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2021-06-15 CC Agenda Packet
NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall or online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING June 15, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Audubon presents Bird City Award 2. Proclamation - SAHS Girls Synchronized Swimming Team 3. Council Service Awards to Stillwater Fire and Police Department, Bayport Fire and Police Department, Oak Park Heights Police Department, Hugo Fire Department, Washington County Sheriff's Office, Lakeview Hospital Ambulance, School District #834 Staff, and Cader Howard, First Presbyterian Church for participating in the Stillwater Area High School Class of 2021 Graduation Parade 4. Resolution 2021-078 Certificate of Appreciation Retirement for Jim Tibbets, Water Department Supervisor 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. Interim 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. June 1, 2021 regular, recessed and closed session meeting minutes 14. Payment of Bills 15. DNR Grant Contract for Buckthorn Removal Project 16. Lily Lake Water Quality Improvement Project 17. Maple Island 4th of July Event Permit 18. Maple Island Bands for the Brave Event Permit 19. Ordinance 1168 - 2nd Reading Amending Section 31-300 Establishment of Districts by Rezoning 2.33 Acres to RA: One -Family Residential, Property Located at 7959 Neal Ave N. 20. On -Sale Liquor License with Sunday Sales for Rusty Mile LLC 21. Participation in State Performance Measurement Program Review - Resolution 22. Sanitary Sewer Adjustment 23. Stillwater Area Hockey Association Gambling Permit at Lift Bridge Brewery 24. Utilities Commission Reappointment 25. Wine with Strong Beer Liquor License for Cafezinho 26. Fireworks Permit for Dollar Tree VIII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 27. CPC Case No. 2021 30 Request for a Zoning Text Amendment for the creation of a Neighborhood Commercial Zoning District. Notice published May 14, 2021 Pulled from Agenda IX. UNFINISHED BUSINESS 28. Central Commons Tax Abatement, Development Agreement, and Tax Assessment - Resolution X. NEW BUSINESS 29. St Croix Rec Center Sealcoating & Tuckpointing Project - Resolution 30. The Lumberjack Acoustic in the Alley Event 31. Riverbank Stablization and Riverwalk Project Approval of Plans & Specs and Advertise for Bids - Resolution XI. COUNCIL REQUEST ITEMS 32. Yellow Ribbon Update XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 15, 2021 ri fA tdf:Nt__ ailhaid. .MidlAk __sela Jail (nip of iptitttuater, iir�r�e�ot�c Resolution 2021-078 4 Jim 9ibbe tts WHEREAS, Jim Tibbetts, is retiring from City employment, as the -Water Department Supervisor, effective June 3o, 2021. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his dedicated service to the City, Jim is hereby commended for serving the Board of -Water Commissioners, the City of Stillwater, and its citizens faithfully, efficiently and courteously for 21% years. The Councilregrets that he is retiring from City employment, andextends to him their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of .Appreciation upon the official record of the City Council and to deliver a certified copy thereof to Jim Tibbetts. Adopted by the City Council this 15th day of June, 2021. K * "-le°t I-'7 . r ll i I ,.. .r. Mi It illir VIZA— "isrPir WM" --",./P w fitt Nlayor Paid -On -Call Firefighter Professionalism, Respect, Integrity, Dedication, Excellence P.R.I.D.E! STILLWATER FIRE DEPARTMENT is seeking highly motivated and committed individuals for the position of paid -on -call firefighter. The Department is establishing an eligibility list for hiring in 2021. The Stillwater Fire Department (SFD) is a combination full- time/paid-on-call fire department serving a community of over 28,000 residents. SFD provides fire prevention/education training, fire suppression, technical rescue, and Basic Life Support EMS first responder services. Annually, firefighters respond to more than 1,900 calls for service. Duties and Expectations of a Paid -on -Call Firefighter: Requirements: ➢ 18 Years Old ➢ Valid MN Driver's License ➢ High School Diploma or GED Equivalent ➢ Reside within 10 Minutes of Fire Station: 250 Maryknoll Dr. N. Stillwater, MN 55082 Interested: Additional Information Available at: City of Stillwater https://www.ci.stillwater.mn.us/jobs *Applications accepted until filled. Respond to a complex variety of fire, emergency medical, and rescue calls Assist with public safety education events and outreach Build strong connection with the community through response, engagement, and education Work with state-of-the-art equipment in a modern fire station Be part of a progressive fire department team striving for organizational excellence Contribute a minimum of 24 - 36 duty hours per month and a 25% quarterly response requirement Opportunities for advancement and specialized technical training available Are You Ready to Serve! Questions? Tom Ballis, Deputy Fire Chief Stillwater Fire Department 250 Maryknoll Drive North Stillwater, MN 55082 651.351.4963 tballis@ci.stillwater.mn.us Page 1 CITY OF STILLWATER LIST OF BILLS Ace Hardware Supplies 243.93 Action Rental Inc. Mixing trailer & concrete 250.00 Advance Auto Parts Equipment repair supplies 749.68 Arrow Sports Group Concession supplies 951.60 Aspen Mills Cap device 189.95 Batteries Plus Bulbs Batteries 163.90 Beacon Athletics Field supplies 482.00 BlueCross BlueShield of MN Inc. Retiree Health Ins 11,747.00 Bolton and Menk Inc. Greeley & Marketplace Lift Station Improvements 7,570.50 Brock White Co. LLC Crafco Plexi Melt Roadsaver 5,115.00 CDW Government Inc. Battery 66.33 Century Link Wellhouse SCADA System & Telephones 1,199.82 Certified Crime Fighter Subscription - software 1,584.00 Cintas Corporation Uniforms & mats 322.24 Clifton LarsonAllen LLP Audit 3,250.00 Coca-Cola Distribution Beverages for concessions 654.24 Comcast Internet & Voice 446.28 Cope Plastics Inc. Equipment repair supplies 4,734.72 Cub Foods Plates & cups 41.46 Dalco Can liners 877.80 Dell Marketing L.P. PC for SCADA 2,020.38 Dog Waste Depot EZ tie bags 97.99 Door Service Company Handicap buttons for PW 190.00 DVS Renewal Unmarked 2018 GMC Acadia 19.25 ECM Publishers Publications 175.75 Ecolab Pest Flies 400.00 Ess Brothers & Sons Inc. Manhole protection rings 676.60 EulIs Manufacturing Barrier 855.00 Ferguson Enterprises Inc. #1657 Meters 300.01 Fury Motors Vehicle service - 210 61.77 Goodyear Commercial Tire Tires 468.84 Gopher State One Call Inc. Locates 550.80 Grainger Air filtration system 490.47 Guardian Supply Uniform supplies 63.48 Hawkins Inc Hydrofluosilicic Acid & Chlorine 4,154.67 Helkes Tree Service Tree Removal 3,500.00 Heritage Embroidery & Design Parking attendant shirts 240.00 Heritage Printing Inc. Business cards - Larry Oberrecht 51.90 Holiday Companies Vehicle washes 400.00 Holiday Credit Office Fuel 33.12 Indelco Plastics Corporation Equipment repair supplies 210.61 Inspectron Inc Inspections 2,925.00 Instrumental Research May water testing 200.00 Integrity Land Development Inc Refund Remainder of Dev Deposit Heifort Hills Est 2 6,579.36 J.P. Cooke Co. Dog license 71.10 Johnny's TV Inc. Equipment 492.44 Kelley Sara Parking Refund due to COVID 160.00 Kelly & Lemmons PA Prosecution 8,333.00 Kwik Trip Inc Fuel 76.93 League of MN Cities Ins Tr Quarterly Municipality & Workers Comp Ins 163,412.00 Page 2 LeVander Gillen Miller PA Lincoln National Life Insurance Co Lynskey and Clark Companies Masco John Menards Metropolitan Council Metropolitan Council Environmental Michaelis Daniel Miller Excavating MK Mechanical Inc MN Chiefs of Police Assoc. MN Dept of Health Drinking Water Municode Office Depot OnSite Sanitation Performance Plus LLC Potter Dave & Lisa Quill Corporation R&R Specialties Inc. Ready Watt Electric Rehn Code Consulting Services RiedelI Shoes Inc. Safe Fast Inc Safe Fleet Mobile Vision Scott Julie Sherwin Williams SHI International Corp Sigler Timothy Simplifile LC SiteOne Landscape Supply Smith Stephanie Springbrook Software St. Croix Boat and Packet Co. Stillwater Motor Company Stillwater Rotary Club Suburban Wildlife Control T.A. Schifsky and Sons Tessman Seed Co. St. Paul Thomson Reuters Titan Machinery Shakopee Total Parking Solutions Inc. Tri-State Bobcat True North Consulting Group US Postal Service US Postal Service Verizon Wireless Washington County Public Works Washington County Recorder Wellner Wade Zahl Petroleum Maintenance Co. LIBRARY Professional Services COBRA Life Insurance Parking Refund due to COVID Parking Refund due to COVID Supplies Monthly SAC Wastewater Charge Refund of double payment Lake McKusick North Sediment Removal Server room mini split unit Permits to acquire Water supply system certificate Class C Code pages Office supplies Portable Restroom Drug screen Refund of dog license Office supplies Equipment repair supplies Batteries and repair on sirens Plan Review Skates Safety Vests Equipment Parking Refund due to COVID Equipment repair supplies - guard shack Barracuda Energize Tim Sigler Band at Stillwater Lift Bridge Event Filing fee Supplies Parking Refund due to COVID Monthly UB web payments Dock space lease & ramp cleaning Vehicle service Membership Gopher & mole control Asphalt Fertilizer Information Charges Equipment repair supplies WebOffice CMS Monitoring & receipt paper Equipment repair supplies Operations review for IT dept PO Box Fee Payment Postage for mail machine Wireless Service Millbrook West parking lot access permit Assessing Service Fee Reimburse for Work Boots Dritek 19,244.62 3.60 120.00 260.00 592.18 22,141.35 169,535.87 62.03 8,754.64 7,800.00 37.50 23.00 3,118.40 16.85 940.19 270.00 20.00 163.94 389.40 3,584.00 7,903.97 106.55 464.40 880.00 100.00 431.86 2,424.00 3,000.00 250.00 240.24 560.00 18,430.50 6,716.67 50.69 10.00 395.00 1,232.04 282.99 158.12 161.01 1,490.00 70.00 8,697.50 94.00 7,000.00 3,356.81 500.00 118,463.91 200.00 87.50 Page 3 Amazon Business Blackstone Audio Blick Art Materials Brodart Co Culligan of Stillwater Hedin Sue Hmong American Farmers Assoc Jim Gill Inc Menards Midwest Tape Stillwater Printing Co. MAY MANUALS Municipal Builders NAC Mechanical a St. Croix Boat and Packet Co. MAY CREDIT CARDS Amazon.com AnyPromo.com Automatic Fire Alarm Assoc BCA Training Dream Host Facebook.com Global Industrial Global Leadership Network Grand Pizza & Catering Jobs HQ Forum Interactive Key Me McMaster -Carr Supply Co. Menards Online Minnesota Sheriffs Association MN Dept of Labor and Industry MN State Colleges & Univ. Office Max Pizza Man of Stillwater Rose Floral TechSoup ADDENDUM AT&T Mobility Cintas Corporation Comcast England Jake Enterprise FM Trust Hach Company Hardwood Creek Lumber Inc. Heritage Printing Inc. Supplies Materials Materials Materials Water Programs Programs Programs Janitorial Supplies Materials Programs Well # 9 Generator Annual Alert System Maintenance Sams Club Supplies Give-away items for community events Training Training Website Hosting SPD Social media fees Door for evidence enclosure - PD garage Global Leadership Summit Employee appreciation lunches Building inspector ad Keys for 5th st building Book Bin Repairs Blinds for 3rd floor Training - Weldon Renewal fee MCFOA Conference & certifications Office supplies for building dept BWC demo day Flowers for Administrative Professionals Day Adobe Pro License Cell phone Mat cleaning service Internet Reimburse for fuel Lease vehicles Fluoride Pine lath Envelopes & paper for water bills 158.09 279.27 41.83 3,556.46 52.45 57.80 200.00 1,000.00 82.85 1,102.63 68.00 70,729.80 1,882.00 56,125.53 380.03 344.25 530.00 75.00 21.45 10.00 1,046.69 298.00 882.90 199.00 17.83 47.86 361.60 150.00 90.00 515.00 83.50 60.00 96.34 55.00 114.92 94.10 120.30 100.02 10,115.78 48.44 336.60 1,091.45 Page 4 Hildi Inc Actuarial disclosures 805.00 Menards Supplies 67.88 Minnesota Paving & Materials 2021 street & lot projects 822,805.67 Xcel Energy Energy 16,314.62 TOTAL 1,164,062.92 Adopted by the Stillwater City Council this 18th day of May, 2021 Mayor Ted Kozlowski StIllr Administration DATE: June 14, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of New Wine with Strong Beer Liquor License - Cafezinho DISCUSSION: An application for a new Wine & Strong Beer liquor license for Cafezinho has been received from the Cafezinho Stillwater, LLC. Michael Baker, owner, purchased the former Tin Bins property located at 413 Nelson St E. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval requirement before the license is issued to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a new Wine & Strong Beer Liquor License to Cafezinho Stillwater, LLC, DBA Cafezinho contingent upon satisfactory investigation, inspections, and required approvals. Ater. THE EINTHPLACE OF MINNESOTA Receipt Number Check No. Amount Paid: Fee: $100.00 APPLICATION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant DOLLAR TREE #4375- STILLWATER Home Address Name of Business DOLLAR TREE #4375 Business Address 2070 MARKET DRIVE, STILLWATER, MN 55082 Corporate Address (if different than business address) Telephone (Business): Home Phone Beginning Date of Sale: UPON APPROVAL End Date of Sale: 07/08/2021 Hours of Operation: Location of Display INSIDE THE STORE @ DOLLAR TREE REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with dimensions included. Signature of Applicant (or agent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONL Y The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief: Date: The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: Date: Approval Date of Stillwater City Council: Permit No.: TNT® FIREWORKS Site Plan Worksheet ADDRESS 2c o ►� 7 CITY k'4 T STATE IM vu ZIP 'tea Z PHONE C9s - 323 - UC STORE NAME / LOCATION #<<� r � r - 37 S TYPE OF EVENT: In-store sales of state.approved fireworks NORTH -f‘hk RuvrS SOUTH SPECIAL INSTURCTIONS SIGNATURE DATE ) 1z STORE MANAGER / TNT® Representative TO: FROM: DATE: SUBJECT: flflwater Administration Mayor & Councilmembers Tom McCarty, City Administrator May 27, 2021 Central Commons Tax Abatement BACKGROUND Central Commons, LLC is the owner of the 35.3-acre property at the southeast quadrant of Manning Avenue and State Highway 36. The owner has worked with the City and received approval 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 of Central Commons on November 17, 2020. In order to develop Central Commons Addition a number of public infrastructure improvements are required, including 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. Each of these incur costs that are not customarily borne by the developer. To help address these extra costs, the City Council noted in a pre -annexation agreement with the developer that the City would consider tax abatement and development fee waiver proposals from the developer. 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. Prior to drafting the tax abatement agreement, the City Council charged a committee of two council members, several staff members and consultants to review the developer's request and make a recommendation on broad terms of the agreement. COMMENTS The committee members were Council Members Junker and Polehna, TIF Consultant Mikaela Huot (Baker Tilly), City Administrator McCarty, City Attorney Land, Finance Director Provos, Community Development Director Turnblad and Public Works Director Sanders. The Committee met numerous times since January 2021 to develop recommendations for consideration by the City Council. On June 1, 2021, the City Council conducted a tax abatement and business subsidy public hearing to consider the following recommendations of the Committee: Tax abatement is a statutorily authorized financing tool that is intended to be used for assisting the developer with offsetting a portion of the costs associated with development the property that includes primarily acquisition, installation of public and private improvements. Following financial analysis, it has been determined that a portion of the costs required for development of the site are extraordinary and not supportable based on current market conditions. The level of tax abatement assistance has been based on a land development analysis and focuses on the portion of costs not deemed to be supported by the project upon full development. Tax abatement is a tool the City (and County) have considered using to provide financial assistance to the developer and allow for development of the site to be financially feasible. The abatement revenues generated from the future development would be 'rebated' to the developer as an offset to annual property taxes and potential assessments. The value of the abatement based on the current development assumptions is estimated to be approximately $3,894,836 over 15years and includes both the City and County portion of taxes. Based on the developer's estimates and assumptions, the committee believes that the project presents benefits to the City both in the short and long term that will exceed the costs of the proposed tax abatement agreement, will help finance public infrastructure and would therefore recommend: 1. Charge the full standard $945,027.00 in City development fees. Abating none. 2. Enter into an agreement for a maximum of $3,144,836 of City real estate tax abatement over 15years. Using the development assumptions provided by the developer and based upon calculations performed by Mikaela Huot of Baker Tilly, it is reasonable to expect this project to generate sufficient real estate tax revenue cover up to $3,853,194 of City abatement. 3. In addition to the City's $3,144,836 of tax abatement, the County may abate $750,000 of their portion of the real estate tax. If the County Board chooses to abate taxes, those funds would be distributed to the City. And it is the City's intent to pass the funds back to the developer. 4. City tax abatement will exclude $66,600 from annual abatement to cover City service costs (this is offset by including existing land value in abatement calculation) 5. City will charge 1.5% interest on assessments if the public improvements are paid for out of existing City funds. If money must be borrowed, then 1.5% interest will be charged in addition to whatever the City must pay to borrow the funds. 6. City tax abatement includes land and new building value (base value effectively $0). 7. County tax abatement calculations include only new building value (land calculated as 'base')City tax abatement is not reduced for fiscal disparities, since the City is a net receiver of fiscal disparity funds each year, generating maximum revenues possible. County tax abatement is reduced for fiscal disparities, consistent with County Tax Abatement Policy application. 8. Taxes for Outlots A & B (future development lots) not to be abated with this tax abatement agreement. But, a new or revised tax abatement agreement could be considered by the City Council in the future for Outlots A & B. The City Council closed the June 1 public hearing and tabled action on resolutions approving the Central Commons tax abatement & business subsidy requests, the final development agreement and final assessment agreement and action on the final terms of the Tax Abatement Agreement, the Development Agreement, and the Assessment Agreement, for further consideration at the June 15, 2021 City Council meeting. Following numerous meetings of City staff, City consultants, and the Developer, the final terms of the agreements have been completed for City Council review and consideration. ACTION REQUESTED Staff recommends that the City Council approve motions to adopt a Resolution Approving the Development Agreement and Assessment Agreement with Central Commons, LLC; adopt a Resolution Approving Property Tax Abatements with Central Commons, LLC; adopt a Resolution Approving the Tax Abatement Agreement with Central Commons, LLC; and to approve the final Development Agreement, Tax Abatement Agreement and Tax Assessment Agreement between the City of Stillwater and Central Commons, LLC. cc: Mark Lambert, Central Commons LLC City of Stillwater Washington County, Minnesota RESOLUTION 2021- ACCEPTING PROPOSAL OF RIGHT -WAY CAULKING, INC IN THE AMOUNT OF $47,920 AND APPROVING UTILIZATION OF RECREATION CENTER FUND BALANCE FOR PAYMENT OF RECREATION CENTER CAULKING AND SEALCOATING CAPITAL PROJECT WHEREAS, the St. Croix Valley Recreation Center has experienced water leakage following rain events resulting in damage to the interior of the facility; and WHEREAS, the cause of the water leakage is deteriorating sealant/caulking between the precast panels of the facility; and WHEREAS, the Recreation Center Manager has obtained a proposal from Right -Way Caulking, Inc. in the amount of $47,920 to replace the sealant/caulking between the precast panels and treat the panels for water repellency with a twenty year life expectancy; and WHEREAS, the caulking project is an unanticipated capital project and funding was not included in the adopted City 2021 Capital Budget requiring City Council authorization for use of Recreation Center fund balance to fund this expense. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the proposal of Right -Way Caulking, Inc., in the amount of $47,920 and approving utilization of Recreation Center fund balance for payment of Recreation Center caulking and sealcoating capital project. Adopted by the Stillwater City Council this 1st day of June, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall or online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING June 15, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Audubon presents Bird City Award 2. Proclamation - SAHS Girls Synchronized Swimming Team 3. Council Service Awards to Stillwater Fire and Police Department, Bayport Fire and Police Department, Oak Park Heights Police Department, Hugo Fire Department, Washington County Sheriff's Office, Lakeview Hospital Ambulance, School District #834 Staff, and Cader Howard, First Presbyterian Church for participating in the Stillwater Area High School Class of 2021 Graduation Parade 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 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Interim Community Development Director 9. City Clerk 10. City Attorney 11. 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. 12. June 1, 2021 regular, recessed and closed session meeting minutes 13. Payment of Bills 14. DNR Grant Contract for Buckthorn Removal Project 15. Lily Lake Water Quality Improvement Project 16. Maple Island 4th of July Event Permit 17. Maple Island Bands for the Brave Event Permit 18. Ordinance 1168 - 2nd Reading Amending Section 31-300 Establishment of Districts by Rezoning 2.33 Acres to RA: One -Family Residential, Property Located at 7959 Neal Ave N. 19. On -Sale Liquor License with Sunday Sales for Rusty Mile LLC 20. Participation in State Performance Measurement Program Review - Resolution 21. Sanitary Sewer Adjustment 22. Stillwater Area Hockey Association Gambling Permit at Lift Bridge Brewery 23. Utilities Commission Reappointment VIII. PUBLIC HEARINGS - when addressing Council please limityour comments to 10 minutes or less. 24. CPC Case No. 2021 30 Request for a Zoning Text Amendment for the creation of a Ncighborhood Commercial Zoning District. Notice published May 14, 2021 Pulled from Agenda IX. UNFINISHED BUSINESS 25. Central Commons Tax Abatement, Development Agreement, and Tax Assessment - Resolution X. NEW BUSINESS 26. St Croix Rec Center Sealcoating & Tuckpointing Project - Resolution on Fund Balance Transfer available Tuesday 27. The Lumberjack Acoustic in the Alley Event 28. Riverbank Stablization and Riverwalk Project Approval of Plans & Specs and Advertise for Bids - Resolution XI. COUNCIL REQUEST ITEMS 29. Yellow Ribbon Update XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 15, 2021 Cite of 'titttuater, fninne5ota J WHEREAS, Stillwater .Area High SchooCGirls Synchronized Swimming Team won the 2021 Minnesota State High ScFiool4 Championship Title May 29, 2021 at South 'View .diddle School, Edina, the first since 2003. They have not finished Cower than end Place in the 47 year history of the competition and they were the runners up for each of the previous 16 seasons; and WHEREAS, they swept the Short, Long, andExtendedTeam events to outdistance runner up Wayzata i54-84; finishedfirst in 8 of 12 events: • Extended Team - Rubie Ballantyne; Bella Chau; .Annie Critters; Leigha Xraft; Cud. Miller; Juliann Silva (earned all -state honors); Page Schmit (earned al -state honors); and Grace Sneden took ist Place • Long Team - Hannah Bliss; Sophia Chau; Isana Downing; Xate Jentink; Megan Johnson; Olivia Xustich; Siera enning; and Halley Schmit (earnedall-state honors) took ist Place • Short Team - Gabi Chau; Emily Dicks; Nina Djukelic; .ova Fox; XaeCynn Grecian; Lauren Guinee; Elaina Lokken; and 3-Canna `Wiese took ist Place • Extended Trio - Rubie Ballantyne/Luci Miller/Grace Sneden took 2ndPlace; • Long Trio - Sophia Chau/Annie Critters/Paige Schmit took ist Place. • Extended Duet - Bella Chau & Juliann Silva took 5th place • Short Duet - Elaina Lokken & 3-Canna Wiese took ist Place I • Long Duet - Rubie Ballantyne & Paige Schmit took ist Place; Sophia Chau & .Annie Critters took 3rd Place. • Short Solo - Halley Schmit took ist Place • Long Solo - Bella Chau 3rd Place • Extended Solo - Juliann Silva 3rd Place NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim June 16, 2021 - Stillwater Area High School Girls Synchronized Swimming Team Day Adopted by the Stillwater City Council this 15th day of June, 2021. 