Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2021-12-21 CC Agenda Packet
© Zoom Meeting Participant ID: 481687 Rose Holman City Clerk, Beth Wolf Rose Holman Q GOV 4 Remove Pin Linda Countrym... Wendy Gorski Linda Countryman Wendy Gorski sill Dave Junker _ rill /1.4 O S;7 © A Join Audio Start Video Security Participants Share Screen Record Closed Caption Reactions P Type here to search Stillwater AV 10 0 0 0 x a Participants (7) City CI... (Host, me, participant ID: 481687) Rose Holman (Co -host) Dave Junker Stillwater AV Cam Murray Linda Countryman Wendy Gorski Invite Mute All /F 0 4 Ii ico ryf co /P 0 0 ^ ©x 7:21 PM 12/21/2021 11lwater The Birthplace of Minnesota 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, 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 No Change CITY COUNCIL MEETING bto Agenda December 21, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificate of Appreciation - Sherri Hopfe and Ryan Lettner (Downtown Parking Commission), Mike Dolphin and David Tomenes (Human Rights Commission), Mary Richie (Library Board of Trustees) 2. Certificate of Appreciation - Retirement for Tim Moore, Public Works Superintendent - Streets Resolution 2021-176 3. Bike Friendly City Designation Presentation - Dorian Grilley, Bike MN, & Rick Heidick, Sustainable Stillwater 4. Certificates of Appreciation - Stillwater's 2021 Tree Lighting V. OPEN FORUM -the open forum allows the public to address council on subjects which are not apart of the meeting. Council may take action, reply orgive direction to staff. Please limityour comments to 5 minutes or less. VI. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator VII. CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 13. December 7, 2021 regular meeting minutes 14. Payment of Bills 15. Acceptance of Cash Donations 2021- Resolution 16. BierCycle Adventures, Pat Wolf License Renewal - Resolution 17. Boards and Commission Appointments 18. City Meeting Date Changes for 2022 - Resolution 19. DNR Agreement Memorializing Donation to Lumberjack Landing - Resolution 20. Emergency Pre-emptive Systems Project Final Payment 21. Haulers License Renewals for 2022 - Resolution 22. Legal Publication Designation for 2022 - Resolution 23. Market Place Lift Station Improvement Project Final Payment 24. Mutual Aid Agreement with St. Croix County, WI Sheriff's Office for Law Enforcement Services 25. On -Street Parking Change at 224 Chestnut Street E 26. Purchase Request for Front -End Loader with Snowplow Equipment and Barrier Lifts for Public Works 27. Purchase Request for Portable Generator for Public Works Utilities Department 28. Purchase Request for Replacement Generator at Aiple Lift Station 29. St. Croix Valley Rec Center Purchase Request for New Dasher Board System 30. St. Croix Valley Rec Center Purchase Request for New Sound System 31. Temporary Liquor License Fire & Ice Pond Hockey Event at Lily Lake 32. Waste Management Solid Waste Price Increase due to Net Disposal Cost 33. Designating Polling Locations - Resolution VIII. PUBLIC HEARINGS - None IX. UNFINISHED BUSINESS 34. Selection of Lobbying Firm for Legislative Services- Resolution X. NEW BUSINESS 35. Fire & Ice Event at Lowell Park and Temporary Liquor License 36. World Snow Sculpting Event Contract and Temporary Liquor License XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda December 21, 2021 a-ie ater STILLWATER CITY COUNCIL CERTIFICATE I H F 9 1 A I H P L A C t 0 � M I N N E S 0 1 A OF APPRECIATION On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Jileairc Yab &.$ Jon ya.cvc gene o j u p p oxt of S` ',j 2V 21 J gee BiqhKng fc tfw 2V21-2V22 Season, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: December 21, 2021 Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 1,901.10 Ace Hardware Supplies 182.65 Action Rental Inc. Equipment Rental 727.11 Advance Auto Parts Supplies 72.76 AMI Consulting Engineers PA Riverbank Stabilization 9,180.00 Arrow Sports Group Concession supplies 260.06 Aspen Mills Uniforms 1,851.99 Astleford International Equipment repair supplies 67.79 AT&T Mobility Wireless card for locator 84.73 AutoNation Equipment repair supplies 95.38 Baker Tilly Municipal Advisors Issuance fees 20,057.00 Batteries Plus Bulbs Batteries 36.73 Becker Fire Safety Services LLC Annual Fire Extinguisher Services 1,138.15 BlueCross BlueShield of MN Inc. Retiree Health Insurance 13,339.50 Buberl Black Dirt Inc. Bergmann ice rink black dirt 315.00 Canteen Refreshment Services Concession supplies 682.24 Capras Utilities Watermain repairs 4,270.00 CDW Government Inc. Wireless access points & other supplies 6,703.32 Cintas Corporation Uniform & mat cleaning service 932.53 Coca-Cola Distribution Beverages for concessions 1,093.10 Comcast Internet & Cable TV 159.14 Core & Main Hydrant repair 13,141.02 Crime Stoppers of MN 2022 Law Enforcement Partnership Program 200.00 Dalco Field supplies 306.47 ECM Publishers Public hearing publications 123.50 Enterprise FM Trust Lease vehicles 9,805.45 Eskierka Susan Escrow Refund CPC 2021-28 541.01 Fleischhaker Dave Reimburse for work boots 200.00 Flexible Pipe Tool Co. Clean lens and test 135.00 FlowMSP Three Year License Fee 4,500.00 Goodyear Commercial Tire Tires 556.53 Grainger Supplies 27.51 Guardian Supply Uniforms 574.92 Hawkins Inc Chemicals 2,937.57 Hildi Inc Actuarial valuation 9,600.00 IACP Membership 190.00 Jahnke Brian Reimburse for work boots 200.00 Jaytech Inc Chemicals 1,408.86 Kelly & Lemmons PA Prosecution 8,150.00 K-Tech Specialty Coatings Beet Heet Concentrate 847.64 Leadership Growth Group LLC 2022 Leadership Growth Group Series 703.98 Lincoln National Life Insurance Co COBRA Life Insurance 3.60 Linde Gas & Equipment Cylinders 60.85 Loffler Companies Switches Host Server and Firewall 36,288.38 Lynn Peavy Company Supplies 124.49 Madden Galanter Hansen LLP Labor Relations Services 328.53 Marshall Electric Company Electrical service 4,405.00 Menards Supplies 1,201.56 Page 2 Miller Excavating Watermain repairs 15,760.71 Mino Amy Technology Reimbursement 500.00 MN Dept of Health Drinking Water Water Connection Fee 14,750.00 MN State Fire Chiefs Assn Membership 280.00 Modern Heating & Air Replace stat in pump house 2,284.74 Municipal Emergency Services Structural gloves 164.53 Municode Code pages 1,063.00 NAPA Auto Parts Equipment repair supplies 26.00 Nesco LLC Equipment repair supplies 33.00 Norby Vanessa Reimburse for mileage 24.08 Norcuitt Homes Inc Grading Escrow Refund 3,000.00 Northern Tool Equipment repair supplies 74.96 Nuss Truck & Equipment Equipment repair supplies 310.67 Oevering Homes Grading Escrow Refund 3,000.00 Olson Cindy L Partial transcript court hearing testimony 110.50 Pepsi Beverages Company Beverages for concessions 799.13 Per Mar Security Services Quarterly Monitoring Service 774.50 Performance Plus LLC Medical examinations 8,027.00 Pro-Tec Design Parking ramp camera replacements 13,432.89 Quill Corporation Office supplies 312.16 Radke Daniel Reimburse for Work Boots 200.00 Riedell Shoes Inc. Skates 262.92 Ries Farms LLC Yard waste disposal 2,658.16 RJR Studio Wildlife Art Printing 1,275.00 Ruud Cole Work Boot Reimbursement 200.00 Safe Fast Inc Supplies 239.52 SEH Inc 2022 Street Project 12,347.29 Sherwin Williams Supplies 45.72 Shilts Cindy Reimbursement 161.34 Simplifile LC Filing fees 351.75 Sirotiak Lauren Reimburse for work boots 160.00 SiteOne Landscape Supply Supplies 49.54 Springbrook Software Monthly UB web payments 530.00 Stillwater Fire Relief Assoc Online auction sold fire truck 1,581.00 Stillwater Glass Inc. Aiple broken window 351.42 Summit Companies Annual Sprinkler Inspection 375.00 Sunram Construction Riverbank stabilization 520,073.75 Symbol Arts 150th Anniversary Coin Minnesota 1,830.25 Tessman Seed Co. St. Paul Ice melt 459.50 TimeMark Inc. Gamma traffic recorder 1,328.87 TKDA Tower Dr Water Tower Inspection 786.91 Tri-State Bobcat Equipment repair supplies & rental 3,983.70 Twin Cities Dots & Pop Treats for concessions 702.00 Uline Inc Supplies 1,669.24 Vinco Inc Lift Station Improvements 147,900.00 Voyant Communications Phone 534.49 Waldron Compnay Recreation Center 5,025.00 Water Conservation Services Inc Leak locates 951.76 Xcel Energy Street light 2,734.50 Page 3 LIBRARY Ace Hardware Janitorial Supplies 194.80 Amazon Business Supplies 1,212.34 Amdahl Locksmith Inc Chris Locksmith 134.50 Baker and Taylor Materials 21.83 Blackstone Audio Materials 422.97 Brodart Co Materials 4,895.11 CDW Government Inc. CISCO 584.97 Comcast Internet 188.10 Demco Inc. Supplies 346.80 Info USA Marketing Inc. Materials 620.00 Madden Galanter Hansen LLP Labor Attorney 36.00 Master Mechanical Inc. Boiler 3/RTU 2 Repairs 1,464.70 Midwest Tape Materials 1,017.42 MN Dept of Labor and Industry Elevator Operating Permit 200.00 Office of MN IT Services Telephone 148.35 One23 Events LLC Event Management Fees 2,881.00 Rose Floral Terrace Pots 60.00 Serendipity Art & Design Programs 125.00 Uline Inc Janitorial Supplies 789.82 White Bear Center for the Arts Programs 375.00 World Book Inc Materials 379.00 NOVEMBER MANUALS Blue Cross and Blue Shield of MN Retiree Health Insurance 27,926.26 Lincoln National Life Insurance Co COBRA Life Insurance 3.60 Lone Oak Companies Inc UB Postage 2,756.04 Metro Sound & Lighting Meeting Room Sound System 24,756.07 Xcel Energy Energy 42,439.26 ADDENDUM Comcast Internet 269.80 Linde Gas & Equipment Cylinders 59.88 Xcel Energy Energy 2,048.43 TOTAL 1,049,565.70 Adopted by the Stillwater City Council this 21st day of December, 2021 Mayor Ted Kozlowski �r I dO 1 i a Key Alcohol Perimeter Vendor/Sponsor Tent Chamber Tent/Info Hut Snow Store/Hut Food Truck Garbage/Recycle Can Handwashing Station R Restroom Concession Tent Beer Tent ID Check/Ticket Sales Beer Trailer Plowed Walking Path Ice Rink Snow Sculpture Sculpture Perimeter Rope Only in MN MN Ice Sculpture Snowman Building Contest Snow Slide Firepit • Igloo � J v 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, 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 December 21, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificate of Appreciation – Sherri Hopfe (Downtown Parking Commission), Mike Dolphin and David Tomenes (Human Rights Commission), Mary Richie (Library Board of Trustees) 2. Certificate of Appreciation - Retirement for Tim Moore, Public Works Superintendent – Streets Resolution 2021‐176 3. Bike Friendly City Designation Presentation – Dorian Grilley, Bike MN, & Rick Heidick, Sustainable Stillwater 4. Certificates of Appreciation – Stillwater’s 2021 Tree Lighting V. OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 13. December 7, 2021 regular meeting minutes 14. Payment of Bills 15. Acceptance of Cash Donations 2021 – Resolution 16. BierCycle Adventures, Pat Wolf License Renewal – Resolution 17. Boards and Commission Appointments 18. City Meeting Date Changes for 2022 – Resolution 19. DNR Agreement Memorializing Donation to Lumberjack Landing – Resolution 20. Emergency Pre-emptive Systems Project Final Payment 21. Haulers License Renewals for 2022 – Resolution 22. Legal Publication Designation for 2022 – Resolution 23. Market Place Lift Station Improvement Project Final Payment 24. Mutual Aid Agreement with St. Croix County, WI Sheriff’s Office for Law Enforcement Services 25. On-Street Parking Change at 224 Chestnut Street E Page 2 of 2 City Council Meeting Agenda December 21, 2020 26. Purchase Request for Front-End Loader with Snowplow Equipment and Barrier Lifts for Public Works 27. Purchase Request for Portable Generator for Public Works Utilities Department 28. Purchase Request for Replacement Generator at Aiple Lift Station 29. St. Croix Valley Rec Center Purchase Request for New Dasher Board System 30. St. Croix Valley Rec Center Purchase Request for New Sound System 31. Temporary Liquor License Fire & Ice Pond Hockey Event at Lily Lake 32. Waste Management Solid Waste Price Increase due to Net Disposal Cost 33. Designating Polling Locations - Resolution VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS 34. Selection of Lobbying Firm for Legislative Services- Resolution X. NEW BUSINESS 35. Fire & Ice Event at Lowell Park and Temporary Liquor License 36. World Snow Sculpting Event Contract and Temporary Liquor License XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Date of recognition: December 21, 2021 S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Sherri Hopfe For 11 ½ years of service as a member of the Downtown Parking Commission and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL SERVICE AWARD Date of recognition: December 21, 2021 S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Ryan Lettner For 7 ½ years of service as a member of the Downtown Parking Commission and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL SERVICE AWARD Date of recognition: December 21, 2021 S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Mike Dolphin For 2 years of service as a member of the Human Rights Commission and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL SERVICE AWARD Date of recognition: December 21, 2021 S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to David Tomenes For 1 ½ years of service as a member of the Human Rights Commission and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL SERVICE AWARD Date of recognition: December 21, 2021 S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Mary Richie For 9 years of service as a member of the Library Board of Trusteesand for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL SERVICE AWARD City of Stillwater, Minnesota Mayor Resolution 2021‐176 Tim Moore WHEREAS, Tim Moore, is retiring from City employment as Public Works Superintendent - Streets, effective January 3, 2022. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his dedicated service to the City, Tim is hereby commended for serving the City of Stillwater, and its citizens faithfully, efficiently and courteously for 26 ½ years. The Council regrets that he is retiring from City employment, and extends 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 Tim Moore. Adopted by the City Council this 21st day of December, 2021. 12/17/21, 1:07 PMBuilding Blocks of Bicycle Friendly Communities | League of American Bicyclists Page 1 of 3https://bikeleague.org/content/building-blocks-bicycle-friendly-communities ABOUT THE LEAGUE EQUITY, DIVERSITY, AND INCLUSION BICYCLE FRIENDLY AMERICA AWARD DATABASE COMMUNITIES Resources for Building a BFC About the Application Process Building Blocks of BFCs BFC Honorable Mentions FAQs Bike Month Tips for (Current & Aspiring) Bicycle Friendly Communities BUSINESSES UNIVERSITIES STATES THE 5 E'S TOOLS & RESOURCES PURCHASE BFA MATERIALS NATIONAL BIKE SUMMIT® SMART CYCLING ADVOCACY LEADERSHIP INSTITUTE NATIONAL BIKE MONTH NATIONAL BIKE CHALLENGE MEMBERSHIP BUY LEAGUE MATERIALS BUY LEAGUE GEAR QUICK LINKS CONNECT LOCALLY Find local events, classes, bike shops and more. enter 'city, state' or zip code Search SHARE THIS BUILDING BLOCKS OF BICYCLE FRIENDLY COMMUNITIES Since the Bicycle Friendly Community program began in 1995 we have collected a tremendous amount of data on community efforts to improve bicycling and seen a tremendous change in best practices. Over time, we have identified key metrics that we want to track for all Bicycle Friendly Community applicants - which we call the Building Blocks of a Bicycle Friendly Community. In 2013, we summarized these Building Blocks in an easy to share infographic and since that time each community report card has reflected 10 of the Building Blocks. If you'd like to learn more broadly about the types of attributes of a Bicycle Friendly Community, this document provides a shareable list of attributes. WHAT THE BUILDING BLOCKS TELL US ABOUT BICYCLE FRIENDLY COMMUNITIES Below is a brief description of each of the 10 Building Blocks that appear on Bicycle Friendly Community report cards: »High Speed Roads with Bicycle FacilitiesHigh Speed Roads with Bicycle Facilities - This building block reflects the reported bicycle facilities on roads with posted speed limits of more than 35 mph. It replaced the building block "percentage of arterials and major collectors with bicycle facilities" when our application changed to ask for information on the specific types of bicycle facilities on roads of different posted speed limits. The average Bronze community has bicycle facilities on 19% of its high speed roads. GET INVOLVED: BECOME A SUBSCRIBER Stay updated with the League's biweekly E-news Subscribe to our mailing list Subscribe BECOME A MEMBER Join us in making biking better across the country. WHY JOIN » CONTACT THE BFA TEAM:CONTACT THE BFA TEAM: bfa@bikeleague.org THE BFC PROGRAM IS GENEROUSLY SUPPORTED BY: BUILDING BLOCKS OF BICYCLE FRIENDLY COMMUNITIES 12/17/21, 1:07 PMBuilding Blocks of Bicycle Friendly Communities | League of American Bicyclists Page 2 of 3https://bikeleague.org/content/building-blocks-bicycle-friendly-communities »Total Bicycle Network mileage to Total Road Network MileageTotal Bicycle Network mileage to Total Road Network Mileage - This building block reflects the entirety of bicycle facilities, located on and off-road, divided by the reported centerline miles of all roadways. The average Bronze community has a ratio of roughly 1 mile of bike network for every 4 miles of road network. »Bicycle Education in SchoolsBicycle Education in Schools - This building block reflects the percentage of elementary, middle, and high schools that offer bicycle education and the type of education offered at each school. Prevalence and type are used to create descriptive categories, with the average Bronze having average Bicycle Education in Schools. »Share of Transportation Budget Spent on BicyclingShare of Transportation Budget Spent on Bicycling - This building block reflects the reported percentage of each community's total trannsportation budget, over the past 5 years, invested in bicycle projects. There average Bronze community reports that 9% of its transportation budget is invested in bicycle projects. »Bike Month and Bike to Work EventsBike Month and Bike to Work Events - This building block reflects the number of events promoted as part of bike month in each community. The number of events is used to create descriptive categories, with the average Bronze having either average or Good Bike Month and Bike to Work Events. »Active Bicycle Advocacy GroupActive Bicycle Advocacy Group - This building block reflects reported bicycle, active transportation, and transportation equity advocacy groups. Over 90% of communities that apply report the existence of an advocacy group in their community. »Active Bicycle Advisory CommitteeActive Bicycle Advisory Committee - This building block reflects whether a bicycle advisory committee exists and how often it is reported to meet. The average Bronze community has a bicycle advisory committee that meets roughly every two months. »Bicycle Friendly Laws & OrdinancesBicycle Friendly Laws & Ordinances - This building block reflects local ordinances or state laws that are reported to protect or restrict bicyclists in each community. Ther number of restrictive laws is subtracted from the number of protective laws and that number is used to create descriptive categories. The average Bronze community has has between acceptable and average Bicycle Friendly Laws & Ordinances. »Bike Plan is Current and is Being ImplementedBike Plan is Current and is Being Implemented - This building block reflects reported information on the existence of a bike plan, the age of the bike plan, whether that bike plan has goals, and whether those reported goals are being met. Nearly 70% of communities that apply report having a bike plan that is current and is being implemented. »Bike Program Staff to PopulationBike Program Staff to Population - This building block reflects reported information on the number of full-time equivalent employees in each community and the population of each community. We divide the population of each community by the reported full time equivalent employees, so this statistic can be higher than the population of a community. It is reported in the number of thousands of residents per BLOG | CONTACT | LOGIN | JOIN/RENEW | DONATE | SHOP 12/17/21, 1:07 PMBuilding Blocks of Bicycle Friendly Communities | League of American Bicyclists Page 3 of 3https://bikeleague.org/content/building-blocks-bicycle-friendly-communities one full-time staff person. The average Bronze community has 148,000 residents per one staff person. To learn more about the specific data used and how building blocks are calculated, see this Guide to the Bicycle Friendly Community Report Card. QUICK LINKS Bicycle Friendly America Active Transportation Leadership Institute Advocacy National Bike Month National Bike Summit Smart Cycling PROGRAMS Blog Bike Laws Media Inquiries Policy/Reports Search Local Resources INFORMATION Home Donate Join Renew Buy League Materials BFA Login LCI Login CONNECT SUBSCRIBE Sign up to receive our e-news in your inbox email address . Copyright 2000-2021, League of American Wheelmen, Inc. dba League of American Bicyclists, 1612 K Street NW, Suite 1102, Washington, DC 20006, 202-822-1333. The League is a 501(c)(3) organization. LEAGUE OF AMERICAN BICYCLISTS®, NATIONAL BIKE SUMMIT,® BIKE LEAGUE℠, BICYCLE FRIENDLY℠ , BICYCLE FRIENDLY AMERICA℠, BICYCLE FRIENDLY STATE℠, BICYCLE FRIENDLY COMMUNITY℠, BICYCLE FRIENDLY BUSINESS℠, BICYCLE FRIENDLY UNIVERSITY℠, AND BF℠, BFA℠, BFS℠, BFC℠, BFB℠ AND BFB℠ ARE SERVICE MARKS OF LEAGUE OF AMERICAN WHEELMEN, INC.DBA LEAGUE OF AMERICAN BICYCLISTS. ALL RIGHTS RESERVED. SEE OUR PRIVACY POLICY. Site design by Language Dept. Development by radicalDESIGNS. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Greater Grand Forks/ East Grand Forks of o Bemidji Fargo/Moorhead of o Gra f, Rapids Metro Frazee w lk O O Duluth of o Lf;)fr Detroit ~ er t 0 10 0 Lakes d'b .A... 0 0 Fergus Fallj. t o Crosby f Grand Marais of o ' ofo oY°o O 0 Brainerd !Edina B ttl L k Sartells t. Cloud H~nnepin Sounty a e a e fr Minneapolis Willm ar O sfo ) Richfi~ld 0f0 Hutchins on Hopkins of o of o ~~: ~~~:s Park Ne w Ulm Stillwater ~ Marshall of o fr Woodbury • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • L of o Jackson OM O k t of o of o L fr an a o . b •k ' 0 0 Alb~~ea Rochester Winona "°'!"~.,!?. : Bike MN .org • II D Bi keMN • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Cub Foods For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Jeff & Missy Hause For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to the Polehna Family For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Water Street Inn For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Mike & Anissa Raleigh For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Miller Excavation For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Action Rental For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Leo's Malt Shop For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Gartner Companies For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Taylor Electric For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Date of Recognition: December 21, 2021 Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Paul Larson, Quickfire Pizza/ Alchemy Sound & Vision For your generous support of Stillwater’s 2021 Tree Lighting for the 2021-2022 Season,and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Christmas Tree in Downtown Stillwater 2021-22 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 7, 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, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders IT Manager Holman Library Director Troendle OTHER BUSINESS Rec Center Expansion/Curling Center Discussion City Administrator McCarty introduced Dr. Craig Waldron, who facilitated a Stakeholder Group to work through a concept design process for the possible Curling Facility/Connector Expansion at the St. Croix Valley Recreation Center. Dr. Waldron reviewed the preliminary draft of a concept design. Councilmember Junker asked if there has been any more discussion with USA Curling; and Dr. Waldron replied they are very excited about the proposal and view it as a potential site for their events, but are not able to commit to participating in a building project. Mr. McCarty stated that if the Council concurs, staff would recommend that the City Council 1) accept the draft concept design plan; 2) direct City staff to issue an RFP for construction cost estimates; and 3) utilize the City’s financial advisor, Baker Tilly, to provide a business pro-forma due diligence review for the long-term operation. Jim Honsvall, St. Croix Curling, stated his group is prepared to pay up to half (up to $20,000) of the costs related to the RFP analysis and business pro-forma analysis. Motion by Councilmember Polehna, seconded by Councilmember Junker, to accept the concept design for the possible Curling Facility/Connector Expansion at the St. Croix Valley Recreation Center, and to more forward toward a cost sharing agreement with stakeholders to obtain a pro-forma and cost estimate. All in favor. City Council Meeting December 7, 2021 Page 2 of 13 American Rescue Plan Act (ARPA) Funding Allocation City Administrator McCarty stated that $2.15 million federal funding has been allocated to the City to be disbursed over two years. He provided a preliminary list of potential ARPA fund allocations and suggested a work session with department heads in the new year. