plans and the City standards and specifications; c) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Development Agreement; d) breach of the Developer Warranties. 3 1.16. DEVELOPER IMPROVEMENTS. "Developer Improvements" means and includes, individually and collectively, all the improvements identified in Article 4. 1.17. DEVELOPER WARRANTIES. "Developer Warranties" means all Developer Warranties identified in Article 10 of this Development Agreement. 1.18. DEVELOPMENT AGREEMENT. "Development Agreement" means this instant agreement by and among the City and Developer. 1.19. DEVELOPMENT PLANS. "Development Plans" means all the plans, drawings, specifications, and surveys dated November 6, 2020 and prepared by Westwood, or as modified and approved by the City Engineer and Developer, which are hereby incorporated by reference and made a part of this Development Agreement. 1.20. DEVELOPMENT PROJECT. "Development Project" means a mixed -use (commercial and residential) development to be known as Central Commons Addition that will be constructed on the Development Property that is substantially in conformance with the Final Plat and with the uses and regulations in the Highway Mixed Use District and PUD. While Hy-Vee, Inc. has been identified as a prospective owner of portions of the Development Property, no final agreements or representations have been made about their prospective use. 1.21. DEVELOPMENT PROPERTY. "Development Property" means that real property legally described on Exhibit A, attached hereto, upon which the Development Project will be constructed. 1.22. EAST -WEST CONNECTION PROJECT. "East-West Connection Project" has the meaning ascribed in Section 3.2(b). 1.23. EFFECTIVE DATE. "Effective Date" means the date that this Agreement is approved by the City. 1.24. ESCROW AGREEMENT. "Escrow Agreement" means that certain Escrow Agreement, the form of which is attached hereto as Exhibit F. 1.25. FINAL PLAT. "Final Plat" means the Final Plat, approved by the Council, attached hereto as Exhibit B. 1.26. FORCE MAJEURE. "Force Majeure" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, pandemics, and fires or explosions. 1.27. FORMAL NOTICE. "Formal Notice" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United 4 States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: If to DEVELOPER & OWNER: If to LAND TITLE: City of Stillwater Attention: City Administrator 216 4t' Street North Stillwater, MN 55082 Email: tmccarty@ci.stillwater.mn.us Central Commons, LLC Attn: Mark Lambert 6770 Stillwater Blvd., Suite 110 Stillwater, MN 55082 Email: mlambert@summitre.net and kschaekel@summitre.net Land Title, Inc. Attention: Larry Mountain 2200 W. County Road C, Suite 2205 Roseville, MN 55113 Email: lmountain@landtitleinc.com or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. A Formal Notice sent by certified mail as set forth above must also be emailed to the recipient no later than the day following the mailing. 1.28. HMU ZONING DISTRICT. "HMU Zoning District" means the Highway Mixed Use zoning district codified in Section 31-326 of the City's municipal code, in effect as of the Effective Date, attached hereto as Exhibit H. 1.29. INTERCHANGE PROJECT. "Interchange Project" has the meaning ascribed in Section 3.2(b). 1.30. LAND TITLE. "Land Title" means Land Title Inc., a Minnesota corporation. 1.31. OTHER REGULATORY AGENCIES. "Other Regulatory Agencies" means and includes, individually and collectively, the following: a) Minnesota Department of Transportation b) Washington County c) Washington County Highway Department 5 d) BCWD e) Minnesota Department of Health f) Minnesota Pollution Control Agency g) Metropolitan Council h) Any other regulatory or governmental agency or entity affected by or having jurisdiction over the Developer Improvements. 1.32. OWNER. "Owner" means Central Commons, LLC, a Minnesota limited liability company. 1.33. PRELIMINARY PLAT. "Preliminary Plat" means the preliminary plat approved by the Council on August 4, 2020. 1.34. PUBLIC DRAINAGE AND UTILITY EASEMENT AGREEMENT. "Public Drainage and Utility Easement Agreement means those public drainage and utility easements within the Development Property that benefit the City. 1.35. PUBLIC SITE IMPROVEMENTS. "Public Site Improvements" means and includes, individually and collectively, all the improvements identified on Exhibit C and in Article 3. 1.36. PUD. "PUD" means the Planned Unit Development for the Development Project as approved by the City on November 17, 2020, or as it may be amended. 1.37. REGIONAL STORM WATER SYSTEM IMPROVEMENTS. "Regional Storm Water System Improvements" has the meaning ascribed in Section 4.2. 1.38. TAX ABATEMENT AGREEMENT. "Tax Abatement Agreement" means that certain Tax Abatement Agreement dated [ ,] 2020 between City and Developer. The Tax Abatement Agreement, or as it may be amended, is wholly incorporated in this Development Agreement by reference. 1.39. TAX ABATEMENT SUM. "Tax Abatement Sum" has the meaning ascribed in Section 3.3. 1.40. TRUNK UTILITY EXTENSION. "Trunk Utility Extension" has the meaning ascribed in Section 3.2(a). 1.41. UNAVOIDABLE DELAYS. "Unavoidable Delays" means delays which are the direct result of adverse weather conditions; Acts of God; pandemics; strikes or other labor troubles; fire or other casualty to the Development Project; litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays; or, except those of the City 6 reasonably contemplated by this Development Agreement, any acts or omissions of any federal, State or local governmental unit which result in delays in construction of the Development Project, or any other delays caused by reasons outside of the reasonable control of Developer. 1.42. UTILITY COMPANIES. "Utility Companies" means and includes, jointly and severally, the following: a) Utility companies, including electric, gas and cable; b) Pipeline companies. 1.43. WAIVER SUM. "Waiver Sum" has the meaning ascribed in Section 3.3. ARTICLE 2 FINAL PLAT & PUD APPROVAL 2.1. FINAL PLAT AND PUD APPROVAL. The Council approved the Final Plat and PUD on November 17, 2020. Conditions contained in the City Council Resolutions for the Final Plat and PUD (such Resolutions/Conditions are attached as Exhibit J) shall be considered a condition of this Development Agreement. 2.2. RECORDING OF FINAL PLAT. The Developer shall record the Final Plat, Public Drainage and Utility Easement Agreement, and this Development Agreement with the Washington County Recorder. No building permits shall be issued unless the Developer shows evidence to the City that the Final Plat, Public Drainage and Utility Easement Agreement, and this Development Agreement have been recorded with the County Recorder, however, demolition and grading permits may be issued prior to the above conditions being met. 2.3. PUBLIC DRAINAGE AND UTILITY EASEMENT AGREEMENT. Except as provided in Section 4.2 below, Developer shall execute drainage and utility easements by an acceptable recordable document as approved by the City and Developer. In Developer's discretion and subject to City's approval, which will not be unreasonably withheld, the Public Drainage and Utility Easement Agreement may be amended from time to time to accommodate changes in the Development Plans 2.4. AMENDMENT OF OFFICIAL CONTROLS. During the term of this Development Agreement, Developer shall be allowed to rely on and develop the Development Property pursuant to the official controls articulated in the Comprehensive Plan, which guides the development of the Development Property the HMU Zoning District that was effective as of the Effective Date, and the Final Plat and PUD Resolutions, including the uses, development density, lot size, lot layout, setbacks, dedication or platting requirements or as permitted by the City Approvals and the Development Plans. During the term of this Agreement, changes or amendments to the Comprehensive Plan or official controls that impact the Development Property do not apply to the Development Project, unless such changes or amendments are less stringent, in which case, Developer may choose to apply the less stringent requirements, at Developer's sole discretion. 7 ARTICLE 3 PUBLIC SITE IMPROVEMENTS 3.1. PUBLIC SITE IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER. Developer shall construct and install, at its own cost initially but subject to reimbursement as provided herein, all of the Public Site Improvements identified on Exhibit C (regardless of whether such improvements are actually located on or off the Development Property site) in accordance with City standards for making public improvements. a) GROUND MATERIAL. The Developer shall ensure that adequate and suitable ground material shall exist in the areas of publicly -dedicated street and public utility improvements to be built by Developer per this Section, and shall guarantee the removal, replacement or repair of substandard or unstable material through the warranty period. b) ONSITE PUBLIC WATER AND SEWER. The Development Plans contemplate public water and sewer improvements on the Development Property, all of which are to be constructed by Developer or City as Public Site Improvements. c) MANNING AVENUE SOUTH. The Developer shall overlay/pave and possibly construct curb and gutter on the County -constructed gravel road (Manning Ave. S. from Linden Ave to the northern lot line of Lot 4, Block 2). If Developer completes the improvements described above in Sections 3.1(a), (b), and (c), the Developer's project costs for such improvements will be reimbursed fully by City upon substantial completion of the improvements. That amount of project costs (which will match the amount reimbursed by the City) will then be assessed to the Development Property as provided in Section 3.3 of this Development Agreement and Section A(4) of Exhibit G. The City and Developer have also entered into an Assessment Agreement, which is hereby incorporated into this Development Agreement by reference. 3.2. PUBLIC SITE IMPROVEMENTS TO BE CONSTRUCTED BY OTHERS. a) EXTENSION OF TRUNK UTILITIES. The City shall extend the City of Stillwater trunk utilities (water and sanitary sewer) from Curve Crest Boulevard north of State Highway 36 to the Development Property (the "Trunk Utility Extension"), making such utilities available to the Developer on the Development Property no later than November 30, 2022. The Developer's portion of project costs for the Trunk Utility Extension will be assessed to the Development Property as provided in the Assessment Agreement, Section 3.3 of this Development Agreement, and Section A(3) of Exhibit G. Notwithstanding anything contained herein to the contrary, if City does not perform as required under this Section 3.2(a), Developer may, in its sole discretion, complete the City's work required under this Section at City's cost. The City shall be required to pay Developer's contractor within 30 days of receipt of invoice for such 8 contractor's work in completing the extension of the trunk utilities. b) CSAH 15 PROJECTS. Developer and City are aware that the County has 1) a project related to the construction of a new interchange at Manning Ave. S., State Highway 36, and CSAH 15 (the "Interchange Project"); and 2) a project related to the construction of a new extension of CSAH 15 which will extend to the east and connect Manning Ave S. to Stillwater Blvd N (the "East-West Connection Project"). The Interchange Project is scheduled for construction in 2021 and the East-West Connection Project is scheduled for construction at a time yet to be determined, therefore, the actual costs of construction for both the Interchange Project and the East-West Connection Project are unknown at the time of the Effective Date. As CSAH 15 is a County road, the Interchange Project and the East-West Connection Project will be constructed by the County but requires a cost -share from the City. Developer understands and acknowledges that Developer i) shall pay up to, but not greater than, $423,727.00 of the City's portion of the construction costs for the Interchange Project as invoiced by County through an assessment against the Development Property, as provided in the Assessment Agreement, Section 3.3 of this Development Agreement, and Section A(1) of Exhibit G; and ii) shall pay up to, but not greater than, $1,200,000.00 of the City's portion of the construction costs for the East-West Connection Project, as invoiced by County, through an assessment against the Development Property, as provided in the Assessment Agreement, Section 3.3 of this Development Agreement, and Section A(2) of Exhibit G. Notwithstanding anything contained herein to the contrary, if County does not timely perform as contemplated under this Section 3.2(b), Developer may, in its sole cost and discretion but subject to reimbursement as provided under Section 3.1, complete either i) the County's work required under this Section pursuant to the County's plans; or ii) a 30' temporary access road as depicted in the Development Plans The Developer shall be required to grant a right of way easement to the City, for any such temporary access road. Such right of way easement in favor of the City will automatically terminate upon a County taking or a dedication of the County of any of the underlying land encumbered by the right of way easement. c) ASSESSMENTS. Any assessments contemplated by the Assessment Agreement or this Development Agreement, including those noted in Exhibit G, will be levied after substantial completion of the work related to such assessment, i.e. the assessment for the Interchange Project will be levied after substantial completion of the Interchange Project. The terms of the assessment will be as established in the Assessment Agreement. 