1 I 1 ►,►Hull+l�p„ 7,.,C/2 ____, . sT.,,,,,„„ # 0 zb. Mayor la r •f •,'�►..A►+. _ ......... i+sO� : ►Hlll I1I1 11 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 Stithuate't fihe rDcpwttnwut 504 not a.nt* wand d. toad s ac4ice/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at pc/3si1e, tut also to uotantwattf suppatct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. C/7 Ted Kozlowski, Mayor Date of Recognition: June 15, 2021 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 Sti&wtte fPo&e Depwttnwut 504 not a.nt* wand d. toad s ac4ice/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at pc/3si1e, tut also to uotantwattf suppatct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. C/7 Ted Kozlowski, Mayor Date of Recognition: June 15, 2021 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 fJJaypoxt 91'te fDepwttnwnt 504 not a.nt* wand d. toad s ac4ice/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at pc/3si1e, tut also to uotuntcvtittj suppatct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: June 15, 2021 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 fBaqpoxt !?o&e rDepathncnt 504 not a.nt* wand d. toad s ac4ice/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at pc/3si1e, tut also to uotuntcvtittj suppatct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. C/7 Ted Kozlowski, Mayor Date of Recognition: June 15, 2021 iliwater i i E A 9' H o, a i k 0' iA : rr h the Mayor and City Council hereby extend recognition and appreciation to I 11 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, (9cd J(eiqftti !Mice lDcpwttmcnt 504 not a.nt* wand cC toad s aetu iee/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at po/3si1e, tut also to uotantwattf suppotct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. C/7 Date of Recognition: June 15, 2021 Ted Kozlowski, Mayor 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 Maga gite Dep cvttment 504 not a.nt* wand d. toad s ac4ice/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at pc/3si1e, tut also to uotantwattf suppatct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. C/7 Ted Kozlowski, Mayor Date of Recognition: June 15, 2021 iliwater i i E A 9' H o, a i k 0' iA : rr h the Mayor and City Council hereby extend recognition and appreciation to 11 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, Wadlingi County Sd% effice 504 not a.nt* wand cC toad s ac4ice/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at pc/3si1e, tut also to uotantwattf suppatct the saga Ceaos of 2C21 pa' icipatinq in a qtcauation J arcade and for outstanding service in support of the City of Stillwater's mission. C/7 Date of Recognition: June 15, 2021 Ted Kozlowski, Mayor iliwater i i E A 9' H o, a i k 0' iA : rr h the Mayor and City Council hereby extend recognition and appreciation to 11 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, £ctheuiew S&ipitd thn5utance 504 not a.nt* wand cC toad s ac4ice/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at pc/3si1e, tut also to uotantwattf suppatct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. C/7 Date of Recognition: June 15, 2021 Ted Kozlowski, Mayor iliwater i i E A 9' H o, a i k 0' iA : rr h the Mayor and City Council hereby extend recognition and appreciation to I ii STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, Scfw4 #834 Staff 504 not ant* wand cC toad 6 actu ices made to enis wce that owt comniunitti and envinonment axe as oak as pa/3si1e, tut also to uotantwattf suppatct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. Date of Recognition: June 15, 2021 Ted Kozlowski, Mayor 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 Cactex J(cwwi4, gi/ot fhe'&qie4iwt Cftwtcft 504 not a.nt* wand d. toad s ac4ice/3 made to enis wce that owt comniunitti and envinonment wie a3 oak at pc/3si1e, tut also to uotantwattf suppatct the saga Ceaos of 2C21 pa' icipatinq in a qicaluation J arcade and for outstanding service in support of the City of Stillwater's mission. C/7 Ted Kozlowski, Mayor Date of Recognition: June 15, 2021 411 lwa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 1, 2021 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna Absent: Councilmember Odebrecht Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land City Planner/Interim Community Development Director Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Washington County Hwy 36 Transit Study Presentation with Joe Ayers Johnson Emily Jorgensen, Project Manager for the Highway 36 Corridor Transit Feasibility Study, and Joe Ayers -Johnson, Assistant Project Manager, provided a presentation on the study. Mr. Ayers -Johnson explained that Washington County, in collaboration with Ramsey County, Hennepin County, Minnesota Department of Transportation (MnDOT), and the Metropolitan Council, studied the potential for transit improvements in the Highway 36 corridor between Stillwater, Oak Park Heights, Bayport, and downtown Minneapolis. The purpose of the study was to identify transit service needs and recommendations that are reflective of the Highway 36 corridor's existing and anticipated future travel demands and patterns; and to consider transit and complementary facilities to improve travel options and provide alternatives to highway congestion for Washington, Ramsey, and Hennepin County residents, businesses, and visitors. Public engagement was gathered by virtual meetings, distribution of digital content, and a questionnaire. 90% of respondents are not current transit riders, but 73% of respondents are interested in taking transit within the study area. Bus rapid transit, express bus, local express bus, and on -demand public transit were the types of transit service studied. The study concludes that transit between Minneapolis and Stillwater along the Highway 36 corridor is feasible. Ms. Jorgensen reviewed the recommendations for immediate -term, near -term and medium - term. Councilmember Junker asked if statistics are available pre-COVID, regarding Stillwater residents who used Metro Transit from Stillwater westward; and Ms. Jorgensen replied that staff are gathering statistics and are also working with Metro Transit to think about express City Council Meeting June 1, 2021 routes to downtown Minneapolis and downtown St. Paul that do not amble around so much. She can provide pre -pandemic ridership numbers. Mayor Kozlowski stated there is definitely a need for transit improvements. He and Councilmember Collins voiced support for the efforts. Councilmember Polehna thanked Washington County Commissioner Gary Kriesel for keeping Stillwater on the map in this study. He encouraged the study leaders to call Jim Kolb who used to run Valley Transit service in Stillwater. Washington County Commissioner Kriesel thanked the City for its cooperative efforts. Stillwater Library Events Task Force Update Library Director Troendle reported that the Stillwater Public Library Board of Trustees Events Task Force has been meeting monthly to examine the future of private and community events on the terrace and in the meeting room wing. He brought the Council up to date on the work of the Events Task Force so far, including survey results and the true cost of event rentals. Events netted income of $20,000 in 2016 and $40,000 in 2018, however if in-house coordinators at the time had been paid a market -rate wage, there would have been a net zero income for events. The Library's special events were not profitable in 2019 or 2020. The bottom line is that generating revenue from special events beyond covering costs is uncertain and special events may actually cost the Library money. Without support from the Library Foundation, weddings could not have continued as they have. He reviewed a sustainability matrix looking at how five categories of event use impact four areas of cost. The next steps for the Task Force are: incorporate feedback from the Library Board and City Council and continue discussions with the goal of presenting two draft proposals in August for review, and to present final proposals for Board action in October 2021. Councilmember Junker stated he was on the Council in 2003/2004 when ground was broken for the Library expansion, with the expectation that space would be a revenue generator. Now 15 years later, the result appears to be almost a 180 degree turn from the initial thoughts in 2003/2004; and Mr. Troendle responded that he thinks the expectation of events generating revenue was a good faith assumption at the time, but in reality it has not worked out as anticipated. Mayor Kozlowski remarked it is not surprising to him. He does not see libraries as being revenue sources. They are a public space. He feels the wedding business is too complex to make money, although trying to generate some revenue to offset programs makes good sense. Other events are more straightforward than weddings. Councilmember Polehna noted that he too was on the Council when the Library expansion was built. He recalled the previous Library Director telling the Council that the events likely would not make more than $20,000/year, and yet the Historic Courthouse was making $120-140,000 a year hosting events, so he knew there was potential there. The Council asked the Library to come up with a revenue stream so part of it may be blamed on the Council. It is good to look now at what events actually cost. Councilmember Junker added that back in 2003, the City did not have the event centers that are now downtown. The thought of blending the beautiful Library venue with events was very logical at the time. Page 2 of 11 City Council Meeting June 1, 2021 Mr. Troendle indicated he does not think there is any fault or blame. It was worth trying and he is just sharing the results of what happened over the years. Parking Mitigation Policy Discussion City Planner Wittman stated that the Downtown Parking Commission (DTPC) has been re- considering its policy for reviewing projects that have parking deficits. Since 1999 the Commission has been operating under an informal policy, and with the recent apartment building proposal on Chestnut Street, there has been a desire to formalize the policy. She reviewed the proposed policy in detail. Mayor Kozlowski asked if increasing the $10 monthly parking permit fee was considered; and Councilmember Junker answered that the DTPC was focused on residential mitigation (because of the 200 Chestnut project). The DTPC decided not to change the formulas to determine how many parking spaces are needed for residential - it is 1.5 spaces per residential unit. The formula is not in the proposed resolution. Ms. Wittman responded that the resolution can point to the zoning code section that would include the calculation. City Attorney Land advised against including the formula in the resolution because it may change over time. Councilmember Junker noted the proposed language requiring those projects that are short parking spaces to pay a mitigation fee of $20,000 per parking space, paid up front before building permits could be issued. Mayor Kozlowski asked, if that language is added as part of the ordinance, would the Council still be able to negotiate the parking mitigation fee as part of a TIF agreement or paid over time; and Ms. Land recommended that the language be in the policy, but not the resolution, so that it could be used as a negotiating tool in the development agreement. Mayor Kozlowski suggested looking at charging every business that does not provide its own parking. He feels that currently, residents are essentially footing the bill. Councilmember Polehna agreed, adding that for businesses that are grandfathered in, $10/month is quite low. He also feels there should be a dedicated parking ramp fund for parking mitigation fees. Councilmember Junker reminded the Council that the whole mitigation policy is predicated on the assumption that once the City hits 20% of all general parking downtown, the parking mitigation will be maxed out. At that point the City will either have to increase 20% to 30%, or find more spaces. Ms. Wittman stated she will work with City Attorney Land to capture more flexibility with negotiation, and explore applying business mitigation fees to all businesses. Self -Propelled Devices Ordinance draft City Attorney Land reviewed a proposed ordinance that states that non -motorized moving devices (bicycles excluded) must be operated safely, not interfering with traffic, people, and must yield to motor vehicles. The ordinance is up for first reading tonight. Changes may be made for the second reading. Page 3 of 11 City Council Meeting June 1, 2021 Mayor Kozlowski stated he sees skateboarders downtown every day. The current prohibition of skateboarding applies to all the skateboarders who are doing nothing wrong, causing no problems. If the ordinance addresses unsafe behavior, that will make it easier for the Police Department to deal with the people who are causing problems rather than penalizing everyone. Councilmember Junker commented as a resident downtown, a City Councilmember and former downtown bank manager, he dealt with this issue for years. The biggest attraction now is the plaza where skateboards get in the way of walkers and bikers, sometimes circling for hours, with skateboards flying out from under them, dragging their plywood there, creating jumps and making it unsafe for pedestrians and bikers. Mayor Kozlowski commented that this ordinance would prohibit all that; and Councilmember Junker answered no, it would not. He has watched and seen the same kids still on the plaza skateboarding for hours, despite the fact the City created a skateboard park for them. There is a petition circulating about issues with skateboarders on the plaza. Mayor Kozlowski responded that the skateboard park is useless. Councilmember Polehna noted the City spent $40-60,000 on equipment 14 years ago for the skateboard park. It might be getting outdated and need some work, but downtown cannot be the playground for everybody. Bike racks have been torn out of the cement to build jumps down there. The ordinance was enacted years ago at the request of the businesses. Mayor Kozlowski acknowledged the corridor by the bridge is problematic for bikes, walkers, everyone. He does not like punishing perfectly well behaved, law abiding kids who are there with their parents. Prohibiting and punishing behavior that damages public or private property, or that endangers anyone else is fine, but a delivery service person or 7 yr. old with parents should not be considered to be breaking the law. Councilmember Junker suggested prohibiting skateboarding on the plaza. Mayor Kozlowski suggested putting a few low cement cost curb stops around town to give the skateboarders places to jump. He would like to hear from businesses too but that does not prevent the Council from adopting the first reading to let the good kids do what they want to do without damaging anything. Councilmember Polehna remarked the ordinance should not be adopted without talking to businesses downtown. He has received a lot of complaints about items being destroyed downtown. The ordinance is not ready for a first reading. STAFF REPORTS Public Works Director Sanders stated all permits for the river walk and river stabilization project have been received. The trail by the Dock Cafe was moved about 15 feet closer to the river, saving all the trees along the Dock Cafe property and eliminating a lot of the Dock Cafe concerns. Plans and specs for this project will be brought to the next meeting for approval in anticipation of most of the work being done by March 2022. The Rec Center parking lot was paved last week. Fourth Street got the final lift of asphalt. Pioneer Park stairs will be closed for a month during construction of the handrail. The Neal Avenue trail will be finished shortly. Page 4 of 11 City Council Meeting June 1, 2021 Police Chief Mueller informed the Council that the Brooklyn Center case has been transferred from County Attorney Orput to the Attorney General's office. During the June 7 protests there were no injuries, charges or damage reports. There are now downtown patrol officers assigned. The Stillwater Area High School parade will be this Saturday. In response to the increase in catalytic converter thefts, there will be a catalytic converter marking event June 19. Parking enforcement in pay lots and the ramp began June 1. Fire Chief Glaser stated the Department has started 150th anniversary planning for next year. There are openings for paid on -call staff. Interim Community Development Director Wittman stated the second round of interviews for building inspector is starting. Zoning enforcement is ramping up. The Council commended Zoning Administrator Graham Tait for his enforcement efforts. City Administrator McCarty reminded the Council of the strategic planning session in July. The budget bonding process and the City's 2022 budget process will start soon. Library Director Troendle informed the Council that expanded operating hours began today. The summer reading program will run June 5-August 7. He thanked Public Works staff for assistance with the Story Stroll in Pioneer Park June 5-17. RECESS Mayor Kozlowski recessed the meeting at 6:33 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land City Planner/Interim Community Development Director Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - Julie Kink Mayor Kozlowski presented City Recording Secretary Julie Kink with a proclamation acknowledging her Stillwater Area High School Distinguished Alumni Award, and volunteering with Family Contacts Committee, Vietnam Gold Star families, and HOPE Adoption and Family Services. Page 5 of 11 City Council Meeting June 1, 2021 Proclamation - Len Nelson Mayor Kozlowski read a Proclamation recognizing grocer Len Nelson, Len's Family Foods, for his community spirit and service. Proclamation - Wally Abrahamson Mayor Kozlowski read a proclamation honoring Wally Abrahamson for his service to the City as Police Chief and then Mayor, and County Commissioner. Mr. Abrahamson's son Les Abrahamson thanked the Mayor and Council for the recognition. Letter of Appreciation for Officers Crist, McBroom, and Tennessen for their assistance in rendering medical aid to a Sheriff's Deputy Sheriff Dan Starry voiced gratitude for the Police Department staff. On May 17 one of the Sheriff deputies was transporting an individual to jail, when he had a medical emergency as a result of fentanyl exposure, and called for assistance. The deputy fully recovered thanks to the fast actions of the three officers. OPEN FORUM There were no public comments. CONSENT AGENDA May 4, 2021 Regular and Recessed meeting minutes May 18, 2021 Regular meeting minutes Payment of Bills Resolution 2021-075, Resolution Adopting Written Statement of Reasons for Denial Pursuant to Minnesota Statutes, § 15.99, Subd. 2, for a Building Demolition Permit Application for the Property at 304 Hazel Street East and for Remanding the Applicant Request, HPC Case No. 2021-10 Advanced Disposal Solid Waste, Recycling and Roll -off Hauler License Financial Audit Contract with CliftonLarsonAllen Lloyd Construction Services, Recycling and Roll -off Hauler License Market Place Lift Station Improvement Project Possible Purchase 2022 Ford 550 - Public Works Resolution 2021-076, Resolution Approving the Agreement Between the Washington Conservation District and the City of Stillwater for Raingardens Maintenance Agreement Settlement Agreement for 2019-08 Neal Avenue Improvement Project Resolution 2021-077, Resolution Supporting Sustainable Stillwater MN's Greater Stillwater Area Green Business Directory Temporary Liquor License Mamma Mia Event Zephyr Theatre's Broadway by the Bridge: Mamma Mia! Event Certified Crime Fighter Agreement Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. Page 6 of 11 City Council Meeting June 1, 2021 PUBLIC HEARINGS CPC Case No. 2021-28: request by Mr. Jan Niemiec, applicant and Susan Eskierka, property owner, for the consideration of a Rezoning and Resubdivision for a new development Property located at 7959 Neal Ave N. City Planner Wittman stated that the applicants would like to split this 2.33-acre lot into two lots. The resubdivision requires rezoning the property. The applicant is requesting: 1) a Zoning Map Amendment to rezone the property from AP (Agricultural Preservation) to RA (One -Family Residential); and 2) Resubdivision of Lot 2, Block 1, Trolley Trail Acres. Staff finds that, with certain conditions, the request conforms to the standards set forth in City Code. Staff recommends approving the Resubdivision and first reading of the Zoning Map Amendment. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2021-078, a Resolution Approving the Resubdivision of Lot 2, Block 1, Trolley Trail Acres, Case No. 2021-28 and to adopt first reading of an Ordinance Amending the Stillwater City Code Section 31-300 Entitled Establishment of Districts by Rezoning 2.33 Acres to RA: One - Family Residential, Case No. 2021-28. All in favor. On the request of Central Commons, LLC, in connection with the development of property as a mixed use Planned Unit Development project over several phases located in the City, and to grant an abatement to property taxes to be levied by the City. City Administrator McCarty stated that staff requests the City Council to hold the required public hearing on the tax abatement request of Central Commons, LLC, then recommends tabling the Resolution until June 15 so it can be approved together with the Development Agreement, Tax Abatement Agreement involving $3.144 million, and Assessment Agreement. City Attorney Land clarified the public hearing is for both the tax abatement and the business subsidy. Both relate to the same dollar amount, it just fits two categories requiring a public hearing. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Councilmember Polehna pointed out this is not a subsidy to a business per se, it is a subsidy to the development for extraordinary infrastructure costs. Councilmember Junker acknowledged the agreements are the result of countless hours of discussion between the committee, developer, and City staff. He recognized all who participated in the process. Motion by Councilmember Collins, seconded by Councilmember Polehna, to table action on the request by Central Commons, LLC, for an abatement to property taxes and business subsidy until June 15. All in favor. Page 7of11 City Council Meeting June 1, 2021 UNFINISHED BUSINESS 4th of July Event Update Mr. McCarty stated that planning for Stillwater's 2021 July 4th Celebration with activities similar to past years' events is well underway. Staff has been able to get commitments from previous years' music and entertainment providers at costs similar to previous years and within the approved 2021 Special Events budget. Confirmed events are: St Croix Jazz Orchestra concert in Pioneer Park from 7-9 p.m.; Battery I, 1st US Artillery on Mulberry Point with civil war cannon demonstrations; BAM! Productions will be bringing two bands to the Amphitheater in Lowell Park from approximately 5:30 - 9:45 p.m. Councilmember Polehna stated he is still working on trying to get a flyover and a Blackhawk to land in the park. Instead of using the stage like in the past, he suggested the music be performed on the plaza. He recommended Water Street be shut down that night. Council consensus was in agreement. NEW BUSINESS Zephyr Theatre 2021 Summer Event Series Permit Interim Community Development Director Wittman explained that in April of this year, the City Council received a temporary Outside Seating Area permit application from the Zephyr Theatre to conduct outside performances in their parking lot this summer. As the Theatre's request included outside amplification, the Council denied the request on the basis the temporary OSA program does not allow for outside amplification. The Council advised an amendment to the Theatre's Conditional/Special Use Permit request is required for Outside Events held on private land in the Central Business District. Given the potential amendment is for outside performances with amplified sound, and the City has fielded complaints regarding this use, staff does not recommend Use Permit modification approval to the City Planning Commission. Staff advised the Theatre that submittal of a standard Event Permit application may be the only option at this time. City Code advises the City Council may "approve one-time special event not occurring on a regular basis" in the Central Business District. As such, the Theatre has requested approval of an event series to be held in their parking lot 18 times a month from May through October, 2021. As noted in their request letter, this would enable the Theatre to continue operations while occupancy restrictions are in place. Comments were received from a number of neighbors, some in support, some against the request. Staff recommends that the Council approve a modified outdoor event series for no greater than ten events for 2021 and for no greater than one performance in a single week. Calyssa Hall, Executive Director of the Zephyr Theatre, stated last year they held 42 events outdoors in their parking lot and found that augmenting the business practice provided a sustainable income stream. They feel this concert series is an entry point for many in the community who otherwise would not come to the Theatre. They are investing in more sound mitigation equipment and need more than 10 events per year to justify the investment. They plan to follow all noise restrictions and end by 10 p.m. They plan to pay the parking mitigation fee recommended by the DTPC for the entire parking lot. Most events will likely have under 200 guests, but they would like the ability to have a larger capacity. Page 8 of 11 City Council Meeting June 1, 2021 Councilmember Junker asked if they seated 200, would any parking still be available; and Ms. Hall answered that 250 people, social distanced, would occupy only the north portion of the parking lot, leaving half the parking spaces. Councilmember Collins inquired how many shows must they do per month to make the investment in the speaker system worthwhile; and Ms. Hall replied 10-12. 18 is the ideal number. As a nonprofit they do not rely on ticket sales alone so they need to augment their revenue streams to keep ticket prices accessible. Councilmember Odebrecht stated he understands the engineering of the sound system is a fairly significant investment; and Ms. Hall confirmed, adding that they will modify the sound as needed. Mayor Kozlowski remarked he is fine with the request as submitted. This is a nonprofit that provides the community with a unique service. He mentioned a concern about garbage around the building shown in pictures submitted by a neighbor; and Ms. Hall respdonded that they are working with the Brown's Creek Trail Association on a sculpture garden and are cleaning up the north end after doing building renovations. Councilmember Odebrecht reminded the Council this is not the only live music downtown. He asked the Theatre to explain their efforts to work with nearby residents; and Jessica Thienes, Development Director for The Zephyr Theatre, replied that doing inside events continues to be part of their plan, however being able to do these outdoor concert s and performances allows them to fulfill their mission of providing arts access to every person in the community. They are developing relationships with sponsors and donors through diversified programming that is approachable for many demographics. Councilmember Junker asked if the long range goal and mission are still to build a 330 seat indoor auditorium; and Ms. Hall answered yes, they want to set up specific advisory councils with their neighbors to the west and the south to resolve issues right away. Councilmember Polehna commented he was more concerned about motorcycle noise than noise from the performances. The Theatre is bringing the arts to the public. Mayor Kozlowski encouraged the Theatre to use the City stages in Pioneer Park and Lowell Park as much as possible also. He would love to see more Shakespeare in the Park. Councilmember Collins thanked the Theatre for the educational outreach they are doing for the community. Councilmember Junker commended the Theatre on working with as many businesses and residents as possible. Mayor Kozlowski pointed out this is a permit so it may be revoked if it is found to disrupt the neighborhood significantly. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to approve the outdoor event series for 18 performances per month. All in favor. Joe Sacharoski, 650 Main, Terra Springs, stated he supports what the Zephyr Theatre is trying to accomplish, but living in close proximity to what was done last year, some (not all) of the musical events were extremely unpleasant and not all ended at 10 p.m. He suggested the musicians themselves also not use their amplifiers to reduce the unpleasantness of some Page 9 of 11 City Council Meeting June 1, 2021 of the sound. Councilmembers encouraged Mr. Sacharoski to join one of the Theatre's advisory boards. Self-propelled Device Ordinance Mayor Kozlowski explained this is basically a law that does not prohibit any self-propelled device, but says if operated in an unsafe manner it is not allowed. It does not specifically prohibit skateboards. The Council needs to look further at some areas where it does not want any self-propelled devices, for example the plaza at the end of the bridge. He also would like to look at purchasing curb stops specifically for their use. The ordinance is not ready for first reading. He also wants to reach out to the Chamber and business owners for feedback. City Attorney Land stated she will bring the ordinance back with revisions based on the Council's input. Councilmember Polehna stated maybe a committee of skateboarders and parents should be formed to work on rebuilding the skateboard park at Lily Lake. COUNCIL REQUEST ITEMS There were no Council Requests. CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adjourn to closed session pursuant to Minn. Stat. §13D.05, subd. 3(d), for the Council to discuss emergency response procedures and recommendations regarding public services, infrastructure and facilities. It is determined by the Council that such disclosure of the information discussed would pose a danger to public safety or compromise security procedures or responses. All in favor. The meeting was adjourned to closed session at 8:15 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht and Polehna Also present: City Administrator McCarty, City Attorney Land, Police Chief Mueller Motion by Councilmember Junker, seconded by Councilmember Collins, to reopen the meeting. All in favor. The meeting was reopened at 8:36 p.m. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourn at 9:37 p.m. ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor Page 10 of 11 City Council Meeting June 1, 2021 Resolution 2021-075, Resolution Adopting Written Statement of Reasons for Denial Pursuant to Minnesota Statutes, § 15.99, Subd. 2, for a Building Demolition Permit Application for the Property at 304 Hazel Street East and for Remanding the Applicant Request, HPC Case No. 2021-10 Resolution 2021-076, Resolution Approving the Agreement Between the Washington Conservation District and the City of Stillwater for Raingardens Maintenance Agreement Resolution 2021-077, Resolution Supporting Sustainable Stillwater MN's Greater Stillwater Area Green Business Directory Resolution 2021-078, a Resolution Approving the Resubdivision of Lot 2, Block 1, Trolley Trail Acres, Case No. 2021-28 Page 11 of 11 Page 1 CITY OF STILLWATER LIST OF BILLS Ace Hardware Supplies 243.93 Action Rental Inc. Mixing trailer & concrete 250.00 Advance Auto Parts Equipment repair supplies 749.68 Arrow Sports Group Concession supplies 951.60 Aspen Mills Cap device 189.95 Batteries Plus Bulbs Batteries 163.90 Beacon Athletics Field supplies 482.00 BlueCross BlueShield of MN Inc. Retiree Health Ins 11,747.00 Bolton and Menk Inc. Greeley & Marketplace Lift Station Improvements 7,570.50 Brock White Co. LLC Crafco Plexi Melt Roadsaver 5,115.00 CDW Government Inc. Battery 66.33 Century Link Wellhouse SCADA System & Telephones 1,199.82 Certified Crime Fighter Subscription - software 1,584.00 Cintas Corporation Uniforms & mats 322.24 Clifton LarsonAllen LLP Audit 3,250.00 Coca-Cola Distribution Beverages for concessions 654.24 Comcast Internet & Voice 446.28 Cope Plastics Inc. Equipment repair supplies 4,734.72 Cub Foods Plates & cups 41.46 Dalco Can liners 877.80 Dell Marketing L.P. PC for SCADA 2,020.38 Dog Waste Depot EZ tie bags 97.99 Door Service Company Handicap buttons for PW 190.00 DVS Renewal Unmarked 2018 GMC Acadia 19.25 ECM Publishers Publications 175.75 Ecolab Pest Flies 400.00 Ess Brothers & Sons Inc. Manhole protection rings 676.60 EulIs Manufacturing Barrier 855.00 Ferguson Enterprises Inc. #1657 Meters 300.01 Fury Motors Vehicle service - 210 61.77 Goodyear Commercial Tire Tires 468.84 Gopher State One Call Inc. Locates 550.80 Grainger Air filtration system 490.47 Guardian Supply Uniform supplies 63.48 Hawkins Inc Hydrofluosilicic Acid & Chlorine 4,154.67 Helkes Tree Service Tree Removal 3,500.00 Heritage Embroidery & Design Parking attendant shirts 240.00 Heritage Printing Inc. Business cards - Larry Oberrecht 51.90 Holiday Companies Vehicle washes 400.00 Holiday Credit Office Fuel 33.12 Indelco Plastics Corporation Equipment repair supplies 210.61 Inspectron Inc Inspections 2,925.00 Instrumental Research May water testing 200.00 Integrity Land Development Inc Refund Remainder of Dev Deposit Heifort Hills Est 2 6,579.36 J.P. Cooke Co. Dog license 71.10 Johnny's TV Inc. Equipment 492.44 Kelley Sara Parking Refund due to COVID 160.00 Kelly & Lemmons PA Prosecution 8,333.00 Page 2 Kwik Trip Inc League of MN Cities Ins Tr LeVander Gillen Miller PA Lincoln National Life Insurance Co Lynskey and Clark Companies Masco John Menards Metropolitan Council Metropolitan Council Environmental Michaelis Daniel Miller Excavating MK Mechanical Inc MN Chiefs of Police Assoc. MN Dept of Health Drinking Water Municode Office Depot OnSite Sanitation Performance Plus LLC Potter Dave & Lisa Quill Corporation R&R Specialties Inc. Ready Watt Electric Rehn Code Consulting Services Riedell Shoes Inc. Safe Fast Inc Safe Fleet Mobile Vision Scott Julie Sherwin Williams SHI International Corp Sigler Timothy Simplifile LC SiteOne Landscape Supply Smith Stephanie Springbrook Software St. Croix Boat and Packet Co. Stillwater Motor Company Stillwater Rotary Club Suburban Wildlife Control T.A. Schifsky and Sons Tessman Seed Co. St. Paul Thomson Reuters Titan Machinery Shakopee Total Parking Solutions Inc. Tri-State Bobcat True North Consulting Group US Postal Service US Postal Service Verizon Wireless Washington County Public Works Washington County Recorder Fuel Quarterly Municipality & Workers Comp Ins Professional Services COBRA Life Insurance Parking Refund due to COVID Parking Refund due to COVID Supplies Monthly SAC Wastewater Charge Refund of double payment Lake McKusick North Sediment Removal Server room mini split unit Permits to acquire Water supply system certificate Class C Code pages Office supplies Portable Restroom Drug screen Refund of dog license Office supplies Equipment repair supplies Batteries and repair on sirens Plan Review Skates Safety Vests Equipment Parking Refund due to COVID Equipment repair supplies - guard shack Barracuda Energize Tim Sigler Band at Stillwater Lift Bridge Event Filing fee Supplies Parking Refund due to COVID Monthly UB web payments Dock space lease & ramp cleaning Vehicle service Membership Gopher & mole control Asphalt Fertilizer Information Charges Equipment repair supplies WebOffice CMS Monitoring & receipt paper Equipment repair supplies Operations review for IT dept PO Box Fee Payment Postage for mail machine Wireless Service Millbrook West parking lot access permit Assessing Service Fee 76.93 163,412.00 19,244.62 3.60 120.00 260.00 592.18 22,141.35 169,535.87 62.03 8,754.64 7,800.00 37.50 23.00 3,118.40 16.85 940.19 270.00 20.00 163.94 389.40 3,584.00 7,903.97 106.55 464.40 880.00 100.00 431.86 2,424.00 3,000.00 250.00 240.24 560.00 18,430.50 6,716.67 50.69 10.00 395.00 1,232.04 282.99 158.12 161.01 1,490.00 70.00 8,697.50 94.00 7,000.00 3,356.81 500.00 118,463.91 Wellner Wade Reimburse for Work Boots Zahl Petroleum Maintenance Co. Dritek LIBRARY Amazon Business Blackstone Audio Blick Art Materials Brodart Co Culligan of Stillwater Hedin Sue Hmong American Farmers Assoc Jim Gill Inc Menards Midwest Tape Stillwater Printing Co. MAY MANUALS Municipal Builders NAC Mechanical and Electrical Services St. Croix Boat and Packet Co. MAY CREDIT CARDS Amazon.com AnyPromo.com Automatic Fire Alarm Assoc BCA Training Dream Host Facebook.com Global Industrial Global Leadership Network Grand Pizza & Catering Jobs HQ Forum Interactive Key Me McMaster -Carr Supply Co. Menards Online Minnesota Sheriffs Association MN Dept of Labor and Industry MN State Colleges & Univ. Office Max Pizza Man of Stillwater Rose Floral TechSoup Supplies Materials Materials Materials Water Programs Programs Programs Janitorial Supplies Materials Programs Well # 9 Generator Annual Alert System Maintenance Sams Club Supplies Give-away items for community events Training Training Website Hosting SPD Social media fees Door for evidence enclosure - PD garage Global Leadership Summit Employee appreciation lunches Building inspector ad Keys for 5th st building Book Bin Repairs Blinds for 3rd floor Training - Weldon Renewal fee MCFOA Conference & certifications Office supplies for building dept BWC demo day Flowers for Administrative Professionals Day Adobe Pro License Page 3 200.00 87.50 158.09 279.27 41.83 3,556.46 52.45 57.80 200.00 1,000.00 82.85 1,102.63 68.00 70,729.80 1,882.00 56,125.53 380.03 344.25 530.00 75.00 21.45 10.00 1,046.69 298.00 882.90 199.00 17.83 47.86 361.60 150.00 90.00 515.00 83.50 60.00 96.34 55.00 Memorandum TO: Mayor and City Council FROM: Taylor Stockert, Natural Resources Technician DATE: June 8, 2021 SUBJECT: Approval of Minnesota DNR Grant Funding Contract and Conflict of Interest Disclosure for Croixwood Open Space Buckthorn Removal Project DISCUSSION: In an effort to combat the widespread issue of invasive species in City -owned park and open space lands, City staff have begun efforts to more intensely monitor and manage these areas. This is done to ensure that City park and open space areas remain ecologically productive, aesthetically pleasing, and recreationally functional for the benefit of Stillwater residents. As part of these efforts, City staff prepared a Conservation Partners Legacy Grant Program application, administered by the Minnesota Department of Natural Resources (DNR), and were awarded $31,500. This funding will go towards buckthorn removal —an aggressive and invasive woody plant well-known for its disruptive and destructive qualities. Removal will take place within an 8-acre parcel of City property along Long Lake known as Croixwood Open Space. RECOMMENDATION: Staff recommends that Council authorize the approval of the proposed grant contract and conflict of interest disclosure agreement. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion to approve the grant contract, as well as the conflict of interest disclosure, and enter into agreement with the Minnesota DNR. DEPARTMENT OF NATURAL RESOURCES Conflict of Interest Disclosure Conflict of Interest As referenced in the Minnesota Department of Administrations Office of Grants Management's Policy 08-01, a conflict of interest, actual, potential, or perceived, occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper or illegal act results from it. Actual Conflict of Interest An actual conflict of interest occurs when a decision or action would compromise a duty to a party without taking immediate appropriate action to eliminate the conflict. Examples included but not limited to: • One party uses his or her position to obtain special advantage, benefit, or access to the other party's time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. • One party receives or accepts money (or anything else of value) from another party or has equity or a financial interest in or partial or whole ownership of the other party's organization. • One party is an employee, board member or family member of the other party. Potential Conflict of Interest A potential conflict of interest may exist if one party has a relationship, affiliation, or other interest that could create an inappropriate influence if the person is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. Examples included but not limited to: • One party has a relationship, affiliation, or other interest that could create an inappropriate influence if one party is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. For example, when one party serves in a volunteer capacity for another party, it has the potential to, but does not necessarily create a conflict of interest, depending on the nature of the relationship between the two parties. A disclosed potential conflict of interest warrants additional discussion in order to identify the nature of the relationship, affiliation, or other interest and take action to mitigate any potential conflicts. Perceived Conflict of Interest A perceived conflict of interest is any situation in which a reasonable third party would conclude that conflicting duties or loyalties exist. A disclosed perceived conflict of interest warrants additional discussion in order to identify the nature of the relationship, affiliation, or other interest andtake action to mitigate any potential conflict Individual Conflict of Interest A conflict of interest that may benefit an individual employee where actions or non -action could be interpreted to be influenced by something that would benefit them directly or through indirect gain to a friend, relative, acquaintance or business or organization with which they are involved. An employee uses his/her status or position to obtain special advantage, benefit, or access to the grantee or grant applicant's time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence Revised June, 2019 Organizational Conflict of Interest A conflict of interest can also occur with an organization that is a grant applicant or grantee of a state agency. Organizational conflicts of interest occur when: • A grantee is unable or potentially unable to render impartial assistance or advice to the State due to competing duties or loyalties • A grantee's objectivity in carrying out the grant is or might be otherwise impaired due to competing duties or loyalties • A grantee creates an unfair competitive advantage in hiring for professional services or purchasing supplies or equipment by furnishing unauthorized proprietary information or source selection information that is not available to all competitors and create a path to one or a few. This section to be completed by Grantee's Authorized Representative: I certify that we will maintain an adequate Conflict of Interest Policy, and throughout the term of our agreement will report any actual, potential and perceived conflicts of interests by individual employees or are organization as a whole to the State's Authorized Representative. Organization Name: Project Name: Grant Program: Authorized Representative Name: Signature: Date: Revised June, 2019 State Accounting Information PO Number: CONSERVATION PARTNERS LEGACY GRANT PROGRAM ENCUMBRANCE WORKSHEET City of Stillwater/ Croixwood Open Square Buckthorn Remediation Plan State Accounting information: SWIFT Contract Doc. Type: SWIFT Contract Line # (Annual Plans): SWIFT Contract #: SWIFT Purchase Order #: Agency: R2901 Submitted By: Kathy Varble Origin: A24 Vendor #: Category Code: 84101501 Total Amount of Contract for ALL years: $31�rJ0U Total Amount of Contract: $ 31,500 For FY: 21 Total Amount of Contract: For FY: Total Amount of Contract: For FY: Contract Start Date: Upon Execution Contract Expiration Date: June 30, 2024 Grantee Name and Address: City of Stillwater Did you remember to: Check for debarred vendor? Check for annual plan limit? Work on state lands? X x Speedchart Name: Speedchart Number: 216 4th St N Stillwater, MN 55082 Yes Yes Yes X No No No PO Reference: KV-FY21 CPL Croixwood Open Square Buckthorn Remediation Plan Description: FY2021 ECP 4; City of Stillwater, Croixwood Open Square Buckthorn Remediation Plan. The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve public recreational opportunities. Statewide/ Agency Reporting Funding String Line Budget/ Bond Year Amount Fund FinDeptlD ApproplD Account Statewide Cost Agency Cost 1 Agency Cost 2 1 21 $31,500 2300 R2936725 R296K10 441352 2W205 Project/ Grant Reporting Funding String Line PC Business Unit Project Activity Source Type Category Sub -Category Rev. 10/14 1 State Accounting Information PO Number: This page intentionally left blank Rev. 10/14 2 State Accounting Information PO Number: STATE OF MINNESOTA CONSERVATION PARTNERS LEGACY GRANT PROGRAM GRANT CONTRACT City of Stillwater/ Croixwood Open Square Buckthorn Remediation Plan This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, ("State") and City of Stillwater, 216 4th St N, Stillwater, MN 55082 ("Grantee"). Recitals 1. Under Minnesota Laws 2020, Regular Session, Chapter 104, Article 1, Section 2, Subd. 5(r), and Minnesota Statute § 84.026 the State is empowered to enter into this grant. 2. The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve public recreational opportunities. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.§ 16B.98, Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: The date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5. Per, Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2024, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 2.4. Signage; 11. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property Rights; 15. Data Compatibility and Availability Requirements; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; 23. Data Disclosure; and 24. Use of Funds for Match or Reimbursement. 2 Duties Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). 2.2 Perform each of the duties outlined in Attachment A, Work Plan, which is attached and incorporated into this grant contract. Any changes to the Work Plan must have prior written approval from the State's Authorized Representative. 2.3 Apply for and receive all necessary approvals and permits to complete the project and comply with all applicable local, state and federal laws, ordinances, rules, and regulations. This includes all legal restrictions and requirements contained in Minnesota Laws 2020, Regular Session, Chapter 104, Article 1, Section 2, Subd. 5(r), and MN Statute 97A.056. 2.4 Meet all grant program requirements, as described in the Conservation Partners Legacy Grant Program (CPL) FY2021 Request for Proposal, which is incorporated into this grant contract by reference. The Request for Proposal (RFP) may be located at https://files.dnr.state.mn.us/fish wildlife/cpl/rfp.pdf. 2.5 Erect signage in accordance with Minnesota Laws 2009, Chapter 172, Article 5, Section 10, and MN Statute 97A.056. Signs have been designed and created and will be ordered and mailed to Grantee towards the end of the grant period. Grantee is not responsible for the cost of signs but is responsible for placing signs according to MN Laws. 2.6 Submit a progress report based on expenditures made and work performed during the previous year, in a form prescribed by the State, by December 31 of each year during the term of this grant contract. A final report must Rev. 10/14 3 State Accounting Information PO Number: be submitted prior to or with the request for final payment. 2.7 To provide match as pledged in the approved Work Plan in non -state cash or in -kind services for the costs incurred for the completion of the Project. 2.8 Follow all Invasive Species regulations, policies and procedures of the Department of Natural Resources (DNR) to prevent or limit the introduction, establishment, and spread of invasive species (see section 4.2). This requirement applies to all activities performed on all lands under this grant contract and is not limited to lands under DNR control or public waters. State's Duties 2.9 To provide Grantee up to $31,500 for the costs incurred for the completion of the Project. 2.10 For grants over $50,000, the State's Authorized Representative(s) or other designated State Representative will conduct at least one monitoring visit per grant period. For grants over $250,000, these visits will be on an annual basis. A monitoring visit may be in person or by telephone. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Project Requirements 4.1 Vegetation Requirements. All projects funded in whole or in part by this grant use only seed mixes or plant lists approved by the Land Manager of the project site. Approval by land manager should be kept on file by grantee for auditing purposes. 4.2 Invasive Species Prevention. The DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during all activities performed on all lands under this grant contract. The grantee and/or hired contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site. If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by grantee/contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The grantee/contractor shall dispose of material cleaned from equipment and clothing at a location determined by the land manager. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. The grantee/contractor shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non -infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated. 4.3 Project Sites. All restoration and enhancement projects funded with this grant must be on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. 4.4. Restoration and Management Plan. Hereinafter known as R&M Plan. (a) For all restorations, prepare and retain an ecological restoration and management plan that, to the degree practicable, is consistent with current conservation science and ecological goals for the restoration site. Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration. The plan shall include the proposed timetable for implementing the restoration, including, but not limited to, site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and use the current conservation science to achieve the best restoration. Rev. 10/14 4 State Accounting Information PO Number: (b) The R&M plan shall be prepared on a form provided by the State's Authorized Representative. 4.5 Timely written contact of Conservation Corps Minnesota. All grantees must give consideration to and make timely written contact with the Conservation Corps Minnesota or its successor for consideration of possible use of their services to contract for restoration and enhancement services. A copy of the written contact must be filed with the State's Authorized Representative within 10 days of grant execution. 4.6 Pollinator Best Management Practices. Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minnesota Statutes, section 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here: http://files.dnr.state.mn.us/natural resources/npc/bmp contract Ianguage.pdf. 4.7 Prescribed Burning on State Lands. For prescribed burns on state lands, contractors must meet the equipment and personnel requirements (including training and experience) called for in the prescribed burn plan provided by the State. Requirements can be found at https://files.dnr.state.mn.us/forestry/wildfire/rxfire/prescribedBurn Handbook2010.pdf. 4.8 Revenues. Any revenues generated during the grant period from activities on land acquired, restored, or enhanced with CPL funding must be disclosed to CPL staff and used for habitat purposes to be agreed upon. 5 Additional Restrictions CPL funded projects may not be used as future mitigation for any loss or destruction of habitat. 6 Consideration and Payment 6.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation. The Grantee will be paid according to the breakdown of costs contained in Attachment A, which is attached and incorporated into this grant contract. Partial payments are allowed. Grantees may vary by 10% between budget categories without prior approval from the State's Authorized Representative. Reasonable amounts may be advanced to accommodate cash flow needs or to match federal share. The advances must be approved in the Work Plan. (b) Travel Expenses. Payment for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $31,500. 6.2 Payment (a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted, on or before 4 pm local time, July 25, 2024. Invoices must include copies of appropriate documentation to prove the work has been completed. Invoices must be submitted in a timely manner and in the manner described in the CPL Payment Manual, which is incorporated into this grant contract by reference and can be found at: http://files.dnr.state.mn.us/assistance/grants/habitat/lessard sams/grantee/payment manual.pdf (b) Hold Back. No less than 5% of the amount of the grant must be held back from payment until the grant recipient has completed a grant accomplishment report by the deadline in the form prescribed by and satisfactory to the State and LSOHC. (c) Direct Expenditures. Grant and match funds may only be used for the eligible direct expenditures as Rev. 10/14 5 State Accounting Information PO Number: described in the approved Work Plan. Indirect costs and institutional overhead costs are ineligible. (d) Match Requirements Met. All match requirements must have been fulfilled by the Grantee prior to final payment by the State. (e) Federal Funds. No Federal funds will be used. 6.3 Work assigned to the State. The Grantee may provide portions of the proceeds of this contract to the State. Work done by the State must be so specified in the Work Plan. A letter shall be sent to the State's Authorized Representative and include: the specific area of the Work Plan authorizing the work; the portion of the proceeds to be used by the State; the name, title, address, phone number and e-mail address for the State's representative assigned to accomplish the work; the expected completion date of the work; and a brief description of the nature of the work sufficient as the basis for judgment of whether or not the work was accomplished. If the work authorized by the Grantee is acquisition of land or an interest in land, the amount made available to the State shall include the Grantee's proportionate cost of professional services to complete the acquisition. The Grantee's proportion shall be determined by the ratio of its contribution to the acquisition price as a portion of the whole acquisition price. The Grantee's proceeds available under Clause 8, Payment Procedures, of this contract shall be reduced by the amount provided for State use. 6.4 Contracting and Bidding Requirements. (a) Municipalities. Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must do the following if contracting funds from this grant contract for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. i. If the amount of the contract is estimated to exceed $175,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2). ii. If the amount of the contract is estimated to cost between $25,000 and $174,999, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and paragraph (c). iii. If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2). (b) Nonprofit Organizations. i. Any services and/or materials that are expected to cost $100,000 or more must undergo a formal notice and bidding process. ii. Services and/or materials that are expected to cost between $25,000 and $99,999 must be competitively awarded based on a minimum of three verbal quotes or bids. iii. Services and/or materials that are expected to cost between $10,000 and $24,999 must be competitively awarded based on a minimum of two verbal quotes or bids or awarded to a targeted vendor. iv. The grantee must take all necessary affirmative steps to assure that targeted vendors from businesses with active certifications through these entities are used when possible: Rcv. 10/14 6 State Accounting Information PO Number: • State Department of Administration's Certified Targeted Group, Economically Disadvantaged and Veteran -Owned Vendor List • Metropolitan Council's Targeted Vendor list: Minnesota Unified Certification Program • Small Business Certification Program through Hennepin County, Ramsey County, and City of St. Paul: Central Certification Program v. The grantee must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. (c) Support documentation. Documentation of the bidding process utilized to contract services must be included in the grantee's financial records, including support documentation justifying a single/sole source bid, if applicable, for both municipalities and nongovernmental organizations. (d) Prevailing wage. For any project that includes construction work of $25,000 or more, prevailing wage rules apply per; Minn. Stat. §§177.41 through 177.44 consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. Additional information on prevailing wage requirements is available on the Department of Labor and Industry (DOLI) website at http://www.dli.mn.gov/LS/PrevWage.asp. Questions about the application of prevailing wage rates should be directed to DOLI at 651-284-5091. The Grant recipient is solely responsible for payment of all required prevailing wage rates. (e) The grantee must not contract with vendors who are suspended or debarred in MN: http://www.mmd.admin.state.mn.us/debarredreport.asp. 7 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 8 Payment Procedures 8.1 Documentation Requirements. To obtain the payment approved for work under this grant contract, the grantee must follow all payment procedures documented within the CPL Payment Manual. 9 Authorized Representative The State's Authorized Representatives: Kathy Varble CPL Program Coordinator 500 Lafayette Road Box #20 St. Paul, MN 55155 651-259-5216 kathy.varble@state.mn.us or successor(s) have the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative(s) are: Project Manager Fiscal Contact Taylor Stockert Taylor Stockert Rev. 10/14 7 State Accounting Information PO Number: Natural Resources Technician Natural Resources Technician 216 Fourth St N 216 4th St N Stillwater, MN 55082 Stillwater, MN 55082 tstockert@ci.stillwater.mn.us tstockert@ci.stillwater.mn.us 651-430-8836 651-430-8836 If the Grantee's Authorized Representative(s) changes at any time during this grant contract, the Grantee must immediately notify the State. 10 Assignment, Amendments, Waiver, and Grant Contract Complete 10.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 10.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 10.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's right to enforce it. 10.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 11 Liability and Insurance 11.1 Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 11.2 General Insurance Requirements. The Grantee shall not commence work under the contract until proof of insurance or compliance with insurance requirements has been met. Grantee must meet the insurance requirements applicable to grantee's project, as described in the FY2021 Conservation Partners Legacy Grant Program Request for Proposal, which is incorporated into this grant contract by reference. 11.3 Worker's Compensation. The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 In the Event of a Lawsuit 12.1 An appropriation or portion of an appropriation from a legacy fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 12.2 Any grant contract or similar contract that awards money from a legacy fund must contain the information in paragraph 11.1, Liability. 13 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all Rev. 10/14 8 State Accounting Information PO Number: state and program retention requirements, whichever is later. 14 Government Data Practices and Intellectual Property Rights 14.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 14.2 Intellectual Property Rights. (a) Intellectual Property Rights. All rights, title, and interest to all intellectual property rights, including all copyrights, patents, trade secrets, trademarks, and service marks in the works and documents funded through the State of Minnesota Conservation Partners Legacy Grant Program, shall be jointly owned by the Grantee and the State. Works shall mean all inventions, improvements, or discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes or disks, conceived, reduced to practice, created, or originated by the Grantee, its employees and subcontractors, either individually or jointly with others, in the performance of this contract. Documents shall mean the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, or subcontractors, in the performance of this contract. The ownership interests of the State and the Grantee in the works and documents shall equal the ratio of each party's contributions to the total costs described in the Budget of this contract. The party's ownership interest in the works and documents shall not be reduced by any royalties or revenues received from the sale of the products or the licensing or other activities arising from the use of the works and documents. Each party hereto shall, at the request of the other, execute all papers and perform all other acts necessary to transfer or record the appropriate ownership interests in the works and documents. (b) Obligations 1. Notification: Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time, or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this contract, the Grantee shall immediately give the State's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon. All decisions regarding the filing of patent, copyright, trademark or service mark applications and/or registrations shall be the joint decision of the Grantee and the State, and costs for such applications shall be divided as agreed by the parties at the time of the filing decisions. In the event the parties cannot agree on said filing decisions, the filing decision will be made by the State. 2. Representation: The Grantee shall perform all acts, and take all steps, necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Grantee and the State as agreed herein, and that no Grantee employee, agent, or contractor retains any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and shall not infringe upon any intellectual property rights of others. The Grantee shall indemnify, defend, and hold harmless the State, at the Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works and Documents infringe upon the intellectual property rights of others. The Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, Rev. 10/14 9 State Accounting Information PO Number: attorney fees. If such a claim or action arises, or in the Grantee's or the State's opinion is likely to arise, the Grantee shall, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works and Documents necessary and appropriate to obviate the claim. This remedy shall be in addition to, and not exclusive of, other remedies provided by law. (c) Uses of the Works and Documents. The State and Grantee shall jointly have the right to make, have made, reproduce, modify, distribute, perform, and otherwise use the works, including Documents produced under this Contract, for noncommercial research, scholarly work, government purposes, and other noncommercial purposes without payment or accounting to the other party. No commercial development, manufacture, marketing, reproduction, distribution, sales or licensing of the Works, including Documents, shall be authorized without a future written contract between the parties. (d) Possession of Documents. The Documents may remain in the possession of the Grantee. The State may inspect any of the Documents at any reasonable time. The Grantee shall provide a copy of the Documents to the State without cost upon the request of the State. 15 Data Compatibility and Availability Requirements 15.1 Data Compatibility. Data collected by the Projects funded under this contract that have value for planning and management of natural resources, emergency preparedness, and infrastructure investments shall conform to the enterprise information architecture developed by the Office of Enterprise Technology (or its successor). Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land Management Information Center. A description of these data that adheres to the Office of Enterprise Technology (or its successor) geographic metadata standards shall be submitted to the Land Management Information Center to be made available online through the clearinghouse and the data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, Chapter 13. 15.2 Data Availability. To the extent practicable, summary data and results of projects funded by this grant program should be readily accessible on the Grantee's website and identified as a Lessard -Sams Outdoor Heritage Council and Conservation Partners Legacy Grant Program project. 16 Publicity, Advertising and Endorsement 16.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and L- SOHC as the sponsoring agency. A copy of any publicity shall be furnished to the State's Authorized Representative upon its release. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 16.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 17 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18 Accessibility and Safety 18.1 Accessibility. Structural and nonstructural facilities and programs must meet all state and federal accessibility laws, regulations, and guidelines, including the American with Disabilities Act (ADA). Accessibility guidelines and standards can be found at http://www.access-board.gov. 18.2 Safety. All programs must adhere to federal safety regulations, which can be found on the Occupational Health and Safety Administration's website at www.osha.gov/law-regs.html. 19 Subgrantees/ Vendor Services If any subgrants or contracts for any portion of the work covered under this grant contract are made to another Rev. 10/14 10 State Accounting Information PO Number: entity, the contract with the subgrantee or contractor will contain all appropriate provisions of this grant contract. It is recommended that all Subgrantees/Contractors carry the same insurance as the Grantee. Subgrantee or Vendor services must follow requirements listed in the Conservation Partners Legacy Grant Program (CPL) Request for Proposal, located at https://files.dnr.state.mn.us/fish wildlife/cpl/rfp.pdf as applicable. 20 Purchase of Recycled or Recyclable Materials The purchase of recycled, repairable, and durable materials must be in compliance with Minn. Stat. § 166.121. The purchase and use of paper stock and printing must be in compliance with Minn. Stat. 166.122. 21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 21.1. The prospective lower tier participant certifies, by submission of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 21.2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this contract. 22 Termination 22.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 22.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 23 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities. 24 Use of Funds for Match or Reimbursement Grant funds cannot be used by the Grantee as match or for reimbursement for any other grant or program without prior written authorization from the State's Authorized Representative. (a) The Grantee must submit a written request for authorization no less than 10 business days prior to applying for the new funds or program to the State's Authorized Representative. This request must include the following information: CPL project name, CPL grant contract number, the amount of CPL grant funds to be used, location where CPL grant funds were or will be used, activity the grant funded, and current landowner. The project name, location where the new funds will be used, activity to be funded, funding source of the new grant or program, and a brief description of the grant or program being applied for must also be included. (b) If the new grant or program will add any encumbrances to the land where grant funds were or will be spent, these encumbrances must be approved in writing by the State's Authorized Representative and the current landowner. 25 Conflict of Interest Under the Minnesota Department of Administration's Office of Grants Management Conflict of Interest Policy for State Grant Making (available at http://mn.gov/admin/images/grants policy 08-01.pdf) and other applicable laws, Grantees must disclose actual, potential, perceived, and organizational conflicts of interest. Rev. 10/14 11 State Accounting Information PO Number: 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. '§ 16A.15 and 16C.05. 3. DEPARTMENT OF NATURAL RESOURCES By: By: Date: Purchase Order Number: Name: Dave Olfelt Title: Director, Division of Fish and Wildlife Date: with delegated authority Contract #: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: By: Name: Name: Title: Title: Date: Date: By: By: Name: Name: Title: Title: Date: Date: Rev. 10/14 12 Attachment A: Work Plan IMT-,1 DEPARTMENT OF I..I NATURAL RESOURCES DIVISION OF FISH AND WILDLIFE CONSERVATION PARTNERS LEGACY GRANT Revision: 20191104 Data Date: May 28, 2021 PROJECT CONTACT Project Name: Croixwood Open Square Buckthorn Remediation Plan Organization Name: City of Stillwater Organization Type: Government Mailing Address 1: 216 Fourth St N City, State ZIP Code: Stillwater, MN 55082 Project Manager: Taylor Stockert Title: Natural Resources Technician Phone: 651-430-8836 Email: ttockert@ci.stillwater.mn.us PROJECT OVERVIEW Sites / Location County Name: Washington Project Site Name: Croixwood Open Square Total Project Sites: 1 Total Project Acres: 10 Habitat Primary Type: Forest Additional Types: (N/A) Land Ownership Primary Land Ownership: Local Government Additional Land Ownerships: (N/A) Activities Primary Activity: Restoration Additional Activities: (N/A) PROJECT FUNDING SUMMARY Grant Type: (N/A) Grant Request Level: (N/A) Total Grant Amount Requested: Total Match Amount Pledged: Additional Funding Amount: $31,500 $3,150 $0 Total Project Cost: $34,650 PROJECT SUMMARY The Croixwood Open Square is a 10-acre parcel of public property located on the eastern shore of Long Lake, a highly developed urban lake in Stillwater, Minnesota. A trail easement exists on the west side of the lake, but most of the Lakeshore is privately owned, making this is the largest piece of public property along the lake. The site offers recreational value, but its true value lies in its function as a remnant forest patch and vegetative buffer. While not an area recognized as part of the Metro Conservation Corridors, the Croixwood Open Square is part of an important north -south waterway corridor running through the heart of Stillwater. It is upstream from Brown's Creek, one of a handful of metro area trout streams, emphasizing the importance of improving water quality. Currently, the dominant canopy species is white oak, with a significant codominant presence of red oak, pin oak, paper birch, and aspen. Other species present in the shrub layer and mid -canopy include red maple, ironwood, and pagoda dogwood. Despite the great tree diversity, the site has become heavily dominated by buckthorn, greatly interrupting the site and its plant community's ability to regenerate naturally. The desired outcome is eradication of buckthorn from the area, particularly seed -bearing plants. In addition to more productive natural regeneration in general, conditions could foster future silvicultural efforts to encourage growth and regeneration of white oak in particular. With the removal of buckthorn —in conjunction with selection removal of mid -story trees that are damaged or diseased and mechanical suppression of more shade tolerant trees and saplings such as red maple —dappled sunlight conditions ideal for white oak regeneration could be achieved. Buckthorn in the northern 1/3 of the project area consists largely of mature trees in the 1-3.5" DBH size class. The rest of the site has varying degrees of buckthorn size and density, with many seed -bearing saplings existing through the middle of the site and dense buckthorn thickets along the Lakeshore. By and large, buckthorn plants become smaller and more numerous the (CPL Grant Application ID = 1832) Attachment A: Work Plan CONSERVATION PARTNERS LEGACY GRANT PROJECT SUMMARY (Continued) further one walks to the south and west. There is significant topography on the site, with a glacial moraine running much the length of the top half of the area, creating a steep west -facing slope before tapering off near the midway point. PROBLEM STATEMENT In order to reach the desired condition of a buckthorn -free site, drastic and intensive management efforts must be implemented. This will require significant equipment, labor hours, and a workforce beyond the scope of what the City is able to provide, necessitating the hiring of a contractor to conduct removal activities. A bidding process will occur, with all interested vendors being offered a guided tour of the area to ensure bidding accuracy. The selected contractor will be a licensed, insured, and experienced land management firm with a demonstrated background in buckthorn remediation. There are three major management activities proposed. The first, primary management activity is a cut -slash, cut remove, or cut chip of all buckthorn on the site. This will occur in the fall or early winter of 2021, after leaf fall and safely before plant reserves begin moving upward. If using cut slash method- using chainsaws and brush cutters, technicians would cut all standing buckthorn on the site and leave in place to decompose. Large stems will be cut into sections of three feet or less to expedite decomposition. Equipment such as brush mowers and wood chippers are impractical due to the topography and lakeside location. Handheld power tools such as chainsaws and brush cutters will be used to accomplish the cut -slash. Any stumps approximately one inch or larger will then be painted, sprayed, or daubed with an approved herbicide to prevent regrowth. The second management activity that will occur is a goat grazing control regimen. This will occur around July of 2022, the point at which the most root -stored carbohydrates are being utilized aboveground. The motivation behind utilizing goats for buckthorn removal at this stage is as follows: 1) Buckthorn re -sprouts from the removal will be optimal size for goat grazing at this stage, increasing effectiveness. 2) Following a removal with an herbicide foliar spray on re -sprout growth could have deleterious effects aesthetically and ecologically. 3) A summer graze puts increased pressure on buckthorn throughout the whole season as opposed to unabated growth from the removal until an autumn herbicide foliar spray. 4) It reduces herbicide use. The third management activity is a targeted foliar herbicide spray. This will be conducted around October 2022. At this time, any nutrients and carbohydrates are being sent underground for winter root storage, rendering the herbicide application as effective as possible. PROJECT OBJECTIVES Stillwater is a city of less than 20,000 people with a local government unit of proportional size. Compared to larger municipalities or organizations, Stillwater is not as well equipped with the resources required to conduct large-scale land management activities, be it funding, equipment, available labor, or expertise. The upfront cost of conducting a cut -slash in the area is a prohibitive amount that, quite simply, far exceeds allotted annual funding for natural resource management projects. Without CPL funding, completion of the project is uncertain. When work like this is completed, the traditional source of funding is the City's park budget. As of now, there is no dedicated funding for invasive species and natural resources management projects. Despite limited resources, recent efforts have been made to improve upon the site, which demonstrates desire and dedication to making the area more ecologically productive. In November 2020, the City hired a land management company specializing in the use of goat grazing to control buckthorn on the Croixwood Open Square site. The goats were brought in to focus primarily on the southern half of the area due to the lower concentration of seed -bearing trees and their ability to make a greater effect on smaller buckthorn plants. The project was considered a success and the goats were able to help improve accessibility by thinning out some of the denser areas. However, from a financial perspective, there are several issues that impede the City's ability to proceed with efforts. One, a single goat grazing regimen —a far less expensive endeavor than a complete removal treatment —is near the upper limits of what the City is capable of funding per year for the site. Two, while the goats are able to thin buckthorn significantly, seed -bearing trees still remain, which threatens to compromise any progress made. Three, while there is no specific timeline in terms of how many annual treatments will be financed and permitted to take place on the site, funding annual goat grazing regimens beyond 2022 becomes far less feasible. In short, the use of goats to control buckthorn, while effective, is unsustainable and impractical when used as the singular measure. Securing CPL funding would allow us to continue our work and ensure that the progress already made is not lost. Perhaps most importantly, funding would bring the site into a manageable state, easing future efforts. - Page 2 - Attachment A: Work Plan CONSERVATION PARTNERS LEGACY GRANT METHODS (N/A) EXPERIENCE / ABILITIES (N/A) PROJECT TIMELINE Time Frame Goal October -January 2021-22 June 15th-August 1st, 2022 Late September -October, 2022 Step 1: removal Goat grazing regimen Targeted foliar herbicide spray Estimated Project Completion Date: 2022-11-01 PROJECT INFORMATION 1. Describe the degree of collaboration and local support for this project. (N/A) 2. Describe any urgency associated with this project. (N/A) 3. Discuss if there is full funding secured for this project, the sources of that funding and if CPL Grant funds will supplement or supplant existing funding. (N/A) 4. Describe public access at project site for hunting and fishing, identifying all open seasons. (N/A) 5. Discuss use of native vegetation (if applicable). (N/A) 6. Discuss your budget and why it is cost effective. (N/A) 7. Provide information on how your organization encourages a local conservation culture. This includes your organization's history of promoting conservation in the local area, visibility of work to the public and any activities and outreach your organization has completed in the local area. (N/A) BUDGET INFORMATION Organization's Fiscal Contact Information Name: Taylor Stockert Title: Natural Resources Technician Email: tstockert@ci.stillwater.mn.us Phone: 651-430-8836 Budget Details Personnel Street Address 1: 216 4th St N Street Address 2: N/A City, State ZIP Code: Stillwater, MN 55082 Name Title / Work to be completed Amount Grant/Match In-kind/Cash Taylor Stockert Technician - Oversight $760 Match In -Kind Contracts - Page 3 - Attachment A: Work Plan CONSERVATION PARTNERS LEGACY GRANT BUDGET INFORMATION (Continued) Contracts (Continued) Contractor Name Contracted Work Amount Grant/Match In-kind/Cash TBD Goat buckthorn grazing regimen $5,000 Grant (N/A) TBD Herbicide spray $6,500 Grant (N/A) TBD buckthorn removal $20,000 Grant (N/A) Additional Budget Items Item Purpose Amount Grant/Match In-kind/Cash Cash Match $2,390 Match Cash Additional Funding Additional Funding Amount: $0 Budget Overview Item Type Grant Match Total Personnel - $760 $760 Contracts $31,500 $31,500 Fee Acquisition with PILT - Fee Acquisition without PILT Easement Acquisition - Easement Stewardship Travel (in -state) - Professional Services DNR Land Acquisition Cost - - Equipment/Tools/Supplies - Additional Budget Items - $2,390 $2,390 Totals: $31,500 $3,150 $34,650 SITE INFORMATION You may group your project sites together as long as land ownership, activity and habitat information is the same for the land manager. Land Manager Name: Shawn Sanders Organization: City of Stillwater Title: Public Works Director Site Information Phone: 651-430-8835 Email: ssanders@ci.stillwater.mn.us Habitat: Forest Activity: Restoration Land Ownership: Local Government (1) Site Name: Croixwood Open Square DOW Lake #: (N/A) Acres: 10 PLS Section: Township - 30, Range - 20W, Section - 31 Open to Public Hunting? No Open to Public Fishing? Yes - all NATURAL HERITAGE DATABASE REVIEW Natural Heritage elements were found within my project site(s): Yes Natural Heritage Sites and Managers: (N/A) Natural Heritage Elements: (N/A) - Page 4 - Attachment A: Work Plan CONSERVATION PARTNERS LEGACY GRANT NATURAL HERITAGE DATABASE REVIEW (Continued) Natural Heritage Mitigation: Scientific Name Common Name Platanthera flava var. herbiola Tubercled Rein Orchid No Baptisia lactea var. lactea White Wild Indigo Yes Ironoquia punctatissima A Caddisfly No On Parcel The work desired will have minimal to no offsite impact, so the elements not located on the parcel will be secure. White wild indigo, if it is indeed located within the wooded area where the work is occurring, will be protected simply by performing the work. According to the DNR, the plant exists in open woodlands, so the creation of more light on the forest floor will provide a more suitable habitat. Other pertinent areas it could be found includes along the lake shore. As this is at the edge of the target area, if found, it can easily be cordoned off while work is occurring on site. During its peak flower bloom in June and July, a visual inspection will be conducted to attempt and locate individuals or populations. This will allow for the proper locating of goat fencing, as well as flagging during herbicide application and while handheld power tools are in use. ATTACHMENTS Additional Documentation Attach additional documentation as applicable using the appropriate cagtegories below. If you exceed the size limit while uploading, contact CPL Grant staff to discuss your options. Photo File Name Description Buckthorn_1.jpg Lakeshore Buckthorn_3.jpg Middle of Site Goats_1.jpg Goats on site 1 Goats_2.jpg Goats on site 2 FINAL APPLICATION SUBMISSION p I certify that I have read the Conservation Partners Legacy Grants Program Request for Proposal, Program Manual and other program documents, and have discussed this project with the appropriate public land manager, or private landowner and easement holder. p I certify I am authorized to apply for and manage these grant and match funds, and the project work by the organization or agency listed below. I certify this organization to have the financial capability to complete this project and that it will comply with all applicable laws and regulations. p I certify that all of the information contained in this application is correct as of the time of the submission. If anything should change, I will contact CPL Grant staff immediately to make corrections. p I certify that if funded I will give consideration to and make timely written contact to Minnesota Conservation Corps or its successor for consideration of possible use of their services to contract for restoration and enhancement services. I will provide CPL Grant staff a copy