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2021‐163, Resolution Accepting the Coronavirus Local Fiscal Recovery Fund Established Under the American Rescue Plan Act (ARPA), and to apply ARPA funds to the items identified in the 2022 budget as ARPA fund-eligible. All in favor. Summary of Lobbying Firm Proposals City Administrator McCarty provided four lobbyist proposals with costs ranging from $32,000-42,000. Mayor Kozlowski and Councilmember Odebrecht volunteered to be on a team to review the proposals. Consumption of Alcohol in Lowell Park Discussion Mr. McCarty noted that the waiver from the prohibition of consumption of alcohol in the park, to accommodate outdoor seating under COVID, expired October 31. Police Chief Mueller stated the City has not had any issues with alcohol in Lowell Park. City Clerk Wolf clarified that the continued waiver will allow consumption without a permit, but it does not allow businesses to let an open container leave their premises. Events held in the park still must define their designated area for serving alcohol. Mayor Kozlowski suggested that, as part of discussion of the ordinance in the future, the Council consider applying the waiver to other parks as long as law enforcement has the tools to deal with people who are not being responsible. Motion by Councilmember Collins, seconded by Councilmember Polehna, to extend the previous waiver of the ordinance, thereby allowing consumption of alcohol in Lowell Park without a permit, until March 31, 2022. All in favor. STAFF REPORTS Public Works Director Sanders stated that South Twin Lake and Lily Lake are being de-listed from the MPCA’s impaired waters list. Councilmember Odebrecht credited the City’s thoughtful approach to development for the de-listing of South Twin Lake. Mr. Sanders added that work is progressing on the riverbank stabilization project and construction of the three overlooks will start this week. Councilmembers Polehna and Junker complimented Mr. Sanders and Public Works staff on helping with the City Christmas tree and other holiday decorating projects downtown. Police Chief Mueller reported the following: an officer had a large drug seizure recently; the Department just completed a body-worn camera audit; there has been an increase in scams, frauds, and thefts from vehicles. He encouraged anyone seeing something suspicious to call 911. The increase in mental health-related and substance abuse calls continues. Emergency management training for staff will be held in January. City Council Meeting December 7, 2021 Page 3 of 13 Councilmember Polehna and Mayor Kozlowski suggested holding community training sessions on theft prevention. Fire Chief Glaser stated the end of the year has been very busy. He cautioned that the ice is not yet thick. Staff is preparing for upcoming special events. The Department will celebrate its 150th anniversary in 2022. He recognized Firefighter Bernie Peltier’s 90th birthday. Community Development Director Gladhill stated the Chestnut Street Plaza project is progressing. The demand for code enforcement is increasing. Kudos to Zoning Administrator Tait for his work. The December 21 EDA meeting has been cancelled. City Clerk Wolf stated the redistricting process has started. Maintenance of the public portal on the City website is complete and it will be back online soon. City Administrator McCarty stated that Administrator interviews will be conducted January 21 & 22. The King Plant advisory group will have its final meeting next week and a report will be provided. He informed the Council of the legislative breakfast December 17. OSHA vaccine rules are on hold. He provided a post-employment benefit update, saying the City’s financial liability has been reduced by half. IT Manager Holman shared project updates. Cyber security risk assessment and tests will start next year. There may be some grants available for cyber security. Library Director Troendle shared info about upcoming library programs. He reported that the Library Board approved a plan to maximize public use of the event space, but to limit rental of the terrace to library-affiliated organizations and no private social events will be allowed at the library. RECESS Mayor Kozlowski recessed the meeting at 6:00 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf City Planner Wittman Community Development Director Gladhill 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. City Council Meeting December 7, 2021 Page 4 of 13 RECOGNITIONS OR PRESENTATIONS Community Kitchen Service Award Mayor Kozlowski recognized Our Community Kitchen for for volunteering thousands of hours serving weekly meals for 10 years at Ascension Episcopal Church. Proclamation – Stillwater Area High School Mountain Bike Team Mayor Kozlowski lauded the Stillwater Area High School Mountain Bike Team on winning the State Championship in 2017, 2018, 2019, and 2021 and declared December 8, 2021 “SAHS Mountain Bike Team Day.” Proclamation – Stillwater Area High School Girls Soccer Team Mayor Kozlowski commended the Stillwater Area High School Girls Soccer Team for winning the 2021 AAA Minnesota State High School League State Soccer Championship and declared December 9, 2021 “SAHS Girls Soccer Team Day.” Waste Management Service Award Mayor Kozlowski recognized Waste Management employees Steve Frank and Leevan Adams for assisting a non-verbal seven year old boy and getting him to safety. OPEN FORUM Louise Hansen, 212 N Second St, commented that downtown looks beautiful. CONSENT AGENDA November 9, 2021 regular and closed session meeting minutes November 16, 2021 regular session meeting minutes Payment of Bills Resolution 2021‐164, Adopting Delinquent Sewer Charges L.I. Project No. 0001 Resolution 2021‐165, Adopting Delinquent Solid Waste Charges L.I. Project No. 0002 Resolution 2021‐166, Adopting Delinquent Water Charges L.I. Project No. 0003 Resolution 2021‐167, Approve Drainage & Utility Easement for the Town of St. Joseph La Carreta New On-Sale with Sunday Sales Liquor License Resolution 2021‐168, Resolution Approving Renewals of Liquor Licenses for 2022 Resolution 2021‐169, Approving 2022 Agreement for Employee Assistance Services Through Sand Creek EAP, LLP Sanitary Sewer Adjustments Resolution 2021‐170, Resolution Authorizing Execution of a Development Agreement, Stormwater Maintenance Agreement, Tax Increment Financing Development Agreement and Approving the Assignment of Tax Increment Financing Documents and Estoppel Certificate, Case No. 2020-60 Resolution 2021‐171, Resolution Authorizing Executive of an Assessment Agreement for the Collection of a Parking Mitigation Fee for 200 Chestnut Apartments, Case No. 2020-60 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. City Council Meeting December 7, 2021 Page 5 of 13 PUBLIC HEARINGS Case No. 2021‐64 Zoning Text Amendment to modify the fence code regulations Mayor Kozlowski announced this case will be postponed to a future meeting. Case No. 2021‐66 Request by Miray and Tom Coleman to appeal CPC Case 2021-57 on the Planning Commission’s approval of a Conditional Use Permit for outside storage and denial of a Variance to the City’s Tree and Forest Protection Requirements for property located at 1749 Greeley St S in the BP-I district. City Planner Wittman explained the case. Stillwater Towing purc hased the property at 1749 Greeley Street South and would like to move its business operations, including outside storage for an impound lot, to this site. Planned site alterations include tree and vegetation removal and driveway, parking and storage yard reconstruction and expansion. Though not contemplated at this time, the business may expand its operations in the future to include auto repair, a permitted use in this Zoning District. She reviewed the site plan and a new tree plan received on Friday, indicating that tree removal would not occur within 125 feet of the wetland or within 300 feet of the adjacent residential properties. On October 27, 2021 the Planning Commission held a public hearing where a question was raised regarding whether or not this use was permissible in the Business Park – Industrial zoning district. Staff noted impounded vehicles are temporary in nature and might be considered as outdoor storage. Public testimony, mostly in opposition, centered around the impact the development would have on natural resources (tree removal, habitat loss, runoff, stormwater pollution, and light/noise pollution). Several commissioners noted they understood the business expansion needs, but had concern over t ree loss. In a 6-1 vote, with Odebrecht dissenting, the Planning Commission voted in favor of the CUP, but denied the tree replacement variance request. Since the hearing and within the allotted appeal period, the City has received several appeal letters from groups and individuals citing environmental concerns, potential business operation creep, business incompatibility with the nearby neighborhood, and property value concerns. Through t heir attorney, Cameron R. Kelly, Lommen Abdo P.A., Stillwater Towing requests the Council uphold the Planning Commission decision to approve the Use Permit. Just prior to the release of the agenda packet, the applicant submitted an updated narrative indicating they can comply with the City’s tree and forest protection requirements and that, if the City were amenable, they would install a 10’ barrier along the storage area. Councilmember Junker inquired about review by the Middle St. Croix Watershed; and Ms. Wittman responded that the Middle St. Croix Watershed Management Organization (MSCWMO) is not a permitting authority, but a review authority. The City is the permitting organization. The MSCWMO has reviewed the proposal and determined that with certain conditions the plan meets their requirements. Mayor Kozlowski asked if this business type is neither expressly allowed nor prohibited in this district; and Ms. Wittman replied that, according to the use table, auto sales, service, and storage are outright prohibited. Auto repair and services are outright permitted. Outside storage is conditionally permitted. Mayor Kozlowski pointed out when staff makes a recommendation it is based on law and code, rather than being considered to be the City’s desire. He opened the public hearing. City Council Meeting December 7, 2021 Page 6 of 13 Jo Poshek, 1302 South Everett St, on Brick Pond, which drains into Lily Lake, voiced concerns about fluids from abandoned and wrecked vehicles contaminating the groundwater. The tree removal will cause more runoff going into Brick Pond which is a filter pond to help keep Lily Lake clean. There also will be visual and noise impacts to the neighborhood. Joanna Schnedler, 814 Rainbow Ct, pointed out if conditions are not met appropriately by the property owner, the CUP could be revoked, but that would only be after the expansion and removal of trees have already negatively affected nearby properties. The site is far closer to residences than described in paperwork. She provided photos showing the distance from her deck to the property which is right next to her kitchen window. She realizes Stillwater Towing is a longstanding and essential service, but this is not the right property for this type of business. Patrick Poshek, 1302 Everett St S, asked if there are measures in place on this property to prevent runoff that happens in a superstorm. He is concerned with antifreeze, transmission fluid, oil, and gasoline runoff. Max Johnson, 805 Rainbow Ct, stated tree removal will displace much of the wildlife which has already started moving into his backyard. He also voiced concern that housing several cars in one area could attract crime and theft of auto parts. Patrick Pudlik, 810 Rainbow Ct, told the Council that the property was clear cut last year. He does not want to see security lighting, flashing lights and noise. Tom Coleman, 809 Everett Dr, stated that he heard a lot of construction noise a year and a half ago on the property and that most of the trees have already been removed. The zoning code has not kept up with the City. He feels the Council must think proactively, not reactively, about how to use the City’s assets to improve the quality of life. He asked who will assume the liability for the loss of property value. He feels the business negatively impacts the neighborhood and does not fit in the City of Stillwater. He recommended the Council consider other uses for the property. Karen Hulstrand, 1204 Everett St S, on Brick Pond, expressed concern for water quality, saying that to grade, add pavement and remove trees is the opposite of everything being done to improve Lily Lake. The proposal would devalue the neighborhood and should be denied. Gary Summerville, 815 Everett Dr, on Brick Pond, stated that an apartment building constructed across Brick Pond from him several years ago caused significant runoff into Brick Pond and actually created an island. Brick Pond was denigrated and nobody was held accountable. The City must be willing to hold people accountable for the damage they do. Cameron Kelly, attorney, representing RMR of Stillwater, Rick and Michelle Ritzer, stated the application is for a CUP; the application for the tree variance was withdrawn. Outside storage is allowed in the BP-I district. The business has been here for 40 years on its old site, coexisting with neighbors who live within 30-50 feet of the business with no noise complaints from any neighbors. The new site is in the most intense zone in the City and the proposed use is permitted under code. The business is well run, clean, quiet, and a good neighbor. The new site will be much safer because it is at the stop light and is set up in a way that trucks can turn around in the lot. The residents heard from tonight are 6-10 times City Council Meeting December 7, 2021 Page 7 of 13 further away from the operation than neighbors of the current operation. It is not true that most of the trees have been removed. Every tree on the lot was inspected and tagged. In order to tag the trees, the owner removed the understory, which will grow back quickly and provide additional screening. There are 265 trees on the property and 35% (93 trees) may be removed without permission. According to the plan, approximately 97 trees would need to be removed. Of those 97, the owner thinks he can save four to meet the code. He intends to plant more trees in the SE corner of the lot and to fully screen the impound lot with an 8- 10’ fence or a solid wall. Additional vegetation will obscure the wall from view; vehicles are not tall enough to be seen over a 10’ fence. Lighting will be cut off at the property line. He has considered using some sort of insulation to dampen the noise. The code states outside storage is allowed by CUP. This district is the best place in the City for this type of use. There are six or more auto repair services within 1000 feet of this lot - each has auto storage outside, none are screened. Councilmember Junker asked for clarification on the terms storage lot and impound lot. He asked how many parking spaces are in the enclosed area; and Mr. Kelly stated that an impound lot is storage with restricted access. The timeline depends on the vehicle and purpose for which it was taken. It is a 2.1 acre parking surface on a 5.2 acre lot. Rick Ritzer, applicant, stated the number of parking spaces depends on the size of the cars. The lot will be large enough to drive in and unload cars without moving other cars, which he cannot do at his present site. He explained that he brings vehicles in after accidents, abandoned cars, illegally parked cars, and that state law requires various holding times. He has another storage lot off Stagecoach Trail eight miles away, where he takes cars out of his lot and then the junkyard picks them up down there in bulk. Councilmember Collins asked why Mr. Ritzer does not maximize use of the other lot off Stagecoach instead of moving to the proposed site; and Mr. Ritzer stated a Stillwater site is more central because he serves a 20-mile radius north and south, as well as 10 miles into Wisconsin, and 15 miles to the west. His other lot is a totally different business. Mr. Kelly added that Mr. Ritzer does no parting and no salvage; it is not a junkyard. Councilmember Collins asked if Mr. Ritzer does any sales; and Mr. Ritzer replied he sells 20- 30 cars per year. He is willing to give that up and send them to auction because it is not a revenue generator, just a way to get rid of cars. He outgrew his present location 20 years ago and wants to stay in Stillwater. There are no other properties in Stillwater to do this. Regarding fluids, there are 8 tanks being put in under the pavement and everything will run into them except for a small holding area in the front yard. Ev ery three years the tank system will be pumped out. The cars are cleaned at the scene and when they come in. His lot is spotless. Public Works Director Sanders added that it will be an underground storage system that holds water that infiltrates into the ground. If the tanks do not hold the water they will overflow into a storm sewer system that goes down into Brick Pond. Rain gardens are being put in to help capture runoff, meeting the requirement for the watershed and the City for volume control and rate of flow. The property owner is responsible for maintaining everything on his property. The City has an illicit discharge ordinance holding the property owner responsible for whatever drains into the City stormwater system. City Council Meeting December 7, 2021 Page 8 of 13 Councilmember Polehna asked if the City could require the applicant to put in an oil separation system; and Mr. Sanders replied staff could look into that. John Schnedler, 814 Rainbow Ct, thanked the applicant for answering questions and concerns. He feels it is a need versus want situation. With the storage area the applicant owns on Stagecoach, the proposed location as it is now, and the old site, he has more than enough space, but does not want to use it. Mr. Ritzer answered that his site on Stagecoach is not big enough and is not an impound lot. He has a small fenced area there for large vehicles only, but all cars are on gravel outside so it cannot be used for police-confiscated cars which must be secured. Mr. Coleman reiterated that most of the trees were already removed so the remaining trees represent a small fraction of what was there originally. Second, the Council must take into account the negative impact on property values which outweighs any economic value of having the business there. He feels the applicant is asking the City and the other property owners to assume the negative value. Norma Wilson, 804 Harriet Dr, stated if auto sales are prohibited, then why would the applicant be allowed to sell any cars? When the understory grows back, residents will see understory, but also the wall. She would rather look at an urban forest. Pam Pudlik, 810 Rainbow Ct, stated there is nothing that will hide the business including the wall. Light refracts off cars and it will be an eyesore. There are many other possible locations for the business in Stillwater. Lou Ann Marsden, 806 Everett Dr, suggested it would be more feasible for the applicant to fence in the property he owns on Stagecoach and add security so he could expand that site instead of this proposal. Mike Lyner, 1031 Abbott St W, president of Friends of Lily Lake, stated the main fear is harming Lily Lake, now that it has finally been taken off the impaired waters list. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated the residents must understand the questi on is whether storing cars outdoors is permitted or not per the zoning code. There are lots of allowed uses that would be far more intrusive than this proposal. It does not make a lot of sense having the City’s most intense zone abutting a residential neighborhood, but that is a different issue. Environmental impacts of this new project are probably beneficial to Stillwater compared to the current lot, and the new site would be safer for trucks backing up. Councilmember Odebrecht noted that the residents live adjacent to an industrial zone. There is a process with the City to address whether that is the best use of the land, but the Council cannot do that tonight, its job is to apply the present codes to this application. He voted no at the Planning Commission meeting because he felt the use was not permitted. He knows the owner runs a good business, but a CUP travels with the land and a future owner may not be as responsible. Councilmember Junker pointed out the property was used by a trucking company since the 1940s. Mr. Ritzer runs a clean business. This site will look better than before, and will be an asset on Greeley St. City Council Meeting December 7, 2021 Page 9 of 13 Councilmember Collins agreed with the concern that a CUP runs with the property forever. He feels this is auto storage and is not permitted in the district. Councilmember Polehna agreed the applicant runs a good business and the new site is safer. He is fully in favor of moving the business there, but does not think vehicles should be stored there. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to uphold the appeal from the adjacent property owners and overturn the Planning Commission’s decision. City Attorney Land stated that findings for denial must be stated for the record. Ms. Wittman recapped that the Council has found that auto sales, service and storage is not permitted in this zoning district and therefore it is not consistent with the use permit provisions. She pointed out the code does not make a distinction between indoor and outdoor storage. Mayor Kozlowski asked what is the difference in the code language, between auto service and auto repair; and Ms. Land replied that is one reason this is before the Council: there is ambiguity and inconsistency in the code and that is why the Council must make a policy- level decision about exterior auto storage. Mayor Kozlowski noted the Council will need to look at how this clarification impacts the rest of the district. Councilmember Odebrecht withdrew the motion. Community Development Director Gladhill pointed out if additional clarification is sought, staff would probably need until the January 4 meeting. Mayor Kozlowski suggested that staff look at clarifying language and strengthening recommended conditions of approval before January 4. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to table Case No. 2021‐66, request by Miray and Tom Coleman to appeal CPC Case 2021-57 on the Planning Commission’s approval of a Conditional Use Permit for outside storage and denial of a Variance to the City’s Tree and Forest Protection Requirements for property located at 1749 Greeley St S, to the January 4 City Council meeting. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Water Street Inn Request for Ice Skating Rink in Parking Lot 4 and Liquor License Premise Amendment City Clerk Wolf informed the Council that Chuck Dougherty, Water Street Inn, submitted an event application for a 40’ x 116’ ice rink in Parking Lot #4 from January 8-March 20. The rink will be used for events including Pond Hockey, St. Croix Curling, Winterfest and Fire & Ice, and also for public skating. The event organizer is proposing to pay for installation, upkeep, all insurance coverage, public bathrooms (in the hotel), use of the ballroom area for warming space and team meeting area, and use of heaters on their outside patio. They are City Council Meeting December 7, 2021 Page 10 of 13 requesting that the City approve the use of Lot #4, use of City hydrants for the first two floodings, City removal of the snow piles from outside of rink as needed, and waive all City fees associated with this request. The Downtown Parking Commission recommended that the City Council waive fees this year for the ice rink for the reservation of Lot 4, in recognition of the ice rink being a community amenity. Staff recommends closing the ice rink by February 28, 2022, the same time as other City ice rinks and allow event organizers to use the following week to take down the ice rink to open up the lot for parking. The event organizer has requested to service alcohol in the City Parking Lot. Water Street Inn’s on-sale liquor license could be amended. Motion by Councilmember Polehna, seconded by Councilmember Collins, to to approve the special event agreement, waive the event fee and City fees for use of Lot 4 and adopt Resolution 2021‐172, Resolution Approving an Amendment to Liquor License for Temporary Outdoor License Premise. All in favor. St. Croix Sauna Request in Parking Lot 4 Ms. Wolf stated that Jeff Freitag and Mike Murry, the owners of St. Croix Sauna, LLC., submitted a special event application to install a mobile sauna in Parking Lot #4 from December 1, 2021 through May 16, 2022. The sauna would be staffed by an attendant at all times and available for groups to rent. The request is to use four parking stalls in the northeast corner of Lot 4. Since this appears to be a for-profit endeavor, staff recommends that the mobile sauna not be located on City property, but rather on private property. The Downtown Parking Commission recommended approval of the use of Lot 4 for the mobile sauna only if Lot 4 is closed, with the exact location of the sauna to be determined by Public Works staff, and with the end date to coincide with the removal of the ice rink. Councilmember Junker noted the Council has been struggling with private business use of City parking lots and street parking, and needs to have more discussion on the topic. The applicant responded that the sauna would fit perfectly with all the existing activities. He would pay for the parking spaces, providing City revenue, and would also donate a certain amount per person for the Wintertime in Stillwater campaign. He has talked with the Chamber about giving free saunas to the World Snow Sculpting Championship participants. The sauna does not compete with any other local businesses. Mayor Kozlowski noted it is not about the applicant or the business, but the Council must spend more time studying the private use of public spaces. He recommended they find a private lot to place the sauna. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to deny a request by St. Croix Sauna for a special event permit to install a mobile sauna in Parking Lot #4. All in favor. Zephyr Theatre Ice Maze and Liquor License Premise Amendment Community Development Director Gladhill explained that the Zephyr Theater has applied for permission to host an ice maze palace in their parking lot from January 14 through February 28, 2022 (weather permitting). The palace is made up of more than 2,000 blocks of ice, weighing over 500,000 pounds, and containing a half mile of twisty passages and a 30-foot slide. Since the event will be held entirely on private property, a special event permit City Council Meeting December 7, 2021 Page 11 of 13 is not necessary. However, the City Council may approve a “one time” event not occurring on a regular basis without going through the entire Special Use Permit process. The Council is asked to review and approve or deny the Ice Palace Maze event for 2022. This event took place last year in the same location with no negative incidents. Councilmember Junker asked if there are events going on inside the Zephyr Theatre during the timeframe that would pose a need for parking; and Calyssa Hall, Director of Zephyr Theatre, stated they are not planning on any indoor events during January and February, but delivery of the ice will begin right after Christmas with one more week of a show. They could ask cast members to park down the street and shuttle them over to alleviate any parking shortage. Councilmember Odebrecht complimented the Zephyr Theatre on its continuing willingness to work with residents and the City. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to approve the special event permit and adopt Resolution 2021‐173, Resolution Approving Amendment to Liquor License for Temporary Outdoor License Premise. All in favor. Truth in Taxation Presentation for 2022 Budget & Tax Levy Mr. McCarthy presented the proposed 2022 budget and tax levy. The final 2022 City levy is proposed to be +6.52% over the 2021 Levy. As a result of increases in property values and taxable tax capacity, the proposed Final 2022 Budget and Levy results in the lowest City tax rate in the past decade. Finance Director Provos reviewed the 2022 budget impacts, proposed operating revenues and expenditures, property tax rates and impacts. Staff recommends the Council adopt resolutions adopting the final tax levy of $15.9 million and adopting the final budget appropriations totaling $21.1 million for 2022. There were no public comments. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2021‐174, Adopting the Final Tax Levy for the Payable Year 2022, and to adopt Resolution 2021‐175, Adopting the Final Budget Appropriations for the Year 2022. All in favor. Lora Hotel/Event Center Request for Waiver of Outdoor Amplification Noise Ordinance Mayor Kozlowski noted that the applicant requested this item be pulled from the agenda. Sustainable Stillwater MPCA Grant Request to Complete a Climate Action Plan Community Development Director Gladhill reported that in mid-November, staff was approached by Sustainable Stillwater about a grant opportunity through the Minnesota Pollution Control Agency (MPCA) to help create a Climate Action Plan. A proposal from paleBLUEdot has been received. Staff has concern about available staff resources to manage and participate in the process. He recognized that Sustainable Stillwater did a great job of preparing a solid, detailed proposal and the City is excited to be working with the group, however the City may want to look at adding staff with an environmental focus. Linda Countryman, GreenStep Cities, provided an overview of the grant. She shared information about paleBLUEdot, the company which submitted the proposal to help create City Council Meeting December 7, 2021 Page 12 of 13 a climate action plan. She explained the elements of a climate action plan and its benefits. Sustainable Stillwater and paleBLUEdot would do most of the work to coordinate the grant application. If awarded, as partners with the City, they would facilitate a collaborative community process. The grant is a $30,000 grant opportunity, with $7,500 cash requirement from the City. She reviewed the proposal by Sustainable Stillwater and what the City’s commitment would be in terms of staff time (300-350 hours) and cost ($7,500). Mayor Kozlowski voiced appreciation for Sustainable Stillwater. His concern is not the $7,500, but staff hours especially considering new and retiring staff. He realized that other cities doing a climate action plan have the benefit of having an energy and environment commission, a conservation and sustainability fund, and a sustainability coordinator on staff before they did their plan. Mr. Gladhill added that the grant is available every two years. If the City did a plan on its own, it would cost about $70,000, so the grant presents a unique opportunity. Councilmember Odebrecht pointed out that the Council tends to look at strategic plan items in the June/July timeframe. With the grant application deadline coming so soon, the City would have to pull 2-3 things off a list in order to accomplish the climate action plan. Councilmember Polehna stated he is concerned that the City keeps pushing other things back for years at a time such as the sign ordinance and a renta l ordinance to protect renters. Roger Tomten, Sustainable Stillwater, stated the group could come back with more info. Ted Redman paleBLUEdot, via Zoom, stated the intent would be to try to make it as easy as possible for the City. The hours included were a conservatively high estimate. There are ways of reducing the amount of time needed from City staff. Mr. Gladhill commented that rather than rushing to meet a grant deadline, if the City did a climate action plan without the grant, it could be budgeted for 2023, or wait two years from now to apply for the grant. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 10:29 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2021‐164, Adopting Delinquent Sewer Charges L.I. Project No. 0001 Resolution 2021‐165, Adopting Delinquent Solid Waste Charges L.I. Project No. 0002 Resolution 2021‐166, Adopting Delinquent Water Charges L.I. Project No. 0003 City Council Meeting December 7, 2021 Page 13 of 13 Resolution 2021‐167, Approve Drainage & Utility Easement for the Town of St. Joseph Resolution 2021‐168, Resolution Approving Renewals of Liquor Licenses for 2022 Resolution 2021‐169, Approving 2022 Agreement for Employee Assistance Services Through Sand Creek EAP, LLP Resolution 2021‐170, Resolution Authorizing Execution of a Development Agreement, Stormwater Maintenance Agreement, Tax Increment Financing Development Agreement and Approving the Assignment of Tax Increment Financing Documents and Estoppel Certificate, Case No. 2020-60 Resolution 2021‐171, Resolution Authorizing Executive of an Assessment Agreement for the Collection of a Parking Mitigation Fee for 200 Chestnut Apartments, Case No. 2020-60 Resolution 2021‐172, Resolution Approving an Amendment to Liquor License for Temporary Outdoor License Premise Resolution 2021‐173, Resolution Approving Amendment to Liquor License for Temporary Outdoor License Premise Resolution 2021‐174, Adopting the Final Tax Levy for the Payable Year 2022 Resolution 2021‐175, Adopting the Final Budget Appropriations for the Year 2022 Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 1,901.10 Ace Hardware Supplies 182.65 Action Rental Inc. Equipment Rental 727.11 Advance Auto Parts Supplies 72.76 AMI Consulting Engineers PA Riverbank Stabilization 9,180.00 Arrow Sports Group Concession supplies 260.06 Aspen Mills Uniforms 1,851.99 Astleford International Equipment repair supplies 67.79 AT&T Mobility Wireless card for locator 84.73 AutoNation Equipment repair supplies 95.38 Baker Tilly Municipal Advisors Issuance fees 20,057.00 Batteries Plus Bulbs Batteries 36.73 Becker Fire Safety Services LLC Annual Fire Extinguisher Services 1,138.15 BlueCross BlueShield of MN Inc. Retiree Health Insurance 13,339.50 Buberl Black Dirt Inc. Bergmann ice rink black dirt 315.00 Canteen Refreshment Services Concession supplies 682.24 Capras Utilities Watermain repairs 4,270.00 CDW Government Inc. Wireless access points & other supplies 6,703.32 Cintas Corporation Uniform & mat cleaning service 932.53 Coca-Cola Distribution Beverages for concessions 1,093.10 Comcast Internet & Cable TV 159.14 Core & Main Hydrant repair 13,141.02 Crime Stoppers of MN 2022 Law Enforcement Partnership Program 200.00 Dalco Field supplies 306.47 ECM Publishers Public hearing publications 123.50 Enterprise FM Trust Lease vehicles 9,805.45 Eskierka Susan Escrow Refund CPC 2021-28 541.01 Fleischhaker Dave Reimburse for work boots 200.00 Flexible Pipe Tool Co. Clean lens and test 135.00 FlowMSP Three Year License Fee 4,500.00 Goodyear Commercial Tire Tires 556.53 Grainger Supplies 27.51 Guardian Supply Uniforms 574.92 Hawkins Inc Chemicals 2,937.57 Hildi Inc Actuarial valuation 9,600.00 IACP Membership 190.00 Jahnke Brian Reimburse for work boots 200.00 Jaytech Inc Chemicals 1,408.86 Kelly & Lemmons PA Prosecution 8,150.00 K-Tech Specialty Coatings Beet Heet Concentrate 847.64 Leadership Growth Group LLC 2022 Leadership Growth Group Series 703.98 Lincoln National Life Insurance Co COBRA Life Insurance 3.60 Linde Gas & Equipment Cylinders 60.85 Loffler Companies Switches Host Server and Firewall 36,288.38 Lynn Peavy Company Supplies 124.49 Page 2 Madden Galanter Hansen LLP Labor Relations Services 328.53 Marshall Electric Company Electrical service 4,405.00 Menards Supplies 1,201.56 Miller Excavating Watermain repairs 15,760.71 Mino Amy Technology Reimbursement 500.00 MN Dept of Health Drinking Water Water Connection Fee 14,750.00 MN State Fire Chiefs Assn Membership 280.00 Modern Heating & Air Replace stat in pump house 2,284.74 Municipal Emergency Services Structural gloves 164.53 Municode Code pages 1,063.00 NAPA Auto Parts Equipment repair supplies 26.00 Nesco LLC Equipment repair supplies 33.00 Norby Vanessa Reimburse for mileage 24.08 Norcuitt Homes Inc Grading Escrow Refund 3,000.00 Northern Tool Equipment repair supplies 74.96 Nuss Truck & Equipment Equipment repair supplies 310.67 Oevering Homes Grading Escrow Refund 3,000.00 Olson Cindy L Partial transcript court hearing testimony 110.50 Pepsi Beverages Company Beverages for concessions 799.13 Per Mar Security Services Quarterly Monitoring Service 774.50 Performance Plus LLC Medical examinations 8,027.00 Pro-Tec Design Parking ramp camera replacements 13,432.89 Quill Corporation Office supplies 312.16 Radke Daniel Reimburse for Work Boots 200.00 Riedell Shoes Inc. Skates 262.92 Ries Farms LLC Yard waste disposal 2,658.16 RJR Studio Wildlife Art Printing 1,275.00 Ruud Cole Work Boot Reimbursement 200.00 Safe Fast Inc Supplies 239.52 SEH Inc 2022 Street Project 12,347.29 Sherwin Williams Supplies 45.72 Shilts Cindy Reimbursement 161.34 Simplifile LC Filing fees 351.75 Sirotiak Lauren Reimburse for work boots 160.00 SiteOne Landscape Supply Supplies 49.54 Springbrook Software Monthly UB web payments 530.00 Stillwater Fire Relief Assoc Online auction sold fire truck 1,581.00 Stillwater Glass Inc. Aiple broken window 351.42 Summit Companies Annual Sprinkler Inspection 375.00 Sunram Construction Riverbank stabilization 520,073.75 Symbol Arts 150th Anniversary Coin Minnesota 1,830.25 Tessman Seed Co. St. Paul Ice melt 459.50 TimeMark Inc. Gamma traffic recorder 1,328.87 TKDA Tower Dr Water Tower Inspection 786.91 Tri-State Bobcat Equipment repair supplies & rental 3,983.70 Twin Cities Dots & Pop Treats for concessions 702.00 Uline Inc Supplies 1,669.24 Page 3 Vinco Inc Lift Station Improvements 147,900.00 Voyant Communications Phone 534.49 Waldron Compnay Recreation Center 5,025.00 Water Conservation Services Inc Leak locates 951.76 Xcel Energy Street light 2,734.50 LIBRARY Ace Hardware Janitorial Supplies 194.80 Amazon Business Supplies 1,212.34 Amdahl Locksmith Inc Chris Locksmith 134.50 Baker and Taylor Materials 21.83 Blackstone Audio Materials 422.97 Brodart Co Materials 4,895.11 CDW Government Inc. CISCO 584.97 Comcast Internet 188.10 Demco Inc. Supplies 346.80 Info USA Marketing Inc. Materials 620.00 Madden Galanter Hansen LLP Labor Attorney 36.00 Master Mechanical Inc. Boiler 3/RTU 2 Repairs 1,464.70 Midwest Tape Materials 1,017.42 MN Dept of Labor and Industry Elevator Operating Permit 200.00 Office of MN IT Services Telephone 148.35 One23 Events LLC Event Management Fees 2,881.00 Rose Floral Terrace Pots 60.00 Serendipity Art & Design Programs 125.00 Uline Inc Janitorial Supplies 789.82 White Bear Center for the Arts Programs 375.00 World Book Inc Materials 379.00 NOVEMBER MANUALS Blue Cross and Blue Shield of MN Retiree Health Insurance 27,926.26 Lincoln National Life Insurance Co COBRA Life Insurance 3.60 Lone Oak Companies Inc UB Postage 2,756.04 Metro Sound & Lighting Meeting Room Sound System 24,756.07 Xcel Energy Energy 42,439.26 City of Stillwater Washington County, Minnesota RESOLUTION 2021-XXX RESOLUTION ACCEPTING CASH DONATIONS 2021 WHEREAS, the City of Stillwater has received the following donations and designations in 2021: Sota Clothing – Fireworks - $250.00 River Jeans – Fireworks - $200.00 St. Croix Boat and Packet – Fireworks - $500.00 Rivertown Transportation Stillwater – Fireworks - $250.00 Beach Blanket Bingo – Fireworks - $1,500.00 Stillwater Art Guild Gallery – Fireworks - $150.00 Kraemer North America – Fireworks - $1,000.00 Kathe Wohlfahrt – Fireworks - $500.00 Flattop dba Leo’s Grill & Malt Shop – Fireworks - $500.00 RBC Capital Markets – Fireworks - $1,000.00 Lift & Loop Margaret Rivers – Fireworks - $5,000.00 HealthPartners dba Lakeview – Fireworks - $5,000.00 St. Croix Valley Foundation – Helen Lawson Fund - $10,139.00 Erik Skon – Parks - $88.80 Gwendolyn Marty – Parks - $1,521.00 Francis Rheinberger – Parks - $1,521.00 Paul Williams – Parks - $1,521.00 Karen Marchetti – Parks - $1,521.00 Julie Londino-Green – Parks - $1,521.00 Ryan Collier – Parks - $65.00 Adrienne Smith – Parks - $1,500.00 David Hanson Stillwater Pickle Ball – Parks - $1,500.00 Sharon Koch – Parks - $1,500.00 Carol Ricci – Parks - $350.00 Gail Lewis – Parks - $1,500.00 Kimberly Suedmeyer – Parks - $350.00 Ben Stark – Parks - $1,500.00 Michele Hein – Parks - $1,500.00 Heather Sawdey – Parks - $1,500.00 Tommie Brass – Parks - $350.00 Brad Wheeler – Parks - $1,500.00 Carol Ricci – Parks - $350.00 Mark Campbell – Parks - $1,000.00 James Krueger – Parks - $1,521.00 Margaret & Thomas Thron - $1,500.00 Timothy Pavers & Amy Jaynes – Parks - $100.00 Michael Kelley – Parks - $1,500.00 Freels – Lumberjack Landing Aiple Donation - $800,000.00 Friends of Police – Cash - $5.00 Friends of Police – George & Joanne Fibison - $10.00 Friends of Police – Ralph Steiner - $100.00 Friends of Police – JC Squared, LLC - $100.00 Friends of Police – Northland Chiropractic Clinic - $75.00 Friends of Police – Stillwater Motors - $500.00 Friends of Police – Lake Elmo Bank - $50.00 Friends of Police – Kathryn Casey - $100.00 Friends of Police – Cash - $100.00 Friends of Police – Raymond & Donna Lundgren - $50.00 Friends of Fire – Larry & Carol Tosseth - $30.00 Friends of Fire – Firefighters Relief Fund - $400.00 Friends of Fire – Hamre Designs, LLC - $75.00 Friends of Fire – Leslie Tonyan - $50.00 Friends of Fire – Paul, Stu & Sharon Utech - $350.00 Friends of Fire – Paragon Pool & Patio - $300.00 Friends of Fire – William & Sydney Murphy - $500.00 Friends of Fire – Stillwater Sunrise Rotary - $500.00 Friends of Fire – Margaret Rivers Fund - $3,000.00 Friends of Fire – Greeder, Hinds, Comfort - $500.00 Friends of Fire – American Legion Post #48 - $1,500.00 Friends of Fire – Gift - $100.00 Friends of Fire – Michel & Patsy Moby - $100.00 Friends of Fire – 10-9 Open House - $161.53 Friends of Fire – Leslie Tonyan - $50.00 Friends of Fire – VFW Post #323 Auxilliary - $1,000.00 Friends of Fire – Stillwater Elks Lodge #17 - $500.00 Heart Safe Community Program – Stangl - $50.00 Heart Safe Community Program – Stangl - $100.00 Heart Safe Community Program – City of Bayport - $40.00 Heart Safe Community Program – Michael & Leslie Tarnowski - $150.00 Heart Safe Community Program – Andersen Windows - $1,600.00 Heart Safe Community Program – Sara & Scott Sturgis - $50.00 Heart Safe Community Program – Amber & Jason Sundby - $50.00 Heart Safe Community Program – Steve & Sarah Zoller - $50.00 Heart Safe Community Program – Amie & Craig Casperson - $50.00 Heart Safe Community Program – Rodney & Jennifer Landers - $50.00 Heart Safe Community Program – Robert & Lisa Stoner - $50.00 Heart Safe Community Program – Robert & Lisa Stoner - $50.00 Heart Safe Community Program – Cash - $20.00 Heart Safe Community Program – Washington County - $2,900.00; and WHEREAS, Minnesota Statutes §465.03 requires donations to be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the above donations and the designation of funds. Adopted by the Stillwater City Council this 21st day of December, 2021. CITY OF STILLWATER ________________________________ Ted Kozlowski, Mayor ATTEST: _________________________ Beth Wolf, City Clerk MEMO TO: City Council MEETING DATE: December 21, 2021 TOPIC: BierCycle On-Street Parking Stall Reservation Request REPORT BY: Tim Gladhill, Community Development Director SPECIFIC REQUEST Pat Wolf, representing Wolf Brewing/BierCycle, is requesting renewal of the approval to operate BierCycle in Downtown Stillwater during the summer of 2022. The request involves reservation of one parking stall on Water Street on weekends during the summer. ANALYSIS This request has been approved on a number of occasions in years past. Other than 2020, when parking stall reservation fees were waived, the fee to reserve this space has been the standard $3/stall/day for a total of $606/year. RECOMMENDATION The Downto wn Parking Commissions recommends approval consistent with past years’ approvals. The Applicant is aware of the $606 fee. Attachments: Resolution Email Request Map cc: Pat Wolf City of Stillwater Washington County, Minnesota RESOLUTION NO. 2021 - RESOLUTION GRANTING LICENSE TO PATRICIA WOLF FOR THE OPERATION OF MULTI-PERSON CYCLE TOURS ON CITY STREETS IN 2022 AND RESCINDING RESOLUTION 2021-003 WHEREAS, Patricia Wolf has made a request to renew her license to operate BierCycle Adventures, a multiple-person tour cycle, on City roadways downtown; and WHEREAS, the City Council of the City of Stillwater approved Resolution 2021-003 on January 5, 2021 for a license to operate the tour cycle business in 2021; and WHEREAS, the business will operate in substantially the same manner in 2022. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants license to Patricia Wolf to operate multi-person cycle tours on City roadways subject to the following conditions: 1. Upon review and approval of the license request by the Police Department and the Public Works Department, the City Clerk is authorized to issue a license to Patricia Wolf for the multiple-person tour cycle business. 2. Patricia Wolf may operate one multiple-person tour cycle in Stillwater. An increase in the number of cycles will require an amendment to this Resolution of Approval. 3. A license must be applied for annually from the City Clerk. The license is valid through December 31 of the year issued. 4. No license will be issued or renewed without proof of general liability insurance in the minimum amount of $1,500,000 per occurrence. 5. Operating restrictions and conditions: a. No multiple-purpose tour cycle may be operated upon a public sidewalk. b. No multiple-purpose tour cycle may use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area. c. Public safety is paramount in the operation of any multiple-purpose tour cycle. Consequently, each multiple-purpose tour cycle must be equipped with the following: i. Front and rear turn signals ii. Head lights iii. Tail lights iv. A hydraulic disc braking system v. An emergency brake in addition to a disc braking system vi. Any other equipment required to comply with applicable federal and state laws d. All multiple-purpose tour cycles are, at all reasonable times, subject to inspection by the City of Stillwater. e. Multiple-purpose tour cycle operators must have in their po ssession a valid driver's license while in control of any multiple-purpose tour cycle, and shall operate the tour cycle in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. f. Whenever alcohol is being served on a tour, the patrons who are legally allowed to drink alcoholic beverages must wear a colored wristband. g. All multiple-purpose tour cycle operators must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. h. The City reserves the right to alter or limit multi-purpose tour cycle operations to specified routes and streets if required for public safety reasons. i. If Sam Bloomer Way or Mulberry Point should be limited to pedestrian traffic only, the City reserves the right to eliminate the multi -person tour bikes access to these areas. j. The City reserves the right to require that any idle multi -purpose tour cycle be parked in a specified location while idle or waiting for customers. k. Upon receipt of any serious substantiated complaints, as determined to be serious and substantiated by the City Administrator, the license will be placed on the next available City Council agenda for review. 6. During periods of flooding, the City uses Water Street as a staging area and therefore during these times the tours will not be allowed to operate from this location. 7. The rate for the reserved on-street parking space on Water Street is $3 per day. The fee for 2022 will be $606 for the entire season. This must be paid by April 30th. The rate is subject to review and possible increase by the City Council annually. Adopted by the Stillwater City Council this 21st day of December, 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 Tim Gladhill From:Pat Wolf Sent:Tuesday, December 14, 2021 9:26 AM To:Tim Gladhill Subject:FW: BierCycle Adventures license renewal for next year [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. _______________________________________________________________________________ -------- Original message -------- From: Pat Wolf Date: 12/14/21 9:21 AM (GMT-06:00) To: Tim Gladhill Subject: FW: BierCycle Adventures license renewal for next year Good Morning Tim, Happy Holidays! I opened a multi person pedal bike business called BierCycle Adventures in Stillwater in 2012 as a way to create a fun activity for locals and visitors to pedal around downtown Stillwater and hear about its history. Beer, wine and malted beverages are acceptable to be brought on board by guests. We provide a server/tour guide and a driver on each tour and have had no complaints since operating. I would like to renew my annual license to operate the business which also includes the parking space on Water Street. I am forwarding the email chain from my conversation with Bill Turnblad last year for your reference. I plan to operate the business the same way we have operated since 2012. Please review the information and if acceptable, include my request for renewal for 2022 on the City Council's agenda for approval. Bill has included it on the Consent Agenda for the past number of years. Tim, please let me know if you have any questions and which City Council meeting agenda the request will be included. Sometimes Bill would include it in the last meeting of the year or the first meeting of the new year. Appreciate, Pat Patricia A. Wolf, CPM, RPA Commercial Real Estate Services, Inc. St. Paul, MN. 55101 www.cres-inc.com BierCycle -Proposed Par king Location fmj Proposed Parki ng Stall D Parcel Boundaries 0 20 40 80 --====---•Feet 12/17/2021 Memorandum To: Mayor & City Council From: Beth Wolf, City Clerk Date: December 17, 2021 Re: Boards and Commissions Appointments A few Boards and Commissions had openings for members. Staff published the openings, applications were received and interviews were conducted. The recommendations to fill the commission appointments are as follows: Downtown Parking Commission: No applicants were choosen therefore staff will publish again for the one open seat. Human Rights Commission: Darbie Smith, Ward 2 is recommended to fill Tomenes partial term that will end May 1, 2023. Library Board: Mark Troendle, Director of the Library has indicated the Library Board would like to recommend Dana Weigman to fill Mary Richie term who has completed the full 9 years, as well as reappoint Paula Hemer and Gregg Carlsen all with ending term dates of December 31, 2024. Traffic Safety Committee: Robert Juen, Ward 3 is recommended to fill an open partial term that ends May 1, 2022. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Darbie Smith, Dana Weigman, Paula Hemer, Gregg Carlsen and Robert Juen to their respective Board or Commission. TO: Mayor and Council Members FROM: Beth Wolf, City Clerk DATE: December 16, 2021 SUBJECT: Possible 2022 Meeting Schedule Each December, City Council reviews the meeting schedule for the next year for all City Council and the Boards & Commissions meetings changes/additions to the regular schedule with exception of the Library. The meeting dates are published after approval by Council. Attached is a draft meeting calendar for your review. The Library Board meetings are included on the calendar as an FYI. RECOMMENDATION Staff recommends that Council consider the following dates be changed/added: Charter Commission – 4 dates have been selected to occur in 2022 with two of the meetings scheduled to meet redistricting deadlines. City Council – due to the National Night to Unite Event scheduled for August 4, the Council meeting should meet one week earlier on Tuesday, July 26, 2020 at 4:30 pm & 7 pm. The August 16 meeting is scheduled to have a workshop added for review the City’s budget and it is suggested to start at 3:30 instead 4:30 pm. Heritage Preservation Commission – due to conflict with Planning Commission moving their dates due to the closeness of the holidays, the Commission would like to change their November 16 meeting to November 9 and change December 21 meeting to December 14. Human Rights Commission – The Commission would like to change their January 29 meeting to one week earlier on January 19 due lack of quorum and not hold a meeting in December due to the holidays. Also in July in lieu of a regular meeting, the Commission attends the July 19 City Council meeting to present the Human Rights award. Parks and Recreation Commission – due to closeness of the holidays and city Hall being closed, the Commission would like to change their December 26 meeting to December 19. Planning Commission – due to the closeness of the holidays, the Commission would like to change their November 23 and December 28 meetings to November 16 and December 21. ACTION REQUIRED Review recommended meeting dates additions and changes and adopt a resolution adopting the 2022 City Council and Boards and Commissions Meeting Calendar. City of Stillwater Washington County, Minnesota RESOLUTION 2021‐XXX ADOPTION OF CITY COUNCIL AND BOARDS AND COMMISSIONS 2022 MEETING CALENDAR WHEREAS, Sec. 22‐1. Council meetings of the City Charter states that the city council shall by resolution establish the time and date on which the regular meetings are to be held and may from time to time by resolution change the time and date of the regular meetings. NOW THEREFORE, the Stillwater City Council has adopted the attached City of Stillwater Meeting calendar for 2022. Adopted by the Stillwater City Council this day 21st of December, 2021. CITY OF STILLWATER __________________ ___________________ Ted Kozlowski, Mayor ATTEST: ___________________________________________ Beth Wolf, City Clerk City of Stillwater 2022 Meeting Calendar SFSS FS 278\1 45 9 14 15 6 11 12 16 19 19 21 22 13 18 19 23 28 29 20 23 23 25 26 30 27 28 28 SFSS FS 45 12 688 11123 89 13 18 19 10 15 16 20 25 26 17 22 23 27 24 27 27 29 30 SFSS FS 167 34 8 13 14 5 10 11 15 20 21 12 14 14 17 18 22 25 25 27 28 19 24 25 29 26 SFSS FS 12 56 3 8 9 7 12 13 10 15 16 14 19 20 17 19 19 22 23 21 26 27 24/31 29 30 28 SFSS FS 23 2 78\1 4 9 10 9 14 15 11 13 13 16 17 16 21 22 18 23 24 23 26 26 28 29 25 28 28 30 30 SFSS FS 45 23 611124 910 13 18 19 11 13 13 16 17 20 21 21 25 26 18 23* 24 27 25 30* 31 City Council (7 pm; *4:30 & 7 pm; **3:30 & 7 pm)Jt Cable Comm (6 pm, 1492 Frontage Rd W) Charter Commission (7 pm)Library Board of Trustees (7 pm, 224 3rd St N) Downtown Parking Commission (8:30 am)Elections or Night to Unite (5 pm - 8 pm) Economic Development Authority (4:30 pm)Parks & Recreation Commission (7 pm) Heritage Preservation Commission (7 pm)Planning Commission (7 pm) Holiday-Office Closed (*1/2 day closed at noon)Traffic Safety Review Comm. (5:30 pm) Human Rights Commission (7 pm)Utilities Commission (8 am) 1517 56* 123 1 78 30 22 28 29 26 27 28 29 22 23 24 20 21 14 15 16 14 789 10 19 MT 26 27 29 31 WT NOVEMBER DECEMBER MTWT 12 14 15 17 18 19 20 19 20 21 22 24 25 27 1 56*78 10111213 3564* 7810 SEPTEMBER OCTOBER MTWT MTW 25 26* 28 29 30 T 31 1234 20 21 22 23 25 11 27 24 11 12 13 14 15 16**17 18 45*6 30 JULY AUGUST MTWT M 9 27 28 29 TWT 31 30 16 17 18 19 13 15 16 23 24 26 20 21 22 23 12 9101112 6 7*8 9 23* 54 MAY JUNE MTWT MTWT 20 21 28 29 30 25 26 28 21 22 23 24 19 31 18 67 14 15 16 17 11 12 13 14 7 910 4 5* WT 1* 2 3 MTWT MT 25 27 MARCH APRIL 31 18 20 21 22 24 17 24 26 91010 11 12 13 14 15 16 17 18 12 JANUARY FEBRUARY MTWT MTW 34*5 6 78 T 1* 2 3 MEMO MEETING DATE: December 21, 2021 TO: City Council REGARDING: MnDNR’s Statewide Water Resources Division Lumberjack Landing Donation Acceptance PREPARED BY: Abbi Jo Wittman, City Planner As the Council is aware, the MnDNR’s Statewide Water Resources Division has agreed to donate $50,000 to be used for the installation of an ADA-accessible, non-motorized boat launch in Lumberjack Landing. The DNR is requesting the City enter into formal agreement for the use of funds. A Cooperate Agreement is enclosed for Council review. The Agreement stipulates the City will: • Construct the improvement, and required parking, in accordance with the American with Disabilities Act of 1990; • Allow the State to review the concept and final plans for the improvement; • Keep the access open to the public (May 1 – October 20) at no charge for a period of 20 years and, if closed for any reason aside from emergencies and in high water, notify the state if the improvement is closed for greater than one week; • Keep the improvement clean, maintained, and patrolled in accordance with City policies; • Provide signage indicated the improvement was cooperatively provided b y the DNR. The City may request this signage from the State. Enclosed is a City Council Resolution and DNR Agreement memorializing the DNR’s gift and the Council’s acceptance and agreement. Staff recommends the Council move to approve the Resolution and authorize the Mayor and City Clerk to execute the Agreement. City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVING THE LUMBERJACK LANDING PUBIC WATER ACCESS COOPERATIVE AGREEMENT WITH THE STATE OF MINNESOTA’S DEPARTMENT OF NATURAL RESOURCES WHEREAS, the City of Stillwater seeks to develop an ADA-accessible, non-motorized boat launch (“Launch”) in Lumberjack Landing, located at 1513 Main Street North in Stillwater; and WHEREAS, the Department of Natural Resources has offered to contribute $50,000 towards the development of the Launch; and NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the State of Minnesota and City of Stillwater Lumberjack Landing Launch Cooperative Agreement. BE IT FURTHER RESOLVED, the Mayor and City Clerk are hereby authorized to sign said Agreement on behalf of the City of Stillwater. Adopted by the Stillwater City Council on this 21st day of December, 2021. CITY OF STILLWATER ________________ _____________ Ted Kozlowski, Mayor Attest: ______________________ _________ Beth Wolf, City Clerk 1 LUMBERJACK LANDING PUBLIC WATER ACCESS COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND CITY OF STILLWATER This agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the “State”, and the City of Stillwater hereinafter referred to as the “City.” WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97A.141 to provide public water access on lakes and rivers, where access is inadequate; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59, to enter into agreements to jointly or cooperatively exercise common power; and WHEREAS, the State and the City have determined that construction of a new carry-in public water access on the St. Croix River is of high priority under the state public water access program; and WHEREAS, the City owns land described as Lumberjack Landing at section 28, Township 30 Range 20, Washington, County, of which a map is attached and incorporated into this agreement as Exhibit A; and WHEREAS, the City is willing to accept the role of lead agency in the design and construction on the Property of the carry-in access and installation of an ADA-accessible canoe/kayak launch, hereinafter referred to as “the project”; and WHEREAS, the State and the City desire to cooperate in the Project; and WHEREAS, a resolution of the City Council authorizing the City to enter into this agreement is attached and incorporated into this agreement as Exhibit B; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the public, the parties agree as follows: I. STATE’S DUTIES AND RESPONSIBILITIES a. The State will review and approve the preliminary and final plans for the Project as prepared by the City. b. The State will provide technical and funding assistance with the Project in accordance with the plan. c. The State requests review and approval of a sign, provided by the City, which indicates the Project was cooperatively provided by the City and the Department of Natural Resources. The State may supply information signs for the Project as requested by the City. d. The State reserves the right to inspect the Property at all times to ensure that the City complies with the terms of this Agreement. II. CITY’S DUTIES AND RESPONSIBILITIES a. The City shall comply with all local, state and federal laws, regulations, rules and ordinances which may apply to the construction of the Project. The City shall obtain any permit or license 2 which may be required for the public water access. b. The City shall prepare the necessary plan, specifications, and proposal for the development of the Project. The City agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines. c. The City shall permit the State to review and approve the preliminary and final plans for the Project, including any alterations. d. The public water access shall be free and remain open every day during open water season in conjunction with the City’s established operational months and hours for a facility of this type. The City may close the public water access for emergencies, or for other reasons, without prior written consent of the State. The City shall notify the State of the closing of the public water access for emergency, or for other reasons, if the facility will remain closed longer than one week. e. Free and adequate parking in the vicinity will be provided for the public water access including at least one (1) designated van accessible space for persons with disabilities for every 25 spaces. f. The City shall provide police protection and patrols for the public water access in accordance with the City’s established police department policies for a facility of this type. g. The City shall install appropriate signage on the Property. The City shall provide a sign which indicates the Project was cooperatively provided by the City and the Department of Natural Resources. The City may request that boating related informational signs for the Project be supplied by the State. h. The City shall maintain the Project and keep it in good and sanitary order in accordance with the City’s established practices for maintenance of City park facilities. i. The City shall take necessary action no earlier than October 20th of each year to protect the Dock from damage caused by ice action. The City shall return the Dock to its original location, by May 1st of each year, or later if river conditions are unfavorable. j. The City must follow Minnesota DNR’s Operational Order 113, which requires preventing or limiting the introduction, establishment and spread of invasive species during activities on public waters and DNR-administered lands. Operational Order 113 is incorporated into this agreement by reference and can be found at http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf. Duties listed are in Op Order 113 under Sections II and III (p. 5-8). i. The City shall prevent invasive species from entering into or spreading within a project site by cleaning equipment and clothing prior to arriving at the project site. ii. If equipment or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned with tools or equipment furnished by the City (such as brush/broom, compressed air or pressure washer) at the staging area. iii. The City shall dispose of material and debris cleaned from equipment and clothing at an appropriate location. If the material cannot be disposed of onsite, then the material must be secured prior to transport (such as a sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. iv. The City shall ensure that all equipment and clothing used for work in public waters has been adequately decontaminated for aquatic invasive species. All equipment and clothing including but not limited to waders, vehicles and boats that are 3 exposed to any public water of the state must be thoroughly cleaned and drained of all water before transport to another location. k. All work completed for this contract must adhere to the following conditions until all State executive orders related to COVID 19 are rescinded or expired. Allowed activities and work performed should, to the maximum extent possible, be conducted in a manner that adheres to Minnesota Occupational Safety and Health Standards and the Minnesota Department of Health and CDC Guidelines related to COVID-19, including social distancing and hygiene. The current list of Critical Sector Exemptions is maintained by the Department of Health and can be found at http://staysafe.mn.gov/. III. FUNDING The State shall provide funding for its responsibilities under Article I however the total obligation of the State for the project shall not exceed $50,000. The total obligation of the State for its responsibilities under Article I shall be limited to the amount of funds legislatively appropriated and administratively allocated to this project. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed. Funding Expiration Date: June 30, 2023 for a period of two (2) years except as otherwise provided herein or agreed to in writing by both parties. The agreement can be extended with a written amendment as agreed upon and signed by both parties per article XII. The city will invoice the state for the agreed upon amount once the facility is complete. IV. TERM a. Effective Date: November 1, 2021 or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under this Agreement until it is fully executed and the City has been notified by the State’s authorized representative to begin the work. b. Expiration Date: December 31, 2041 for the operation and maintenance of the facility, for a period of twenty (20) years except as otherwise provided herein or agreed to in writing by both parties. The agreement can be extended with a written amendment as agreed upon and signed by both parties per article XI. V. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City’s liability shall be governed by Minnesota Statutes Sections 466.01 - 466.15, and other applicable law. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six (6) years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota 4 VIII. FORCE MAJEURE Neither party shall be responsible to the other or considered in default of its obligations within this Agreement to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of inability to perform and take all necessary steps to bring about performance as soon as practicable. IX. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article II, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of services covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. However, the City shall be entitled to payment, determined on a pro-rated basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State’s receiving that notice. X. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. XI. PUBLICITY AND ELECTRONIC ACCESSIBILITY Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. All publicity shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of Minnesota guidelines for creating accessible electronic documents can be found at the following URL: https://mn.gov/mnit/programs/accessibility/. XII. COMPLETE AGREEMENT This agreement contains all negotiations and agreements between the State and the City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendment to this agreement 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 agreement, or their successors in office. XIII AUTHORIZED REPRESENTATIVES Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, 5 postage prepaid, or by email to: The State’s Authorized Representative is Rachel Henzen, Parks and Trails Supervisor, 1200 Warner Road, St Paul, MN, 55106, 651-259-5875, rachel.henzen@state.mn.us, or her successor. The City’s Authorized Representative is Tom McCarty, City Administrator, City of Stillwater, 216 Fourth Street North, Stillwater, MN 55082, 651-430-8800, tmccarty@ci.stillwater.mn.us, or his successor. 6 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES CITY OF STILLWATER By: _____________________________________ By: ________________________________ Title: ____________________________________ Title: Mayor ________________________ Date: ___________________________________ Date: ______________________________ DEPARTMENT OF ADMINISTRATION CITY OF STILLWATER Delegated to Materials Management Division By: _____________________________________ By: ________________________________ Title: ____________________________________ Title: City Clerk ______________________ Date: ___________________________________ Date: ______________________________ (Effective Date) STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. Signed: ___________________________________ Date: ____________________________________ Contract: _________________________________ N BROADWAY STSECONDEAST ELM STREETNORTH FIRST STREETNORTH BROADWAY STSTREETSTATE HWY 95NORTHRIVERVIEWNORTH SECOND STREETNORTH FIRSTRIVER HEIGHT S D R IVE E POPLAR STR EET RIDGE LAN E DR IVE E SYCAM ORE S TDRIVE ST CR OIX AVENU E EAST STILLWATE R AVENU E EAST WILKIN S STR EET NORTHBROADWAYNORTHSECONDSTREETNORTHFIRSTSTREETNORTH MAIN STSTATEHWY95NORTHSTREET95HWYSTATESTREETNORTH MAI NRIVERCREST LN110411061105 1101 13131314 1 5 10116111611 904921 1023 905 913 1008100310051011101210151016 1203214 10201019 102010231024209 204 1103110411011107 1110111211111116111511181117112211232111121 1204 12141213 120812091217 1219 1315 1320 12201220 1295 130332413051304202130713121312 13171324131913231322 14011413 1406 141914151414 14251421141914221421 1503 1509151115051511 1575 6 162161615 1 715 171017213051723 180218011806308 15041505 422 1221 1722 16061605 1524 1225 1221 650650650 1513 202 601 1013 1117 900 ^ General Site Location Exhibit ALumberjack Landing1513 Main Street North, Stillwater, MN 55082 µ 0 15,0007,500 Feet MEMORANDUM To: Mayor and City Council From: Shawn Sander~~blic Works Director/City Engineer Date: December 14, 2021 Re: Emergency Pre-emptive Systems (EVP) Project, SAP 169-010-008 DISCUSSION The EVP project installed two separate EVP's on the traffic signals at Myrtle and Main and Nelson and Main. EVP systems communicate between the traffic signal and emergency vehicles to allow for a safe passage through signalized intersections. The contractor, Taylor Electric, has completed the work along with the required submittal and is requesting final payment. This amounts to $28,351.00. The project is entirely funded through Municipal State Aid Funds. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Taylor Electric Co. in the amount of $28,351.00. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion Approving Final Payment for Emergency Pre-emptive Systems (EVP) Project, SAP 169-010-008 to Taylor Electric. Date: December 15, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Solid Waste, Recycling and Roll-off Hauler License DISCUSSION: Applications for the 2022 Solid Waste, Recycling and Roll-off Hauler License has been received from the following Highland Sanitation & Recycling Inc. Maroney Sanitation Inc Tennis Sanitation, LLC Waste Management Inc. Applications for the 2022 Roll-off only Hauler License has been received from the following: Ace Solid Waste, Inc Atomic Recycling, LLC Buckingham Trucking Lloyds Construction Services Inc Veit Container Corporation dba Veit Disposal Systems RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting resolution APPROVING SOLID WASTE, RECYCLING AND/OR ROLL‐OFF HAULER LICENSES contingent upon the satisfactory completion of application submittal requirements. City of Stillwater Washington County, Minnesota RESOLUTION 2021‐ APPROVING SOLID WASTE, RECYCLING AND/OR ROLL‐OFF HAULER LICENSE WHEREAS, applications for a 2022 Solid Waste, Recycling and Roll-off Hauler License has been received by the businesses listed below; and WHEREAS, approval is contingent upon satisfactory completion of application submittal requirements. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a Commercial Solid Waste, Recycling and/or Roll-off Hauler License for businesses listed below with respective licenses, as contingest above: Name of Business License Type Highland Sanitation & Recycling Inc. Solid Waste, Recycling & Roll-Off Hauler Maroney Sanitation Inc Solid Waste, Recycling & Roll-Off Hauler Tennis Sanitation, LLC Solid Waste, Recycling & Roll-Off Hauler Waste Management Inc Solid Waste, Recycling & Roll-Off Hauler Ace Solid Waste, Inc Roll-off Hauler Atomic Recycling, LLC Roll-off Hauler Buckingham Trucking Roll-off Hauler Llyods Construction Services Inc. Roll-off Hauler Veit Container Corporation dba Veit Disposal Systems Roll-off Hauler Adopted by Council this 21st day of December 2021. CITY OF STILLWATER ________________ _____________ Ted Kozlowski, Mayor Attest: ______________________ _________ Beth Wolf, City Clerk TO: Mayor and City Council Members FROM: Beth Wolf, City Clerk DATE: December 17, 2021 SUBJECT: Legal Publication Designation for 2022 DISCUSSION The City has received proposals from The Stillwater Gazette and St. Paul Pioneer Press to provide legal publication services to the City. Their rates for 2022 are as follows: Gazette’s rates are $4.75 per column inch for the first insertion, ($3.95 per inch for subsequent insertions of the same legal notice). Same as 2020 and 2021. St. Paul Pioneer Press (Washington County section, Monday-Saturday) $6.58 per print line for liner ads. An increase of $0.28 from 2021. The legal publications have been published in the Gazette for many years, and the requirements for legal publications have been met. Occasionally there is a need to publish before the next deadline for the Gazette, so the Pioneer Press is an excellent resource for those situations. RECOMMENDATION Staff recommends that Council continue publishing in the Stillwater Gazette for its legal publications, and also designate the St. Paul Pioneer Press as a secondary legal publication when the need arises. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting a resolution Designating the Stillwater Gazette and St. Paul Pioneer Press as the City’s 2022 Legal publications, and approving their respective agreements. City of Stillwater Washington County, Minnesota RESOLUTION 2021‐ DESIGNATING THE STILLWATER GAZETTE AND ST. PAUL PIONEER PRESS AS THE CITY’S 2022 LEGAL PUBLICATIONS AND APPROVING THEIR RESPECTIVE AGREEMENTS WHEREAS, the City is required to designate a legal newspaper every year; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City’s official publication for all legal notices; 2. The St. Paul Pioneer Press is hereby designated as the City’s secondary official publication for legal notices that are not able to be published in the Stillwater Gazette, should the need arise as determined by the City Clerk; and 3. That the contracts for the Stillwater Gazette and St. Paul Pioneer Press are is hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Adopted by the Stillwater City Council this 21st day of December, 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER ‐ CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2022 THIS AGREEMENT, made and entered into this 21st day of December 2021, by and between THE STILLWATER GAZETTE, hereinafter called the “Contractor”, and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the “City”. WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2022, the Contractor will publish all legal notices in The Stillwater Gazette. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications sha ll generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2022 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First insertion: $4.75 per column inch Second, and each subsequent insertion: $3.95 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER GAZETTE In presence of: CITY OF STILLWATER Beth Wolf, City Clerk Ted Kozlowski, Mayor AGREEMENT FOR THE ST. PAUL PIONEER PRESS OFFICIAL SECONDARY NEWSPAPER ‐ CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2022 THIS AGREEMENT, made and entered into this 21st day of December 2021, by and between THE ST. PAUL PIONEER PRESS, hereinafter called the “Contractor”, and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the “City”. WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that the St. Paul Pioneer Press is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2022, the Contractor will publish legal notices in the St. Paul Pioneer Press that are not able to be published in the Stillwater Gazette, as determined by the City Clerk. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2022 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost for official City publications shall be as follows: $6.58 per column inch for a one-time publication; ($6.58 per inch for subsequent insertions of the same legal notice); IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE PIONEER PRESS In presence of: CITY OF STILLWATER Beth Wolf, City Clerk Ted Kozlowski, Mayor MEMORANDUM TO: Mayor and City Council ~/'!~. FROM: Shawn Sanders, Public Works Director/ City Engineer DATE: December 15, 2021 SUBJECT: Market Place Lift Station Improvements 1st and Final Payment DISCUSSION This past summer, the City awarded a contract to Vinco Inc. to install a bypass manhole to the existing Market Place Lift Station. The bypass manhole allows continued operation of the lift station by way of portable pump, in case the mechanically or electrical compounds of the lift station fail. Vinco has completed the work and is requesting final payment for their work. The work was completed satisfactorily and under budget with one adjustment to the contract. Upon excavating for the new manhole, the force main was found to be 18" deeper than our plans showed. This required the purchase and installation of an additional manhole section to bring structure up to grade. The contractor was given field approval to purchase and install manhole section to keep project on track. This additional work added $4175 to the project for a total project cost of $113,875.00 RECOMMENDATION Staff recommends the payment to Vinco, Inc for $113,875.00 this includes the change order for $4,175.00 for the additional manhole section that was needed to bring structure up to grade. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion approving the final payment to Vinco Inc in the amount of $113,875 for the Market Place Lift Station Improvements 1 MUTUAL AID AGREEMENT BETWEEN THE ST. CROIX COUNTY, WISCONSIN SHERIFF’S OFFICE AND THE CITY OF STILLWATER, MINNESOTA THIS AGREEMENT (“Agreement”) is made this ____ day of _______________, 2021, by and between the City of Stillwater, Minnesota (“Stillwater”) and the St. Croix County, Wisconsin Sheriff’s Office (“St. Croix County Sheriff”), hereafter collectively referred to as “Parties,” for mutual assistance in law enforcement. WHEREAS, St. Croix County, Wisconsin and Washington County, Minnesota are recognized as “border counties” of a “physically adjacent state,” as defined by Wisconsin Statutes §§ 175.46(1)(a) and 175.46(1)(d); and WHEREAS, the City of Stillwater, Minnesota is located in Washington County, Minnesota and meets the definition of “political subdivision” as set forth in Wisconsin Statute § 175.46(1)(e); and WHEREAS, the St. Croix County Sheriff’s Office is a “Wisconsin law enforcement agency” as defined by Wisconsin Statutes § 175.46(1)(f); and WHEREAS, the City of Stillwater Police Department is a “law enforcement agency” as defined by Minnesota Statute § 626.84(f) and a “law enforcement agency of a physically adjacent state” as defined by Wisconsin Statute § 175.46(1)(b); and WHEREAS, Minnesota Statute § 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties; and WHEREAS, Minnesota Statute § 626.76 provides that any law enforcement agency may enter into an agreement with other agencies and offices as provided therein to assist other peace officers in the line of duty and within the course of employment; and WHEREAS, Stillwater and St. Croix County Sheriff employ full-time law enforcement officers for the purposes of maintaining law and order within their jurisdictions and afford police protection to their citizens; and WHEREAS, the law enforcement officers of Stillwater and St. Croix County Sheriff are vested with the appropriate powers to accomplish these purposes; and WHEREAS, Stillwater and St. Croix County Sheriff desire to have their law enforcement officers extend these services beyond their jurisdictions for the purpose of providing assistance in emergency or other requested situations to enforce the statutes and ordinances enacted by their respective states and cities; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and subject to the provisions of Wisconsin Statute § 175.46, Minnesota Statute § 471.59, and all other applicable statutes, rules and regulations, Stillwater and St. Croix County Sheriff agree as follows: 2 Article I Requesting Assistance 1.1. Stillwater Police Department shall direct its law enforcement officers to provide assistance to St. Croix County Sheriff in order to maintain law and order and provide additional police protection to the citizens of St. Croix County, Wisconsin, as such assistance may be requested from time to time by any officer of the St. Croix County Sheriff. Such assistance shall be provided by Stillwater law enforcement officers in a manner deemed appropriate by the Stillwater Chief of Police or his/her designee based on the circumstances of the request. 1.2. St. Croix County Sheriff shall direct its law enforcement officers to provide assistance to the Stillwater Police Department in order to maintain law and order and provide additional police protection to the citizens of Stillwater, Minnesota, as such assistance may be requested from time to time by any officers of the Stillwater Police Department. Such assistance shall be provided by St. Croix County Sheriff law enforcement officers in a manner deemed appropriate by the St. Croix County Sheriff or his/her designee based on the circumstances of the request. Article II Prioritizing Assistance 2.1 It is the express understanding of the Parties that the first priority of the law enforcement officers in both jurisdictions is to provide law enforcement services within their respective jurisdiction. It is understood that the assistance contemplated in this Agreement shall be provided only if the officers requested to provide assistance can provide such assistance without jeopardizing the law enforcement services provided within their respective jurisdiction. 2.2 If at any time while law enforcement officers of either Party are providing assistance to law enforcement officers of the other jurisdiction and it becomes apparent that the police protection services of the Party whose officers are providing assistance is jeopardized or the Chief of Police or Sheriff or his/her designee makes a request, such officers may immediately terminate such assistance and return to their jurisdiction. Law enforcement officers providing assistance shall not terminate such assistance if the safety of the requesting law enforcement officers would be put in jeopardy. 2.3 This Agreement is intended to authorize requests for assistance only in emergency or other specifically requested situations. Nothing in this Agreement shall be construed as authorizing requests for assistance by one Party of the other Party for routine activities. Article III Authority of Officers 3.1 Pursuant to Minnesota Statute § 626.76 and Wisconsin Statute § 175.46, when a law enforcement officer gives assistance to the other jurisdiction within the scope of this Agreement, the responding officer’s actions shall be to the same extent as if the officer has 3 acted on behalf of the officer’s employing agency. The senior law enforcement officer, then on duty with the requesting agency, may assign personnel from the provider agency to any appropriate duties, including but not limited to, effecting arrests, transporting prisoners, processing prisoners, and staffing temporary detention facilities. 3.2 It is understood and agreed that the law enforcement officers who respond to a request for assistance by the law enforcement officers of the other jurisdiction shall follow the commands of the senior law enforcement officers then on duty of the Party requesting assistance during the time such assistance is being provided. 3.3 The senior law enforcement officer then on duty of the requesting Party will designate the radio channel that will be used by law enforcement personnel during the time in which assistance is provided. 3.4 All law enforcement personnel of each Party shall continue to be employed and directly supervised by the same law enforcement agency employer which currently employs the member providing assistance; and all services, duties, acts or omissions performed by the law enforcement personnel will be within the course and duty of that employment. Article IV Payment 4.1 Neither Party shall be responsible for the payment of wages or other remuneration to the other Party or to the other Party’s law enforcement officer(s), notwithstanding the fact that such law enforcement officer(s) may from time to time, pursuant to this Agreement, provide law enforcement services to the Party who is not the regular employer of such law enforcement officer(s), unless the assistance continues for a period of more than eight (8) hours. If assistance provided under this Agreement continues for more than eight (8) hours, the responding party will submit to the requesting party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses. The requesting party will reimburse the Party providing assistance for the total amount, which shall be paid in the same manner as other claims made to the Party requesting the assistance. 4.2 For assistance provided to a third party outside its jurisdiction, the Parties may charge a fee to the third party for such requested assistance reflecting the actual cost to the Party of such service. Article V Liability 5.1 The Party requesting assistance under this Agreement agrees to defend and indemnify the officers of the responding party against any claims brought or actions filed against the officers of the responding party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance pursuant to this Agreement. 4 5.2 Each Party shall be responsible for the injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance covering its own personnel while they are providing assistance pursuant to this Agreement. Each Party waives the right to bring a claim against any other Party for any workers’ compensation benefits paid to its own employees or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers or employees. 5.3 Each party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to bring a claim against any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers or employees. 5.4 For purposes of determining total liability for damages pursuant to Minnesota Statute § 471.59 (for activities in Minnesota) or pursuant to Wisconsin Statute § 893.80 (for activities in Wisconsin), the Parties are considered a single governmental unit and the total liability of the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes § 466.04, subd. 1 or Wisconsin Statute § 893.80. 5.5 The intent of this article is to impose on the requesting Party a duty to defend and indemnify a responding party for claims arising within the requesting party’s jurisdiction subject to the limits of liability under the applicable state statutes. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 5.6 No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party, or for recalling assistance, both as described in this Agreement. 5.7 Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable state or federal benefits to personnel who respond or render assistance pursuant to a request for assistance and sustain injury or death in the course of, and arising out of, their employment and response or assistance under this Agreement. Article VI Data Practices 6.1 Notwithstanding Minnesota Statute § 13.82, subd. 24, Wisconsin Statute § 19.35, or any other provision of law, the Parties agree that for purposes of the Minnesota and Wisconsin Government Data Practices Acts and all other statutes and provisions of law related to data practices, data management and records retention, each Party shall remain the exclusive responsible authority for its own data management, for responses to data requests and for all aspects of records retention for any and all data that is collected, created, received, maintained or disseminated by the Party as a result of any activity arising out of this Agreement. 5 Article VII Term 7.1 This Agreement shall commence upon approval of the governing body of Stillwater and St. Croix County Sheriff’s Office and signatures of the officials with authority to bind the entity. 7.2 This Agreement shall remain in full force and effect until it is terminated in a manner provided herein. Article VIII Termination 8.1 This Agreement may be terminated by either Party upon thirty (30) days written notice to the other Party. Such notice shall be delivered to the Chief of Police or City Clerk for Stillwater and the Sheriff of the St. Croix County Sheriff’s Office. Termination shall not discharge any liability of the Parties during the term of this Agreement. 8.2 It is agreed that any prior agreement between the Parties covering the same subject matter is hereby terminated. Article IX General Provisions 9.1 Amendment. Any amendment to this Agreement 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 Agreement, or their successors in office. 9.2 General Compliance. Both Parties agree to comply with all applicable federal, state and local laws and regulations governing any services provided under this Agreement. 9.3 Non-Discrimination. Both Parties agree to comply with the provisions of all applicable federal and state statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes § 181.59 and Chapter 363A. 9.4 Severability. Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. 9.5 Assignment. This Agreement is not assignable without the mutual written agreement of the Parties. 9.6 Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 6 CITY OF STILLWATER ________________________________ Date: _________________________ Ted Kozlowski, Mayor ________________________________ Date: _________________________ Beth Wolf, City Clerk 7 ST. CROIX COUNTY, WISCONSIN SHERIFF’S OFFICE ____________________________________ Date:_________________________ Scott Knudson, Sheriff PLANNING REPORT TO: City Council MEETING DATE: December 21, 2021 APPLICANT: Kathleen Schubert REQUEST: Consideration of a request to change the on-street parking to 30-minute limits. LOCATION: 224 Chestnut St E (Medicinal Blends Wellness Boutique) REPORT BY: Graham Tait, City Zoning Administrator INTRODUCTION Mrs. Schubert owns a downtown store called “Medicinal Blends Wellness Boutique”, which specializes in natural medicines and healing. Due to the nature of her business, the clients often have physical handicaps, are experiencing an injury, or something similar. However, the street parking in front of her store is frequently occupied with vehicles who remain there all day (primarily downtown workers and residents), and her clientele seldomly are able to utilize the parking spot in front of the store. The on-street parking in this location is limited to three hours, however Mrs. Schubert puts forth that this is too often ignored. She thinks that a more stringent time restriction, followed up by enforcement will alleviate this issue and help her business tremendously. SPECIFIC REQUEST Consideration to change the on-street parking stall’s maximum parking time limit from three hours to 30 minutes. COMMENTS & RECOMENDATION The Downtown Stillwater Parking Efficiency & Management Plan, produced by HKGi in August of 2020, identifies reducing the length of time vehicles park on the street as a goal and something that downtown businesses are generally in favor of implementing. Currently only 2% of our spaces are for 30 minutes or less (for the “One-Stop-Shop, Limited User”). Because this number is so low and the parking study recognizes the need for this percentage to increase, staff could support changing this parking limit in this spot from three hours to a lesser time frame. Broader parking trends (and some Downtown Business Feedback) are trending towards the need for more very-short-term convenience parking for quick pick up. This parking trend is being seen in larger format retail in the suburban context as well, with online order pick up increasing in popularity. That being said, the Downtown Parking Commission (DTPC) is in the middle of a broader policy discussion. At the DTPC’s last meeting they recommended denial of the applicants request (at least at this time), preferring to take a more comprehen sive approach as opposed to reacting to individual requests. While, the DTPC is recommending denial for this particular request, the parking spot may ultimately be reduced in the near future, when the City implements new parking policies. Staff is in agreement with the DTPC, and believes that this request should be addressed as part of the broader policy discussion. POSSIBLE ACTIONS The City Council should discuss the potential impacts of changing the time restrictions on this parking stall and pass a motion for approval or denial to change the parking restrictions to 30 minutes. Attachments: Email Map cc: Kathleen Schubert Graham Tait From: Sent: To: Subject: Here was the other one. Tim Gladhill Monday, December 6, 2021 10:21 AM Graham Tait FW: Chestnut street 15-30 minute parking Tim Gladhill illwater City of Stillwater Community Development Director tgladhill@ci.stillwater.mn.us www.ci.stillwater.mn.us THC-BlRlHPLA.Cf Of UINNl"SOfA :i https://www.facebook.com/StlllwaterM i nnesota P: 651-430-8821 From: City of Stillwater <ci.stillwater.mn.us@enotify.visioninternet.com> Sent: Monday, November 15, 2021 2:23 PM To: Tim Gladhill <tgladhill@ci.stillwater.mn.us> Subject: Chestnut street 15-30 minute parking [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Message submitted from the <Stillwater, MN> website . Site Visitor Name: Kathleen Schubert Site Visitor Email: Hello Tim, I hope this email finds you well. We wanted to follow up and discuss the possibility of getting 15-30 minute parking for our retail stores on Chestnut St. Unfortunately, the business (office) insist on parking all day in front of our stores. I'm not sure if they will be no parking enforcement again this year? Either way, I feel we need to secure a few spots for our customers. Would you please let us know the best way to proceed? Thanks for your time . I look forward to hearing from you 1 Medicinal Blends Parking Stan T ime Restriction Change Subject Parking Sta l l D Parce l Boundar ies \ \ \ \ I \ 0 .20 40 80 --=~---Feet By : Gra ha m Tai t 1217/202'1 MEMORANDUM TO: Mayor and City Council ~r· FROM: Shawn Sanders, Public Works Director/ City Engineer DATE: December 15, 2021 SUBJECT: Purchase of Front-End Loader with Snowplow Equipment and Barrier Lifts DISCUSSION As part of the 2022 Street Capital Outlay equipment purchases, the Streets Department is proposing to purchase a 2022 Font End Loader (Loader) to replace a 1999 Loader and to purchase barrier lifts for moving and placing jersey barrier's safely. The loader is used for plowing and removing snow during the winter months and has been used for loading and moving material and jersey barriers during flood fighting efforts. Staff has received a quote of $286,276.00 from Ziegler CAT for a 2022 930 M Cat Loader from the State Bid Contract and includes snow plow and wing package. Barrier lifts manufactured by Kenco also sold by Ziegler cost $8630. Ziegler CAT has offered a trade in value of $31,500.00 for the 1999 loader for a total purchase price of $263,406.00. The budgeted amount for the Loader and the barrier lifts is $265,000. Staff is making the request for this purchase, prior to the 2022 calendar year due to the estimated turnaround time of 12 months for delivery due to supply and manufacturing time. Submitting our order now would prevent a longer turnaround time. RECOMMENDATION Staff recommends the purchase of the Cat 930M loader from Ziegler Equipment from the current MNDOT contract and Kenco Barrier Lifts for a cost of $263,406.00 using funds from the Street Capital Outlay budget. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion approving the purchase of the 2022 CAT loader and Kenco Barrie lifts in the amount of $263,406.00. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sander~blic Works Director / City Engineer December 15, 2021 Possible Purchase Portable Generator DISCUSSION Public W arks Utilities Department is proposing to purchase a portable generator that can be used at different utility sites as need. This will allow us to provide power at different sites during power outages or shutdowns. Staff has received three quotes for a new 125 KV A generator including trailer with a light standard, power cords and accessories. The low quote was submitted by Kodiak Power in the amount of $84,957.00. This purchase was planned in the 2022 Water Department Capital Outlay budget. Due to market conditions, inflationary and supply chain issues, the vendor has indicated the quoted pricing will likely incur a 10% increase on or after Jan 1, 2022. Funds will come from the 2022 Water Capital Outlay Equipment Fund. RECOMMENDATION Staff recommends the purchase of the new portable generator from Kodiak Power Systems for $84,957.00. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sand~ublic Works Director / City Engineer December 14, 2021 Possible Purchase of Replacement Generator for Aiple Lift Station DISCUSSION Public Works Utilities Department has programmed in its 2022 Capital Outlay Budget to replace the stationary generator at the Aiple Lift Station. The current generator is 60-year-old , is not dependable, has limited parts availability making repairs difficult. The generator replacement project would consist of removing the current generator and other mechanical items from the building and radiator and exhaust systems from the roof and install a new generator. Staff has received three quotes for the replacement of the generator with the low quote submitted by Kodiak Power for $111,812.00. A separate quote for roofrepair was received from Berwald Roofing for $3000.00. the budgeted amount for this project is $125,000. RECOMMENDATION Due to market conditions and supply chain issues , delivery times could take 12 or more months and a price increase of 10% if not acted on before the end of the month. Staff recommends the purchase of the new standby generator from Kodiak Power Systems for $111,812.00 and Berwald Roofing for $3,000.00 for the roofrepair for a total of $114,812.00. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion approving the replacement of the generator by Kodiak Power Systems and Berwald Power Systems at the Aiple Lift Station in the amount of$114,812.00 for purchase in 2022. STAFF REQUEST ITEM Department: St. Croix Valley Recreation Center Date: 1/4/2022 DESCRIPTION OF REQUEST We are requesting to purchase a new dasher board system for the North Rinks at the St. Croix Valley Recreation Center. They current system has lived its life cycle and people are commenting on the performance of the current system. FINANCIAL IMPACT I'm requesting a budget to replace the dasher boards not to exceed $170,000. It will be funded through fund balance ADDITIONAL INFORMATION ATTACHED Yes _x_ No -- Rink Systems Becker Arena Products All American Arena Products 176,000.00 with trade-in 243,176.00 with trade-in 154,800.00 with trade-in Staff recommends All American Arena Products Submitted by: Doug Brady Date: 1/4/2022 1103 Hershey Street Albert Lea, MN 56007 November 16, 2021 Mr. Doug Brady St Croix Valley Recreation Center 1675 Market Dr Stillwater, MN 55082 RE: Ice Rink Dasher Board System Dear Doug, Rink Systems, Inc. is pleased to provide the following pricing. DASHER BOARD SYSTEM: Phone: 507/373-9175 Fax: 507/377-1060 REVISED Provide and install one 85' x 200' Legacy Elite dasher board systems custom designed per plans and specifications including, but not limited to the following: + 41" high x 6" wide hot dip galvanized framework • 85' x 200' rink perimeter with 28' radius comers + Two 30' long x 5' deep players boxes + Two 8' long x 5' deep penalty boxes + One 6' long x 5' deep scorekeepers box + Six 5' long divider panels each with 30" wide access gates to separate boxes • Four 30" wide players gates • Two 30" wide penalty gates • Two 36" wide access gates + One IO' wide double door equipment gate • Players, penalty, and access gates to have heavy duty hinges and latches • F.quipment gate to have heavy duty hinges, slide bar, cane bolts, and spring loaded casters • Ice side pushbuttons on all gates with shielding • 1/2" thick white poly racing + 1/2" x 8" yellow poly kickplate • 3/4" thick red polyethylene caprail + 3/8" thick black poly half backer panels in players, penalty, and scorekeepers boxes complete with water bottle shelving • 3/8" thick black poly backer panel around entire perimeter of rink. + 3/8" thick x 8' high black poly facing on precast concrete wall behind boxes. Includes all framing necessary to attached facing. • l" polyethylene thresholds on all gates and access areas • 1-1/2" aluminum/poly threshold on equipment gates + 5/8" thick x 6' high tempered glass shielding on ends & radius comers ofrink + 1/2" thick x 6' high tempered glass shielding on spectator side or rink /' • 1/2" thick x 6' high tempered glass shielding on box side of rink, except in front of player boxes • 1/2" thick x 6' high tempered glass shielding on the divider panels that separate the players, penalty, and scorekeepers boxes • 3" speaker hole in glass in front of scorekeepers box • Two piece round aluminum support posts around entire perimeter of rink. Posts to be powder coated black. • Safety comers where shielding tenninates • 2 x 6 treated wood elevated flooring in all boxes covered with W' treated plywood. Includes 7" high x 18" wide elevated coaches walkways on players boxes. • Two 24' long players' benches. Two 6' long penalty benches. Benches are 1-1/2" x 9- 1/2" wide poly with floor mount supports • I" x 20" x 6' polyethylene scorekeepers table with supports • 1/2" black cut resistant rubber flooring in all boxes • 12' high black nylon mesh netting above dasher boards on both ends and four radius comers ofrink. Includes conduit, cabling, and all mounting hardware to install netting. • All necessary hardware to install Dasher board system • Includes shipping to project site • Complete Installation by Rink Systems • Three year warranty BASE PRICE: $186,000.00 OPTION#l: Trade in allowance for existing dasher board system. Includes removal. DEDUCT: ($10,000.00) Price does not include local taxes or bonding where applicable. If you have any questions or need additional infonnation, please call me at (800) 944-7930. I look fmward to the opportunity of working with you on this project in the future. Thanks. Best regards, Rink Systems, Inc. st«eey overgattrd Stacey Overgaard, P.E. President 2 Rink Systems, Inc.