3.3. FEES AND FINANCIAL INCENTIVES. The fees that will be imposed by the City and the financial incentives for the Development Project are identified on the Financial Incentive/Fee Schedule contained in Exhibit G. Notwithstanding anything contained herein or in Exhibit G to the contrary, the basis of the calculation detailed by the projections in Exhibit G will be as follows: Amounts expended by the City or the Developer for Public Site Improvements, regardless of who constructs such improvements, will be paid directly by the City or reimbursed by the City, as 9 applicable - then assessed to the lots in Central Commons as provided in the Assessment Agreement (that total, along with interest costs thereon, will be referred to as the "Assessment Sum"). The parties intend that the Assessment Sum will equal the total of the agreed -upon waiver of City -collected development fees (the "Waiver Sum") and tax abatement amount provided under the Tax Abatement Agreement for all phases of the Development Project (the "Tax Abatement Sum"). [Assessment Sum = Waiver Sum + Tax Abatement Sum] In addition, the Tax Abatement Agreement shall establish that the County portion of any tax abatement will be not be applied to the City's cost -share for the Interchange Project or the East-West Connection Project. 3.4. ANDERSON PARCEL. If the Anderson Parcel is annexed to the City of Stillwater, the Anderson Parcel may be serviced by the Trunk Utility Extension, provided that a portion (a percentage to be agreed upon by the Developer and City) of any fees or assessments received shall be credited to Developer's share of Public Site Improvements assessed to Developer and Developer consents to such extension and re -apportionment. ARTICLE 4 DEVELOPER IMPROVEMENTS 4.1. DEVELOPER IMPROVEMENTS. The Developer shall install, at its own cost but subject to reimbursement as provided herein, the Developer Improvements in accordance with the Development Plans and in accordance with the approvals of the City Council, and all ordinances and Final Plat and PUD resolutions of the City or any amendments thereto and any miscellaneous requirements on Exhibit D, attached hereto. 4.2. GRADING/DRAINAGE PLAN AND EASEMENTS. The Developer shall construct public drainage facilities adequate to serve the Development Project in accordance with the Development Plans and the BCWD Permit (of which the temporary storm ponds and piping, site feeders and main trunk lines and storm ponds, filtration, basins, engineering, inspections, and interest thereon constitute the "Regional Storm Water System Improvements"). The Developer agrees to grant to the City, through the BCWD-required declaration, all necessary easements for the preservation, operation, and maintenance of the drainage system and for drainage basins. The Developer shall enter into the Public Drainage and Utility Easement Agreement and any other easement agreements and stormwater management agreements with the City that are deemed necessary to fulfill the obligations of this Agreement. The grading and drainage plan shall include lot and building elevations, drainage swales to be sodded, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform to the BCWD Permit. The grading of the site shall be completed in conformance with the Development Plans, subject only to such design criteria and engineering design and construction specifications as are used in the Development Plans notwithstanding any amendment or change to City standards for development subsequent to approval of the Final Plat. The Developer's project costs for the Regional Storm Water System Improvements will be reimbursed fully by City upon substantial completion of such improvements. That amount of project costs (which will match the amount reimbursed by the City) will then be assessed to the Development Property as provided in the Assessment Agreement, Section 3.3 of this Development Agreement, and Section A(5) of Exhibit G. 10 4.3. GRADING OF PUBLIC STREETS. As part of each phase, the Developer will grade, in accordance with the City -approved grading plan, all public streets, boulevards, driveways, temporary roadway (if applicable) and other public lands, if any, shown and designated as the Developer's responsibility in such grading plan. If the Developer does not timely perform the work required by this Section 4.3, the City will complete all work required of the Developer. The Developer will be financially responsible for payments for this work, which will be assessed as provided in Section 16.2. The Developer is not responsible for the Interchange Project or the East-West Connection Project, except as stated in Section 3.2(b) or as provided in Section 4.9 to create a temporary access. 4.4. PUBLIC STREET MAINTENANCE. Developer is responsible for maintenance, upkeep and repair of all publicly dedicated streets that Developer constructs contained within the Final Plat from initiation of construction through final acceptance by the City. 4.5. STREET SWEEPING. The Developer is responsible for the removal of all construction debris and earth materials within the public right-of-way typically resulting from construction activities. The City will inspect the roadways to ensure the Developer is keeping all public roadway surfaces clean. If any portion of a public roadway surface is found in an unacceptable condition, the City will have appropriate equipment dispatched to the site and all reasonable costs associated with the clean-up effort will be billed to the Developer. 4.6. BOULEVARD AND AREA RESTORATION. The Developer shall seed all boulevards and restore all areas disturbed by the development grading operation in accordance with the approved phased erosion control plan and BCWD Permit, over the entire Final Plat. Upon request of the City Engineer and upon approval by BCWD, the Developer shall remove the silt fences after grading and construction have occurred. 4.7. TRAIL AND RETAINING WALLS. Developer shall construct all private trails and private sidewalks and private retaining walls identified as Developer's responsibility on the Development Plans. Developer shall enter into any easement agreements with the City that are deemed necessary to fulfill the obligations of this Section. 4.8. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR DURING CONSTRUCTION. The Developer shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to the Final Plat resulting from the grading or building on the land within the Final Plat by the Developer or its agents, and shall restore to the City's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the City's specifications any damage to bituminous surfacing resulting from the use of construction equipment. Furthermore, the Developer shall maintain reasonable access to any occupied buildings within the Final Plat, including necessary street maintenance such as grading, graveling, patching and snow removal prior to permanent street surfacing. For streets that have been constructed by the Developer or constructed by others but are required to maintain reasonable access to any occupied buildings, the Developer agrees to perform and assume all responsibilities relating to snow removal and ice control, 11 if such streets have not been accepted for winter maintenance by the City Engineer by October 15, or later if approved by the City's Public Works Director. Completion of the work described in this paragraph shall be completed within fifteen (15) days after notice by the City to the Developer that repair, or restoration is required. 4.9. OCCUPANCY AND ACCESS. No building permit for any lot shall be issued until the Developer has -built a temporary 30' Class V gravel road 6" base access road to access that lot or such other design (i.e., as approved in Section 3.2(b) above) as is acceptable to the City Engineer. No certificate of occupancy for any lot within the Final Plat shall be issued until: a) all water and sanitary sewer improvements are installed and found acceptable by the City Engineer, and b) the first lift of street pavement has been installed and found acceptable by the City Engineer, or alternative access has been provided that is acceptable to the City Engineer. Furthermore, the Developer is responsible for the construction and cost of constructing any necessary temporary bituminous roadway before the public roadway is constructed and shall maintain reasonable access to any occupied buildings, including necessary street maintenance prior to permanent street improvements that are accepted by the City. 4.10. VEGETATION. The Developer shall comply with City ordinances and policies related to preservation of vegetation and trees. 4.11. LANDSCAPING. The Developer is responsible for installing all landscaping improvements within the lots as depicted on the Developer's Plans in a timely manner 4.12. EROSION CONTROL. The Developer shall provide and follow a plan for erosion control and pond maintenance in accord with the Best Management Practices (BMP) as delineated in the Minnesota Pollution Control Agency handbook titled Water Quality in Urban Areas and a grading permit from the City and BCWD. Such plan shall be detailed on the Development Plans and shall be subject to approval of the City Engineer and BCWD. The Developer shall install and maintain such erosion control structures as shown on the Development Plans and as required by the BCWD Permit. The Developer shall be responsible for all damage caused as the result of non -compliant grading and excavation by Developer within the Final Plat including, but not limited to, restoration of existing control structures and clean-up of public right-of-way, until all lots are final graded and improvements are completed. As a portion of the erosion control plan, the Developer shall seed or sod any disturbed areas in accordance with the Development Plans After the site is rough graded, the Developer must provide erosion control devices that are reasonably required by the BCWD Permit. The parties recognize that time is of the essence in controlling erosion. If the Developer does not provide erosion control as required by the BCWD Permit, the City may, after a twenty-four (24) hour written notice to Developer, take appropriate action to control erosion. The City may, if no correction action is taken by Developer within 24 hours of such written notice, a) draw upon any posted financial guarantee to pay costs incurred by the City in controlling erosion within the Final Plat, or b) at the City's option, assess the additional costs incurred as part of the Developer Improvements. 4.13. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The Developer must not transfer or assign its responsibility to perform the requirements of Street Sweeping, Street Signs, Street Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control without the City's consent. Notwithstanding the foregoing, it is agreed that Developer may transfer its 12 responsibility for sod installation without consent, provided Developer remains liable for the performance thereof and it is understood and agreed that upon transfer of the NPDES permit to the Builder or buyer of an individual lot, all responsibilities subsumed under the said NPDES permit specific to the subject lot shall, thereafter, be the Builder's responsibility and not Developer's responsibility. 4.14. WEED/GRASS MAINTENANCE. With respect to each lot within the Development Property that corresponds with an issued building permit, once a building permit is issued, Developer must not allow or permit, excluding land deeded to the City for public purposes, any weeds, grass, brush, or other rank vegetation to a height greater than eight (8) inches, or permit any accumulation of dead weeds, grass or brush. In the event the Developer fails to comply with this provision, the City may give the Developer notice to cut or remove material in violation of this paragraph. All costs of cutting or removing incurred by City must be paid by Developer or assessed against the property that is in violation. ARTICLE 5 PARK DEDICATION CONTRIBUTION REQUIREMENTS 5.1. PARK DEDICATION. In consideration of the public infrastructure costs to be paid by the Developer, the City has waived 50% of the park dedication fees accompanying all phases of this Development Project. An analysis of the waivers and offsetting costs is attached as Exhibit G. ARTICLE 6 PERMITS, LICENSES AND OTHER APPROVALS 6.1. PERMITS. The Developer shall obtain all necessary approvals, permits and licenses from the City, the Other Regulatory Agencies and the Utility Companies, as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be determined prior to completion and incorporated into the Development Plans All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer. The Developer shall defend and hold the City harmless from any action initiated by the Other Regulatory Agencies and the Utility Companies resulting from Developer's failure to obtain necessary permits or licenses. ARTICLE 7 OTHER DEVELOPMENT REQUIREMENTS 7.1. TAX ABATEMENT AGREEMENT. Contemporaneous with the approval and execution of this Development Agreement, the City will enter into a Tax Abatement Agreement with the Developer in accordance with the terms provided in Exhibit G. The Tax Abatement Agreement is hereby incorporated into this Development Agreement by reference, will include abatement of both City taxes and County taxes (and potentially the school district taxes), and will include tax abatement for subsequent phases as -built in the 20-year timeframe, all as referenced in the Tax Abatement Agreement. 13 7.2. EXISTING MAINTENANCE SHED LOCATED ON OUTLOT C. Developer, or its successors and assigns, is allowed use of the existing maintenance shed, apron, and surrounding property located on Outlot C and as shown on the Development Plans. Such shed will be considered a legal non -conforming use and can be repaired, replaced and improved, but not expanded, except as set forth in the Development Plans. 7.3. MISCELLANEOUS REQUIREMENTS. Building construction and general construction activities are limited to Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturday between the hours of 9:00 AM and 7:00 PM. Site grading/excavation and street and utility construction activities are limited to Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturday between the hours of 9:00 AM and 7:00 PM. ARTICLE 8 DEVELOPER CONTINGENCIES 8.1 DEVELOPER'S CONTINGENCIES. DEVELOPER obligations to perform under this Development Agreement are contingent upon the following: a) Developer's approval and execution of 1) the Tax Abatement Agreement, 2) the Assessment Agreement, 3) the Escrow Agreement, and Developer's approval of the projected Fees/Financial Incentives, in the form attached hereto as Exhibit G; b) Obtaining all governmental approvals and permits necessary for the construction of the Development Project; c) Testing results satisfactory to Developer, including, but not limited to soils, wells, engineering, hazardous waste and environmental review, which includes an EAW; d) Approval of an ordinance amendment establishing the Highway Mixed Use District and a corresponding Comprehensive Plan amendment that includes the Development Property; e) City's timely completion of the Trunk Utility Extension from Curve Crest Boulevard to the Development Property. ARTICLE 9 RESPONSIBILITY FOR COSTS 9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. Except as reimbursed pursuant to the terms herein or otherwise provided in this Development Agreement to the contrary, the Developer shall pay for the Developer Improvements and those Public Site Improvements to be completed by Developer as described in Section 3.1 and Article 4; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the City shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the contract or subcontract. 14 With respect to the work described in Section 3.1, subject to reimbursement as described herein, the Developer is responsible for contracting and paying for reasonable street and utility testing costs. The City's designated inspector on the Development Project will coordinate the street and utility testing activities. All testing reports shall be sent to the City with a copy to the Developer. 9.2. MISCELLANEOUS AND IMPACT FEES. In consideration of the public infrastructure costs to be paid by the Developer, the City has partially waived any Developer contribution to miscellaneous costs and impact fees incurred or to be incurred by the City in connection with this Development Project. An analysis of the waivers and offsetting costs is attached as Exhibit G. 9.3. ENFORCEMENT COSTS. Provided that City gives Developer a thirty (30) day written notice of the estimated enforcement costs prior to the City incurring such costs, the Developer shall pay the City for reasonable costs incurred in the enforcement of this Development Agreement, including engineering costs and reasonable attorneys' fees. 9.4. TIME OF PAYMENT. Developer shall pay reasonable costs delineated in bills from the City within thirty (30) days after billing. Bills not paid within thirty (30) days of Developer's receipt of Formal Notice of non-payment shall bear interest at the rate of eight percent (8%) per year. ARTICLE 10 DEVELOPER WARRANTIES 10.1. STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby warrants and represents the following: a) AUTHORITY. Developer is the fee title Owner of the Development Property in the Final Plat and has the right, power, legal capacity and authority to enter into and perform its obligations under this Development Agreement, and no approvals or consents of any persons are necessary in connection with the authority of Developer to enter into and perform its obligations under this Development Agreement. b) NO DEFAULT. Developer is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this Development Agreement. Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this Development Agreement by Developer or prohibit any of the transactions provided for in this Development Agreement. c) PRESENT COMPLIANCE WITH LAWS. To its knowledge, Developer has complied with and is not in violation of current applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the Final Plat and the Development Plans and the Developer Improvements; and Developer is not aware of any pending or threatened claim of any such violation. 15 d) CONTINUING COMPLIANCE WITH LAWS. Subject to Section 2.4 above, Developer will comply with all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the Final Plat and the Development Plans and the Developer Improvements. e) NO LITIGATION. Other than the potential condemnation/dedication related to the Interchange Project and the East-West Connection Project, there is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting Developer or the Final Plat or the Development Plans or the Developer Improvements. Developer is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. f) FULL DISCLOSURE. None of the representatives and warranties made by Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by Developer or on its behalf intentionally contains or will contain any untrue statement of material fact or intentionally omit any material fact the omission of which would be misleading. Any unintentional untrue statements or omissions shall be corrected or cured within thirty (30) days after the Developer receives Formal Notice or obtains knowledge of such error, unless an extension is granted by the City. g) PLAT COMPLIANCE. As of the date of approval by the City, to Developer's knowledge the Final Plat and the Development Plans comply with all City, County, metropolitan, state and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances and environmental regulations. h) WARRANTY ON PROPER WORK AND MATERIALS. The Developer warrants all work required to be performed by it under this Development Agreement against defective material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. The Developer shall be solely responsible for all costs of performing repair work required by the City within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one year after planting. Any replacements shall be similarly warranted for one year from the time of planting. The warranty period for street and drainage and erosion control improvements shall be for two (2) years after completion and acceptance by the City; the warranty for the street, drainage and erosion control improvements shall also include the obligation of the Developer to repair and correct any damage to or deficiency with respect to such improvements. i) OBTAINING PERMITS. The Developer shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the Developer Improvements may be lawfully constructed. A list of the City permits, licenses, and approvals required is identified on Exhibit E. 16 ARTICLE 11 [INTENTIONALLY BLANK] ARTICLE 12 CITY WARRANTIES 12.1. STATEMENT OF CITY WARRANTIES. The City hereby warrants and represents as follows: a) ORGANIZATION. City is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. b) AUTHORITY. City has the right, power, legal capacity and authority to enter into and perform its obligations under this Development Agreement. ARTICLE 13 REPRESENTATIVES NOT INDIVIDUALLY LIABLE; INDEMNIFICATION 13.1. CITY INDEMNIFICATION. The City and its officers, agents, servants and employees shall not be liable for any damage or injury to the Developer, or its successors, transferees, or assigns, or its officers, agents, servants or employees, or the Development Property, due to any act of negligence by any person other than the officers, agents, servants and employees of the City. Except for any willful or wanton misconduct or unlawful or fraudulent acts, the Developer agrees to indemnify and to hold the City harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Development Agreement, or the transactions contemplated hereby or the construction, installation, ownership, and operation of any public or private improvements authorized hereunder. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Development Agreement. 13.2. DEVELOPER INDEMNIFICATION. The Developer and its successors, transferees or assigns, or its officers, agents, servants and employees shall not be liable for any injury to the City, its officers, agents, servants or employees, due to any act of negligence by any person other than the Developer, its successors, transferees or assigns or its officers, agents, servants and employees. Except for any willful or wanton misconduct or unlawful or fraudulent acts, the City agrees to defend the Developer and its successors, transferees or assigns or its officers, agents, servants and employees, and to indemnify and to hold the same harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Development Agreement, or the transactions contemplated hereby or the construction, installation, ownership and operation of any public or private improvements authorized hereunder. No officer, agent, servant or employee of the Developer shall be personally liable to the City or its officers, agents, servants or employees in the event of any default or breach by the Developer of any obligation or term of this Development Agreement. 