of that written contact within 10 days after the execution of my grant, should I be awarded. p I certify that I am aware at least one Land Manager Review and Approval form is required for every application and at least one Public Waters Contact form is required for all public waters work. I am aware I must submit all completed forms by uploading them into this applidation. I have attached the required type and number of forms as necessary for this project. p I am aware that by typing my name in the box below, I am applying my signature to this online document. Signature: Taylor Stockert Organization / Agency: City Of Stillwater Title: Natural Resources Technician Date Signed: March 15, 2021 (CPL Grant Application ID = 1832) - Page 5 - MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: June 10, 2021 Subject: Lily Lake Water Quality Project City Project 2020-10 DISCUSSION This past year, the City agreed on a project with the Middle St. Croix WMO(WMO) to improve the water quality in Lily Lake. The project would consist on an infiltration basin, on the south side of Lily Lake Park, to reduce the amount of stormwater runoff and nutrients entering Lily lake and an in -lake chemical treatment, by using alum to help settle existing nutrients in the lake. Once the project is completed it is anticipated Lily Lake would be removed from the MPCA impaired waters list. Recently, the WMO received bids on both of these items $243,793.58 for the infiltration basin and $134,784.00 for the Alum treatment, with engineering the total cost of the project amounts to $428,577.58. Through the agreement with the WMO, the City agreed to contribute not more than 21.45% of the total project cost or $91,715.56. The remaining amount would be paid through a grant received by the WMO and other sources. Funds in the 2021 Capital Outlay Permanent Improvement Fund in the amount of $125,000 were approved for this project. RECOMMENDATION Since the project, would improve the water quality in Lily Lake, would remove Lily Lake from the MPCA's impaired waters list, and is lower than the previous estimated cost, it is recommended that Council approve the work from the Middle St. Croix WMO and approve the release Permanent Improvement Funds on the Lily Lake Water Quality Project Action Required If Council agrees with the recommendation, they should pass a motion approving and releasing of funds for the Lily Lake Water Quality Project. Water THE BIRTHPLACE OF M I N N E S O 1 A PLANNING REPORT TO: City Council CASE NO.: CPC-2021-32 MEETING DATE: June 15, 2021 APPLICANT: Frank Fabio — Maple Island Brewery LANDOWNER: Main Street LLC REQUEST: Consideration of an event permit to hold a Fourth of July event LOCATION: 225 Main Street North — Maple Island Brewery REPORT BY: Graham Tait, Zoning Administrator INTRODUCTION Maple Island Brewing has made an application for permission to host an event in their private parking lot on July 4th, 2021. They will have a tent set-up in their parking lot and there will be music, yard games, and beer. There will be music will be on Maple Island's patio between 5pm and 8pm, and there will also be one or two food vendors. This event is expected to draw in somewhere between 500 and 1,000 people. The event itself will take place Sunday July 4th, 2021 between noon and 10:OOPM. The setup for the event will begin at 6:OOAM the previous day and cleanup is expected to wrap up around 10:OOAM on Monday. Since this event is proposed to be held entirely on private property, a special event permit is not necessary, though Council permission is still required to hold the event. Outdoor entertainment on private property downtown is normally allowed by Special Use Permit (SUP), however the City can grant a "one-time event not occurring on a regular basis', and avoid going through the SUP process. SPECIFIC REQUEST To hold a Fourth of July party event on the private property of 225 Main St North, on Sunday July 4th, 2021 between noon and 10:OOPM ANALYSIS 6/15/21 Page 2 City Policy allows for each property to host three outside events per year, and this is Maple Island's first request. This event has taken place in the past with no major incidents. This event will be taking place on Fourth of July, which is typically one of Stillwater's busiest days. Despite the fireworks being cancelled this year, the City is still expecting a very high turnout. Furthermore, the Downtown Parking Commission has reviewed this and has recommended approval ALTERNATIVES City Council has the following options: A. Approve the requested event with the following conditions: 1. The event shall comply with City Code Section 38-3, Noise Control and Regulation 2. Stillwater Fire Depailinent will provide inspection of food vendors. 3. All temporary signage shall be removed within 24 hours after the event ending. 4. All power shall come from Maple Island Brewing Co. 5. If Maple Island Brewing Co is sold to River Siren Brewing prior to this event, first the liquor license must be amended and the insurance updated, in order to proceed with this event. B. Deny the requested event. C. Table the request for additional information. RECOMMENDATION City Staff recommends approval of the event and imposing the conditions of approval outlined in Alternative A. Attachments: Event Application 05/11/2021 8:47AM FAX 6517314853 FFC VV,,e 66)ila SINTSMFLACI PF EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 incomplete applications I accepted. See Date of Application or applications received after deadline will not be Event Instructions for application deadline and fees, May 4, 2021 : - '157,71iEW, 70, ,,,, e...L„,- V o mufepts*• 4 s '.0.'0 i. ,,.. ' " ,T I 1'. AP .tg...-420,,uk 0_,k4 9gi" 'Wca, e . , : •fr gkV. ' Rep98.1. , e • :"„ j, e. ,., _. emrit, ). 1 1 1':!'{' :''''''': '::. ''. ' ‘:'::''' ;: 1 ': ''''' .• Title/Name of Event July 4th Parking Lot Party Event Date/Time: July 3 6AM 10AM Set up: Date Time to July 4 12PM 10PM Actual Went, Date lime to July 5 6AM 10AM Clean up: Date Time to iEv&its aft1o!00 p.m require a variance from City Council Location (Alldress) of Event: fa In Lowell Park please specify north or south Lowell park) Description Maple island Of Event (please be specific - this information will be used to promote the event on the City of Stillwater websIte) Brewing will have a tent sot -up in our parking lot with beer, music and yard games. Estimated Attendance (participants and spectators): 500 -1000 reliat*WAS:kiii*II, ,'06.Iiiit Iiiii0lreiii0.641014FM Y'':;.'.:'.1:‘,';'.:7,':v".:n.:-.' "--'1:',,:',:',,,n.'.:.;;.•..,:::„, ,,,,,,,,,',.:,..:,,,,,,,,iii, wF-1 1 Sponsoring Organization Name: Maple Island Brewing Mailing AddreIss: 225 Main Street North City, State, Zip Code: Stillwater, MN 55082 Primary Cont?ct/Applicant Name: Frank Fabio Phone Numb c.r: (612) 7414)640 Fax: Cell Phone: I ... Email Addressl: frankfabio@hotmall.com Website Addriess: www.mapieislandbrewing.com I-- I - I Name of contact person during event: Frank Fabio Cell Phone: (612) 74141640 Alternate contact during event: Emily Hassett Cell Phone: (651) 295-6956 I Refer media o citizens inquires to: Either listed above Phone: 05/11/2021 8:47AM FAX 8517314853 EEC Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. ' ' '''''"'s.'"' 'f',10"ri:t V '4,14VMT6 ".1,Y.t1k,:r."1..: tf,i. .;le:,..f,T,'TV,,,?•,..gr" -.'-',rAFI'T'f.'.':;:',"i',,l'."...;'n'..,...,.,..'' ' 747".zr,'.7,',F,:,-7"--.,,,:.f.4":.',N.0,'"---7-f--wv . ' ........ ,-.7-0.....:1, ,R. ..4. ,... • Al.,. ;.,.,,,:„,!,!,s.., ,.....-..;,. L.,. ,' ''', ...,.!:•:.....• ,,,.......1.::;::: -.":. •••':-',i,'..:..,' 1. -- ,..,..--..-,:,.-.L. -J..:,..,,,,,::.,:,:.,,...,......:.;....4:;...,.:':;'4.L.,...4.,;;,i.•-‘,.:-,i-,4 QTY: 2, Sze! 3'xi3t (locatecron MI Will any signs/banners be put up No 1:1 Yes rg Number and size: barricade fencing) Will there be any inflatables? No I 'Pi yes El insurance certificate from rental vendor is reaffirm' Will there be entertainment? No I El Live mu on Ms patio Fee4. for electricity may Yes CR What type: aPPly ,5ee Instructions Will sound amplification be used? No El 5PM - OPM Yes Ej Hours and Type: Will a stage or tent(s) be set up? No LJ Yes F,13 -----:40rx 40' tent with barricades and tern7VnT Dimensions: ling surrounding parking lot Will there b temporary fencing? No 0 Yes IX1 Will merchalndisegood items be sold? No MI Yes LJ How many - in parking lot Fees for electfieity may vendors expected: eiPPIY See Ingractian5 Will food be prepared on site? No J Yes 0 Contocr Washington Cptinty Health Department 651430-655.5 Will cooking operations be conducted? No El Yes gi Contact Stillwater Fire Department, 351-4.9.50 Will alcohol Le served but not solcl? No 0 Yes III see Alcohol Regulations th the Instructions Will alcohol be sold? No n Yes Ut — - — See AlmhOiRegmlations in the instrtictions Will there be a fireworks display? No El Yes ID Permit maffired, contact Stillwater Fire Department, 651-„451-495o Describe poWar needs and location of power source. No power ne ded from city. Describe level Social media of advertisement (leradio, flyers, ads, tit, city event calendars, outside event calendars. press release). Attach sample if vaiIabIe '0,0iCARAIO('rMArailiNaileail4ilabgWAide4"U'i44110148Tiggi44)7"r71.7,:.7...''. ,..:::7:7'7n:',rz17:,'.,,;-l-::,: . ';. • 4.- ''''4,,' Will event use, dose or block any of the following: City Streets or Right-of-way No City Sidewalks or Trails No Public Parking Lots or Spaces No if '0 1',31 ig yes specify Yes Yes Yes LJ LI • location on site map, Start/End Time: Date: Start/End Time: Date: start/End Time: Date: Will event need barricade(s)? No I Fees may apply Yes LJ Number needed: see fristructions Will extra picnic tables be needed? No n Yes II reeS may apply Number needed: see Instructions 05/11/2021 8:48AM FAX 8517314853 EEC Will porta -----1 Fees may apply le restroorns be needed? No E Yes f:I Number needed: see Instructions Will extra trash receptacles be needed? No 1:73 Yes 21 Number needed: Maroney's supplying Fees may apply see Instructrortg Describe triash Will have removal and cleanup plan during and after event: xtra trash cans provided by Maroney's. Will event need traffic control? No 2) Yes LJ Contcrct Stillwater Police Department for assistance, 6E1-3514900 Describe crowd Security will ing guests control procedure to ensure the safety of participants and spectators: be on -site (2 Washington County officers used from previous years), staff will be !D- as they come in. Guests over 21 will receive a wristband. Only those with wristbands will be served. Will "No Parking Fees MO apt* see InStructions Signs" be needed? No Ciii Yes 1:) Number needed: Show laration(s) an ,stre mop Will event reed security? No El Yes IN if event is Overnight, security will be required, If using private Two Washington secruity, list Security Company and Contact Information: County officers used from previous years. Will event rtecl EMS services? No 0 Yes • Contact Lakeview EMS, 01-430-4621 I Describe plans First Aid Kits n is needed' to provide first aid, if needed: available in tap room. Staff will alert officer S and patrol on due during event. 9-1-1 will be called if medical attentio Describe the Cancel eveilt emergency action plan if severe weather should arise: and direct guests to MIB and FFC offices. List any other pertinent Information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against oll ciamuges to persons or propfrty, all expenses and other liability that may result from this activity., Depending on the size of and scope of the event a "Certificate of Msuronce" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as1 an additional insured on their policy "a5 their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provl ided in this application. realize my submittal of this application request constitutes a contract between myself and the city of at' nd !sjjse of Liability. 5igna of A ll r Authorized Agent Date Water THE BIRTHPLACE OF M I N N E S O 1 A PLANNING REPORT TO: City Council MEETING DATE: June 15, 2021 APPLICANT: Douglas Kotulski LANDOWNER: Main Street LLC CASE NO.: CPC-2021-29 REQUEST: Consideration of an event permit to hold a fundraising event LOCATION: 225 Main Street North — Maple Island Brewery REPORT BY: Graham Tait, Zoning Administrator INTRODUCTION Bands for the Brave is a free family friendly event hosting a variety of bands performing. The purpose of the event is to raise money for Helping Out Our American Heroes (HOOAH), which aims to prevent veteran suicide through HOOAH's Victory for 22 program. In 2019, they were able to raise $65,000 for veterans, through food sales, auctions, and other fundraising methods. The event itself will take place Saturday September llth, 2021 between noon and 8:OOPM. The setup for the event will begin on noon the previous day and cleanup is expected to wrap up around noon on Sunday. Since this event is proposed to be held entirely on private property, a special event permit is not necessary, though Council permission is still required to hold the event. Outdoor entertainment on private property downtown is normally allowed by Special Use Permit (SUP), however the City can grant a "one-time event not occurring on a regular basis', and avoid going through the SUP process. SPECIFIC REQUEST To hold a fundraising event on the private property of 225 Main St North, on Saturday September 1 lth, 2021 between noon and 8:OOPM. ANALYSIS City Policy allows for each property to host three outside events per year, and this is Maple Island's second request. This event has taken place in the past with no major incidents, under the name Battle of the Bands. As of today, there are no other major events in Stillwater on this date. 6/15/21 Page 2 Furthermore, the Downtown Parking Commission has reviewed this and has recommended approval ALTERNATIVES City Council has the following options: A. Approve the requested event with the following conditions: 1. The event shall comply with City Code Section 38-3, Noise Control and Regulation 2. Stillwater Fire Department will provide inspection of food vendors. 3. All temporary signage shall be removed within 24 hours after the event ending. 4. All power shall come from Maple Island Brewing Co. 5. If Maple Island Brewing Co is sold to River Siren Brewing prior to this event, first the liquor license must be amended and the insurance updated, in order to proceed with this event. B. Deny the requested event. C. Table the request for additional information. RECOMMENDATION City Staff recommends approval of the event and imposing the conditions of approval outlined in Alternative A. Attachments: Event Application iilwater THE BIRTHPLACE OF MIMMESOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 5/3/2021 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Bands for the Brave IX 9/10/2021 Noon 5pm Event Date/Time: Set up: Date Time to Actual Event: Date 9/11/2021 Time Noon to 8pm Clean up: Date 9/12/2021 Time 8am to Noon (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) Maple Island Brewing, 225 N. Main Street Descri ption of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Bands for the Brave is a family friendly event which raises money for Helping Out Our American Heroes. (HOOAH) This money helps prevent Veteran Suicide through HOOAH's Victory for 22 program. All of the bands who play at this event are playing for free, and there is no cover charge to attend the event. On the day of the event we raise money through food sales, silent auction, and a few other ways. Bands for the Brave 2019 raised $65k. At this point the layout will remain the same as it was in 2019 with the full tent and stage in the parking lot of Maple Island Brewing. Estimated Attendance (participants and spectators): 1000 throughout the day Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Canteen One and HOOAH Mailing Address: 4150 Olson Memorial Highway City, State, Zip Code: Golden Valley, MN 55422 Primary Contact/Applicant Name: Douglas Kotulski Phone Number: 920-319-0000 Fax: Cell Phone: 920-319-0000 Email Address: dkotulski@hooahinc.org Website Address: www.canteenone.com or www.hooahinc.org Name of contact person during event: Douglas Kotulski Cell Phone: 920-319-0000 Alternate contact during event: Chris Lilly Cell Phone: 612-840-4809 Refer media or citizens inquires to: Douglas Kotulski Phone: 920-319-0000 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features 5 signs approx 4'x6' each Will any signs/banners be put up No ■ Yes MI Number and size: Will there be any inflatables? No F3 Yes • Insurance certificate from rental vendor is required Music / Live Bands Fees for electricity may Will there be entertainment? No ■ Yes El What type: apply see Instructions We hire a professional music company Will sound amplification be used? No ■ Yes MIHours and Type: - g' Tent, 3 - 10'x10', and 2 - 12'x12'. Will a stage or tent(s) be set up? No • Yes • Dimensions:l is 1 Stagee14 x20 Will there be temporary fencing? No ■ Yes MI How many 1 Fees for electricity may Will merchandise/food items be sold? No • Yes Mvendors expected: apply see Instructions Will food be prepared on site? No ■ Yes © Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ■ Yes a Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No © Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No • Yes © See Alcohol Regulations in the Instructions Will there be a fireworks display? No F3 Yes • Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. No power requirements. All power will come from Maple Island Brewing. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available We reach out to our contacts in radio and television. We use social media as well. We welcome other forms of advertising if you are aware of people who could help grow the event. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No I Yes ■ Start/End Time: Date: City Sidewalks or Trails No © Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No F:i Yes ■ Start/End Time: Date: Fees may apply Will event need barricade(s)? No 3 Yes • Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No 0 Yes ■ Number needed: see lnstructions Fees may pply Will portable restrooms be needed? No 0 Yes ■ Number needed: We have rented from AirFr see Instructions Fees may apply Will extra trash receptacles be needed? No M Yes ■ Number needed: We have extra bins already see Instructions Describe trash removal and cleanup plan during and after event: Trash will be emptied regularly during the event and placed in receptables on Maple Island premises. Cleanup of grounds will happen throughout the day and at the conclusion of the event. Will event need traffic control? No © Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: ID's will be checked at all entry points. Wristbands will be placed on anyone who is 21+ Fees may apply see Instructions Will "No Parking Signs" be needed? No M Yes ■ Number needed: Show location(s)onsite map Will event need security? No • Yes • If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No MI Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: A first aid kid is available inside the Maple Island taproom. Stillwater Police officers will be on -site for emergency protocol. Describe the emergency action plan if severe weather should arise: Everyone will move inside Maple Island Brewery. List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a release of Liability. 5/3/2021 Signature of Applicant or Authorized Agent Date Main Stre eve e • Patic Maple Island Brewing Entry to Maple I sia nd No Parking Lot Access 10x20 EureSE Catering ENTRY GATE 10x10 Face Painti BV TENT 10x10 T-Shirts HOOAH TENT Water Street N City of Stillwater Washington County, Minnesota ORDINANCE NO. 1168 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING 2.33 ACRES TO RA: ONE -FAMILY RESIDENTIAL CASE NO. 2021-28 The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: SECTION 1 AMENDING. The zoning of the following property, legally described as Lot 2, Block 1, Trolley Trail Acres and visually represented in Exhibit A is hereby amended to RA, One Family Residential. SECTION 2 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after publication according to law. SECTION 3 EFFECTIVE DATE. This Ordinance shall not be published until the Final Plat for White Pine Ridge is approved by the City Council. SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. Approved this 15th day of June, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A l Tne Belt place of Wooebale r�yr Site Location 7959 Neal Ave N 125 25a General Site Location Feel StIllr Administration Date: June 7, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a new On -Sale Liquor License with Sunday Sales for Rusty Mile LLC DISCUSSION: An application has been received for a On -Sale Liquor License with Sunday Sales to a new business called Rusty Mile LLC located at 218 Main St N. 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 Brewery Tap Room Liquor License including a Sunday Sales and a Brewery Off -Sale License for River Siren Brewing Company LLC 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. 5flh1watL, The Birthplace of Minnesota 2020 PERFORMANCE MEASUREMENT REPORT FOR THE CITY OF STILLWATER June 15, 2021 The City of Stillwater Strategic Plan goal of Developing Organization Excellence includes an action item to participate in the State of Minnesota Performance Measurement Program as established by the State Council on Local Results and Innovation. Participation in the program requires reporting the results of a minimum of ten performance measures (as developed by the State) to the Office of the State Auditor annually. The City of Stillwater has chosen the measures in the areas of general, police, fire, and streets performances. The City of Stillwater has chosen 10 of the performance measures. General Measure • Percentage change in taxable property market value o 2018 - 6.92% o 2019 - 6.12% o 2020 - 8.97% • Moody's Bond Rating o 2018 - Aa2 o 2019 - Aa2 o 2020 - Aa2 Fire and EMS Measure • 98% of residents responding to the survey feel the Stillwater Fire Department's service is very good to excellent (2020 survey results). • Insurance Service Office (ISO) rating of 4 • Fire call per 1,000 population o 2019 - 21 o 2020 - 16 • EMS calls per 1,000 population o 2019 - 51.95 o 2020 - 52 Police Services Measure • 61% of residents responding to the survey rate the service from Stillwater Police Department as positive (2020 survey results). • Part I Crime Rates o 2018 - 873 o 2019 - 1,431 o 2020 - 1,464 • Part II Crime Rates o 2018-2,979 o 2019 - 2,924 o 2020 - 2,518 • Part I Crime Clearance Rates o 2018-25% o 2019 - 20.7% o 2020 - 17.6% • Part II Crime Clearance Rates o 2018-57% o 2019-54% o 2020 - 40.6% Streets • 69% of Stillwater residents responding to the survey rate the overall quality of Street Maintenance as good and 49% feel the sidewalks are in good condition (2020 survey results). • Average city street pavement condition rating o 2019 - 6.72 o 2020 - 6.72 2 City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVING PARTICIPATION IN MINNESOTA PERFORMANCE MEASUREMENT SYSTEM PROGRAM WHEREAS, the benefits to the City of Stillwater for participation in the Minnesota Council on Local Results and Innovation's comprehensive performance measurement program are outlined in Minn. Stat. §6.91, and include eligibility for a reimbursement as set by State statute; and WHEREAS, any city or county participating in the comprehensive performance measurement program may also be exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, the City of Stillwater has adopted and implemented at least ten of the performance measures, as developed by the Council on Local Results and Innovation, and the City of Stillwater has used and will continue to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes. NOW THEREFORE BE IT RESOLVED THAT, the Stillwater City Council does hereby approve to continue to report the results of the performance measures to its citizenry by December 31, 2021 through publication, direct mailing, posting on the city's/county's website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, that the Stillwater City Council does hereby approve submittal to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. Adopted by the Stillwater City Council this 15th day of June, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Memo DATE: June 8, 2021 TO: Mayor and City Council FROM: Sharon Provos, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in 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 1 Filled Ice Rink From 23,000 1st To 10,000 MINNESOTA LAWFUL GAMBLING LG230 Application to Conduct Off -Site Gambling 6/15 Page 1 of 2 No Fee ORGANIZATION INFORMATION Organization Address! Chief Gambling Name: STILLWATER AREA HOCKEY ASSOCIATION License Number: 03375 1675 MARKET DRIVE SUITE B City: STILLWATER MN Zip: 55082 , Executive Officer (CEO) Name: TIM MCGLYNN Daytime Phone: 65.1-785-4372 _ _ Manager Name: ALIYA TAUBE Daytime Phone: 651-246-4641 _ ____ GAMBLING ACTIVITY Twelve Check off -site events are allowed each calendar year not to exceed a total of 36 days. From /_,Q 1 /_ 21 to 12 / 31 / 21 .06 the type of games that will be conducted. Raffle Pull -Tabs i Bingo Tlpboards Paddlewheel GAMBLING PREMISES Name Street City Does of location where gambling activity will be conducted: LIFT BRIDGE BREWERY address and (or township): 1900 TOWER DRIVE Zip: 55082 County: WASHINGTO_N • Do not use a post office box. • If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42). your organization own the gambling premises? Yes If yes, a lease is not required. No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF -SITE ACTIVITY (a lease agreement is not required for raffles) Rent All Lessor's Print to be paid for the leased area: $ 0 (if none, write "0") obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee. • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: Signature: _ _ _ — __ — _. Date: _ _ __ Lessor's Name: __ _ CONTINUE TO PAGE 2 LG230 Application to Conduct Off -Site Gambling 6/15 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL for a gambling premises located within city limits COUNTY APPROVAL for a gambling premises located in a township City Name: STILLWATER, MINNESOTA County Name: Date Approved by City Council: _� 6/15/21 _ Date Approved by County Board: Resolution Number: Resolution Number: (If none, ignature attach meeting minutes.) Cit Personneel :S _ _ (If none, attach meeting minutes.) Signature of County Personnel: Title: _ /e-�-/ Date Signed: ,' itle: Date Signed: 6/15/ 1 TOWNSHIP NAME: Complete below only if required by the county. Local unit of government must sign. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: _ Date Signed:_ CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as stated in this application. - - 1 . 7 , „ /-• 77 K- - - 5 . - . / - ( %) / _ Signature of CEO (must be CEO's signal • designee may not sign) Date Mail or fax to: No attachments required. Minnesota Gambling Control Board Suite 300 South Questions? Contact a Licensing Specialist at 651-539-1900. 