® 1103 Hershey Street, Albert Lea, MN 56007 ~,~ Be cke r : ; ·' 'i ·Li'. i . Rellablllty by dfflgn Quotation II : St Croix Valley Dashers Revision II: Sourcewell ID: 50078 Date: October 29, 2021 Proposal Expiration Date: December 29, 2021 Your Sales Consultant: Dan Mehren Prepared For: Doug Brady St Croix Valley Rec Center 1675 Market Dr. Stlllwater MN 55082 Project Location: St Croix Valley Rec Center 1675 Market Dr. stnllllater MN 55082 Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity ... Bcnlllb of Choosing to Partner with Becker Arfn• Products • A stable and reliable company since 1988 • A staff with In-depth knowledge of the Industry and products • Quality products that last • Experienced and professional Installers • Excellent customer service • Worry Free Projects -Guaranteed 720 Innovation Drive Shakopee, Minnesota, USA 55379 Tel: 952-890·2690 beckerarena.com This product Is available through the Sourcewell Cooperative Purchasing Program at discounted pricing. BECKER ARENA PRODUCTS, INC-VENDOR CONTRACT #120320 • ATH • Sourcewell ls a munlclpal contracting government agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. Over 47,000 Member agencies enjoy the value and commitment of the world-dass Sourcewell awarded Vendors . Take advantage of the cooperative purchasing discounts shown here In this quotation mentioning our contract #120320 · ATH when ordering. You must be a member and contracting authority. Ask your salesperson for a copy of the Sourcewell Contract Purchasing Information Per our discussions regarding your upcoming dasher replacement project, please see the below details and pricing options. Athletlca 6A Aluminum Dasher Board system RINK: ZOO' x 84' -10" x 28' radius Approximately 547 lineal feet of 42# high, welded aluminum framed clasher boards (Ring with box divider panels, no back walls) 1/2" white high-density polyethylene dasher facing 1/2" x 8" high Yellow high-density polyethylene kick plate 3/4" Red high-density polyethylene cap rail . All panels pre-assembled Dashers to be anchored to perimeter slab, drilled In 5/8# epoxy anchors beckerarena.com One 10'-0" radius double leaf equipment gate complete with heavy duty adjustable hinges, slide bar, cane bolts and heavy-duty casters One 6'-0" straight double leaf equipment gate complete with heavy duty adjustable hinges, slide bar, cane bolts and heavy-duty casters Four 2'-6" player box gates with heavy duty hinges and 11ft latches Two 2'-6" penalty box gates with heavy duty hinges and ice side push button latches four 3' -0" straight player access gate with heavy duty hinges and Ice side push button latch 1• thick high-density polyethylene thresholds on player, penalty and access gates PLAYER, PENALTY I TIMEKEEPER BO>CES All boxes are on the same side of the rink Player boxes: 5' deep x 30' long. side divider panels w/gates, no back walls Penalty boxes : Two (2) each 5' deep x 8' long with side divider panels with one gate from player box, no bad< walls Timekeeper box -One each 5' deep x 8' long with half-depth side divider panels, no back wall Approximately 420 square feet of wood framed elevated flooring In the player, penalty and scorer boxes complete with protective matting 48 lineal feet of 7" high x 24" wide elevated coach's walkway In the player's boxes -24 llneal feet In each player box 60 lineal feet of 1-1/2" x 9-1/2" wide recyded plastic benches with steel frames and supports In the player and penalty boxes (24' In each player box & 6' in each penalty box) One 1• thlckx 18" wide x 96" long solid natural polyethylene timekeeper table 3/8" thick white high-density polyethylene backer sheet In the player, penalty and timekeeper boxes complete with built-In shelving In the player boxes 3/8" thick Black HOPE with H mullions to cover the back walls of all boxes. 8' In height with 2" Red poly trim as casement PERMANENT BACKER PANELS Approximately 438 lineal feet of 3/8" Slack backer panel complete with ·w mullion dosure strip . TEMPERED GLASS SHIELDING 242 lineal feet of 15mm (5/8") x 6' -0" high tempered glass shielding for the ends and radius corners of the rink complete with two-piece round anodized aluminum shield supports, Quick Release Face Plates ; Black Powder Coated Face Plates and Term Posts 245 llneal feet of 12mm (1/2") x 6'-0" high tempered glass shielding for sides of rink and box dividers complete with two-piece round anodized aluminum shield supports, Quick Release Face Plates : Black Powder COIied Face Plates and Tenn Posts Shield termination padding Included PUCK CONTROL NETI'ING Two each, 12' x 121' Black Nylon puck control netting above the shielding on the ends and radius corners of the rink . Netting hardware, cable, and conduit frame lnduded INSTALLAIJQN Becker Arena Products, Inc . will furnish a crew for the complete Installation of the above-described dasher system . Price Includes installation labor (Non-union labor/non-prevalllne wa1e rate), and all equipment as required Freight to Stillwater MN has been estimated and Included In the total dasher pricing. Due to the volatility In transportation and freight rates, Becker Arena Products reserves the right to adjust the total pr ice to match the actual freight rates Incurred on the date of shlpment(s). PRICE DELIVERED & INSTALLED Accept ____ $ ZU,753.00 beckerarena.com Page 2 BAP Signature Serles 6.0 Steel Dasher and Shleldlng RINK: 200' x 84' -10" x 28' radius Approxlmatefy S47 lineal feet of 42" high, galvanized steel framed dasher boards (Ring with box divider panels, no back walls) 1/2" white high-density polyethylene dasher facing 1/2" x 8" hil!h Yellow high-density polyethylene kick plate 3/4" Red high-density polyethylene cap rail. All panels pre-assembled All panel steel framlns hot dip salvanlzed after fabrication Dashers to be anchored to perimeter slab, drilled in 5/8" epoxy anchors One 10'-0" radius double leilf equipment gate complete with heavy duty adjustable hinges, slide bar, cane bolts and heavy-duty casters One 6'·0" straight double leaf equipment sate complete with heavy duty adjustable hinges, slide bar, cane bolts and heavy-duty casters Four 2'~" player box gates with heavy duty hinges and lift latches Two 2'-6" penalty box gates with heavy duty hinges and Ice side push button latches four 3' -0" straight player access gate with heavy duty hinges and Ice side push button latch 1" thick high-ilenslty polyethylene thresholds on player, penalty and access gates PLAYER, PENALJY & TIMEKEEPER BOXES All boxes are on the same side of the rink Player boxes: 5' deep x 30' long, side divider panels w/gates, no back walls Penalty boxes; Two (2) each 5' deep x 8' lo"8 with side divider panels with one sate from player box, no back walls Timekeeper box -One each 5' deep x 8' Ions with half-depth side divider panels, no back wall Approxlmately 420 square feet of wood framed elevated flooring In the player, penalty and scorer boxes complete with protective matting 48 llneal feet of7" hlsh x 24" wide elewted coach's walkway In the player's boxes -24 llneal feet In each player box 60 lineal feet of 1-1/2" x 9-1/2" wide recycled plastic benches with steel frames and supports In the player and penalty boxes (24' In each player box & 6' In each penalty box) One 1,. thick x 18# wide x 96" long solid natural polyethylene timekeeper table 3/8" thick white hllh-denslty polyethylene backer sheet In the player, penalty and timekeeper boxes complete with built-In shelvins In the player boxes 3/8" thick Black HOPE with H mullions to cover the back walls of all boxes. 8' In heisht with 2" Red poly trim as casement PERMANENT BACKER PANELS Approximately 438 lineal feet of 3/8" Black backer panel complete with "H" mullion closure strip. llMPEREP GlASS SHIELDING 242 lineal feet of 15mm (5/8") x 6'-()" high tempered glass shielding for the ends and radius comers of the rink complete with two-piece round anodized aluminum shield supports, Quick Release Face Plates; Black Powder Coated Face Plates and Term Posts 245 lineal feet of 12mm (1/2") x 6'-0" high tempered glass shielding for sides of rink and box dividers complete with two-piece round anodized aluminum shield supports, Quick Release Face Plates ; Black Powder Coated Face Plates and Term Posts Shield termination padding Included beckerarena.com Page 3 PUCKCONJBOLNETilNG Two each, 12' x 121' Black Nylon puck control netting above the shleldlng on the ends and radius corners of the rink. Netting hardware, cable, and conduit frame Included INSTALLATION fllfil§fil Becker Arena Produru, Inc . wlll furnish a crew for the complete Installation of the above-described dasher system. Price Includes Installation labor (Non-union labor/non-prevalllng wage rate), and all equipment as required Freight to Stillwater MN has been estimated and Included In the total dasher pricing. Due to the volatility In transportation and freight rates, Becker Arena Products reserves the right to adjust the total price to match the actual freight rates Incurred on the date of sh lpment(s). PRICE DELIVERED & INSTALllD Accept ____ $221,744.00 REMOVAL OF EXISTING DASHER SYSTEM Becker Arena Products to furnish a crew for the complete removal of the exlstln11 dasher system . Price Includes all removal labor (Non-unlon/non-prevalllng wage labor rate) and equipment for the removal & loading alon11 with frei11ht to remove system from your location. Includes : Palletizln11 and bandln11 for shipment, required forkllft for removal of shleldln11 and loading of truck. Dasher boards become the property of Becker Arena Products. TOTAL (labor and material) Trade-In Credit Net Total GRAND TOTAL of ABOVE SELECTED ITEMS Auapt __ _ $14,423.00 ($ 5,000.00) $ 9,423.00 $ ______ _ Please Note: Tllll'a are the responsibility of th purdlowr. Prices do not Include special Insurance requirements, bonding. or applicable permits and/or license fees . Prices subject to site visit and/or receipt of final construction drawings and specifications . If sales taK Is applicable, It will be added to the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed contract. All payment terms are based on credit approval. Our Standard Payment terms are: 45% due upon placement of order ($ ______ ~ 45% due 10 days prior to delivery ($ _____ ~ 10% due upon delivery and installation ($ ______ ~ beckerarena.com Page 4 The above payment amounts wm be filled in based on total contract price and any applicable sales tax and sent back on the Contract Summary Sheet with your executed contract. We are looklng forward to the opportunity of working with you on your project and If we can be of further assistance please do not hesitate to call . This proposal Is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited Warranty and may be withdrawn without penalty at any time before contract execution. If accepted, please sign and return this copy to Becker Arena Products. When approved and signed by one of our officers a fully executed COP'f wlll be forwarded for your records . This proposal Is subject to chanse, wlthdrawal, or cancellatlon until accepted by you . If Becker Arena Products, Inc. have not received your acceptance within 60 days from the date hereof, this proposal shall automatlcally expire. Becker Arena Products, Inc. retains a security Interest In all products covered In this agreement until all payment terms have been met. In addition, the purchaser asrees to slsn any addltlonal documents for Becker Arena Products, Inc. to perfect Its security Interest In the products. Proposal/Contract# St Croix Valley Dashen Is accepted with lnltlaled options : Purchaser Signature Title Print Name Today's Date 50078 Sourcewell Member Number Becker Arena Products, Inc . __ General Manaser ___ _ TIiie __ Jeff BroSi._· -----~ Print Name Today's Date 030117-BAP Sourcewell Contract Number beckerarena.com Page 5 BlCKfRARENA PRODUCTS INC. STANOAIID TliRMS AND CONDITIONS OF SALE. fFFfCTl\lE JAH\IARY 2021 1. Deflnlttoru. In these terms -"Selle,. means tM seller of tht Goods i1S defined herein; •euyer" means the entity purchasing the Goods. lncludlng any successors thereof; "Goods· rMans the goods. products and materials manufactured, imported. supplied and/or deliv!red for or by Seller to Buyer, as such w~e apprO'ttd by Seller in reply to Buver's Older and accordlnllv ltsled In the App,owal of Drder; ·Approval of Order", In respect of any Buyer's order, means the Instrument lnued by Setler, beannc the same reference number of iuch order and spedfyfng. among any otMr ttrms, the items o( Goods, induding their respective price and quantity, which shall b1 supplled to Buyer upon such order; "Contn,ct• means Utf' contract for the supply of Goods which have been ordered by Buyer and specined in Seller's Approval of Order, which contract Is concluded bued on these Terms and Conditions of Sale union otherwise sp.cified In the Approval of order. 2, Payment. Payment tor Goods shall be due on or prior to the deltvery date of Goods and no discount may be taken. Payments received after lhe due date thereof shall bear a Ser.ice charge from their due date, at the maximum lawful lnteren rate appllcable, and tf none -at the annual rate of 5" above the base rate rrom tfme to time of the central bank of the place of Buyer's Incorporation. All payments shall be made to 5eller's deslanated bank account In the same currency and for the same amounts as specified In the Approval of Order. 3. Prtcu, Dulles and Tua. Prices specified In the Approval of order are net. excludlna packasJna. and shal be deemed Ex-works (I ncoterms 2000 as amended). Prices are based, Inter ,1lla, on production costs for supplles, labor, deltvertes1 dutJes, and servkes current on the order date. In the event ol materlal Increase In any such com, Seller reserves the ~aht tither to adju.st the prices for Goods acai,dlngly, o, to cancel any certain part of the sales relatmg to undelivered Goods. Duties, ra,es, fees, levies and Olher compulsory pav-n1s appllubleto the sale of Goods ..,vttme, as well as frolaht, e.,press, lnsuranceand de!l""rycharges, ,hall all be borne and paid In full by Buyet, uni.s. otherwise e>preuly stipulated. 4. Oellwry. Delivery dates noted on the Approval of Order are estimates only, and are not 11Uarnntffd, and are aU subject to adjustment as determined by the Seller atUna rea,onably. The acuptance of shipment by• common carrier or by •ny llcensed P<1bllc tn,ckman shall corutllut• proper dellvery. Risk a550clated with the Goods shall pass to Buyer on deflwry °' with lhe passln1 of title In lhe Goods, whldlever occurs nrst; provided however, that where dollllery Is delayed due to clrcumstonces caused by or within the responslblllty of Buyer, risk of loss shall pass to Buyer upon Se41e<'s nouncatlon that Goods are ready for dispatch. 5. ftatlftlfon of TIiie. Title shall pass to Buyer only upon full payment by Buyer for the Goods and loHowl"II p1yment of any other outst1ndln1 debt by Buyer to Seller. Buyer shall, al Sellers requ..i, take any measures necessary under appllc1ble low to protect Seller's Utle In lhe Goods, and lowfufly notify Buyor, present or potential creditors of seller'• Utte on and lntereit In the Goods. Buyer adcnowledges that so Iona as title has not been transferred In the Goods, It holds the Goods as bailee and fiduciary a1ent for the )eller and sllal safely and sl!Curely store and keep the Goods separate and In 1ood tondltlon, clearly showln& the Seler's ownership ot the Goods and sllal respecll'lely record the selers ownership of the Good, In Its bookt. Notwllllsbndlng the above, Buyet may use Goods for Its own use, or sel Goods, as ftdudary agent fortlte Seller, to a lhlrd party In the nonnol course of budnns by bona lldesale al market value, whereby proa,eds ol such usage or sale of Goods, as the case may be, shall, to the utent of the amount being owed by Buyer to Seller at the time ol receipt of sud1 proceeds, be held by Buyer on trust fo, Seller and •peclfically a1eertalned, unUI paynlfflt In full for all payable debts by Buyer to Se Her. &. warranty. a) If applicable, Seller warrants that Goods as set out In Ille warranty applicable thereto 1tven by Seltr to Buyer, subject always to the terms and conditions thereof, and subject to use, storaae and application thereof In accordance with and hosed on Seller's standard tolerances, Instructions of use and recommendations. bl Unless otherwise restricted by mandatory appllable law, THE WARRANlY SET FORTH HEREIN IS EXPRESSLY IN UEU OF All OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT UMITA110N, /\NY AND ALL WARRANTIES OF MfRClt/\NTABIUlY, QUAUTY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND /\NY OBLIGATIONS OR Ll/\81U11fS WHlot MAY BE IMPUTED TO SELL.ER, ANY AND /Ill OF Wll!CH ARE HEREBY [)(PRESSLY DISClAfMED, DENIED ANO EXCLUDED. BUYER EXPRESSLY AGREES THAT NO WAARANTY THAT IS NOT SPECIFICALLY STATTiD IN THIS AGREEMENT Will B£ CLAIMED OR OTHERWISE ADHERED TO BY BUYER AND/OR BY ANYONE ACTING QI BUYER'S BEHALF ANO/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM BUYER, NOR THAT WILL ANV SUCH WARRANTY Bf VAUD. SEUER NEITHER ASSUMES NOR AUTHORIZES Ar« OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WIT!i THE SALE. USE OR HANDLING OF ANY AND ALL GOOOSSPEOFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BffN SUBJECT TO ACCIDENT, NfGUGENCE, ALTER/\110N, IMPROPER CARE. IMPROPER STORAGE, IMPROPER MAINTENANCE, ABUSE OR MISUSE. 7. Cllllms-Uablllty. a) Unless Seller shall within 30 days after delivery of the Goods, n,ceiw from Buyer written notke of any matter or thin& by reason whereof It Is alleaed that Goods are not In accordance with lhe Contrac~ Goods deliv,,red shall be deemed to have bffO supplied, deMvered 1nd accepted In all respects In full conformity with the Contract and Buyer shall be entitled neither to ~eel the same nor to ral<e any claim for damaaes or for other remedy in rei pert of any alleaed negllaence and/or broach ol warranty and/or any condition. bl In any claim. brought subject to Ille conditions above, Buyer must prove to Ille sallsfactlon of Seller tmt It followed Seller's Instructions fo, use, core, storage, maintenance, handlng and appllcatlon of the Goods. cl Unless o!llerwlse spedflnlly n,stncted by mandatory applicable law, Selle~s llabAlty under any dalm and In connection with any possible allesallon, whether based on nesll&ence, contract, or any other cause of action, shall, H the Seller shall be liable he...,nder, be limited to either (II the repl1<ement of the Goods or the supply of equivalent gonds; (II) the repair, or payment of the cost of repair, of the Goodo: or (Ill) uedlt In an amount equal to the purchase price specified In Seller's pertinent Invoice, or In an amount of equivalent &ood•. an at S.ller's sole option. B-acknowledces that Ille remedy avallable to him as spe~ hen,ln, ts In llou of any rwmedles that m1y be otherwise a .. llable to him, .-or In the future, whether In law or In equity, relaUn1 to any loss OJ damase, whether dlrl!Ctly or Indirectly, arlsina from the purchase and/or the use ofGoods, lncludln1 without Nmltatlon, ony actual or continaent dama1es, loss of production, loss of prufit. loss of use, loss of cont .. cts or any other consequential or Indirect loss whatsoever, whether pecunla,y or non·pecuniary, and It is od<nowledpd ard llltffd by Buyer that In no dmmullOnces shal Seller be hobl e for any such damaaes. Should any llmltlltlon on Seller's llabllKy hereunder be held Ineffective under applicable law, than Seller's llabUlty shall In any event be llmlh!d to the minimum amount of damages to which seller may llmlt Its llabllty, where such Is greater than the purchase prl<e as specHled In Seler's pertinent Invoice. AddlUonally, any action against SeHer must be conunenced w~hln one year after the cause of action accrues. d) Buyer, for himself and for any other party which may dalm either under or through Buyer, or Independently of Buyer, lncludtn& Buyer's employees, directors, officers, representatives and personnel, shall lndemnlfy and hold Seller harmless, from and against any claim or llablllty for damages in any way relatine lo the supply or use of the Good,, lncludln& claims for negligence and Including but not limited to, any claim In connection with the deslan , manufacture, use, care, storaao, dollW!ry, appll<atlon or molntenance of any Goods sold hereunder, whethor alleged to have baen committed by Seller or by any other person whatsoever. Buyer's undert1kln11 as specified In this subsection shall e,rtend and Inure to the benefit of Siller and of Seller's successors at any time, as wel as to Seller's personnel, representatives, managers, directors and offkers. Nothing contained herein shall take effect to exclude or limit liablllty where llablllty may not be .. cluded or limited under applicable law , lncludlne, without NmltaUon , for death, personal Injury and fraudulent mlsrepreuntaUons. e) An'f and all warranties. undertakings, 1uarantees, or atsorances provided her~n by Se~. are specifkally llmlled to Buyer herein, and not Imputed bySeUer, whetherdlrectly orlndfrectly, expressly or lmpltedly, to any other person orffltny, lncludinganysuhsequent buyer or user, batlee, licensee, assignee, employee and agent of Buyer beckerarena.com Page 6 a. Ot!fault. Upon failure of Suver to pay any amounts due to Seller, or in the event of anv breach or anticipated breach by Buyer of anv Contract with Seller. orlf Buyer shall ellher (il become Insolvent, (Ill coll a mtttlns of lls creditors, or (Iii) make any asslanment tor the benefit of creditors, or II (iv) a banktuptcy, Insolvency, reoraanlzatlon, recelwrshlp or reor1an11ation procffding shall be commenced by or against Buyer, then, In each such occasion, SeNer may, at Its sole dlwttlon, opt ta t1) cancel thJs and any other Contract with Buyer (without w~ivlng any of Setlff's rlghls to pursue anv remedy against Buyer); (21 claim return of any Goods fn the possession of Buyer, the title of which has not passed to Buyer, and enter Buyer's premises (or the premises of any associ.1ted company or a1ent where su<.h Goods are located), without llabllity for trespass Of anv alleged damage, to retake posse,slon of such Gooo,; (3) delor any ,h!pment hereunder; (4) declare fot1hwlth due and payable all outstandln1 bills of euyer under this or any Contract; and/or (S),ell •11 or part of the undellvo1ed Goods, without notke at pubfl c and/or on private sale, while Buyer shall be r6ponslbk! for all costs and expenses of such sale and be Hable to Seller for anv shortfall in the dlscharee of the amounts due 10 Seller. 9, Independent Delivery. Each delivery of Gooos shall (without prejudice to seller's rights under clause 8 herelnabove) be conskfered a separate contract and the fallure of any delivery shall nol vttl.1te any contract as to deliveries of other Goods and pavment therefor. 10. c.ncellatlon. Orders manufactured In whole or In part. pursuant to Buyer's speciflnUons, may not be cancelled except with SeNer's pnor written consent, on terms which will compensate Seller for any resulting kJllM. lL No-As5llll'llent. No rlahts or obllllatlons of lloyEr arisln& out of this Cont,act may be assigned without the .. p,ess prior wntten consent of Seller, 12, force Ma)evra. Should Seller be prevented rrom eflectin1 deliveries of the Goods or any of !hem by reason of either an act of god, Insurrection, riot, war hosUr~les, terror .1ttuks, warUke operaUons, piracy, arrests, restraklts or detainments by any competent authcrity, strikes or combinations or k>ck.