17 13.3. NOTICE. Within a reasonable period of time after the indemnified party's receipt of actual notice of any matter giving rise to a right of payment against the other party pursuant to Sections 13.1 or 13.2, the indemnified party shall give the Formal Notice in reasonable detail to the indemnifying party. The indemnifying party shall not be obligated to make any payment to the other party for any such claim until the passage of thirty (30) days from the date of its receipt of Formal Notice from the indemnified party, during which time the indemnifying party shall have the right to cure or remedy the event leading to such claim. ARTICLE 14 CITY REMEDIES UPON DEVELOPER DEFAULT 14.1. CITY REMEDIES. If a Developer Default occurs, that is not caused by Force Majeure, and continues without cure, the City shall give the Developer Formal Notice of the Developer Default and the Developer shall have thirty (30) days to cure the Developer Default, unless such default cannot be cured or remedied within thirty (30) days, in which case the period for remedy or cure shall be extended for a reasonable time, provided the Developer has made and continues to make a diligent effort to effect such remedy or cure. If the Developer, after Formal Notice to it by the City, does not cure the Developer Default, then the City may avail itself of any remedy afforded by law and any of the following remedies: a) the City may specifically enforce this Development Agreement; b) the City may suspend any work, improvement or obligation to be performed by the City until the City receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under the Development Agreement; c) the City may draw on the cash deposit in escrow pursuant to Article 15 hereof and in accordance with the terms of the Escrow Agreement; d) the City may suspend or deny building and occupancy permits for buildings within each individual lot of the Final Plat associated with such default; e) the City may, at its sole option, perform the work or improvements to be performed by the Developer, in which case the Developer shall within thirty (30) days after written billing by the City reimburse the City for any costs and expenses incurred by the City. In the alternative, the City may in whole or in part, specially assess any of the costs and expenses incurred by the City; and the Developer hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting therefrom, including, but not limited to, notice and hearing requirement and any claim that the special assessments exceed benefit to the Final Plat. The Developer hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 14.2. DEVELOPER REMEDIES. If the City defaults in the performance of any of its obligations under this Development Agreement, the Developer shall give the City notice of such 18 default and the City shall have 30 days to cure the default. If the City, after the notice to it by the Developer, does not cure the default within such 30 day period, or such longer period as may be necessary if the default may not reasonably be cured within such 30 day period, provided the City pursues the cure with reasonable diligence, the Developer may avail itself of any remedies afforded by law and any of the following non-exclusive remedies: a) the Developer may specifically enforce this Development Agreement, including without limitations the use of temporary restraining orders, temporary injunctions and permanent injunctions; b) the Developer may suspend its performance under this Development Agreement until it receives assurances from the City, deemed adequate by the Developer, that the City will cure its default and continue performance under this Development Agreement; c) the Developer may terminate or cancel and rescind this Development Agreement and terminate the Escrow Agreement and recover any financial assurances held by Land Title for the benefit of the City; and d) if the City's default is the failure to perform one or more of its monetary obligations under this Development Agreement, the Developer may commence an action against the City for monetary damages. 14.3. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this Development Agreement is breached by one of the parties and thereafter waived in writing by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the City or Developer must be in writing. 14.4. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the parties shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the Development Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 14.5. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof relating to Formal Notice to the Developer in case of a Developer Default and notwithstanding the requirement contained in Section 14.1 hereof relating to giving the Developer a right to cure the Developer Default, in the event of an emergency as determined by the City Engineer, resulting from the Developer Default, the City may perform the work or improvement to be performed by the Developer without giving any notice or Formal Notice (provided, however, that the City Engineer must attempt to give verbal or written notice to Developer) to the Developer and without giving the Developer the right to cure the Developer Default. In such case, the Developer shall within thirty (30) days after written billing by the City reimburse the City for any and all costs incurred by the City. 19 In the alternative, the City may, in whole or in part, specially assess the costs and expenses incurred by the City; and the Developer hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting therefrom, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed benefit to the Final Plat. ARTICLE 15 FINANCIAL OBLIGATIONS 15.1. DEVELOPER'S FINANCIAL ASSURANCE ESCROW. Pursuant to the Escrow Agreement, the Developer shall deposit with Land Title the cash escrow amount required under the Escrow Agreement. All cost estimates shall be reasonably acceptable to the City Engineer. The terms of the Escrow Agreement will serve to secure compliance by the Developer with the terms of this Development Agreement. The City may draw down on the cash deposit, with prior notice as required under the Escrow Agreement and, if applicable, with the prior notice as required in Section 14.1 relating to a Developer Default, for any of the following reasons: a) a Developer Default; or b) upon the City receiving notice that Land Title has not timely received the funds to be provided by Developer under the Escrow Agreement. If City draws on the cash deposit, the City shall use the cash deposit proceeds to reimburse the City for its costs and to cause the Public Site Improvements to be constructed to the extent practicable; if the City Engineer determines that such Public Site Improvements have been constructed, the remaining proceeds shall be distributed to the Developer. For the avoidance of confusion in this regard, the amount of cash deposit allocated to the City may be reduced periodically (monthly) pursuant to the terms of the Escrow Agreement. 15.2. DEVELOPER'S CASH FEES AND CASH ESCROW REQUIREMENTS. At the time that the Development Agreement is approved, Developer shall deposit cash and cash escrows with Land Title for those items and in the amounts required in the Escrow Agreement. 15.3. BUILDER'S CASH FEES AND CASH ESCROW REQUIREMENTS. Any building permit fees or escrows that City may otherwise require from Builder have been incorporated into the terms of the Escrow Agreement. ARTICLE 16 MISCELLANEOUS 16.1. CITY'S DUTIES WITH RESPECT TO DEVELOPER IMPROVEMENTS. The terms of this Development Agreement shall not be considered an affirmative duty upon the City to complete any Developer Improvements. 20 16.2. ADDITIONAL IMPROVEMENTS. If the Developer fails to construct the Developer Improvements, the City at its option, may install and construct the Developer Improvements. In such case, the City, at its option, may specially assess the cost wholly or in part therefore under the terms of the Assessment Agreement and pursuant to Minnesota Statutes Chapter 429, or may draw on the escrowed cash deposit pursuant to the Escrow Agreement. If the City, after provided Developer with reasonable notice and an opportunity to be heard, specially assesses the cost of any portion thereof, then the Developer will acknowledge that the benefit from the improvements equal or exceed the amount of the special assessments. 16.3. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the City under this Development Agreement. 16.4. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Development Agreement. 16.5. RECORDING. The Development Agreement, Public Drainage and Utility Easement Agreement, and Final Plat shall be recorded with the County Recorder and the Owner and Developer shall provide and execute any and all documents necessary to implement the recording. 16.6. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable Development Agreement shall run with the land in the Final Plat and shall be binding upon the successors and assigns of the Developer. This Development Agreement shall also run with and be binding upon any after acquired interest of the Developer in the land made the subject of the Final Plat. 16.7. CONTRACT ASSIGNMENT. The Developer may not assign any portion of this Development Agreement without the prior written consent of the City, which approval will not be unreasonably withheld. In such case, the third -party buyer will be required to accept and assume all contractual and financial responsibilities provided in this Development Agreement for the applicable lot or lots of the Development Property. Upon satisfaction of the above requirements by such third - party buyer, the Developer's obligations hereunder shall terminate. Absent approval of the City, the Developer's obligations hereunder shall continue in full force and effect, even if the Developer sells one or more lots, the entire Plat, or any part of it. Notwithstanding the foregoing, if Central Commons, LLC sells certain lots within the Development Property to Hy-Vee Inc. ("Hy-Vee"), Central Commons, LLC may without the prior written consent of the Council assign portions of the privileges and obligations under this Development Agreement to Hy-Vee. Upon assumption of all of Developer's unfulfilled Development Agreement obligations by Hy-Vee pursuant to an assignment and assumption agreement reasonably approved by City's attorney, the Developer's obligations hereunder shall bifurcate and Hy-Vee shall be responsible for such assumed obligations. Developer shall provide the City with a copy of the assignment and assumption agreement. 21 16.8. COMMENCEMENT AND COMPLETION OF CONSTRUCTION. Subject to Unavoidable Delays, the Developer shall commence demolition, grading, or construction by December 31, 2022. Subject to Unavoidable Delays, the Developer shall have substantially completed the construction of the Development Property no later than December 31, 2032. All work with respect to the Development Project to be constructed or provided by the Developer on the Development Property shall be in substantial conformity with the Development Plans 16.9. CERTIFICATE OF COMPLETION; RELEASE OF ENCUMBRANCE. a) After substantial completion of the Developer Improvements on a specific lot or lots on the Development Property in accordance with the Development Plans and all terms of this Development Agreement, the City will furnish Developer (or its successor) with a Certificate of Completion in the form of Exhibit I hereto. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Development Agreement with respect to the obligations of Developer to construct the Developer Improvements and shall operate to remove this Development Agreement as an encumbrance on the title of the lot or lots to which the Certificate of Completion applies. b) The Certificate of Completion provided for in this Section 16.8 shall be in such form as will enable it to be recorded in the proper county office in Washington County, Minnesota for the recordation of deeds and other instruments pertaining to the Development Property. If the City shall refuse or fail to provide such certification in accordance with the provisions of this Section 16.8, the City shall, within thirty (30) days after written request by Developer, provide Developer with a written statement, indicating in adequate detail in what respects Developer has failed to complete the Developer Improvements in accordance with the provisions of the Development Agreement, or is otherwise in default of a material term of this Development Agreement, and what measures or acts will be necessary, in the reasonable opinion of the City, for Developer to take or perform in order to obtain such certification. 