1711 West County Road B Roseville, MN 55113 Fax: 651-639-4032 This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form (and any If the Board does not issue a permit, all Information provided remains attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organlzation's name and address which determine your organization's qualifications to be involved In lawful will remain public. gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply Private data about your organization are available to: Board members, this information, the Board may not be able to determine your Board staff whose work requires access to the information; Minnesota's organization's qualifications and, as a consequence, may refuse to Issue a Department of Public Safety; Attorney General; commissioners of permit. If your organization supplies the information requested, the Board Administration, Minnesota Management & Budget, and Revenue; will be able to process your organization's application. Legislative Auditor; national and International gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies Your organlzatlon's name and address will be public Information when specifically authorized by state or federal law to have access to the received by the Board. All other information provided will be private data information; individuals and agencies for which law or legal order about your organization until the Board issues the permit, When the authorizes a new use or sharing of information after this notice was given; Board Issues the permit, all information provided will become public. and anyone with your written consent. An equal opportulty employer StIllr Administration Date: June 7, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Utilities Commission Appointment Curtis Hudak who was appointed in June of last year, filled a seat held by George Vania whose term expires on June 30, 2021. Staff published the possible opening on the Utilities Commission and received three applications. Chair Speedling and Council Liason Polehna have indicated to not conduct interviews at this time and reappoint Curtis Hudak for a three year term since he is a great match for the commission. Furthermore, with the reorganization of the Water Board to Utilities Commission, staff would like to align all term expiration dates to occur on May 1 similar to all other Stillwater Commissions. Therefore staff recommends Mr Hudak's term expire May 1, 2024 instead of June 30, 2024. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion to approve the reappointment of Curtis Hudak with a term ending May 1, 2024 to the Utilities Commission. 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 June , 2021, ("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; and 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 June , 2021 between City and Developer. The Assessment Agreement, or as it may be amended, is wholly incorporated in this Development Agreement by reference. 1.4. BCWD. "BCWD" means Brown's Creek Watershed District, a watershed district with duties and powers established by Minnesota Statutes chapters 103B and 103D. 1.5. BCWD PERMIT. "BCWD Permit" means BCWD Permit 19-05. 2 Plat. 1.6. BUILDER. "Builder" means an entity that will be constructing on a lot in the Final 1.7. CITY. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.8. CITY APPROVALS. "City Approvals" has the meaning ascribed in the Recitals. 1.9. CITY ENGINEER. "City Engineer" means the City Engineer of the City of Stillwater or delegatees. 1.10. CITY WARRANTIES. "City Warranties" means all City Warranties identified in Article 12 of this Development Agreement. 1.11. COUNCIL. "Council" means the Council of the City of Stillwater. 1.12. COUNTY. "County" means Washington County, Minnesota. 1.13. DEVELOPER. "Developer" means Central Commons, LLC, a Minnesota limited liability company. 1.14. 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. 1.15. DEVELOPER IMPROVEMENTS. "Developer Improvements" means and includes, individually and collectively, all the improvements identified in Article 4. 1.16. DEVELOPER WARRANTIES. "Developer Warranties" means all Developer Warranties identified in Article 10 of this Development Agreement. 1.17. DEVELOPMENT AGREEMENT. "Development Agreement" means this agreement by and among the City and Developer. 1.18. DEVELOPMENT PLANS. "Development Plans" means all the plans, drawings, specifications, and surveys dated November 6, 2020 and prepared by Westwood, or as modified and 3 approved by the City Engineer and Developer, which are hereby incorporated by reference and made a part of this Development Agreement. 1.19. 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. 1.20. DEVELOPMENT PROPERTY. "Development Property" means that real property legally described on Exhibit A, attached hereto, upon which the Development Project will be constructed. 1.21. EFFECTIVE DATE. "Effective Date" means the date that this Agreement is approved by the City. 1.22. ESCROW AGREEMENT. "Escrow Agreement" means an agreement that requires Developer to deposit cash deposits with Land Title to account for various fees and financial assurances related to construction and installation costs related to the Development Project. 1.23. 58th STREET PROJECT. "58th Street Project" means 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. 1.24. FINAL PLAT. "Final Plat" means the Final Plat, approved by the Council, attached hereto as Exhibit B. 1.25. 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. 1.26. 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 States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: 4 If to CITY: If to DEVELOPER & OWNER: If to LAND TITLE: City of Stillwater Attention: City Administrator 216 4th 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 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 1.27. 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. 1.28. INDIRECT COSTS. "Indirect Costs" means the costs identified on Exhibit C and F that are related to: a) Finance, administration and legal costs; and b) Engineering services performed by City Staff; and c) Testing and Right of Way services; and d) Consulting engineering services. 1.29. INTERCHANGE PROJECT. "Interchange Project" means a project related to the construction of a new interchange at Manning Ave. S., State Highway 36, and CSAH 15. 1.30. LAND TITLE. "Land Title" means Land Title Inc., a Minnesota corporation. 5 1.31. OTHER REGULATORY AGENCIES. "Other Regulatory Agencies" means and includes, individually and collectively, the following: a) Minnesota Depaitiuent of Transportation b) Washington County c) Washington County Highway Depai tiuent d) BCWD e) Minnesota Depai tinent 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. 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. 1.34. 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. 1.35. SITE IMPROVEMENTS. "Site Improvements" means and includes, individually and collectively, all the improvements identified on Exhibit C and in Article 3. 1.36. STORMWATER SYSTEM IMPROVEMENTS. "Stormwater System Improvements" means the temporary storm ponds and piping, site feeders and main trunk lines and storm ponds, filtration, basins required by the BCWD Permit. 1.37. TAX ABATEMENT AGREEMENT. "Tax Abatement Agreement" means that certain Tax Abatement Agreement dated June , 2021 between City and Developer. The Tax Abatement Agreement, or as it may be amended, is wholly incorporated in this Development Agreement by reference. 1.38. TRUNK UTILITY EXTENSION. "Trunk Utility Extension" means the extension of City of Stillwater water and sanitary sewer from Curve Crest Boulevard north of State Highway 6 36 to the northeast corner of the Development Property at a location, size, and capacity reasonably acceptable to Developer to service the PUD. 1.39. 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 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. 1.40. UTILITY COMPANIES. "Utility Companies" means and includes, jointly and severally, the following: a) Utility companies, including electric, gas and cable; b) Pipeline companies. 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 7 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. ARTICLE 3 SITE IMPROVEMENTS 3.1. SITE IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER. Developer shall construct and install, at its own cost initially but subject to reimbursement through tax abatement as provided herein, all of the 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) 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. b) 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). c) STORMWATER SYSTEM IMPROVEMENTS. The Developer shall construct and install the Stormwater System Improvements in accordance with the requirements of the BCWD Permit. 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 as articulated in the Tax Abatement Agreement. 3.2. SITE IMPROVEMENTS TO BE CONSTRUCTED BY OTHERS. a) EXTENSION OF TRUNK UTILITIES. The City shall construct the Trunk Utility Extension, making such utilities available to the Developer on the Development Property no later than November 30, 2023. 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 and described in 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 contractor's work in completing the extension of the trunk utilities. INTERCHANGE PROJECT AND 58th STREET PROJECT. The Interchange Project is underway at the time of the Effective Date and the Developer's allocation 8 of costs are stated in the Assessment Agreement and described in Exhibit G. The 58th Street Project is scheduled for construction at a time yet to be determined. Therefore, the actual costs of construction for the 58th Street Project is unknown at the time of the Effective Date, however, such costs have been estimated and the Developer agrees that such estimated costs may be assessed up to that amount pursuant to the Assessment Agreement. Developer understands and acknowledges that Developer shall pay the City's portion of the construction costs for the Interchange Project and the 58th Street Project as invoiced by County through an assessment against the Development Property, as provided in the Assessment Agreement and described in Exhibit G, and the City shall reimburse said costs as provided in the Tax Abatement Agreement. As part of the Interchange Project, the County acquired and paid for certain Right of Way from Developer ("Developer's ROW Payment"). Developer understands that the City must reimburse the County for the Developer's ROW Payment, but the City has not yet received a request for such payment from the County. Developer has agreed to pay the City the amount that the City is required to pay to the County for the Developer's ROW Payment, which is described on Exhibit F. Such payment shall be due and payable within 30 days after the City sends notice to Developer with sufficient documentation from the County verifying such amount. 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. b) ASSESSMENTS. The terms and conditions of the assessments are established in the Assessment Agreement. 3.3. ASSESSMENT AND TAX ABATEMENT COSTS. The assessment and tax abatement allocations and costs are contained in Exhibit G. In as much as the individual line items of Exhibit G are preliminary estimates, the costs attributable to each line may be increased or decreased as such final costs are determined provided the total amount of the tax abatement is not exceeded. Further, the future property taxes for Outlots A and B, Central Commons Addition (future development lots) were not included as part of the Tax Abatement Agreement. It is contemplated that a new or amended tax abatement agreement could be considered by the City Council in the future for Outlots A and B. 3.4. ANDERSON PARCEL. If the Anderson Parcel is annexed to the City of Stillwater within 10 years of the date of this Development Agreement, the Anderson Parcel may be serviced by the Trunk Utility Extension, provided that a portion (a percentage to be agreed upon by the Developer 9 and City) of any fees or assessments received shall be credited to Developer's share of the Trunk Utility Extension 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 Stormwater System Improvements adequate to serve the Development Project in accordance with the Development Plans and the BCWD Permit. 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 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 shall enter into an Escrow Agreement with BCWD for the costs associated with the Stormwater System Improvements. The Developer's project costs for the Stormwater System Improvements will be reimbursed by City upon substantial completion of such improvements pursuant to the Tax Abatement Agreement. 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 is not responsible for the Interchange Project or the 58th Street Project, except as stated in Section 3.2(b) 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 10 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. The Developer is also 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. 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, 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. Unless 58th Street Project is underway or complete, no building permit for Lot 1, Block 1 or Lots 1, 2, 3, Block 2 shall be issued until the Developer has - built a temporary 30' Class V gravel road 6" base access road to access that lot as provided in Section 3(b)(ii) above or such other design 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 11 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 Development 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 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 12 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. During the term of this Agreement, and prior to the issuance of any building permit for a specific lot, Developer shall pay the residential or commercial Park Fee and Trail Fee for the lot involved in the building permit as stated on Exhibit F. 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: 1) enter into a Tax Abatement Agreement with the Developer; and 2) promptly pursue approval and thereafter prepare an additional tax abatement agreement with Developer for $750,000 for the Trunk Utility Extension, all in accordance with the terms provided in Exhibit G. The Tax Abatement Agreement is hereby incorporated into this Development Agreement by reference. 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. 13 ARTICLE 8 DEVELOPER CONTINGENCIES 8.1 DEVELOPER'S CONTINGENCIES. DEVELOPER obligations to perform under this Development Agreement are contingent upon the following: a) Obtaining all governmental approvals and permits necessary for the construction of the Development Project; b) City's timely completion of the Trunk Utility Extension. 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 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. 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 INDIRECT CASH FEES AND IMPACT FEES. The Developer shall reimburse the City for all miscellaneous costs and Indirect Costs incurred or to be incurred by the City in connection with this Development Agreement. Such costs are identified on Exhibit F. If the Indirect Cash Escrow is reduced to $5,000, Developer shall be required to increase it to its original amount within 30 days of receipt of an invoice from the City. This process of replenishing the Cash Escrow shall be required until the Cash Escrow can be released pursuant to Section 15.3. Payment of the AUAR Fees will be paid by the Developer prior to the issuance of the first building permit in the Development Project. 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. 14 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. 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 58th Street 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 15 g) 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. 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. 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. 16 c) EXTENSION OF TRUNK UTILITIES. The City shall complete the Trunk Utility Extension, making such utilities available to the Developer on the Development Property no later than November 30, 2023. 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. 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 17 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 LOC or 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 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 18 Development Agreement; c) the Developer may terminate or cancel and rescind this Development Agreement and recover any financial assurances held by 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. 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. 19 The terms of the Escrow Agreement will serve to secure compliance by the Developer for those Site Improvements on Exhibit C. 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 Site Improvements to be constructed to the extent practicable; if the City Engineer determines that such Site Improvements have been constructed, the remaining proceeds shall be distributed to the Developer. The amount of cash deposit allocated to the City may be reduced periodically pursuant to the terms of the Escrow Agreement. 15.2. DEVELOPER'S CASH FEES AND CASH ESCROW REQUIREMENTS. Prior to the commencement of any a specific phase of construction (initial site grading, installation of water and sanitary sewer with the Development Property, etc.), Developer shall deposit cash and cash escrows with the City for those items, and in the amounts required in Exhibit F. 15.3. BUILDER'S CASH FEES AND CASH ESCROW REQUIREMENTS. Any building permit fees or escrows that City may otherwise require from Builder are stated in Exhibit F. 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. 16.2. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the City under this Development Agreement. 16.3. 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. 16.4. RECORDING. The Development Agreement, Assessment Agreement, Tax Abatement 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. 16.5. 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 20 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. 16.6. 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 or a portion of the 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"), the City shall release the Development Agreement from the lots acquired by Hy-Vee at closing and amend the Development Agreement to remove those lots from the Development Property. . 16.7. 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. 16.8. 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 21 reasonable opinion of the City, for Developer to take or perform in order to obtain such certification. 16.9. 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. 16.10. GOVERNING LAW. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 16.11. 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. 16.12. 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. 16.13. 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. 16.14. 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 Site Improvements. [The remainder of this page was intentionally left blank.] 22 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 , 2021, 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 23 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 , 2021, 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 24 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 ••.1"--4 D.7 .7 1.11.1 ?NJ* 3r.r. Arrl 03 I Pral EXHIBIT B FINAL PLAT 54, B-1 CENTRAL COMMONS ADDI ao"a'r.a.wa.,w..w..= .-7.- axw w.mmnww.n nwrrm.-..1 Ii Sfflac B-2 EXHIBIT C DEVELOPER SITE IMPROVEMENTS CITY ESCROW Site Improvements Escrow Private Sanitary Sewer and Watermain within the Development Project $360,000 Storm Sewer and Stormwater System Improvements N/A Paving Gravel Street (Manning Ave. S. from Linden Ave to the N. line of L. 4, Block 2) $30,000 Initial Mass Grading (covered by BCWD Permit) N/A Construction Debris Removal $5,000 Total ESCROW $395,000 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) Developer executes the Development Agreement, Tax Abatement Agreement, Escrow Agreement for BCWD, Assessment Agreement and any required easements or maintenance agreements required by the City. 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. Other than grading/demolition permits, no building permits may be obtained until: a) All the conditions in Paragraph 1 of this Exhibit D have been met. b) AUAR Fee. Developer payment of the AUAR fee as stated on Exhibit F. c) Park Fee, Trail Fee, and WAC fee. Developer payment of the Park Fee, Trail Fee, and WAC fee required for the lot on which the specific building permit is requested. d) All Other Cash Deposits. Developer must pay all cash deposits required in Exhibit F of this Development Agreement for the lot(s) on which the specific building permit is requested. e) Financial Assurances/Escrow. Developer must execute the Escrow Agreement, which requires Developer to deposit funds with Land Title for the Site Improvements in the amounts required in Exhibit C under this Development Agreement. f) 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. g) BCWD Declaration. Developer has executed a declaration as required by the BCWD Permit. D-1 h) Retaining Walls. Developer has executed the necessary agreements with the City for construction and the maintenance of retaining walls, if any. i) 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; j) The following documents have been recorded: • Final Plat • Development Agreement • Drainage and utility easements, if required by the City • The Declaration required under the BCWD Permit • Easements for public sewer and water utilities • Restrictive Covenant against Outlot C 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 Stormwater System Improvements. • 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 on Exhibit C 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. 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. 7) GROUND MATERIAL. The Developer shall ensure that adequate and suitable ground material shall exist in the areas of temporary access road if built by Developer pursuant to Section 3(b)(ii), and shall guarantee the removal, replacement or repair of substandard or unstable material through the warranty period. D-3 EXHIBIT E PERMITS, LICENSES AND OTHER APPROVALS 1. Any licenses or permits required by the Minnesota Department 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 DEVELOPER'S CASH REQUIREMENTS AND INDIRECT COST CASH ESCROW CASH FEE REQUIREMENTS City Fees Unit Qty Unit Cost Total Park Fee Commercial $94,218 Residential 200 $1,500 $300,000 Trail Fee Commercial $0 Residential 200 $500 $100,000 WAC Fee Commercial SAC TBD $1,000 TBD WAC Fee Residential SAC TBD $1,000 TBD AUAR Fee Acre 35 $7,584.15 $265,445 Reimbursement to City of County's cost for Developer's ROW payment for Manning Ave. S. $92,953 Total Fees TBD INDIRECT COSTS CASH ESCROW Engineering Cash Escrow Total Engineering Plan Review $40,000 Engineering Inspection $40,000 Subtotal $80,000 Total Escrow (x 125%): $100,000 BUILDER'S ESCROW REQUIREMENTS AND CASH REQUIREMENTS CASH REQUIREMENTS Building Permit Fees Per Lot Grading Review and As -Built Review $5,500 Total Cash Added to Building Permit: $5,500 F-1 CASH ESCROW Builder Per Lot Grading Escrow $1,000 Landscaping and Trees: Lot 1 Block 1 $8,380 Lot 3, Block 2 $30,970 Lot 4, Block 2 $21,480 Outlot B $4,100 Outlot C $16,800 Outlot D $950 Property As -built Survey & Corner Replacement $5,000 F-2 EXHIBIT G ASSESSMENT AGREEMENT AND TAX ABATEMENT COST ALLOCATIONS A. Assessment Agreement 1) Interchange Project $ 41,328 2) 58th Street $1,200,000 3) Trunk Utility Extension $1,422,100 Total Tax Assessment $2,795,666 B. Tax Abatement CITY 1) Interchange Project $ 41,328 2) 58th Street Project $1,200,000 3) Trunk Utility Extension $ 672,100 4) Water/Sewer to HyVee and apartments $ 360,000 5) Stormwater System Improvements $ 671,408 6) Developer's Engineering Fees $ 200,000 Total City Abatement $3,144,836 COUNTY Trunk Utility Extension Total County Abatement Tax Abatement Cost Allocations $ 750,000 $ 750,000 Total Tax Abatement $3,894,836 1) Interchange Project: City costs (per 5/21/20 estimate from Washington County): Cost share of construction $41,328 2) 58th Street Project: City costs per County policy (5/21/20 estimate from Washington County): Paving and Grading estimate $200,000 Curb and Gutter estimate $150,000 Trail/Sidewalk estimate $200,000 Traffic Signal estimate $250,000 Misc. estimate $100,000 Estimated Total $1,200,000 3) Trunk Utility Extension Construction cost estimate: $2,400,000 Allocation based on the 35 acres $1,422,100 4) Water/Sewer to Hy-Vee/Stillwater Flats $360,000 5) Stormwater System Improvements $671,408 6) Developer's Engineering and Design fees $200,000 G-1 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. ALLOWABLE USES ZONING DISTRICTS CR TH A-P LR CTR RA TR CCR RB 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 Type III home occupation (See CUP CUP H-1 Section 31-500) 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 10 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 1° P CUP Cemeteries CUP 10 CUP 10 Hospital, nursing home or rest home CUP 10 CUP 10 Institutional building P CUP Bed & Breakfast (Type D Short Term Home Rental) CUP 1° 11 P 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 1 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 10 Municipal fire station CUP 10 H-2 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 CA 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 Interior decorating sales; P P P H-3 sale of floor covering, paint, wallpaper, materials and objects of interior decorating Appliances and furniture, sale of p P P Household goods, sale of (including china) 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 Retail: Food 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 Eating establishments 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 Services Barber or beauty shops P P P P Shoe repair shop P P Printing shop P P Photo processing CUP Tailoring or pressing P P H-4 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 Banks and financial institutions P P Offices 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 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 CUPz Auto repair and related services CUP P 6 Entertainment Commercial recreational uses CUP P Commercial recreational entertainment CUP P H-5 Amusement and recreational establishments' P CUP CUP 24 P Outside entertainment, commercial 8 CUP P Outdoors Outside sales or special events 8 CUP CUP CUP CUP CUP Outside storage g CUP e CUP to 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 Other passive P H-6 Institutional Manufacturing Wholesale/storage recreational or natural open spaces Parking lot ACC 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 C16P CUP P 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 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 2 CUP 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 25 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. 3Including 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 1Front and side setbacks shall be landscaped. 