-<1ut of wor1cmen~ fire, flooc:js, drouahts, earthquakes, permanent or temporary delay or Inability to obtain labor, material or services throuct, Sellef's usual and reaul:ar sources, or any other circumstances (whether of a nature similar to those specffled, or not) beyond the absolute control of the Seller, then, In each such cases, the obllgatlon of the Seller to effect deliveries hereunder shall be suspended until after such preV<nllon shill cease to continue. Should any deliveries undo, this Contract be susp,,nded under thl• clause for more than 90 days -either party may withdraw from this Contract and be relieved from any llablMty; prOlllded however, that Buyer shall newrtheless accept delivery and pay for such Goods once the S.llet-ls able to deliver In accordance with the period(s) of shipment named tn this Contract. SOiier shaR not be llabl• for, and be rell!Ned from. 1ny loss or damaaes of any kind resultlng from the causes mentioned hereinabove. lil. AcMu. Any provl,ions specified or Implied by herein or elsewhere nolwlthstandlng, anv advice, recommendation, 1nrormaUon, assistance or service provided by Seller In relaUon to the Goods or In resped of their use or applkatlon Is 9lven In 100d faith, shall be deemed accepted by Buyer wtlhout Imputation of any llabllKyto Seller, and tt shall be the responslbllltyof BtJyer to conflrm the accuracy ond ,ellablllty of tho same In 118'>1 of tho use of whl(h Buyer mokes or 1ni..nds to make of the Good1. 14. frrllro .iw-nt. This Contract mer1es the 1ntlre terms and condlUons for sale of the Goods. In the event of any conflict between the terms herein and any provisions lnduded In th• Approval of Order, the latter shall 1overn and prevail. SubJutto the foreaoln1, nothln& specified In, orrmrred to by, any other document, record or Instrument whatsoever, whlth relates to and/or wllkh otherwise Jubslsts In connection wtth th• sale of Goods herein, whether expressly or lmpNedly, lncludln11ny written orde,, request..-other uandud or specific terms ol any l!l)llty, shill or may be lnterp,eted to attribute to Seller and/or to seller's afflNates a, repr ... nt•llves (II any llablllly, obUptlon, commitment and/a, undeflakln1, and/or (ll)any waiver In connecuonwllhorof anyrfcht, whether contractual, p,opr1etary, In-person am and/or equitable, lncludlns but not nmtted to, any and all lntellectu1I property rtat,ts In connection with the Goods. which are and shall always remain In the Selle~s exclusive and complete ownership under al circumstances whatsoever, notwithstanding any sale of Goods hereunder and wllether the Goodsshall be standard Goods or manufactured to a spedflc order. No modlfkatlon or waiver or any provision hereof sh al become valid and effectlVI! except upon a written IMtrument duly ,1..,,d beforeh1nd by Seller. No waiver by either party of any d<fault of the othe, party .shan be deemed a -ivvr of any subsequrn1 or other defaull If any provision or this Contract becomes or is declared by a court of compet .. lJurlsdlctlon 10 be Illegal, unenforcoable, or void, the balance or this Contnd shall continue In full ron:e and effect without the p,ovislon. ts. law and Arbitration. This Contract shall be governed by and construed In accordance with the laws of the slate ol Seller's lncorpor,,tton. Any dispute arising out ofor In connection with this Contract shall, If 10 determined by lhe Seller, be flnallysettled by arbitration In accordonce With the Rules of Concllatlon and Arbitration ol the lntemauonal Chamber of Commerce ("ICC"), as shal be In effed from Ume to time, and If so determined, the balanco of this Section shall apply. The arbitration shall be held at wch location In the state of Seller's Incorporation as shall be determined by Seller, In Its sole discretion. The arbitrator shall be mutually appointed by Seller and Buyer within 21 (twenty-one) days followlna • written d<lmand lor orbltradon by either of the parties. Faillns to reach an agreement regardln1 the nomination of an arMrator, the head of the relevant ICC national committee (located in the Selle~, country of lnccrporat!on; and absent such local committee in that specific country-the ICC UK committee (www.lccuk.net)) shall appotntan arbitrator at the request or any of the parties, a copy of which request for the appointment of an arbitrator shal be provided by the requesdng party to the other party. Awards may be enforced In accordance with the 1958 New York Convention and Judgment may be entered upon any award In any court havtns Junsdlctlon over the parties and/or lhetr assm. The arbitrators fees shal be paid by both parties In equal parts unie.s otherwise determined by the arb~rator. This provision shall survive any termination af an v of the terms and conditions herein and shall be deemed to cons mute an Independent arbitration a11eement between Buyor and Seller for all purposes and Intents. 16, Dasher loa<d Sy.terns L Seller moy choose whether or not to produce the rink according to 115 production schedule. If they produce the rink on schedule, It will be stored at Bec~r Arena ProdU<t's button of bwlneH and storaae fees wtll be charged to tho Purchaser at the rat• of us $300 per ..,,ek. All payments wtll be due acconllns to the temlS from the Oflgloal ship date. If the Seller chooseJ to delay pn,ductlon to coincide with the new ship date, no stora1e r ... wll apply, and payment wll be due accordln1 to the terms from the orlglnal ship date. II contract tenns are paid In full prior to shlpplna, the time will start from the original ship date and not the adjusted ship date. 2. A new shipping Installation date will be coordinated with Sellers Installation department and conflrmed with the Purchaser. The Seller will reschedule the k"lstallatlon for the next available date according to the Seller's lnltallatlon schedule. In some cues, the site delay mav cause addiUonal charses. Thts Includes, but Is not limited to, wases, remobllltatlon, and equipment rental, to be paid by the Purchaser. 3. If the Purchaser's site is not ready when the Seller's lnstaUatton crew arr1ws, addlllonal costs wlll be charged to the Purchase,. This includes1 but Is not llmlted to wages, travel, lodging, meals, equipment rental and chansas In Becker Arena Producrs lnstollotlon schedule. 17. a,neral Sil• Requirements. Thi!' following criteria must be met, or extra charges may appry, and delays WIii be Incurred, If the site Is not In compliance when Seller Is ready to dellver and Install the goods: beckerarena.com Page 7 1. Concrete ~nd Floor Work; All concrete work is to be completed and aUowed to cure, according to job specifications and/or refrlgtration contractor.s requirements, before the date installatton Is schedured to begin 2. The l~ness of the perimeter concrete, where the rink Is to be instaUed, must be within 1/8• of levelness for every 10" In lensth and no more than 1/~ .. difference In hel9ht ottr the length and width of lhe per1meter surface. 3. For sand 'loor,. Ute fht 6" r,om 1he f,onl ct the curb, where the rlnk ls lo be Installed, must be within 1/16· of natn11u from the inside edae outward and meel thn l~~lness and flat"ui candUlno.i speclrled above~ :Sand floors are not to be final graded priort4> d..asher boa rd lnstallallon. 4. Expan.slon jolnu, whim are to M cOV<m! complet•IY by the rink.•~ to be whhln 112· of ma/chtness from end 10 end ind side to Side. The di1tance from side co 1id1 and end to ll!'nd of the outskte e.dae of the opanslon Joln 1 Is to be within 1/2 .. of the requ ited dimension lor the frame to cover IL S. If, upon arrtval, the perimeter concrete Is Inspected and does not meet the specifications for levelness, fta1ness, stralpltn ess and size, the followtns will occur: 6. S.Uer'• Re9re..,..t1Uve will de101mlne If rink un be shimmed o, adju!l<d/cut to achieve desired i-1neu, m ,nd/ot ,,panslon faint cov.,•11• while nialnlllinl,,. the Wudural lntqrily of the rink. If so, the addlUonal time anc m,tertals to do lhls wil be paid by th• Porch•su. A chan11e otder must be ftlled out by the Sell•~• ReprosentaUve and sl&ned by the Purch, .. r before any work commences. 7. If lhe r ln~ cannot be ,hlmmed or ad/u.,b!d 10 the de,ln,d 1 ..... 1nus and/or coveraa,, while rrtilntilnlnc the structur.il lnteptty of the rln k, the Purchuer wnl be re,pcn.sl~e fo1 fb:ln1 the surfilte to rnffl spKlflcatkm,. AU asu1datNI cmts for this .are thll! sole·resp0nsib~lty of the Pu,chasll!r, 8. The Seller witJ accept controcts that ore retrofit pro)«u with the undentandln& thi tlhe com!ltlon of the und01l\lfn1perlmettt cotltrete wort< me"ts the ,pedflc•~ons ,,.red 111a ... /I, after removol or·1he e,l,1l111 rink, IM concme dou not mee11h<uuom!ltlon<, palnu •1 • and •i• frum abolle w ll applv. 1L lllqulraminls for lllnll I~: (Refer to lhe enclosed Site Requirements) 1. Walk Through /nspec:Uon. When Seller's worlt Is complete or near complete, Purchaser or the Purchaser's Repre,tMt•llw flndud lna aeneral contractors and architects) must be avalllble /or a nnal wait-through Inspection with the S.lter's Aepr ... ntittve. Anv parties who do not attend the walk through wm lorfe/1 their rtght to submit punch list Items. A final punch list of Items to be completed or repaired will be prepared as• result of thlS walk through. Any Item not lnduded on the final •plfflch 11st' will not be the n,spon.slblntyolthe 5eierunleu It lscowred by the Seller's Warranty. 2. Shop Drawings and Non·standanl Shleldlni, Preparation ol shop drawings Will not commence unUI after tile signed contract has betn delivered to Seller. Production will not commence until Seier n,a,/ves approved shop drawincs. Field measured; temprred glass !non-standard slles) may ~ulre an addlllonal 3-<4 weelcs lor delivery alter completion of Installation. Any field measured tempered glass to be lnsllllled by purcha..,r. 3. Polyethylene. All polyethylene used to manufacture the rink shal be virgin material All colors shaR match within manufacturer's tolerance. 4. Seller will not be respon.slble for replaclna polyethylene that conforms to manufacture11 color tolerance. Durfna manulacturlna, •• panels ,hall have the polyethylene Olll!rhan1 past the frame a minimum of 1/1&· on each em! to allow /or contraction of tht material duo to temperature man&t In the field . Seller shall not be responsible for/material contraction aaps between panels due to temperature manse II It adheres to tt,ese manufacturfn1 requirements. 5. Material O,eck-ln. flnstallatlon supenislon and supply ..,1y contraCU) The Purchaser shall be responslble to wrlfy the shlp,Mnt for quantities and any damage caused from shlpplna /or Jobs lhat lndude lnstallatlon supervision or are supply only. Any quantity variancts and/or damqe must be noted and reported to the Project Manager by nlllna outthe Material Check-In Form and faxing II to the Project Manaser. Miu Ing/damaged Items must be reported wltl,/n 24 hours of receipt to receive credit All boxes wtll be cle,rl\l marked by the Seller, The Ship list will deartv ldenUfy !t,e contents and quantities of the "11pment. It Is the responsibility of the Purchaser to verify that all box numbeB In the hardware aate are accounted for, not to open and count eam Individual Item per box. The Purchastr must count anything that Is not boxed. beckerarena.com Page 8 , Alli(AMERICAN ARENA PRODUCTS Date: September 15, 2021 Attention : Doug Brady St Croix Valley Recreation Center 1675 Market Dr Stillwater, MN 55082 Project Dasher Board Replacement Dear Doug, ( lJ IS. {" J\WIIUl' ,\lh<'li I,.·a, MN .'i{i007 (8 H) 231-2227 St.'i111 Ci~,1ll~mu·ricm 1arc11c1 .(·0111 Thank you for the opportunity to submit a quote to Supply & Install a Riley Manufacturing Serles R6A 6" Aluminum Pre-Fabricated Dasher Board System. This proposal is to replace the existing rink measuring 200 ft long by 85 ft wide, with a 28 ft radius. Summary of scope of work by All-American Arena Products will include: FRAME • Panels to be welded aluminum. • Panels to be 42" high x 6" wide and typical 8 ft in length. ANCHORS • 5/8" epoxy anchors drilled and set into existing apron slab. (will re-use existing where possible} GATES • 4 -30" player gates along the player boxes. • 2 -30" penalty box gates with push release buttons. • 4 -30" access gates located in divider walls for off-ice access into boxes. • 2 -36" access gates with push release buttons located elsewhere in the rink. • 1 -72" double leaf access gates with push release buttons located elsewhere in the rink . • Hardware made of stainless steel. Fasteners are zinc plated. • Player and access gates to have adjustable hinges, as well as pivoting latch/catch assemblies. • 1 -120" double leaf machine gate located in one comer of the rink . • Machine gate to have heavy duty adjustable hinges, heavy-duty spring-loaded caster wheels and sliding closure bars -all zinc plated steel. BOARD CLADDING • .500" thick white high-density polyethylene (HDPE) board facing. • .500" thick x a· high, yellow HOPE kick plate, top edge routed to 3/8" radius. • .750" thick red HDPE cap rail, front and back routed to 3/8" radius. ALL*AMERICAN ARENA PRODUCTS I U IS. I' Awnuc i\lhl'rl Lea, 1\1N .'>li<Xl7 (81 ll 2a 1-2227 ~l·;111l'_i.1;1ll;u11crica11;1rc11<1.<·(m1 • .375 black backer panel around the full perimeter and player/penalty box areas SHIELDING AND SUPPORTS • 6' high x 5/8" (15mm) thick supported tempered glass for the ends and radii. • 6' high x %" (12mm) thick supported tempered glass for the spectator side. • 6' high x %" (12mm) thick supported tempered glass for the player box side including between the boxes. • No glass included for the fronts of the player boxes . • Glass in front of timekeeper's box to have 3 %" diameter speak hole. • Fusion safety pads at shielding terminations at player/penalty boxes. • Glass supports to be 2pc quick change aluminum. • Face plates of supports to be powder coated black. PLAYERS, PENALTY AND TIMEKEEPER'S BOXES • Player boxes are to be approx. 30' long x 5' deep with side and no back walls . • Penalty boxes are to be approx. 8' long x 5' deep with side and no back walls. • Timekeeper's box to be approx. 8' long x 5' deep with half side and no back walls. • Half height backer panel with water bottle shelves to be included for the front of the player and penalty boxes. • Timekeeper table provided. • .375" thick x 8' black HOPE installed on block wall behind boxes. (approx. 84 linear feet) PLAYERS, PENALTY AND TIMEKEEPER'S BOX -FLOORS • Raised wooden platforms installed throughout all boxes . • Raised coach's walkways included for player boxes. • 3/8" black rubber flooring loose laid on top of wooden platforms and walkways . PLAYERS AND PENALTY BENCHES • Benches are 9 %" wide x 1 %" thick black plastic lumber fastened to steel support posts. • Support posts to be zinc plated steel. • Player box benches are to be approx. 24' long. • Penalty box benches are to be approx. 6' long. SPECTATOR NETTING • 12' high black or white nylon netting installed along the ends and radii of the rink. • Netting to be attached to a conduit header suspended from the ceiling structure and attached to the glass supports using eye bolts and aircraft cable . BASE BID: TO SUPPLY & INSTALL $167,300.00 USO Decline. ___ _ Accept. __ _ ALL~AMERICAN ARENA PRODUCTS OPTIONAL PRICING: OPTION # 1 -CREDIT FOR EXISITNG DASHER BOARDS To buy the existing dasher boards to re-purpose I [ I Is. I' i\\'l'IIU<' :\lhe1 l Lea, l'\IN ;'i(i007 (811) 2:H-2227 st•m1®alla1nl'rica11an:11a.< «ml deduct... .................................................................... $12,500 .00 from base bid Decline ___ _ NOTES • Forklift and Genie boom rental included. • Shipping to site included. • Removal included; disposal listed as an option. PAYMENT TERMS : All payment tenns based on Credit Approval (O.AC) -40% due upon placement of order Balance upon completion Or, other mutually agreed upon terms. Accept __ _ Price is valid for 30 days . Unless stated otherwise, pricing does not include permits, bonding, shipping or any local and/or state sales tax . The attached Terms and Conditions are incorporated and part of this quote. If you have any questions or need additional information, please feel free to give us a call. Ac ce pt~-------Dec line ______ _ The above proposal is accepted by Purchaser: PresidenVOwner/General Manager All-American Arena Products Name of Signee (please print) Da te: _________ _ Date : __________ _ ALL-fC AMERICAN ARENA PRODUCTS TERMS AND CONDITIONS 1111 s. l'' ,\l'l'lllll' Alh<·1t I.ea, MN .'i(i007 1x 11, 2a1 .2 227 ~<·,111 ri •.~tll.u11nirn11are11.1 .< 0111 1. All sales of material or equipment by All -American Ice, LLC (OBA All-American Arena Products) (" All-American") are opressly conditioned upon the terms and conditions set forth below. Any addltlonal or different terms or conditions set forth In any purchase order of the Buyer or In any similar such communication are hereby objected to by All -American and shall not be blndlns or effective unless expressly assented to In writing by an authorized representative of AII-AmerlCJJn . 2. SITE: The site must be accessible to a tractor-trailer and Industrial forklift. Al l driveways to the rink slab/surface must support all necessary equlprnerit. Power oudets with no less than a 30amp breaker must be within SO'of the rink slab/surface or a portable generator with a minimum of 5KW power rating. Prior to commencement, surface must be broom dean and work area will be free of all materials and debris. A dumpster (minimum size of 10 yards) and/or an area for trash must be available within 100' of the rink slab/surface so the Installers can remove their debris . Delays or extra work and expenses caused by the site not belng ready will be charsed to the Purchaser. Concrete to be level within 1/8" In 10 ft. non- cumulative. 3 . PRICE : Prices subject to receipt of final construction drawings and speclficattons . This quotation Is based on the Installation takln& place from start to finish during the same trip. Re-moblllzlna for any reason other than All-American Arena's own, will result In extra charges . 4 . INSURANCE : Special Insurance requirements are not Included . S. PERMlmNG: Any applicable Perm its and/or Ucense Fees are not Included, and Purchaser shall be responsible for obtaining the same. 6. COMPLETION: When job Is completed or nearing completion, the Purchaser must be available for a final walk-throu&h to Inspect the Installation with the All-American lnstallatlon supervisor. This will be the Purchaser's chance to formulate a final punch 11st of Items left unfinished or needing to be changed . All Items not listed on the punch 11st will not be considered a punch 11st Item, and unless covered by All-American warranty, will be replaced at the Purchaser's expense. 7. DELAY: Notwithstanding the foregoing, should All -American be delayed In the commencement, prosecution or completion of the work by any cause beyond All•Amerlcan's control and not due to any fault, neglect, act or omission on Its part, then All-American shall be entitled to an extension of time to the extent necessary to remove any such cause ot any delay and shall not be held Hable for any damages for any delays caused by either the owner or general contractor or cause beyond the control of All-American . 8. WARRANTY: Except as to title, THERE ARE NO WARRANTIES, WR ITTEN, ORAL, IMPLIED, OR STATUTORY relating to the desalbed material or equipment which extend beyond that described In this paragraph . NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. Any product warranties provided by All-American Arena Product suppliers shall be assigned to the Purdlaser to the extent possible. 9. SECURITY : All-American retains a security Interest in all the products covered In this agreement until all sales' terms have been met. 10. PAYMENT: T1rms are Net 30 or as otherwise a,reed upon. late payments are subject to a 1.5 percent par month or 11 penent annual finance charge. 11. LIMITED LIABILITY: All-American's llabllity on any dalm for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of material or equipment hereunder, or Its sale, resale, operation or use, whether based on warranty, contract, negligence or other grounds shall not e,cceed the price paid for such material or equipment or part thereof Involved In the claim. All-American shall not In any event be liable for special or consequential damages Including. but not llmlted to, loss of protlts or revenue, llquldated damages, loss of use of the product or any associated product, cost of capita I, cost of substitute products, facilities or services, downtime costs, or dalms of customers of the Buyer for such damages . 12. ATTORNEY'S FEES, JURISDICTION, AND VENUE : Purchaser agrees tllal making any purchases from AII-AmeriCJJn constitutes doins business In the state of MINNESOTA and that Buyer consents to the personal jurisdiction of the state and federal courts in MINNESOTA, unless elected otherwise by All-American . Purchaser agrees that the venue to resolve any and all disputes with All-American shall exclusively lie In the state or fed eral courts situated In Freeborn County, MINNESOTA . Buyer agrees that In the event of any legal action brought by or against All-American, the non -prevailing party shall pay to the prevailing party all costs and expenses Incurred In connection with such action, Including but not limited to attorney's fees (whether hourly or contlngentl, lien fees, court costs and any other costs of lltlgatlon or collection proceedings (Including without llmltatlon expert witness fees, deposition or court t ranscr ipt fees , photocopy charges, and document vendor charges). 13 . ONE-YEAR LIMITATION : Any and all dalms brought by Purchaser against Seller shall be filed In one of the above referenced jurisdictions within one (1) year after the date r,f ship men! or Installation or It shall be deemed forever waived . STAFF REQUEST ITEM Department: St. Croix Valley Recreation Center Date: 1/4/2022 DESCRIPTION OF REQUEST We are requesting to purchase a new sound system for both rinks at the St. Croix Valley Recreation Center and add some additional power on the ceiling. They current system has outlast its life cycle and people are having a hard time understanding the current system. FINANCIAL IMPACT I'm requesting a budget to replace the sound system and power not to exceed $80,000. It will be funded through CIP ADDITIONAL INFORMATION ATTACHED Yes _x_ No -- Sound and Media Solutions Allied Production and Sales Alchemy Sound and Vision Staff recommends Alchemy Sound and Vision Submitted by: Doug Brady 82,422.15 89,902.57 71,677.00 Date: 1/4/2022 so D i.,~)~: MED IA ~. C) I U T 1 C) r< ~ Presented by: Eric Klingsporn eric .§:soundandmediasolu1ion s.com 507 .316.6706 t I Dear Doug Brady Sound and Media Solutions is a full-service Commercial Audio Video Integrator that designs and installs professional AV Systems. Through our cutting-edge technology, we offer a broad range of AV Solutions making us your one-stop-shop for Professional AV. We have proven reliability in our people and our products ranging from audio systems, video conferencing, multimedia presentation systems, background music and more. We are a certified Women Owned Business providing local support and long-term partnerships. If you have any questions about any of these costs or would like to discuss anything contained in this proposal, please feel free to reach out to me anytime. CUSTOMER I FOR AT 0 Customer Name: st. Croix Valley Site Address: 1675 Market Drive Stillwater, MN 55082 Email: recctr@ci.stillwater.mn.us Billing Address: 1675 Market Drive Stillwater, MN 55082 *Billing Email: recctr@ci.stillwater.mn.us Contact Name: Doug Brady Phone: 651-430-2601 I I PROJECT DESCR PTION Summary -Objectives & Outcome II 11 11 111111 Remove and replace St. Croix Valley Recreation Center North Rink Sound System Goals for new system : 1 . Highest Quality Dynamic Sound a. Highs, mids, lows b. Balanced audio c. Clear PA announcement 2. Ease of Use 3. Protect Equipment/Investment from public 4. Audio input at scorers table for use during games/on-ice events 5. Bluetooth audio input at scorers table for wireless connection 6. Wired Microphone input at scorers table for use during games/on-ice events 7. Wireless microphone system incorporated into the sound system System Description -Functionality Requirements Sound and Media Solutions(SMS) will provide and install a high quality sound system at the St. Croix Valley Recreation Center North Rink in Stillwater, MN. In the main arena office, Existing floor standing rack will be re-used to house the head end equipment. A Furman power conditioner surge protector will be installed to protect the equipment/investment. All AC powered rack equipment will plug into the power conditioner. 