16.10. AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this Development Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Development Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Development Agreement, waive compliance by another with any of the covenants contained in this Development Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Development Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Development Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 16.11. GOVERNING LAW. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 22 16.12. COUNTERPARTS. This Development Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 16.13. HEADINGS. The subject headings of the paragraphs and subparagraphs of this Development Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 16.14. INCONSISTENCY. If the Development Plans are inconsistent with the words of this Development Agreement or if the obligation imposed hereunder upon the Developer are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the Developer shall prevail. 16.15. ACCESS. The Developer hereby grants to the City, its agents, employees, officers, and contractors a license and right of entry to enter the Development Property to perform all work and inspections deemed appropriate by the City during the installation of Developer Improvements and Public Site Improvements. [The remainder of this page was intentionally left blank.] 23 IN WITNESS WHEREOF, the parties have executed this Development Agreement. CITY: CITY OF STILLWATER By: Ted Kozlowski Its Mayor By: Beth Wolf Its City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2020, 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 24 DEVELOPER/OWNER: CENTRAL COMMONS, LLC By: Summit Management, LLC Its: Sole Member By: Mark Lambert Its: Chief Manager STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2020, before me a Notary Public within and for said County, personally appeared Mark Lambert, to me personally known, who being by me duly sworn, did say that he is the Chief Manager of Summit Management, LLC, a Minnesota limited liability company, the Sole Member of Central Commons, LLC, a Minnesota limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity by authority of its Sole Member and said Mark Lambert acknowledged said instrument to be the free act and deed of the entity. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 (651) 451-1831 25 EXHIBIT A DEVELOPMENT PROPERTY Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally described as: Lot 1, Block 1, Central Commons Addition Lots 1-4, Block 2, Central Commons Addition Outlots A-F, Central Commons Addition A-1 EXHIBIT B FINAL PLAT [Must update] }}} COMMONS ADDITION CENTRAL m am,NMGe3 %1 3 mo o } §;§ M ! ■ ) l;lr ,R§ §t §| 2» r B-1 EXHIBIT C PUBLIC SITE IMPROVEMENTS TO BE COMPLETED BY DEVELOPER Site Improvement Sanitary Sewer Storm Sewer and Stormwater System, including but not limited to the Regional Storm Water System Improvements Watermain Public Streets to be paved/overlaid by Developer (Manning Ave. S. from Linden Ave to the northern lot line of Lot 4, Block 2) and construction of the temporary access road (if necessary), located approximately in the corridor of the East-West Connection Project. Grading Erosion Control C-1 EXHIBIT D MISCELLANEOUS REQUIREMENTS AND CONDITIONS IMPOSED BY THE CITY 1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT TO BE RECORDED. a) Planning Fees. As specified in the Escrow Agreement, Developer must fully pay the City all planning, engineering review and legal fees that have been incurred up to the date of approval of this Development Agreement. 2) GRADING/DEMOLITION PERMITS. Grading and demolition permits may be obtained at any time provided that the grading will comply with the conditions of the BCWD Permit. 3) BUILDING PERMITS. No building permits may be obtained until: a) All the conditions in Paragraph 1 of this Exhibit D have been met. b) Financial Assurances/Escrow. Developer must execute the Escrow Agreement, which requires Developer to deposit funds with Land Title in the amounts required under this Development Agreement. c) Restrictive Covenants. Developer has executed a restrictive covenant requiring that Outlot C must be owned by the owner of Lot 4, Block 2, or alternatively an association has been created by Developer for the ongoing maintenance of the Regional Storm Water System. d) Temporary Easements for Trail Construction. Developer has executed the following easement agreements for purposes of the construction of trails: (i) Temporary Easement with the County for construction of a trail in the Right of Way along County Road 15. (ii) Temporary Easement with the City for construction of a trail along the west side of Lot 4, Block 2 and Outlots A and B. e) BCWD Declaration. Developer has executed a declaration as required by the BCWD Permit. f) Retaining Walls. Developer has executed the necessary agreements with the City for construction and the maintenance of retaining walls, if any. D-1 g) All storm water ponds and associated drainage features including storm sewer and drainage swales are scheduled to be installed on a date mutually acceptable to City Engineer and Developer; h) The following documents have been recorded: • Final Plat • Development Agreement • Public Drainage and Utility Easement Agreement • The Declaration required under the BCWD Permit • Easements for public sewer and water utilities • Restrictive Covenant against Outlot C or an association has been created and is responsible for the maintenance of the Regional Storm Water System • Retaining Wall Easements or Maintenance Agreements, as required by the City 4) CERTIFICATES OF OCCUPANCY. Prior to issuance of any permanent certificate of occupancy (but not temporary certificates of occupancy), all the following conditions must be satisfied: a) All the conditions listed in Paragraphs 1 and 3 of this Exhibit D must be satisfied. b) The base course of bituminous for the streets serving the lot must be constructed by the Developer and approved by the City and determined by the City to be available for use. c) The utilities have been installed. d) As -built surveys (with respect to the public utilities) have been received by the City. e) Developer has recorded a temporary right of way easement for Outlot E, if necessary. 5) EROSION CONTROL. Developer is responsible for erosion control per the BCWD Permit throughout the Final Plat until all phases in the Final Plat are built upon in each of the lots in the Final Plat. 5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING PROPERTY. The escrow amount stated in the Escrow Agreement shall include a reasonable and appropriate amount as determined by the Director of Public Works to ensure that the Developer removes any construction debris from streets adjoining the Final Plat and from private properties that adjoin the Final Plat. During the construction of the improvements within the Final Plat, the Developer is responsible for removing any construction debris (including roofing materials, paper wrappings, construction material and other waste products resulting from construction) that may be blown from the construction site into adjoining private properties or into City streets or that may fall from delivery trucks onto adjoining private properties or City streets. Further, during construction, the Developer must clear the City streets of any dirt or other earthen material that may fall onto the City streets from the delivery trucks that are being used in the excavation and grading of the site. D-2 6) SIDEWALK SNOW REMOVAL AND TRAIL MAINTENANCE. The City shall provide snow removal and maintenance of public transportation trails along the west side of Lot 4, Block 2 and Outlots A and B that are located in the right of way. Unless provided by the County or otherwise agreed, Developer shall provide snow removal and maintenance of all sidewalks and trails located within the Development Property, including the sidewalks on the south side of CSAH 15. D-3 EXHIBIT E PERMITS, LICENSES AND OTHER APPROVALS 1. Any licenses or permits required by the Minnesota Depat lwent of Health. 2. NPDES Permit from the MPCA. 3. The BCWD PERMIT. 4. Right of Way Permit from the City, County or State of Minnesota. 5. Grading Permit from the City. 6. Any contractor licenses from the City or the State of Minnesota. 7. Building Permits from the City. 8. Electrical Permits from the City. 9. Utility permits that may be required from the City, State of Minnesota or any utility company. E-1 EXHIBIT F FORM OF ESCROW AGREEMENT F-1 Exhibit G Central Commons /City of Stillwater/Washington County Estimated Public/Private Infrastructure Development Costs Credits to Developer Draft of December 7, 2020 From October 28, 2019 Pre -Annexation Agreement: TAX ABATEMENT. The City has reviewed the economic and fiscal benefits of the PUD, including the proposed real estate tax estimates as prepared on 7/25/19 by the Owner's consultant, attached hereto and incorporated herein as Exhibit G, along with the necessary approvals and related costs to develop the PUD, and finds it necessary to provide the Owner with financial incentives such as tax abatement and development fee reductions (e.g. AUAR Fees, Park Dedication Fees) in order to make extension of the public infrastructure financially feasible. The City will use its best efforts to utilize the appropriate financing tools to assist with the implementation of the PUD. Summary A. Estimated eligible costs for assessment to Central Commons 1) Manning /36 Interchange Project (including condemnation reimbursement) $423,727 2) Manning /CSAH 15 South Segment (East/West 58th Street) $1,200,000 3) Trunk Utility Extension $1,325,588 4) Public Water and Sewer to serve Hy-Vee and Stillwater Flats apartments $360,000 5) Regional Storm Water System (Infrastructure) $1,188,780 6) Developer Paid Engineering and Design fees for Public Site Improvements $400,000 Total $4,898,095 B. Estimated credits to Central Commons 1) Waiver of Central Commons development fees Phase I AUAR Fees (50% of standard $7,166/acre fee; 35 acres $125,405 Park Fee — Residential (50% of standard $1,500/unit fee; 200 units) $150,000 Trail Fee — Residential (50% of standard $500/unit fee; 200 units) $50,000 Park Fee — Commercial (50% of standard fee, which is 7.5% of land value) $47,108.50 Total $372,513.50 Phase II - TBD 2) Estimated Tax Abatement Phase I - Assumes 6/1/26 start, up to 20 years both City and County Abatement (15 if school district participates) Phase II - TBD G-1 $4,567,017.50 Total Credits $4,939,530.50 Details of Costs and Credits: Notwithstanding anything contained herein or in the Development Agreement to the contrary, the basis of the calculation detailed by the projections in this Exhibit G will be as follows: Amounts expended by the City or the Developer for Public Site Improvements, regardless of who constructs such improvements, will be paid directly by the City or reimbursed by the City, as applicable - then assessed to the lots in Central Commons as provided in the Assessment Agreement (that total, along with interest costs thereon, will be referred to as the "Assessment Sum"). The parties intend that the Assessment Sum will equal the total of the agreed -upon waiver of City -collected development fees (the "Waiver Sum") and tax abatement amount provided under the Tax Abatement Agreement for all phases of the Development Project (the "Tax Abatement Sum"). [Assessment Sum = Waiver Sum + Tax Abatement Sum] COSTS 1) Manning /36 Interchange Project: City costs (per 5/21/20 estimate from Washington County): City cost per County's cost sharing policy = $2,367,116 City Central Commons (35 of 95 ac.) Cost share of construction $1,943,389 $423,7271 2) Manning /CSAH 15 South Segment (East/West 58th Street): City costs per County policy (5/21/20 estimate from Washington County): Paving and Grading estimate Curb and Gutter estimate Trail/Sidewalk estimate Retaining Walls estimate Traffic Signal estimate Misc estimate Estimated Total This amount assessed to Central Commons G-2 $200,000 $150,000 $200,000 $ n/a $250,000 $100,000 $1,200,0003 3) Trunk Utility Extension Construction cost estimate: $2,400,000 Allocation based on the 35 acres to be developed in Central Commons $1,325,5882 4` Public Water and Sewer from project perimeter to Hy-Vee/Stillwater Flats3 $360,000 5) Regional Storm Water System (Infrastructure)8 BCWD/Westwood Cost Estimate $1,188,780 6) Developer Paid Engineering and Design fees for Public Site Improvements8 $400,000 Total estimated costs to be assessed to Central Commons $4,898,095 CREDITS 1) Waiver of development fees Phase I S.S. Waived AUAR Fees (35 acres at $7,166) $125,405 Water Access Charge $0 Park Fee — Residential 200 (or more) units $150,000 Trail Fee — Residential $50,000 Park Fee — Commercial 7.5% of land value $47,108.50 Total $372,513.50 Phase II — TBD 2 The total $1,325,588 to be assessed to Central Commons. 