80% 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 By Its Mayor By Its City Clerk I-1 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) 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 RESOLUTION 2020-104 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR CENTRAL COMMONS ADDITION CASE NO. 2020-40 WHEREAS, Mark Lambert, Chief Manager of Summit Management, LLC, made application for approval of the final plat known as CENTRAL COMMONS ADDITION; and WHEREAS, on April 22, 2020 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat and plans; and WHEREAS, on August 5, 2020 the City Council held a public hearing on the preliminary plat plans and found them to be compatible with the neighborhood and consistent with the City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure; and WHEREAS, on October 28, 2020 the Stillwater Planning Commission held a public hearing on the final pat and plans and recommended approval; and WHEREAS, on November 17, 2020 the Stillwater City Council reviewed the final plat and plans and found them to be consistent with the conditions of approval for the preliminary plat and plans. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the final plat of CENTRAL COMMONS ADDITION. Adopted by the Stillwater City Council this 17th day of November, 2020. ATTEST: Beth Wolf, Ci lerk CITY OF ST Ted Kozlowski, * ayor J-1 RESOLUTION 2020-105 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT FOR PHASE ONE OF CENTRAL COMMONS ADDITION CASE NO. 2020-52 WHEREAS, Mark Lambert, Chief Manager of Summit Management, LLC, made application for approval of the final Planned Unit Development (PUD) for Phase One of Central Commons Addition; and WHEREAS, on April 22, 2020 the Stillwater Planning Commission held a public hearing and recommended approval of the Concept PUD; and WHEREAS, on August 5, 2020 the City Council held a public hearing on the Concept PUD and found it to be compatible with the neighborhood and consistent with the City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure; and WHEREAS, on October 28, 2020 the Stillwater Planning Commission held a public hearing on the Final PUD for Phase One and recommended approval; and WHEREAS, on November 17, 2020 the Stillwater City Council reviewed the Final PUD of Phase One and found it to be consistent with the conditions of approval for the Concept PUD. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Final PUD for Phase One of Central Commons Addition with the following conditions: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein: • Preferred Preliminary Plat Plan Sheet PPO2 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 SheetC401 date 11/6/20 • Phase 1 Erosion Control Plan Plan SheetC402 date 11/6/20 • Storm Sewer Plan Plan Sheet CS00 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 J-2 • Landscape Notes & Details • Apartment elevation by Doran • C-Store exterior elevations • Food store exterior elevations • Apartment floor plans Plan Sheet L102 Plan Sheet A6.0 Plan Sheets A6.0 & A6.01 date 11/6/20 date 2/27/20 date 4/15/20 2. The Final POD for Phase 1 will not become effective, nor may the Final Plat be released from City offices for recording with Washington County, until the Metropolitan Council approves the requisite Comprehensive Plan Amendment. 3. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction, prior to commencement of any earth work. 4. A Development Agreement found satisfactory to the City Council, City Attorney and City Engineer must be fully executed prior to release of the Final Plat. 5. 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. 6. 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. 7. 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. 8. 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 or paid through a tax abatement and/or assessment agreement, as determined by the City Council prior to release of the Final Plat. 9. 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. 10. All required permits from Washington County must be issued, and copies submitted to the City, prior to commencing any road work. 11. Mechanical plans must be submitted and found satisfactory by the Community Development Director prior to issuance of any building permits in the project. 2 J-3 12. The Conditional Use Permits shall not become effective until the Final Plat and Final PUD plans are approved by City Council for Phase 1. 13. All signs must be designed and installed in compliance with the revised staff recommendations included in the attached table entitled "Revised Central Commons Signage Review - October 26, 2020". 14. If Washington County does not build the segment of 50th 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. 15. 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. Adopted by the Stillwater City Council this 17th day of November, 2020. ATTEST: Beth Wolf, Ci lerk 3 CITY OF STI _ER Ted Koz owski, Mayor J-4 CITY OF STILLWATER ASSESSMENT AGREEMENT FOR CENTRAL COMMONS, LLC THIS ASSESSMENT AGREEMENT ("Agreement") is entered into and effective as of the day of , 2021 ("Agreement Date"), by and between the City of Stillwater, a Minnesota municipal corporation ("City"), and Central Commons, LLC, a Minnesota limited liability company ("Owner"). WITNESSETH: WHEREAS, the Owner is the fee simple owner of property legally described on the attached Exhibit A, located in Stillwater, Washington County, Minnesota (the "Property"); and WHEREAS, in order to help facilitate current and future development on the Property, the City and Owner have identified the need to pay for or construct certain public improvements on the Property or benefiting the Property, as detailed in Section 2.01(k) (the "Public Improvements"); and WHEREAS, the Owner is willing to waive its assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Public Improvements; WHEREAS, the Owner is willing to construct or pay for certain of the Public Improvements at Owner's cost initially, subject to reimbursement through a Tax Abatement Agreement. 1 NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Public Improvements, including the waiver of the assessment up to the Assessment Waiver Amount which constitutes an estimated benefit of the Public Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term or repayment of the Assessment Waiver Amount. Section 1.03 Survival. Notwithstanding the termination of this Agreement pursuant to Section 1.02, the Owner's Covenants and Agreements contained in Section 3.01 and the City's Covenants and Agreements contained in Section 3.02 shall survive the termination of this Agreement for a period of 15 years. ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) Agreement: This Agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property, Assessment Waiver Amount and the Public Improvements including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) Agreement Date: The date written in the first paragraph of the Agreement. (c) Anderson Parcel: That certain 22 acre Stillwater Township parcel of real estate located adjacent and immediately east of the Property (PID # 06.029.20.21.0001), which may be annexed into the City at some point in the future. (d) Assessment Interest Rate: The Assessment Waiver Amount shall accrue interest at a rate of 1.5% if City funds are used to pay for the Public Improvements and 1.5% over the municipal bond rate if borrowed funds are used to pay for the Public Improvements. (e) Assessment Term: The Project Assessment Waiver Amount shall be levied so that the term of the special assessment shall begin on January 1, 2025, until the earlier of the following: 2 1) the Assessment Waiver Amount is paid in full; 2) January 1, 2039 (a period of 15 years); or 3) the expiration or termination of the Tax Abatement Agreement. (f) City: The City of Stillwater, a Minnesota municipal corporation. (g) Development Agreement: That certain Development Agreement for the Plat of Central Commons Addition dated , 2021 between City and Owner. (h) Owner: Central Commons, LLC, a Minnesota limited liability company. (i) Project Assessment Waiver Amount: (i) The Project Assessment Waiver Amount is the final sum of the amount determined for the Public Improvements for each of the three projects below. It is estimated that the cost to the Owner for each project within the Public Improvements is as follows: a. The Trunk Utility Extension Project $1,422,100 b. The Interchange Project $ 41,328 c. The 58th Street Project $1,200,000 The estimated total cost of each is the Project Assessment Waiver Amount. (ii) Each Project Assessment Waiver Amount will be allocated among the parcels which make up the Property as follows: i. Lot 1, Block 1: 8.0% (82,683 of 1,036,204 sq ft) ii. Lot 1, Block 2: 2.7% (27,819 of 1,036,204 sq ft) iii. Lot 2, Block 2: 3.6% (36,898 of 1,036,204 sq ft) iv. Lot 3, Block 2: 37.2% (385,011 of 1,036,204 sq ft) v. Lot 4, Block 2: 21.6% (224,320 of 1,036,204 sq ft) vi. Outlot A: 13.7% (142,330 of 1,036,204 sq ft) vii. Outlot B: 13.2% (137,143 of 1,036,204 sq ft) viii. Anderson Parcel: See Section 3.02(b) below. (j) Property: The real property identified and described on Exhibit A. (k) Public Improvements: The "Public Improvements" consist of the following projects (as defined in the Development Agreement): i. The Trunk Utility Extension Project; ii. The Interchange Project; and iii. The 58th Street Project. 3 ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the Owner. The Owner covenants and agrees with the City that: (a) Assessment Appeal Waiver: The Owner hereby authorizes the City to certify to the Washington County Auditor/Property Tax Assessor a special assessment against the Property up to the Project Assessment Waiver Amount for each of the three Public Improvements, unless the Owner requests an increase in the Assessment Waiver Amount or unless approved by separate written agreement between the parties. The Owner hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Property up to the Project Assessment Waiver Amount. The Owner hereby waives any and all procedural and substantive objections to the special assessment up to the Project Assessment Waiver Amount against the Property, including, but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Waiver Amount against the Property exceeds the benefit to the Property for the Public Improvements. The Owner acknowledges and agrees that the benefit of each of the Public Improvements to the Property does in fact equal or exceed the respective Project Assessment Waiver Amount. The Owner also acknowledges and agrees that the Property receives a special benefit equal to or exceeding the Project Assessment Waiver Amount. Furthermore, the Owner acknowledges and agrees that the Public Improvement costs may not be equally spread against all benefited property and that the estimated cost of each project within the Public Improvements in Section 2.01(f)(i) may fluctuate, but the Owner agrees that the total benefit of the projects defined in the Public Improvements does in fact equal or exceed the respective Project Assessment Waiver Amount. The City and the Owner acknowledge and agree that the Owner's waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Project Assessment Waiver Amount by operation of Minn. Stat. § 462.3531. The City and the Owner acknowledge and agree that the City may assess costs above the respective Project Assessment Waiver Amount but that Owner may appeal any special assessment that is 10% above the Project Assessment Waiver Amount for that project. (b) Owner's Covenant Not to Sue the City: Owner hereby covenants with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied assessment, or for other relief from the payment of the City's levy of a special assessment up to the Project Assessment Waiver Amount against the Property. (c) Assessment: Owner hereby authorizes the City to levy one or more special assessments against the Property for each individual Project Assessment Waiver Amount for the Public Improvements. 4 (d) Owner's Covenant that Owner is the Property Fee Owner: Owner hereby covenants and warrants with the City that, as of the Agreement Date, Owner is seized in fee of the Property and has good right to enter into this Agreement with the City. (e) When Payment is Due: Owner agrees to pay the Project Assessment Waiver amount in installments with the payment of property taxes. (f) Other Agreements: Owner agrees to comply with all terms and conditions of the Development Agreement between the City of Stillwater and Central Commons, LLC dated , 2021 and the Tax Abatement Agreement between the City of Stillwater and Central Commons, LLC dated Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with the Owner that: (a) Project Assessment Waiver Amount: The City agrees that it will certify/levy the Project Assessment Waiver Amount against the Property for the Public Improvements pursuant to this Agreement. (b) Reimbursement of Anderson Parcel Share: If the Anderson Parcel is annexed into the City pursuant to Section 3.4 of the Development Agreement, the Trunk Utility Extension Project cost shall be assessed to the Anderson Parcel based on the contributing developable area. Contemporaneous with the assessment to the Anderson Parcel, the Owner shall be refunded the same amount and at the Owner's discretion, such credit may be allotted to Owner either (i) as a one-time cash payment, or (ii) as a reduction in the Assessment Waiver Amount due for the remainder of the Assessment Term. (c) City Recording of this Agreement: The City will record this Agreement against the Property. (d) Prepayment of Assessment: The City agrees the Owner may prepay some or all of the Project Assessment Waiver Amount against the Property for the Public Improvements with no penalty pursuant to Minn. Stat. § 429.061. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance 5 ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: If to the Owner: City of Stillwater Attention: City Administrator 216 4th 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 Section 5.02 Non -Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. [remainder of page intentionally left blank] 6 IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by their duly authorized representatives. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2021, 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 7 OWNER: CENTRAL COMMONS, LLC By: Summit Management, LLC Its: Sole Member By: Mark Lambert Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2021, 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. This instrument drafted by: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 Notary Public After recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 8 EXHIBIT A Legal Description of 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-B, Central Commons Addition A-1 TAX ABATEMENT AGREEMENT BY AND BETWEEN CITY OF STILLWATER, MINNESOTA AND CENTRAL COMMONS, LLC This instrument drafted by: Taft Stettinius & Hollister LLP (MLI) 2200 IDS Center 80 South 8th Street Minneapolis, MN 55402 (612) 977-8400 13420370v5 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 2 Section 1.1 Definitions 2 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Section 2.2 4 Representations, Warranties and Covenants of the City 4 Representations, Warranties and Covenants of the Owner 4 ARTICLE III UNDERTAKINGS BY OWNER AND CITY Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 6 Reimbursement of Eligible Expenses; Legal and Administrative Expenses 6 Limitations on Undertaking of the City 6 Business Subsidies Act 6 Damage and Destruction 7 Transfer of Project and Assignment of Agreement 7 Action to Reduce Taxes 7 Duration of the Tax Abatement Program 7 Section 3.8 Limitations 7 ARTICLE IV EVENTS OF DEFAULT 9 Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Events of Default Defined 9 Remedies on Default 9 No Remedy Exclusive 10 No Implied Waiver 10 Agreement to Pay Attorney's Fees and Expenses 10 Release and Indemnification Covenants 10 ARTICLE V ADDITIONAL PROVISIONS 12 Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Section 5.7 Conflicts of Interest 12 Titles of Articles and Sections 12 Notices and Demands 12 Counterparts 12 Law Governing 13 Term 13 Provisions Surviving Rescission or Expiration 13 EXHIBIT A PARCEL IDENTIFICATION NUMBERS A-1 -i- 13420370v5 TAX ABATEMENT THIS AGREEMENT, made as of the day of , 2021, by and between the City of Stillwater, Minnesota (the "City"), a municipal corporation and political subdivision of the State of Minnesota, and Central Commons, LLC, a Minnesota limited liability company (the "Owner"), WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, as amended, the City has established a Tax Abatement Program; and WHEREAS, the City believes that the construction of a certain Project (as defined herein), and fulfillment of this Agreement are vital and are in the best interests of the City, will result in enhancement of the tax base is in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 1161995, apply to this Agreement; and WHEREAS, the City has adopted criteria for awarding business subsidies that comply with the Business Subsidy Law, after a public hearing for which notice was published; and WHEREAS, the City Council has approved this Agreement as a subsidy agreement under the Business Subsidy Law; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 13420370v5 ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Benefit Date means the date the Project is completed; City means the City of Stillwater, Minnesota; City Agreements means the Development Agreement for the Plat of Central Commons, Addition by and between the City of Stillwater and Central Commons, LLC and the City of Stillwater's Assessment Agreement for Central Commons, LLC; County means Washington County, Minnesota; Event of Default means any of the events described in Section 4.1; Legal and Administrative Expenses means the fees or expenses incurred by the City in connection with the preparation of this Agreement and the establishment of the Tax Abatement Program; Owner means Central Commons, LLC, a Minnesota limited liability company, its successors and assigns; Project means the development of property as a mixed use Planned Unit Development (PUD) project over several phases to be located on the Tax Abatement Property; Eligible Expenses means the special assessments levied on the Tax Abatement Property, the water, sanitary sewer, and storm sewer improvements installed by the Owner and related engineering costs paid by the Owner; State means the State of Minnesota; Tax Abatement Act means Minnesota Statutes, Sections 469.1812 through 469.1815, as amended; Tax Abatement Program means the actions by the City pursuant to Minnesota Statutes, Section 469.1812 through 469.1815, as amended, and undertaken in support of the Project; Tax Abatement Property means the real property described by parcel identification numbers in Exhibit A attached to this Agreement; 2 13420370v5 Tax Abatements means 100% of the City's share of real estate taxes derived from the Tax Abatement Property less $66,600 annually, abated in accordance with the Tax Abatement Program and this Agreement in an aggregate amount of $3,144,836; Term means the period in which this Agreement shall remain in effect, commencing on the date of this Agreement and continuing until the earlier of (i) the date the Owner receives the Tax Abatements, or (ii) December 31, 2043, unless earlier terminated or rescinded in accordance with the terms contained herein; Unavoidable Delays means delays, outside the control of the party claiming its occurrence, including strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, pandemics, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. 3 13420370v5 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations, Warranties and Covenants of the City. The City makes the following representations, warranties and covenants: (1) The City is a municipal corporation and a political subdivision of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Abatement Program was created, adopted and approved in accordance with the terms of the Tax Abatement Act. (3) To finance the costs of the Eligible Expenses the City proposes, subject to the further provisions of this Agreement, to apply the Tax Abatements to reimburse the Owner for a portion of the costs of the Eligible Expenses as further provided in this Agreement. (4) The City has made the findings required by the Tax Abatement Act for the Tax Abatement Program. Section 2.2 Representations, Warranties and Covenants of the Owner. The Owner makes the following representations, warranties and covenants. (1) The Owner has the power to enter into this Agreement and to perform its obligations hereunder and is not in violation of its organizational documents, member control agreement or any local, state or federal laws. (2) The Owner is a Minnesota limited liability company duly organized, existing and in good standing under the laws of the State and has the power to enter into this Agreement and to perform its obligations hereunder and carry out the covenants contained herein. (3) The Owner will cause the portion of the Project to be constructed by the Owner in accordance with the terms of this Agreement and all City, County, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), including the Americans With Disabilities Act. (4) The Owner will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will 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 portion of the Project to be constructed by the Owner may be lawfully constructed. (5) The construction of the portion of the Project to be constructed by the Owner would not be undertaken by the Owner, and the Eligible Expenses installed by the Owner would not be undertaken by the Owner and in the opinion of the Owner would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Owner provided for in this Agreement. 4 13420370v5 (6) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Owner is now a party or by which it is bound, or constitutes a default under any of the foregoing. (7) The Owner will cooperate fully with the City with respect to any litigation commenced with respect to the portions of the Project owned by the Developer. (8) The Owner will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the portions of the Project owned by the Developer. (9) The construction of the Project shall commence no later than December 31, 2022 and barring Unavoidable Delays, will be substantially completed by December 31, 2032. 5 13420370v5 ARTICLE III UNDERTAKINGS BY OWNER AND CITY Section 3.1 Reimbursement of Eligible Expenses; Legal and Administrative Expenses. (1) The Owner shall provide the City invoices relating or other evidence of the cost of the Eligible Expenses in an amount not less than $3,144,836 (the "Reimbursement Amount"). The City shall reimburse the Owner for the Reimbursement Amount pursuant to the Tax Abatement Program as provided in Section 3.7. (2) The Owner shall reimburse the City for its actual out of pocket Legal and Administrative Expenses. Section 3.2 Limitations on Undertaking of the City. Notwithstanding the provisions of Section 3.1, the City shall have no obligation to the Owner, under this Agreement, to reimburse the Owner for the Eligible Expenses, if the City, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured. Notwithstanding any other provisions of the Agreement, the City shall have no obligation to the Owner under this Agreement to reimburse the Owner for the Eligible Expenses in an amount greater than $3,144,836. Section 3.3 Business Subsidies Act. (1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to 1161995 (the "Business Subsidies Act"), the Owner acknowledges and agrees that the amount of the "Business Subsidy" granted to the Owner under this Agreement is $3,144,836 and that the Business Subsidy is needed because the Project is not sufficiently feasible for the Owner to undertake without the Business Subsidy. (2) The creation of jobs has been determined not to be a goal of the City for the Project pursuant to Minnesota Statutes, Sections 1161993 to 1161995 and the City has held a public hearing and set the wage and job goals at zero. (3) The Owner shall provide the City with information about the Project as requested by the City so that the City can satisfy the reporting requirements of Minnesota Statutes, Section 116J.994, Subd. 8. (4) The Owner agrees to continue its operations of developing and selling the Central Commons project within the City for at least five (5) years after the Benefit Date, which is the date the construction of the Project is complete. (5) As of the date of this Agreement, in addition to the City, the County may be providing financial assistance for the Project. (6) There is no parent corporation of the Owner. 6 13420370v5 (7) The Owner certifies that it does not appear on the Minnesota Department of Employment and Economic Development's list of recipients that have failed to meet the terms of a business subsidy agreement. Section 3.4 Damage and Destruction. In the event of damage or destruction of the portions of the Project owned by the Owner that (i) the Owner chooses not to repair or rebuild, or (ii) the Owner does not commence and diligently pursue such repair or rebuilding within three hundred and sixty (360) days after such event of damage or destruction, the City may, with written notice to the Owner, terminate this Agreement and discontinue such Tax Abatement Program for the Project as of the date of such event of damage or destruction. Section 3.5 Transfer of Project and Assignment of Agreement. (1) The Owner represents and agrees that prior to the expiration or earlier termination of this Agreement the Owner shall not assign this Agreement, without the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. The City shall be entitled to require as conditions to any such approval that: (a) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Owner. (b) Any proposed transferee, by instrument in writing satisfactory to the City shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Owner under this Agreement and agreed to be subject to all the conditions and restrictions to which the Owner is subject. (2) Upon notice by the Owner of a sale of any lot(s) constituting a portion of the Tax Abatement Property, the obligations of the Owner under this Agreement and the right to receive Tax Abatements from such lot(s) may be assigned to the buyer of such lot(s) subject to the provisions of (1) above. Section 3.6 Action to Reduce Taxes. In the event the Owner or subsequent owners of the Tax Abatement Property seek market value reductions of the Tax Abatement Property, the City may reduce the payment of Tax Abatements under this Agreement by the amount that the City determines in its sole and absolute discretion that may be subject to repayment to the County if any reductions in the market values of the Tax Abatement Property are granted. When the amount of any payments to the County are determined, the City shall pay the Developer the amount of the Tax Abatements that were withheld by the City remaining after the payments to the County. Section 3.7 Duration of the Tax Abatement Program. The Tax Abatement Program shall exist for a period of up to fifteen (15) years beginning with real estate taxes payable in 2027 through 2041. On or before February 1 and August 1 of each year commencing August 1, 2027 until the earlier of the date that the Owner shall have received the Reimbursement Amount or February 1, 2042 the City shall pay the Owner the amount of the Tax Abatements received by the City in the previous six month period. The City may terminate the Tax Abatement Program and this Agreement at an earlier date if an Event of Default occurs and is not cured as provided herein and the City rescinds or cancels this Agreement as more fully set forth in Article IV herein. 7 13420370v5 Section 3.8 Limitations. The pledge of Tax Abatements is subject to all the terms and conditions of the resolution approving the abatement approved by the City Council of the City on June 15, 2021. The City makes no warranties or representations as to the amount of the Tax Abatements. Any estimates of Tax Abatements amounts prepared by the City's or the City's financial consultants are for the benefit of the City only, and the Owner is not entitled to rely on such estimates. The Owner further acknowledges that the total property tax abatements payable by the City in any year may not exceed the greater of $200,000 or ten percent of the City's levy for that year (such limit referred to as the "Abatement Volume Cap"), all pursuant to Section 469.1813, subdivision 8 of the Abatement Act. The City does not warrant or represent that the Tax Abatements in the amounts pledged under this Agreement will be within the City's Abatement Volume Cap. 8 13420370v5 ARTICLE IV EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Owner to timely pay any ad valorem real property taxes, special assessments, utility charges or other governmental impositions with respect to the portions of the Project owned by the Owner. (2) Failure by the Owner to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (3) If the Owner is in default under the City Agreements. (4) The holder of any mortgage on the portions of the Tax Abatement Property owned by the Owner or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (5) The Owner shall (a) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (b) make an assignment for the benefit of its creditors; or (c) admit in writing its inability to pay its debts generally as they become due; or (d) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Owner, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Owner, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Owner, and shall not be discharged within sixty (60) days after such appointment, or if the Owner, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of sixty (60) days' written notice to the Owner citing with specificity the item or items of default and notifying the Owner that it has sixty (60) days within which to cure said Event of Default (or commence and diligently pursue such Event of Default if Owner is unable to cure within such sixty (60) day period and Owner is diligently pursuing and 9 13420370v5 can demonstrate progress toward curing the default). If the Owner is unable to cure or commence a cure for the Event of Default within said sixty (60) days as required above: (a) The City may suspend its performance under this Agreement until it receives assurances from the Owner, deemed adequate by the City, that the Owner will cure its default and continue its performance under this Agreement. (b) The City may cancel and rescind the Agreement. (c) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Owner under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to 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 this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default 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. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any 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. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Owner herein contained, the Owner agrees that they shall, on demand therefor, pay to the City the fees of such attorneys and such other expenses so incurred by the City. Section 4.6 Release and Indemnification Covenants. (1) The Owner releases from and covenants and agrees that the City and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Owner agrees to protect and defend the City and its governing body members, officers, agents, servants and employees, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Owner under this Agreement, or the transactions contemplated hereby or the acquisition, construction, ownership, maintenance and operation of the Project. 10 13420370v5 (3) The City and its governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Owner or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person. (4) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. 11 13420370v5 ARTICLE V ADDITIONAL PROVISIONS Section 5.1 Conflicts of Interest. No member of the governing body or other official of the City shall participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Owner or successor or on any obligations under the terms of this Agreement. Section 5.2 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 5.3 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of the Owner is addressed to or delivered personally to: Central Commons, LLC 6770 Stillwater Blvd N, Suite 110 Stillwater, MN 55082 ATTN: Mark Lambert (2) in the case of the City is addressed to or delivered personally to the City at: (3) City of Stillwater 2164thStN Stillwater, MN 55082 ATTN: Tom McCarty, City Administrator with a copy addressed to or delivered personally to: Mary L. Ippel Taft Stettinius & Hollister LLP 2200 IDS Center 80 South 8th Street Minneapolis, MN 55402 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 5.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 12 13420370v5 Section 5.5 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. Section 5.6 Term. This Agreement shall remain in effect commencing on the Effective Date until the earlier of (i) the date the Owner receives the Reimbursement Amount, or (ii) February 1, 2042, unless earlier terminated or rescinded in accordance with its terms. Section 5.7 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. 13 13420370v5 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf, and the Owner has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. CENTRAL COMMONS, LLC, a Minnesota limited liability company By Its [Name, Title] By Its [Name, Title] This is a signature page to the Tax Abatement by and between City of Stillwater, Minnesota and Central Commons, LLC. S-1 13420370v5 CITY OF STILLWATER, MINNESOTA By Its Mayor By Its City Clerk This is a signature page to the Tax Abatement by and between City of Stillwater, Minnesota and Central Commons, LLC. S-2 13420370v5 EXHIBIT A PARCEL IDENTIFICATION NUMBERS Lot 1, Block 1 Central Commons Addition; Lots 1-4, Block 2 Central Commons Addition, Washington County, Minnesota A-1 13420370v5 City of Stillwater Washington County, Minnesota RESOLUTION 2021- A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT AND ASSESSMENT AGREEMENT WITH CENTRAL COMMONS, LLC FOR THE PLAT OF CENTRAL COMMONS ADDITION WHEREAS, the City approved the Development Plans, PUD, and Final Plat for Central Commons Addition; WHEREAS, in conjunction with the granting of these approvals, the City required that the Developer enter into a Development Agreement for the installation and/or availability of public utilities (sewer and water), public streets, storm sewer pipes, ponds, and other facilities; and WHEREAS, as part of the Development Agreement, the Developer has agreed to have certain costs assessed against the property in the Plat. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater hereby approves the following and authorizes execution thereof, subject to minor modification of the City Attorney: 1. The Development Agreement for the Plat of Central Commons Addition; and 2. The City of Stillwater Assessment Agreement for Central Commons. Adopted by the Stillwater City Council this 15th day of June, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION APPROVING TAX ABATEMENT AGREEMENT BETWEEN CITY OF STILLWATER AND CENTRAL COMMONS, LLC WHEREAS, The City has been requested by Central Commons, LLC (the "Owner") to develop property as a mixed use Planned Unit Development (PUD) project over several phases located in the City (the "Project"). The City has approved to use property tax abatements for the Project provided for in Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), from the property taxes to be levied by the City on Lot 1, Block 1, Central Commons Addition; Lots 1-4, Block 2 Central Commons Addition, Washington County, Minnesota (the "Tax Abatement Property"). WHEREAS, it is proposed that the City will enter into a Tax Abatement Agreement with the Owner (the "Tax Abatement Agreement"), which provides for the use of tax abatements to finance the Project in accordance with the Abatement Law and Minnesota Statutes, Section 116J.993 to 116J.995 (the "Business Subsidy Act"). WHEREAS, in accordance with the provisions of Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Business Subsidies Act"), the City has determined that the public purpose of the Project is to increase the tax base in the City and provide services to residents of the City. After holding a public hearing on June 1, 2021, the City has determined that creation and retention of jobs is not a goal of the Business Subsidy for this Project and consequently hereby sets the wage and job goals for the Project at zero. NOW, THEREFORE, BE IT RESOLVED THAT, the Stillwater City Council hereby approves a Tax Abatement Agreement providing for payment of the Abatement in substantially the form submitted, and the Mayor and Administrator are hereby authorized and directed to execute the Tax Abatement Agreement on behalf of the City. BE IT FURTHER RESOLVED the approval hereby given to the Tax Abatement Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Tax Abatement Agreement. The execution of the Tax Abatement Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the Tax Abatement Agreement in accordance with the terms hereof. Adopted by the Stillwater City Council this 15th day of June, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION APPROVING PROPERTY TAX ABATEMENTS WHEREAS, the City has been requested by Central Commons, LLC (the "Owner") to develop property as a mixed use Planned Unit Development (PUD) project over several phases located in the City (the "Project"). The City proposes to use the Abatement (as defined below) for the Project provided for in Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), from the property taxes to be levied by the City on Lot 1, Block 1, Central Commons Addition; Lots 1-4 Block 2 Central Commons Addition, Washington County, Minnesota (the "Tax Abatement Property"). WHEREAS, on June 1, 2021, the Council held a public hearing on the question of the Abatement, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof at which all interested persons appeared and were heard. WHEREAS, the City proposes to approve the Abatements on the City's share of property taxes on the Tax Abatement Property in an amount not to exceed $3,144,836 for a term of up to 15 years to reimburse the Owner for certain eligible expenses of the Project. WHEREAS, the Abatement is authorized under the Abatement Law. WHEREAS, the City Council hereby makes the following findings: 1. The Abatement is the City's share of taxes received on the Tax Abatement Property. 2. The Council expects the benefits to the City of the Abatement to be at least equal or exceed the costs to the City thereof. 3. Granting the Abatement is in the public interest because it will increase the tax base in City. 4. The Tax Abatement Property is not located in a tax increment financing district. 5. In any year, the total amount of property taxes abated by the City by this and other resolutions and agreements, shall not exceed the greater of ten percent (10%) of the net tax capacity of the City for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The City may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 13394884v1 NOW, THEREFORE, BE IT RESOLVED THAT, the Stillwater City Council hereby approves the Abatement and the terms of the Abatement are as follows: 1. The Abatement shall be for up to 15 years beginning with real estate taxes payable in 2027 and continuing through 2041, inclusive and shall not exceed $3,144,836. 2. In accordance with Section 469.1815 of the Act, the City will add to its levy in each year during the term of the Abatement the total estimated amount of current year Abatement granted under this resolution. 3. The City shall provide the Abatement as specified in this resolution and a tax abatement agreement to be entered into with the Owner. 4. The Abatement shall be subject to all the terms and limitations of the Abatement Law. Adopted by the Stillwater City Council this 15th day of June, 2021. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk 2 Ted Kozlowski, Mayor STAFF REQUEST ITEM Department: St. Croix Valley Recreation Center Date: 5/28/2021 DESCRIPTION OF REQUEST The St. Croix Valley Recreation Center is requesting to have sealant replaced between the precast panels and treat the panels for water repellency. They are currently leaking when it rains and damaging the interior of the building. FINANCIAL IMPACT $47,920 Is the cost to do the work and take care of this issue. We would like to use our fund balance for this project. This will take care of this issue for minimum of twenty years and protect the integrity of the building in to the future. Our current fund balance is in good shape and this is a good use of those funds. ADDITIONAL INFORMATION ATTACHED Yes X No Submitted by: Doug Brady Date: 5/28/2021 Right -Way Caulking Inc. 1135 73rdAvenue NE Tel. (763) 780-4102 Minneapolis MN 55432 Fax (763) 780-3363 Joint Sealant Proposal May 11, 2021 St Croix Valley Recreation Center 1675 Market Drive Stillwater, MN 55082 Attention: Doug Brady Phone: 651-592-0031 Project: St Croix Valley Recreation Center Subject: Joint Sealant/Water Repellant Proposal Exterior Work Included 1. Remove and replace the existing sealant and backer rod at the following locations a.) Precast to precast wall panel joints b.) Exterior brick control joints including screen wall c.) Window perimeters at front entrance area (See pricing for sealant replacement at windows other than around the west entrance) d.) Splices within wood facade at entrance area e.) HM door frame perimeters f.) Roof flashing terminations at precast walls 2. Mechanically remove all sealant material and residue from joint substrate edges for proper adhesion of new sealant material 3. Provide professionally tooled finish 4. Apply Protectosil BHN Water Repellant to all precast wall panel conditions a.) Protect adjacent surfaces b.) Apply water repellant per the manufactures written instructions 5. Dispose of all sealant materials that are removed 6. Provide staging when working near entrances for safe access into the building 7. Lift cost are included 8. Sealant Material: Tremco Dymonic FC a.) Color match all adjacent materials Interior Work Included 1. Remove and replace the existing sealant and backer rod at vertical precast to precast stadia joints 2. Mechanically remove all sealant material and residue from joint substrate edges for proper adhesion of new sealant material 3. Protect joints until cured 4. Sealant Material: Tremco Spectrum 800 Traffic Grade Silicone Sealant a.) Color: Gray Right -Way Caulking In. 1135 73rd Ave NE, Fridley MN 55432 Phone: 763-780-4102 Fax:763-780-3363 II. Bid 1. Exterior Precast Wall Panel Joint Sealant: Complete $22,900.00 a.) North $6,100.00 b.) South $4,900.00 c.) East $9,700.00 d.) West $5,100.00 e.) Add for Silicone Sealant on complete building $3,600.00 2. Exterior Brick control joint sealant $1,920.00 3. Exterior Window Perimeters/Wood Splices at front entrance $4,400.00 4. Exterior window perimeters on North/West elevations 1,800.00 5. Furnish and Apply Exterior Water Repellent Complete $16,200.00 a.) North $4,900.00 b.) South $3,500.00 c.) East $5,200.00 d.) West $3,500.00 6. Complete cost to do all Exterior item's listed above in one Mobilization $45,600.00 7. Interior Precast Stadia $2,320.00 III. Exclusions 1. None Thank you, Right -Way Caulking Inc. By: Dalton Keep Estimator/PM Right -Way Caulking In. 1135 73rd Ave NE, Fridley MN 55432 Phone: 763-780-4102 Fax:763-780-3363 RE ERHPLACE OF MIMEITA Memo To: Mayor and City Council From: Jason Grode, Parks Superintendent Meeting Date: June 15, 2021 Re: The Lumberjack's Acoustic in the Alley Event BACKGROUND: The Lumberjack has recently completed an event application for the event: Acoustic in the Alley. Every Thursday evening from 6pm-9pm, they are proposing to have live acoustic music in the North end of the Union Alley. This will usually involve single artist performers with low amplification. The estimated capacity or attendance would be 10-30 people. They have requested to block off the alley in the past and this was approved by Council in May of 2020. Again, this request would be from 6pm-9pm on Thursday evenings from June -September 2021. This proposal is presented to Council primarily for the Council to consider allowing live amplified music outdoors in Union Alley. One of the conditions of approval for issuance of the Outdoor Seating Area permit was no live entertainment or sound amplification is allowed in the outdoor seating area. It would be inconsistent for the City to authorize live outdoor amplified music via this event permit process, when a previously issued permit specifically did not allow outdoor music. Further, outdoor music (live or amplified) potentially negatively impacts residential neighbors of the outdoor space. Therefore staff recommends denial of the permit. ACTION REQUIRED: Upon review of the application, the City Council should pass a motion denying the Lumberjack's Acoustic in the Alley event application. Attachment: Application Form & Site Plan iilwater THE BIRTHPLACE OF MIMMESOTA EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 6.2.2021 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Accoustic in the Alley Time to 9pm Event Date/Time: Set up: Date Thursdays June Sept 6pm Actual Event: Date Time to Clean up: Date Time to (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) 123 2nd St, Suite 102. The Lumberjack - North End of Union Alley Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Every Thursday we hope to offer live accoustic music in the alley. Usually single artist proformers low amplification - more mood music then perf manc st le. PK Estimated Attendance (participants and spectators): 10-30 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: The Lumber Mailing Address: 123 2nd St N, Suite 102 City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Sara Jespersen Phone Number: 651-308-3552 Fax: Cell Phone: 651-308-3552 Email Address: sara@thelumberjackmn.com Website Address: www.thelumberjackmn.com Name of contact person during event: Sara Jespersen Cell Phone: 651-308-3552 Alternate contact during event: Nick Haggerty Cell Phone: 651-235-0772 Refer media or citizens inquires to: Sara Jespersen Phone: 651-308-3552 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No © Yes ■ Number and size: Will there be any inflatables? No ■ Yes ■ Insurance certificate from rental vendor is required Acoustic Music Fees for electricity may Will there be entertainment? No ■ Yes El What type: apply see Instructions Small single amp 6-9pm on Thursdays Will sound amplification be used? No ■ Yes © Hours and Type: Will a stage or tent(s) be set up? No 0 Yes • Dimensions: Will there be temporary fencing? No 0 Yes ■ How many Fees for electricity may Will merchandise/food items be sold? No 0 Yes ■ vendors expected: apply see Instructions Will food be prepared on site? No 0 Yes ■ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No 0 Yes ■ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No © Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No • Yes © See Alcohol Regulations in the Instructions Will there be a fireworks display? No 0 Yes • Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. None - we provide. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Social media promotion only. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No 0 Yes ■ Start/End Time: Date: City Sidewalks or Trails No © Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No 0 Yes ■ Start/End Time: Date: Fees may apply Will event need barricade(s)? No 3 Yes • Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No 0 Yes • Number needed: see lnstructions Fees may apply Will portable restrooms be needed? No 0 Yes ■ Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No M Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: Nothing different than our typical daily operations. Will event need traffic control? No © Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Must be at a dining table to listen and watch. Fees may apply see Instructions Will "No Parking Signs" be needed? No M Yes ■ Number needed: Show location(s)onsite map Will event need security? No 0 Yes • If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No MI Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: We have a first aid kit inside and would call EMS if any emergency came up. Describe the emergency action plan if severe weather should arise: Everyone would come indoors. List any other pertinent information: Small groups gather to dine and listen to music in union alley once a week. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the City of SKillwater and is a release of Liability. Signature of Applicdrnt 'r uthorized Agent Date N Lumberjack Acoustic Artist o Oco CD PC o N M o o 0 0 o 0 o (0 N 0 1 Union Alleyway S O O J co co 0 MEMORANDUM To: Mayor and City Council ei From: Shawn Sand , Director of Public Works Date: June 10, 2021 Subject: Riverbank Stabilization and Riverwalk Project Project 2016-06 DISCUSSION Recently, the City received permit approval from the US Army Corps of Engineers for the Riverbank Stabilization and Riverwalk Project. Our engineer for the project, AMI Consulting, has completed the plans and specifications and we are now ready to advertise for bids to construct the project. If approved, bids would be opened on July 15, awarded at the July 20 meeting and construction could begin in August. The majority of the work would be completed by the spring of 2022, with the exception of the restoration, and depending on weather, possibly trail paving. Work would not commence on the property south of Nelson Street, until easements have been acquired. RECOMMENDATION Staff recommends that Council approve the plans and specifications and authorize the advertisement of bids for the Riverbank Stabilization and Riverwalk Project -Project 2016-06 ACTION REQUIRED If Council agrees with the recommendation, they should pass a resolution Approving the Plans and Specifications and Authorize the Advertisement of Bids for the Riverbank Stabilization and Riverwalk Project - Project 2016-06. City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE RIVERBANK STABILIZATION PROJECT PROJECT 2016-06 WHEREAS, the City received permit approval from the US Army Corps of Engineers for the Riverbank Stabilization and Riverwalk Restoration Project. AMI Consulting has prepared plans and specifications for the Riverbank Stabilization and Riverwalk Restoration Project (Project 2016-06) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at QuestCDN.com the advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and for two weeks online at QuestCDN.com and shall specify the work to be done, shall state that bids will be received by the City Clerk until July 15th, 2021, at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on July 20th, 2021, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by the Council this 15th day of June 2021. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Washington -- County Fi FYI BOARD AGENDA ***NOTE CHANGE IN TIME*** June 15, 2021- 3:00 PM Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, Chair, District 5 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 video conference, 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. 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 administration(a�co.washington.mn.us, or by telephone at 651-430-6001. Any comments or 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 the Public Hearing may join the meeting remotely through WebEx at: https://washco.webex.com/washco/j.php?MTID=m913e713c65511fcd818dacea1d946961 1. 2:30 Board Workshop with Property Records and Taxpayer Services A. Status Update on License and Service Centers 2. 3:00 Ro11 Ca11 Pledge of Allegiance 3. 3:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 4. 3:10 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 May 25, 2021, and June 1, 2021, County Board meeting minutes. B. Approval to appoint Bobby Hammons, Schwieters Companies, Hugo, to a partial first term expiring December 31, 2023, as the Business Representative on the Workforce Development Board. 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 Consent Calendar continued C. Approve grant application and accept grant funds in the amount of $25,832 through the Emergency Solutions Program from the Minnesota Department of Human Services. D. Approve a letter to the Minnesota Department of Employment and Economic Development (DEED) to request that Washington County continue to be designated as a Workforce Development Area under WIOA. E. 1. Approval of Grant Agreement No. 14136 with the Minnesota Department of Human Services for the Fraud Prevention Investigation Program, in the amount of $260,000 for the period July 1, 2021, through June 30, 2023. 2. Approval of Cooperative Agreement No. 14135 with the Washington County Sheriffs Office to provide the Fraud Prevention Investigative Services, and authorize its execution pursuant to Minn. Stat. 373.02. F. Approve Change Order No. 7 to Contract No. 12904 with Pember Companies, Inc. in the amount of $5,000 for the Environmental Center Site Improvements Project (PHE-001). G. Recommend rejecting all bids received for the Lake Elmo Park Reserve Modern Campground Septic Improvement Project. H. Adopt a resolution to submit four (4) county projects for funding consideration through the 2022 Minnesota Capital Budget system. 5. 3:10 Public Works - Wayne Sandberg, Deputy Director/County Engineer A. Public Hearing - Continuation from June 1st 1. Update to the current Washington County transportation sales tax, pursuant to Minnesota Statute 297A.993. 2. Consideration of resolution to increase the County transportation sales and use tax to 0.5% and maintain the vehicle excise tax of $20 per motor vehicle. 6. 3:55 General Administration - Kevin Corbid, County Administrator A. Legislative Update 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. 4:25 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. 4:40 Board Correspondence 9. 4:40 Adjourn 10. 4:40 Break 11. 5:00 PM County Board Convenes as the Board of Appeal and Equalization A. County Board of Appeal and Equalization 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