3 Initially installed by developer, assessed and reimbursed by City G-3 2) Estimated Tax Abatement Phase I Assumes 6/1/25 start, 20 years both City and County Abatement Phase II — TBD $4,567,017.50 Total Credits (waivers and abatement) $4,939,530.50 <This Exhibit may be incorporated by reference without recording EXHIBIT H HIGHWAY MIXED USED ZONING DISTRICT REGULATIONS SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-210(b) relating to Planned Unit Developments is hereby amended by: A. Adding the following subsection and renumbering each subsequent subsection: (7) Aggregate impervious coverage for a mixed -use PUD must not exceed the maximum lot coverage (impervious) standard for its underlying zoning district though individual lots may exceed the maximum. B. Replacing current subsection (11) with the following language: (12) A building setback from property which is adjacent to the PUD site and that is zoned or being used for a less intensive use must be at least equal to twice the proposed building's height, except in a Highway Mixed Use PUD, where the building setback must be no less than 50 feet. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-315 relating to allowable uses in Residential Zoning Districts is hereby replaced with the following: Sec. 31-315. - Allowable uses in residential districts. rALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM RR HMU 16 Single-family dwelling 1 P P P P P P P P P CUP P Two-family dwelling 1 P P 2 CUP Attached single-family dwelling or townhouse 3 CUP P Townhouse, row house, group house 1 P Multifamily dwelling4and condominiums CUP P Accessory dwelling (See Section 31-501) CUP P CUP P Duplex accessory unit (See Section 31-502) CUP Roominghouses 1 CUP Type I home occupation (See Section 31-500) P CUP P P SUP P P P CUP A CUP P CUP Type II home occupation (See Section 31-500) CUP CUP CUP CUP CUP CUP 1° CUP CUP CUP CUP H-1 Type III home occupation (See Section 31-500) CUP CUP Accessory building and use A A A 5 A A 6 A' A 8 A A A Public schools P CUP Elementary school CUP P CUP Public and private primary and secondary schools 9 CUP to CUP 9,10 Early childhood education CUP Parks, playgrounds and other open space areas P P P P P P P P P P Private recreation facility A A Church or other place of worship CUP 10 CUP 10 P CUP Cemeteries CUP 10 CUP 10 Hospital, nursing home or rest home CUP to CUP to Institutional building P CUP Bed & Breakfast (Type D Short Term Home Rental) CUP to p 11 CUP Short Term Home Rental; Type A and B P P P P P P P P P P P P P P Short Term Home Rental; Type C CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Off street parking & loading A A Agricultural uses P Agricultural produce sales P P 14 Commercial greenhouse P Fish hatcheries and aviaries P Fishing lakes and picnic groves 12 P Forest and wildlife reservations or similar facilities P Fur farming (raising fur bearing animals, excluding skunks and civet cats) P Riding academies or stables P Essential services P P P P P P P P P P P P P P Commercial uses not found objectionable by neighbors CUP Retail business of a corner store nature CUP CUP Senior care living facilities CUP CUP 13 CUP CUP1° Armory CUP 1° Municipal fire CUP 10 H-2 station Small Wireless Facilities Small Wireless Facilities in the Right -of -Way P P P P P P P P P P P P P Personal Outdoor Storage P 15 P = Permitted use CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. 1 Only one principal structure is allowed on a parcel. 2 Two-family dwelling allowed only on corner lots. 3 An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. 4 Dwelling units for three or more families on a single parcel. 5 Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a conditional use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 2 (performance standards for accessory dwelling units in CTR district). 6 Accessory structures in the TR district are subject to the regulations found in Section 31-503, Subd. 1 7 Accessory structures in the RB district are subject to the regulations found in Section 31-503, Subd. 2 8 Garage is limited to two stalls wide. 9Including accessory buildings and uses located upon property contiguous to that occupied by the main building. to CUP may only be issued by city council. 11 Must be located at least 900 feet from another bed & breakfast. 12 No concession or retail sales are permitted. 13 Senior care living facilities in the RA zoning district shall have a minimum property size of 5 acres. 14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers' markets or by delivery. 15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull -behind recreational vehicles, including, but not limited to, snowmobiles, all -terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. 16 Multi -family residential is an allowable use within this district, but shall not be the predominate use as determined by less than 30% of usable land area designated as multi -family use. SECTION 3. AMENDMENT. Stillwater City Code Chapter 31-325 relating to allowable uses in Non-residential Zoning Districts is hereby replaced with the following: Sec. 31-325. - Allowable uses in non-residential districts. ALLOWABLE USES ZONING DISTRICTS FCA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU Retail General retail business uses or service; local market 1 P CUP P CUP P General retail business uses or service; local and regional market P P P CUP CUP 19 P Specialty retail, incl. antique shops P P P Department store P P P P Drug store P P H-3 Retail: Food Eating establishments Services Interior decorating sales; sale of floor covering, paint, wallpaper, materials and objects of interior decorating P P P Appliances and furniture, sale of Household goods, sale of (including china) p P P P P P Books, magazines, newspapers, stationary; sale of P P Gifts, flowers, photographic supplies; sale of P P Tobacco products; sale of P P Hardware, sale of P P P Sporting goods; sale of P P Music store P P P Supermarket, retail food P CUP P P Baked goods, manufacture/retail sale of (<_ 5 persons employed) P P P Baked goods, manufacture/retail sale of (> 5 persons employed) CUP 2 P P Restaurants 3 P CUP CUP P CUP P Fast food outlet P P Tea rooms, deli, coffee shops, soda fountains, not including the sale of alcoholic beverages CUP P Outside eating establishments CUP P Drive-in or drive -through: restaurant, eating places or any other use involving a drive-in or drive -through activity CUP CUP CUP Barber or beauty shops P P P P Shoe repair shop P P Printing shop P P Photo processing CUP H-4 Banks Offices Automotive Entertainment Tailoring or pressing P P Laundry; agencies, self- service, full service, dry cleaning. P P P P Laundry employing > 5 persons CUP 4 CUP 4 Carpet, bag and rug cleaning CUP 4 CUP 4 Banks and financial institutions P P Office; general, business or professional P p CUP P P P P Offices; finance, insurance, editorial or real estate services P CUP P P P P Offices; administrative P P P Offices; business offices that are accessory to permitted uses on the site CUP P Office building P P Consultant services such as advertising, engineering, architects and designers CUP P Radio or television stations P CUP P Offices; medical and dental p CUP P P P P P Office display or sales space 6 P P Automotive sales, service and storage, excluding gasoline filling stations. (See Section 31-515 for performance standards) P Service stations or fuel sales (See Section 31-515 for performance standards) CUP CUP Gasoline filling station CUP 2 CUP2 Auto repair and related services CUP P 6 Commercial recreational uses CUP P Commercial recreational 1 CUP P H-5 entertainment Amusement and recreational establishments 7 P CUP CUP 74 P Outside entertainment, commercial 8 CUP P Outdoors Outside sales or special events 8 CUP CUP CUP CUP CUP Outside storage CUP 9 CUP 10 Commercial nurseries CUP CUP Exterior phonographs, paging systems, musical instruments, etc that may disturb the peace and quiet of the public CUP Parks P P Trails P P Park structures 11 P P Playgrounds P P Nature preserve P Athletic fields withlights 12 CUP Outside tennis courts with lights 13 CUP Outside basketball courts with lights 13 CUP Outside hockey rinks with lights 13 CUP Athletic fields without lights 13 P Outside tennis courts without lights P Outside basketball courts without lights P Outside hockey rinks without lights P Recreation center 14 CUP CUP Multiple purpose park building CUP CUP Golf course P Golf course club house CUP Dog park CUP Public boat launch CUP H-6 Other passive recreational or natural open spaces P Parking lot ACC Institutional Schools, business and technical P P CUP Schools and studios for arts and crafts, photography, music, dance P P Educational institutions, schools CUP P Libraries, art galleries, theaters for the performing arts, and other such cultural facilities CUP CUP CUP CUP Libraries or post office P Churches, other places of worship P Day care/nurseries CUP CUP CUP 15 Group day care P Governmental facilities CUP CUP Fire station CUP Hospitals, convalescent hospitals and nursing homes CUP Hotel or motel P CUP 16 CUP P Manufacturing Manufacturing, limited 17 P Manufacture of baked goods P Manufacturing, processing, fabrication or assembling of limited commodity 18 CUP Retail sales of products manufactured on the site 19 CUP Wholesale/storage Wholesale trade P CUP CUP Warehousing and outside storage CUP Warehousing and inside storage CUP Mini -storage CUP H-7 Industrial Light industrial that is clean and compatible with surrounding properties CUP Limited bottling works 20 CUP 2 CUP Printing & publishing or lithographic shop SUP CUP CUP Laboratories Laboratories CUP Chemical laboratories CUP Research establishment of industrial, medical or scientific nature CUP Research facilities or research laboratories P P Transportation/public works/etc. Transportation station or terminal P CUP P Helipads CUP Public works facility including office and meeting space PUD Essential services P P P P P P P P P P Public utility transmission lines and facilities CUP Telephone exchange P P Parking facilities CUP CUP Private parking facilities > five cars CUP Misc. Funeral home or mortuary p CUP CUP P Club or lodge P Dog Training Facility 26 CUP Residences of all classes CUP CUP CUP CUP Temporary structures CUP Short Term Home Rental; Type A and B P zs Short Term Home Rental; Type C CUP Small Wireless Facilities in the Right -of -Way P P P P P P P P P P P Wireless Communication Services Towers and Antennae CUP CUP CUP CUP CUP CUP H-8 P = Permitted use CUP = Use permitted with a Conditional Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site Blank cell in table means that the use is NOT allowed. 1 Such as grocery, fruit and vegetable store, bakery, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services. 2 SUP may only be issued by the city council. 3 Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; BUT, excluding drive-in establishments. 4 SUP may only be issued by the city council. 5 For a wholesale, jobbing or distributing establishment in connection with which not more than 25 percent of the floor area of the building or part thereof occupied by such establishment is used for making, assembling, remodeling, repair, altering, finishing or refinishing its products or merchandise, and provided that: 1. Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises; and 2. The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display. 6 Automotive painting, upholstering, tire recapping and major repair, when conducted completely in an enclosed building. 7 Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises. 8 These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis. 9 All outside storage shall be screened by a solid wall or fence and landscaping for public view. 10 Must be screened. 11 Gazebo, picnic shelter, playground equipment, rest rooms, band shelter, and substantially similar park structures; but not including multiple purpose park buildings or recreation center buildings. 12 Six -acre minimum site area. 13 Three -acre minimum site area. 14 Ten -acre minimum site area. 15 Including pre-schools. 16 Hotel or motel or other uses providing visitors with overnight accommodations. 17 Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories. 18 Except junk or storage. 19 Either one or the other of the following scenarios applies. A) If the retail sales are limited to products manufactured on the premises, then up to 20 percent of a building's floor area may be used for retail purposes. B) If all of the products offered for retail sale are not produced on the premises, then a total of only 10% of a building's floor area, or 4,000 square feet, whichever is less, may be dedicated to retail sales; however, the retail sales must be of products associated with a primary service offered by the business on the premises. 20 The bottling machinery is limited to manual/semi-automated bottling line without a conveyor system associated with the bottling line. 21 Residences of second level only. 22 Gross receipts must be at least 60% attributable to the sale of food. Live entertainment, which includes DJs, is permitted only inside the building, and then only if it is not audible outside of the building. Outside music is strictly limited to unobtrusive arrangements of pre-recorded songs that may only be played as background music and then only without a DJ. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:30 p.m. Friday and Saturday. The closing time in the preceding sentence means when the last call for service must occur. Happy hour specials must cease at 6:00 p.m. 23 Residences subject to RCM regulations. 24 Provided the special use permit review criteria found in § 31-207 and all of the performance standards found in § 31-515.1 are met. 25 If Type A or B Short Term Home Rental is proposed in a residence where no Special or Conditional Use Permit already exists for the property, then the property owner must obtain a Conditional Use Permit for the short term rental residence prior to the issuance of a Short Term Home Rental License. 26 Performance standards found in City Code Sec 31-515.2 apply to all Dog Training Facilities. SECTION 4. ENACTMENT. Stillwater City Code Chapter 31-326, relating to a new Zoning District to be known as HMU, Highway Mixed Use is hereby enacted as follows. The H-9 enactment adds a Highway Mixed Use zoning district along Highway 36 in areas served with interchange access in order to foster economic development. Permitted and conditional uses are identified in the Use Tables but are primarily business -related uses and multifamily residential. Division 4. — MIXED USE ZONING DISTRICTS Sec. 31-326 - HMU highway mixed -use district. Highway mixed -use (HMU) zoning district shall be regulated as follows: (a) Purposes. The purposes of the HMU district are to: (1) Align with the intent and goals of the city's Comprehensive Plan. (2) Maximize the types of uses of property along the Highway 36 corridor that are served with interchange access to foster economic development for the community and support the city's housing goals. (3) Facilitate the development and integration of diversified commercial, retail, and employment establishments with high density multi -family residential uses in areas along the Highway 36 corridor that are served with interchange access. (4) Encourage each development or redevelopment project to create a central point such as a central public space, green space, or plaza type gathering place. (b) Allowable uses. (1) See Table in Sections 33-315 and 331-325 for the allowable uses within this district. (2) Multi -family residential is an allowable use within this district but shall not exceed more than 50% of usable land area. (3) Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Sections 33-315 and 31-325 for the HMU district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the planning commission and the conditional use permit approved and issued by the city council. (c) Massing regulations. Building height, maximum 55 feet or 5 stories, whichever is greater Lot area, minimum One-half acre Front yard setback, minimum 1 40 feet Side yard setback, minimum 1 20 feet Rear yard setback, minimum 30 feet Setback from abutting residential, minimum 50 feet H-10 Lot area coverage (impervious), maximum 80% 1Front and side setbacks shall be landscaped. H-11 EXHIBIT I FORM OF CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater (the "Grantor"), by a Development Agreement recorded in the office of the County Recorder in Washington County, Minnesota, as Document No. , against the following described land in County of Washington and State of Minnesota, to -wit: (to be completed prior to execution) and [Described by Lot and Block] (the "Property"). WHEREAS, the Development Agreement contained certain covenants and restrictions regarding completion of a Development Project as it relates to the Property; and WHEREAS, with respect to the Property, said Grantee has performed said covenants and conditions in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification. NOW, THEREFORE, this is to certify that all construction of the Development Project specified to be done and made by the Grantee with respect to the Property has been completed and the covenants and conditions in the Development Agreement with respect to the Property have been performed by the Grantee therein, and the County Recorder in Washington County, Minnesota, are hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions relating to completion of the Development Project on the Property. Dated: CITY OF STILLWATER STATE OF MINNESOTA COUNTY OF WASHINGTON By By Its Mayor Its City Clerk I-1 On this day of , , before me a Notary Public within and for said County, personally appeared and 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 I-2 EXHIBIT J FINAL PLAT AND PUD RESOLUTIONS J-1 Stiliwater Administration Date: December 10, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Building Code Ordinance Update Upon review of the City Code, one area is in need of updating. City Code Section 33-1 Subd. 6 Building Code Time Limits should reflect the current MN State Building Code time limits. In an effort to maintain current city code, I am recommending section 36-1 Subd. 6 be amended and enacted upon. ACTION REQUIRED: If Council concurs with staff's recommendation, council needs to pass a motion approving the first reading of the ordinance amending City Code Section 36-1, Subd. 6, Adopting The State Building Code Time Limits. ORDINANCE AN ORDINANCE AMENDING SEC 33-1 SUBD. 6 ADOPTING THE STATE BUILDING CODE TIME LIMITS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending. Chapter 33-1, Subd. 6 of the City Code, Time limits, is hereby amended as follows: (1) All residential structures shall have the exterior finished within 120 days of the date their permit was issued (2) Every permit of any kind issued by the building official shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 90 180 days from the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 94 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee shall be one-half of the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. (3) Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 944 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council this th day of , 202. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 1st reading: December 15, 2020 2nd reading: January 5, 2021 StIllr Administration TO: Mayor and City Council FROM: Beth Wolf, City Clerk DATE: December 9, 2020 SUBJECT: Possible 2021 Meeting Schedule Each December, City Council reviews the meeting schedule for the next year for all City Council and Boards/Commissions meetings with the exception of the Library Board of Trustees meetings. Dates are then published after approval by Council. Attached is a draft meeting calendar for your review. The Library Board meetings are included on the calendar as an FYI. RECOMMENDATION Staff recommends that Council consider the following dates be changed/added: Charter Commission - Three dates have been selected to occur. The meetings will be March 15, July 19 and November 15, 2021. City Council - due to the Night to Unite event and budget workshop, the following should be changed/added: Current Meeting Change August 6 - Night to Unite Event Change August 17 - 4:30 Budget Workshop Recommended Change Tuesday, August 10, 2021 at 4:30 & 7 pm Tuesday, August 17, 2021 at 3:30 & 7 pm Human Rights Commission - request the following dates be changed: • January 27 meeting change to January 18, 2021 to attend a special event on Martin Luther King Day. • July 28 meeting change to July 20, 2021 to attend the regular City Council meeting to present the annual Human Rights Commission award. • November 24 and December 29 meetings occur the day before Thanksgiving and Christmas Eve therefore change to meet once during the holidays on December 1, 2021. Planning Commission - due to the closeness of the holidays, change November 24 and December 22 meetings to November 18 and December 16, 2021 at 7 pm. ACTION REQUIRED Review recommended meeting dates additions and changes and adopt a resolution approving the 2021 City Council and Boards and Commissions Meeting Calendar. ADOPTION OF 2021 CITY COUNCIL AND BOARDS/COMMISSIONS MEETING CALENDAR WHEREAS, Sec. 22-1. Council meetings of the City Charter states that the City Council shall by resolution establish the time and date on which the regular meetings are to be held and may from time to time by resolution change the time and date of the regular meetings. NOW THEREFORE, the Stillwater City Council has adopted the attached City Council and Boards/Commissions meeting calendar for 2021. Adopted by the Stillwater City Council this 15th day of December, 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater 2021 Meeting Calendar JANUARY All T W S 1 2 3 4 5* 6 7 8 9 10 11 13 15 16 17 24/31 18 18 25 19 26 20 21 28 22 23 29 30 MARCH S M T T 1 2* 3 4 5 6 7 9 10 1 12 13 14 21 15 15 22 16 23 24 18 25 19 26 20 27 28 29 30 31 MAY T W TES 1 2 3 4* 5 6 7 8 9 10 r 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY •. M T. W T 1 2 3 4 5 12 6* 7 9 10 11 13 14 15 16 17 18 19 20 20 21 22 23 24 25 26 27 29 30 31 SEPTEMBER S M T W 1 2 3 4 5 6 7* 8 10 11 12 19 20 21 15 22 16 23 17 24 18 25 26 27 28 1 30 NOVEMBER AMs M T W T wimM10 1 2* 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 r 19 20 21 22 23 24 25 26 27 28 29 30 1 City Council (7 pm; *4:30 & 7 pm; **3:30 & 7 pm) Charter Commission (7 pm) Downtown Parking Commission (8:30 am) Heritage Preservation Commission (7 pm) Holiday -Office Closed (*1 /2 day closed at noon) Human Rights Commission (7 pm) Jt Cable Comm (6 pm, 1492 Frontage Rd W) FEBRUARY Mri._ M T W T F S 1 2* 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 18 19 20 21 22 23 24 25 26 27 28 APRIL 1 2 3 4 5 6* 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JUNE T V F S 1* 2 3 4 5 6 7 8 9 0 11 12 13 20 15 16 17 21 22 -immmw 24 18 25 19 26 27 28 29 30 AUGUST M T W T Mg 1 2 4 5 6 7 8 9 10 10* 11 12 13 14 15 16 17** 18 19 20 21 22 23 24 25 26 27 28 29 30 31 OCTOBER S T W 1 2 3 4 5* 6 7 8 9 12 13 15 16 ®11 18 19 21 22 23 24/31 25 26 27 27 28 29 30 DECEMBER T W T • S 1 2 9 3 4 5 6 7* 8 10 11 12 19 13 20 20 14 21 15 22 16 r 17 18 25 23* 24 26 27 28 29 30* 31 Library Board of Trustees (7 pm, 224 3rd St N) Night to Unite (5 pm - 8 pm) Parks & Recreation Commission (7 pm) Planning Commission (7 pm) Traffic Safety Review Comm. (5:30 pm) Utilities Commission (8:30 am, 204 3rd St N) OFFICERS ANGIE DILLOW President DAN STARRY President Elect DAVID DZIUK Treasurer ELISA RASMUSSEN Secretary BOARD MEMBERS TIM BALL KIRSTEN CASTILLO JOSEPH CARPENTIER DIANA M. EITZMAN, Ph. D. CARRIE HIGGS RAMSEY JAMES CHRISTOPHER JOHNSON LOWELL JOHNSON GRETTA KENNEDY ANNETTE SALLMAN AARON SIEGLE JENNIFER SLETTEN BILL TIEDEMANN TERRY THOMAS SHARON TOLVA Executive Director JESSICA RYAN STAFF Development and Communications Manager LAUREN SOBOLEWSKI Development and Community Engagement Manager KELLY STENERSON Operations and Office Manager LOIS CONN Office Volunteer LOU ENGWER December 15t, 2020 Mayor Ted Kozlowski City Council of Stillwater City of Stillwater 216 North Fourth Street, Stillwater, MN 55082 Dear Mayor Ted and City Council, "11.-`;E!VED DEC 4 1020 ity cif Stillwater rilistration United Way of Washington County -East celebrating years For the past 70 years, the United Way of Washington County East has supported this community with hard work, dedication to our agencies, and hope to unite our community and local resources to give each person the opportunity to build a better life. As we have supported our community, we are now in need of that support from the City. Throughout the pandemic, our agencies have seen an increased demand in needs resulting in higher requests for funding. Prior to the pandemic, we were already working hard to close the gap in funding that resulted from high requests and not enough funding to meet each request. Thanks to Washington County and the City of Stillwater, we have had a strong partnership which has only grown due to our close work with the Public Health Department, allowing us to analyze emerging needs with a Results Based Accountability model, helping us determine where our funding is needed most, making sure the health of the county is a priority. Because of that model, we can better understand the health of our county, and better understand the impact programs are making community wide. Each year we are fortunate and grateful to be able to provide local agencies with almost one million dollars so that their programming might continue to serve the people of Stillwater. In many cases the local United Way is their primary source of funding. Since the height of COVID-19, we have seen over double the calls to our 211-call center, jumping from approximately 20,000 calls every 90 days to over 48,000 calls. As the winter draws closer, and numbers begin to rise again, we anticipate more calls, higher funding requests, and a larger gap in basic needs funding. We respectfully request the City to grant the United Way of Washiongton County East $10,000 in order to close this gap, and help our Agency programs continue with their work. Jessica Ryan Kelly Stenerson Executive Director Development Manager 2020 FUNDED AGENCIES Canvas Health — FamilyMeans — Our Community Kitchen — Solid Ground — St. Andrew's Resource Center — Valley Outreach - Courage Kenny — Evolve Family Services — Hope Dental — Hope House — Lakeview Foundation — Portico Healthnet — Community Thread — Southern Minnesota Regional Legal Services — Tubman — ServeMN — Youth Service Bureau P.O. Box 305 Stillwater, MN 55082-0305 1825 Curve Crest Blvd Suite #102 651/439-3838 Fax 651/439-8487 e-mail: Lois@uwwce.org www.uwwce.org Washington ---------County County FYI BOARD AGENDA December 15, 2020 - 9:00 AM Because of the COVID-19 Pandemic and Emergency Declaration declared by the Governor of the State of Minnesota and Declaration of Local Emergency issued by the Washington County Board of Commissioners on March 17, 2020, some or all of the county board members may participate by telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person, or view/monitor the meeting electronically from a remote location via live web stream. Board of Commissioners Fran Miron, Chair, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administrationna,co.washington.mn.us, or by telephone at 651-430-6001. Any comments of concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. Members of the public who wish to participate and/or comment for any of the Public Hearings may join the meeting remotely through WebEx at: https://washco.webex.com/washco/j.php?MTID=m533f116f2006d716f0a9418553c56062 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board 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 individuars presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote 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. A. Approval of the December 1, 2020, County Board meeting minutes. B. Adopt 2021 Commissioner Assignments to Committees, Commissioners, and Joint Powers Boards. C. Approval of reappointments of citizen volunteers to advisory committees. D. Adopt a resolution for approval of Land and Water Legacy Program's Berggren conservation easement. E. Approve Amendment No. 1 to Granicus Contract No. 13170 for Boards and Commissions online management program/software for 2021-2023. 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 Washington County is an equal opportunity organization and employer Washington County F. Approval of the interim update to the 2020-2021 Community Corrections Comprehensive Plan. G. Approval to apply for up to $300,000 in Emergency Solutions Grant funds through the Department of Human Services to provide funding for continued COVID-19 emergency shelter operations through June 2021. H. Approve the tentative agreement for 2021 Collective Bargaining Agreements with both the Exempt and Non -Exempt bargaining units represented by the American Federation of State, County and Municipal Employees (AFSCME) Council No. 5. I. Approve the tentative agreement for 2021 Collective Bargaining Agreement with the Washington County Association of Supervisors. J. Approve the compensation and benefits for 2021 for the Confidential Employees and the Confidential Supervisors. K. Approval of the revised and updated Post Employment Health Care Savings Plan (HCSP) for Law Enforcement Labor Services (LELS) Sergeants Local #215. L. Approve the compensation and benefits for 2021 for the Department Heads and Department Deputy Directors. M. Approval of abatement for Only a Dim Image Productions dba The Zephyr Theatre located at 601 Main Street North in Stillwater. N. Approve Joint Powers Agreement for Election Services between Birchwood Village and Washington County. O. Approval of the plat of Anderson Addition in West Lakeland Township. P. Approval of the plat of Fuller Bailey Farm in West Lakeland Township. Q. Approve Amendment No. 1 to Contract No. 13659 with BlueStone Physician Services to extend the term period to September 1, 2020, through June 30, 2021, and authorize its execution pursuant to Minn. Stat. 373.02. R. Approval to apply for Department of Human Services (DHS) State Opioid Response (SOR) Grant Funding to support Medication for Opioid Use Disorder program in the Washington County Jail. 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 Washington County is an equal opportunity organization and employer Washington County S. Approve Contract No. 13835 with Children's Dental Service to use Real Property for the provision of dental services for the period of January 1, 2021, through December 31, 2025, and authorize its execution pursuant to Minn Stat. 373.02. T. Adopt a resolution, that replaces Resolution 2020-037, establishing County State Aid Highway (CSAH) 12 designation on Wildwood Road (Old Trunk Highway 244) from TH (Trunk Highway) 120 (Century Ave) to County State Aid Highway 12 (CSAH 12/Stillwater Blvd.) in the Cities of White Bear Lake and Mahtomedi. U. 1. Approval of Change Order No. 5 in the amount of $148,636.18 with S.M. Hentges & Sons, Inc. for the Lake Elmo Park Reserve Improvement Project (PARK-3008). 2. Approve Change Order No. 11 in the amount of $60,348.53 with S.M. Hentges & Sons, Inc. for the Lake Elmo Park Reserve Improvement Project (PARK-3008). V. Adopt a resolution to modify the Declaration of Restrictions and Covenants for the Lake Elmo Campground Project Wetland Replacement. W. Adopt a resolution approving a donation for oak savanna restoration at Lake Elmo Park Reserve from the family of Ardis Wegner in the amount of $4,500 for 2.21 acres of restoration. X. Approve Cooperative Agreement No. 13839 between the City of Afton and Washington County for the Afton Levee. Y. Approval of Special Project - Office Support II position in the Sheriffs Office. 4. 9:10 Public Hearing - Administration - Kevin Corbid, County Administrator A. Conduct a Public Hearing to consider revisions to the Washington County Fee Schedule, Policy No. 1032, and consider adoption of the county's 2021 Fee Schedule. 5. 9:30 Public Hearing - Administration and Public Works - Janna Oman, Budget/Financial Analyst; - Wayne Sandberg, Deputy Director/County Engineer A. Conduct a Public Hearing on the 2021-2025 Capital Improvement Plan (CIP), and approve a resolution adopting the final 2021-2025 CIP document. 6. 10:00 Public Hearing - Public Works - Sharon Price, Property Acquisition Manager A. Conduct a Public Hearing and consider approval of a resolution to sell 2.42 acres of parkland within Big Marine Park Reserve. 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 Washington County is an equal opportunity organization and employer Washington County 7. 10:30 Library - Amy Stenftenagel, Director A. Recognition of the Library receiving a 2020 County Achievement Award from Association of Minnesota Counties (AMC). 8. 10:40 Public Health and Environment - Lowell Johnson, Director A. Approve Contract No. 13831 with Bluestone Physician Services in the amount of $500,000 for the period of December 15, 2020, through December 31, 2021. 9. 10:50 Public Works - Don Theisen, Director A. Approval of Change Order No. 10 to Contract No. 13227 with Meyer Contracting, Inc. in the amount of $120,000 for early completion incentives on the County State Aid Highway (CSAH) 19 and Local Roads Improvement Project RB#2601. B. Adopt a resolution authorizing the County Engineer to submit a request to the Commissioner of the Minnesota Department of Transportation to perform speed studies to determine the reasonable and safe speed limit at the locations listed, and to authorize the County Engineer to install and maintain the appropriate signs consistent with the resulting orders. 10. 11:10 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution to approve the 2021 salary for the County Attorney. B. Adopt a resolution to approve the 2021 salary for the County Sheriff. C. 1. Approve a resolution certifying the property tax levy payable 2021 for Washington County. 2. Approve a resolution certifying the property tax levy payable 2021 for the Regional Rail Authority. 3. Approve a resolution adopting the Washington County 2021 budget. 4. Approve a resolution adopting the Regional Rail Authority 2021 budget. 5. Approve a resolution consenting to the property tax levy payable 2021 for the Washington County Community Development Agency. D. Coronavirus relief fund spending plan update and potential board actions. 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 Washington County is an equal opportunity organization and employer Washington 11. 12:00 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 12. Board Correspondence 13. 12:15 Adjourn 14. 12:15-12:30 Break 15. 12:30-1:15 Board Workshop with Community Services A. Update from the Community Services Department on the COVID-19 Hotel Shelter Program and Rental Assistance Program. 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 Washington County is an equal opportunity organization and employer Washington County BOARD WORKSHOPS December 8, 2020 - 9:00 AM 1. 9:00 Board Workshop with Public Works Board of Commissioners Fran Miron, Chair, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 A. Review County Park Ordinance restrictions on animals in designated campground areas. 2. 9:30 Board Workshops with Administration A. Discuss revisions to the county's 2021 Fee Schedule Policy No. 1032. B. Review commissioner appointments to committees, commissions, and joint powers boards for 2021, and discuss proposed board meeting dates for 2021. 3. 10:30 Finance Committee * Please note: No official county business or votes will take place during Workshop Only meetings. 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 Washington County is an equal opportunity organization and employer