20 Amp AC power will be provided by the customer. Three (3) QSC 2000 Watt dual channel power amplifiers will power seventeen ( 13) ultra high quality EAW l 09i loudspeakers and one ( l) dual 12" driver EAW subwoofer mounted in the steel truss system of the arena. A Biamp Nexia Digital Signal Processor will process, balance, and equalize the audio signals input into the system . Two (2) Biamp Red -l wall mount audio controls will be installed in two locations. One in the head end location and one at the scorers table location. A 3.5mm auxiliary audio jack will be wired and installed in the scorers box in a location for easy input of an audio source of the client's choosing (pc, laptop, ipad, smart phone, etc.). A Denon Bluetooth Receiver will be added as an input on the system and mounted below the scorers table for close proximity to the individuals connecting wirelessly to the sound system . A push button will be added to the scorers table for easy paring of devices to the bluetooth receiver. Instructions will be printed and mounted. An XLR input plate will be installed at the scorers table location for input of a new Audio Technica wired hand held microphone with stand. Handheld mic will have on/off switch . An Audio Technica 3000 Series wireless mic system with handheld microphone will also be input into the sound system. PROJECT DESC System Description -CONTINUED SMS recommendation: TO Ill Ill Ill Ill Ill Client install a permanent enclosure similar the one pictured on this page along with an audio source(windows tablet. ipad, kindle fire, etc.) with a pre-loaded game music and sound effects opp. New music can be downloaded to the device if it is linked to an association managed account like Amazon, iTunes, etc ... Rationale for a permanent source is to protect the sound system from various unknown devices being plugged into the system "hot" and then over-driving the speakers. Also, a permanent audio source prevents the auxiliary wire from being plugged in and out. which saves the system from experiencing crackle and pop associated with improper plugging in and out. Many Associations in Minnesota and elsewhere are moving toward this type of solution to protect their sound system investment. PROJECT SC PTIO II 111111 Major Equipment -Components I Quantity 2 3 1 2 1 1 2 13 1 8 13 As Needed I Description STRONG l U Blank Panels QSC CMX2000V A Power Amplifier Furman P8 PRO C Power Conditioner Biamp Nexia CS Digital Signal Processor Biamp Red 1 Wall Controls Audio Technica 3000 Series Wireless Microphone System Audio T echnica Pro4 l Wired Microphone Audio Technica AT860l Mic Desk Stands RCI 3.5mm Auxiliary Jack RCI XLR Jack EAW 2041035-90 VFR l 09i Loudspeakers White EA W 2041033-90 VFS220i Subwoofer White EAW Eye Bolts for SUB EA W 2039218-90 U Bracket White Chain, couplers, Cat 6 wire. 16/2 wire AC Power and Conduit as needed and provided and installed by others. AC Power at head end rack location needs to have 20Amp outlet and circuit. Lift provided by client. or SMS can arrange lift and pass through cost of lift to client. PROJECT DESCR PTION Exclusions/ Assumptions & Constraints II II 111111 All conduit. high voltage, wiring panels. breakers. relays. boxes. receptacles. etc.; Concrete saw cutting and/or core drilling ; Fire wall. ceiling, roof and floor penetration; Necessary gypsum board replacement and/or repair; Necessary ceiling tile or T-bar modifications. replacements and/or repair; All millwork (moldings, trim. cut outs. etc.); Patching and Painting; Permits (unless specifically provided for and identified within the contract). OUTSIDE MUSIC SOURCE: Sound and Media Solutions is not responsible for the reliability of any outside music sources not provide by SMS and Mood Media. Any troubleshooting of issues related to other music are subject to additional labor charges. Construction Considerations Integrator & Client Responsibilities Client is responsible for all AC power requirements need for the installation of the sound and video systems. Client and a Sound and Media Solutions representative must discuss AC outlet power location/placement at earliest point following acceptance of agreement to assure ample time is allowed for scheduling. Key Milestones -Client/GC/lntegrator Equipment delivery Installation Room Ready Training Substantial Completion Project/Change Management Processes Deviation from the scope of the project as described in this section requires a change order form to be completed with subsequent charges applied to the job to be the responsibility of the client. See Change Order page for more details. I I TERMS and CONDITIONS Agreement dated 3/12/2020 by and between Sound and Media Solutions Inc. ("SMS" or "COMPANY") and Customer named above. COMPANY agrees to provide CUSTOMER, and CUSTOMER agrees to accept from COMPANY. at PREMISES, COMP ANY'S service program, and the equipment, maintenance and other services (hereinafter collectively "SERVICES") as specified on pages above. LIMIT OF LIABILITY AND DAMAGES: COMP ANY SHALL NOT BE LIABLE FOR DELAY IN INSTALLATION OF THE EQUIPMENT OR SERVICE OR INTERRUPTION OF SERVICE DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF COMPANY. IN NO EVENT WILL COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES. Job Site Readiness: If CUSTOMER has confirmed the job site is ready for installation and COMPANY arrives to do work to discover the site is not ready, CUSTOMER will be charged for the trip. If CUSTOMER requests devices to be installed in specific locations and COMP ANY discovers a header or bracing is in the way the COMP ANY is not responsible for damage and additional fees may be incurred to change location of devices. For All Medical Applications and Services, Including, But Not Limited To, Nurse Call Or Patient Wander: CUSTOMER AGREES THAT COMPANY IS NOT RESPONSIBLE FOR PERSONAL INJURY OR OTHER LOSSES THAT ARE ALLEGED TO BE CAUSED BY IMPROPER OPERATION OR NON-OPERATION OF THE EQUIPMENT AND/OR SERVICE. CUSTOMER agrees that this Agreement limits COMPANY's liability to CUSTOMER unless COMPANY's actions are willful and wanton. Notwithstanding any contrary definitions found in any case law, CUSTOMER and COMP ANY expressly agree that willful and wanton means conscious and intentional disregard of, or indifference to, the rights and safety of others. It is agreed that it would be impractical and extremely difficult to fix actual damages that may arise in situations where there may be a failure of equipment or services, due to the uncertain value. IN THE UNLIKELY EVENT THIS PROVISION IS FOUND TO BE INVALID FOR ANY REASON, AND ANY LIABILITY IS IMPOSED ON COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, IT WILL BE LIMITED TO SIX (6) TIMES THE SERVICE OR MAINTENANCE CHARGES PROVIDED ABOVE OR TWO HUNDRED FIFTY DOLLARS ($250.00), whichever is greater. INSURANCE: CUSTOMER agrees that COMPANY is not an insurer and that CUSTOMER shall obtain adequate insurance covering the equipment, personal injury and other damage or losses. No Subrogation: CUSTOMER does hereby for him/her/itself and other parties claiming under him/her/it, release and discharge COMPANY from and against all claims arising from hazards covered by CUSTOMER's insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against COMPANY. CUSTOMER agrees that this section is not an exculpatory provision, but a risk shifting provision. It will apply to preclude any subrogation action without regard to COMPANY's conduct. INDEMNITY: CUSTOMER shall indemnify COMPANY and hold it harmless from and against any and all losses, claims, and expenses relating to the equipment and/or service provided hereunder, including without limitation losses caused by accidental fire, theft, improper operation, or misuse of the equipment. USE OF MUSIC SERVICES: CUSTOMER shall not transmit or permit the transmission of the Services by others or distribute the Services so as to be consumed outside the Serviced Premises. CUSTOMER shall not copy, record, dub, or transcribe the Services in any manner, as the Services may be copyrighted works. CUSTOMER shall not use the Services (i) to displace a live orchestra; (ii) as an accompaniment to dancing, skating. aerobics or other forms of physical activity or entertainment. or (iii) in those areas for which an admission fee is charged. CUSTOMER is responsible for Performance Fees. which may be associated with TV usage. CUSTOMER is responsible for Copyright and Programming Fees on music audio. which is broadcast through any TV. COMP ANY pays for all other Copyright and Programming Fees covering the SERVICES provided by COMPANY. Any third-party increase in Copyright or Programming Fees during this Agreement will be passed onto the CUSTOMER and considered separate from any other Price Increase. INSTALLATION OF EQUIPMENT: CUSTOMER grants to COMPANY the right to install all necessary equipment for the SERVICES subject to any necessary third-party approvals. CUSTOMER is solely responsible for obtaining any third-party approvals for the installation of such equipment. and for all associated costs. CUSTOMER shall supply at CUSTOMER's expenses adequate electrical power and necessary outlets. conduit or back boxes to affect installation. CUSTOMER bears all risk of loss to all leased and non-leased equipment as of the date that installation is substantially completed on the premises. CUSTOMER will provide a working internet network connection as needed for connection of our devices and will have the internet cables available in head end room on day of installation or agree to pay COMPANY additional fee for running any internet 'Alires. WIRELESS: CUSTOMER understands that the installation of wireless equipment may interfere with any frequency produced by any existing equipment already installed onsite and may result in equipment failure; additionally, CUSTOMER understands that other existing wireless devices may interfere with proper functioning of COMPANY's wireless equipment. If COMPANY is asked to pin point the devices creating the interference that the CUSTOMER agrees to pay for any troubleshooting and investigating. TITLE AND SECURITY: the COMPANY retains title to. and ownership of. LEASED equipment. CUSTOMER shall not. directly or indirectly, sell, mortgage, pledge, or otherwise dispose of or encumber any LEASED EQUIPMENT. CUSTOMER shall. upon expiration or earlier termination of this agreement, promptly return to COMPANY all LEASED EQUIPMENT in good condition (or pay full replacement value). Upon removal of the equipment. COMPANY shall not have to repair, replace or otherwise re-establish the Premises to their original condition. SUBSCIBER agrees to execute all necessary documents to perfect COMPANY's security interest. and to provide proof of insurance if required by the COMPANY. MAINTENANCE, CARE AND WARRANTY OF EQUIPMENT: If Maintenance Services have been purchased COMPANY will provide all parts and labor to maintain equipment exclusively limited to that resulting from ordinary and proper use. It does not include replacement of equipment. which will be supplied to CUSTOMER at COMPANY's prevailing rate. If Maintenance Services have not been purchased, CUSTOMER shall pay COMPANY its usual labor and equipment repair charges after the end of the Warranty Period. COMPANY agrees to warrant the OWNED EQUIPMENT to be free from original defects in material and workmanship for a period of one (1) year after install at the given premises. CUSTOMER grants COMPANY reasonable access to maintain as necessary and to comply with COMPANY'S obligations stemming from this agreement. COMP AN Y's obligations under this section are in lieu of all other warranties, express or implied relating to the equipment. including implied warranties. of merchantability and fitness for a particular purpose. SMS HOURS OF WORK: It is mutually agreed that SMS's obligations under this Agreement shall be performed between the hours of 8:00 AM. and 4:30 P.M. exclusive of Saturdays, Sundays and holidays. If CUSTOMER requests service or inspection at any other time scheduling such appointment will be at the discretion of SMS, CUSTOMER agrees to pay the then current overtime rates charged by SMS. SMS does not offer emergency after hour's service. MEDIA: If SERVICES are provided by on-premises media such as compact disks, DVD's, hard drives, flash drives, etc., the media will be mailed, downloaded, or delivered to CUSTOMER and COMPANY shall promptly replace or remedy without charge any media that is defective upon receipt. CUSTOMER shall return all media at the time and in the manner designated by COMPANY and shall pay COMPANY the replacement value of each media that is not returned or in damaged condition. Under no circumstances shall title to the media pass to CUSTOMER, and CUSTOMER shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose of or encumber the media. OTHER CHARGES, FEES, AND TERMS: CUSTOMER agrees to pay COMPANY all Federal, State, and Local taxes, excises. permits. and fees as all dollars in this document are pre-tax. All charges after the down payment are Net 30 days of invoice. A late payment charge may be made on the past due balance. All shipments of Digital Media (including, but not limited to, compact disks and DVD's) are FOB COMPANY's distribution facilities. CUSTOMER shall pay any necessary charges for telephone-line, ISP, satellite. or data associated with the provision of the SERVICES. CUSTOMER shall pay a fee for each reconnection of the SERVICES following a cancellation due to non-payment or for any other reason. CUSTOMER DEFAULT: In the event of CUSTOMER'S default or violation of this Agreement, the balance of monies due for the unexpired term of this Agreement shall become immediately due and payable al the option of the COMPANY. COMPANY shall have the right, without notice, to enter the Serviced Premises of CUSTOMER and remove the equipment and any media and discontinue the Services. If COMPANY is required to bring legal action to enforce this Agreement. all legal fees and costs incurred in connection with such action shall be borne by the CUSTOMER. Further. any sale, transfer. closure or change in location of CUSTOMER's business by the CUSTOMER herein designated shall not reduce, eliminate or otherwise affect its obligation under this Agreement. ASSIGNMENT: CUSTOMER may not assign this Agreement without the prior written consent of COMP ANY. COMPANY may assign this Agreement or subcontract any of its obligations under this agreement without notice to CUSTOMER. GENERAL: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements. No modification of this Agreement shall be valid unless made in writing and properly signed by each party. The provisions of this Agreement are severable, if any clause or provision shall be held invalid or unenforceable. in whole or in part. then such invalidity shall attach only to such clause or provision, or part thereof. and shall not affect any other clause or provision. The COMP ANY shall have the right to modify or terminate this Agreement in the event that any license agreement applicable to the COMPANY's provision of the Services (including those with any Copyright Agency or Franchisor) is modified or terminated. CHANGE O D -II --- The following are the types of changes frequently encountered on jobs. Expect that many jobs incur changes as jobs develop, so plan in your budget for such changes. Internal Change Order: Client internally makes changes from the original scope and plan. Field Directed Change Order: Client dictates at site to field technician something that strays from the original scope and/or plan. External Change Order: Other external conditions(i.e . other subcontractor changes something causing deviation from the scope and/or plan) cause a change. Company: [st. Croix Valley ] Project Name: [North Rink Sound System ------l Location: [ 1675 Market Drive Stillwater, MN 55082 --J Add/Change: Total Price : Price does not include any oppftcoble loxes . Contact: Signature: Date: II PROJECT V ST Customer agrees to pay Sound and Media Solutions the sum of PAYMENT TERMS • Down payment of 20% is required on installation jobs over $5.000 II 111111 • For installations taking more than thirty (30) days, SMS reserves the right to require reasonable progress payments. • The price includes the system outlined above, any alterations or deviation from the system detailed in this Agreement involving extra materials or labor will be an additional cost to the CUSTOMER . • The price does not include any applicable state and local sales tax . • • Invoices will be sent to billing email address listed. PROPOSALS G -OF AGREEMENT IS VALID EVEN IF UNSIGNED BY SOUND AND MEDIA SOLUTIONS Customer acknowledges that he/she/it hos read and understands the entire agreement, including all the terms and conditions and any attachments hereto and certifies that he/she/it is authorized to sign this agreement. Sound and Media Solullons Eric Klingsporn SMS Representative Authorized Officer Signature Date CUSTOMER St. Croix Valley CUSTOMER (Company Name) Authorized Officer Signature litle Email Date SOUN D 1' rm M DI A 0 Presented to ·----- Presented by: Eric Klingsporn eric :fi:'soundandmediosolutions.com 507.3 i 6.6706 ,, Dear Doug Brady II II II 11 111 11111111 Sound and Media Solutions is a full-service Commercial Audio Video Integrator that designs and installs professional AV Systems. Through our cutting-edge technology, we offer a broad range of AV Solutions making us your one-stop-shop for Professional AV. We have proven reliability in our people and our products ranging from audio systems, video conferencing, multimedia presentation systems, background music and more. We are a certified Women Owned Business providing local support and long-term partnerships. If you have any questions about any of these costs or would like to discuss anything contained in this proposal. please feel free to reach out to me anytime. CUSTOMER I FO MATIO Customer Name: st. Croix Valley Site Address: 1675 Market Drive Stillwater, MN 55082 Email: recctr@ci .stillwater.mn.us Billing Address: 1675 Market Drive Stillwater, MN 55082 *Billing Email: recctr@ci.stillwater.mn.us Contact Name: Doug Brady Phone: 651-430-260 l PROJECT DESCRIPTION Summary -Objectives & Outcome II II 111111 Remove and replace St. Croix Valley Recreation Center South Rink Sound System Goals for new system: l. Highest Quality Dynamic Sound a. Highs, mids, lows b . Balanced audio c. Clear PA announcement 2. Ease of Use 3. Protect Equipment/Investment from public 4. Audio input at scorers table for use during games/on-ice events 5. Bluetooth audio input at scorers table for wireless connection 6. Wired Microphone input at scorers table for use during .games/on-ice events 7. Wireless microphone system incorporated into the sound system System Description -Functionality Requirements Sound and Media Solutions(SMS) will provide and install a high quality sound system at the St. Croix Valley Recreation Center South Rink in Stillwater, MN. In the main arena office. Existing floor standing rack will be re-used to house the head end equipment. A Furman power conditioner surge protector will be installed to protect the equipment/investment. All AC powered rack equipment will plug into the power conditioner. 20 Amp AC power will be provided by the customer. Four (4) QSC 2000 Watt dual channel power amplifier will power seventeen ( l 7) ultra high quality EA W l 09i loudspeakers and two (2) dual 12" driver EA W subwoofers mounted in the steel truss system of the arena. A Bia mp Nexia Digital Signal Processor will process, balance, and equalize the audio signals input into the system. Two (2) Biamp Red -l wall mount audio controls will be installed in two locations. One in the head end location and one at the scorers table location. A 3.5mm auxiliary audio jack will be wired and installed in the scorers box in a location for easy input of an audio source of the client's choosing(pc, laptop, ipad, smart phone, etc.). A Denon Bluetooth Receiver will be added as an input on the system and mounted below the scorers table for close proximity to the individuals connecting wirelessly to the sound system. A push button will be added to the scorers table for easy paring of devices to the bluetooth receiver. Instructions will be printed and mounted. An XLR input plate will be installed at the scorers table location for input of a new Audio Technica wired hand held microphone with stand. Handheld mic will have on/off switch. An Audio Technica 3000 Series wireless mic system with handheld microphone will also be input into the sound system. PROJECT SC System Description -CONTINUED SMS recommendation: 0 II II 111111 Client install a permanent enclosure similar the one pictured on this page along with an audio source(windows tablet. ipad, kindle fire, etc.) with a pre-loaded game music and sound effects app. New music can be downloaded to the device if it is linked to an association managed account like Amazon, iTunes, etc ... Rationale for a permanent source is to protect the sound system from various unknown devices being plugged into the system "hot" and then over-driving the speakers. Also, a permanent audio source prevents the auxiliary wire from being plugged in and out, which saves the system from experiencing crackle and pop associated with improper plugging in and out. Many Associations in Minnesota and elsewhere are moving toward this type of solution to protect their sound system investment. PROJECT D SC I TIO Ill Ill 111111111 Major Equipment -Components I Quantity 2 4 1 2 1 1 2 1 17 2 8 17 As Needed I Description STRONG 1 U Blank Panels QSC CMX2000V A Power Amplifier Furman P8 PRO C Power Conditioner Biamp Nexia CS Digital Signal Processor Biamp Red 1 Wall Control Araknis PoE+ 8 + 2 Network Switch Audio T echnica 3000 Series Wireless Microphone System Audio Technica Pro41 Wired Microphone Audio Technica AT8601 Mic Desk Stands RCI 3.5mm Auxiliary Jack RCI XLR Jack EAW 2041035-90 VFR 109i Loudspeakers White EA W 2041033-90 VFS220i Subwoofer White EAW Eye Bolts for SUB EAW 2039218-90 U Bracket White Chain, couplers, Cat 6 wire, 16/2 wire AC Power and Conduit as needed and provided and installed by others. AC Power at head end rack location needs to have 20Amp outlet and circuit. Lift provided by client or SMS can arrange lift and pass through cost of lift to client. PROJECT DESCRIPTION Exclusions/ Assumptions & Constraints II II 111111 All conduit. high voltage, wiring panels, breakers. relays, boxes. receptacles. etc.; Concrete saw cutting and/or core drilling; Fire wall. ceiling, roof and floor penetration; Necessary gypsum board replacement and/or repair; Necessary ceiling tile or T-bar modifications. replacements and/or repair; All millwork (moldings, trim, cut outs, etc.); Patching and Painting; Permits (unless specifically provided for and identified within the contract). OUTSIDE MUSIC SOURCE: Sound and Media Solutions is not responsible for the reliability of any outside music sources not provide by SMS and Mood Media. Any troubleshooting of issues related to other music are subject to additional labor charges. Construction Considerations Integrator & Client Responsibilities Client is responsible for all AC power requirements need for the installation of the sound and video systems. Client and a Sound and Media Solutions representative must discuss AC outlet power location/placement at earliest point following acceptance of agreement to assure ample time is allowed for scheduling. Key Milestones -Client/GC/lntegrator Equipment delivery Installation Room Ready Training Substantial Completion Project/Change Management Processes Deviation from the scope of the project as described in this section requires a change order form to be completed with subsequent charges applied to the job to be the responsibility of the client. See Change Order page for more details. TERMS and CONDITIONS Agreement dated 3/12/2020 by and between Sound and Media Solutions Inc . ("SMS" or "COMPANY") and Customer named above. COMPANY agrees lo provide CUSTOMER. and CUSTOMER agrees lo accept from COMPANY, al PREMISES, COMPANY'S service program, and the equipment, maintenance and other services (hereinafter collectively "SERVICES") as specified on pages above. LIMIT OF LIABILITY AND DAMAGES: COMPANY SHALL NOT BE LIABLE FOR DELAY IN INSTALLATION OF THE EQUIPMENT OR SERVICE OR INTERRUPTION OF SERVICE DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF COMPANY. IN NO EVENT WILL COMPANY, ITS EMPLOYEES. AGENTS OR REPRESENTATIVES. BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL. SPECIAL OR INCIDENTAL DAMAGES. Job Site Readiness: If CUSTOMER has confirmed the job site is ready for installation and COMPANY arrives to do work to discover the site is not ready, CUSTOMER will be charged for the trip. If CUSTOMER requests devices lo be installed in specific locations and COMP ANY discovers a header or bracing is in the way the COMP ANY is not responsible for damage and additional fees may be incurred lo change location of devices. For All Medical Applications and Services, Including, But Not Limited To, Nurse Call Or Patient Wander: CUSTOMER AGREES THAT COMPANY IS NOT RESPONSIBLE FOR PERSONAL INJURY OR OTHER LOSSES THAT ARE ALLEGED TO BE CAUSED BY IMPROPER OPERATION OR NON-OPERATION OF THE EQUIPMENT AND/OR SERVICE. CUSTOMER agrees that this Agreement limits COMPANY's liability to CUSTOMER unless COMPANY's actions are willful and wanton. Notwithstanding any contrary definitions found in any case low, CUSTOMER and COMPANY expressly agree that willful and wanton means conscious and intentional disregard of. or indifference to, the rights and safety of others. It is agreed that it would be impractical and extremely difficult to fix actual damages that may arise in situations where there may be a failure of equipment or services, due to the uncertain value. IN THE UNLIKELY EVENT THIS PROVISION IS FOUND TO BE INVALID FOR ANY REASON, AND ANY LIABILITY IS IMPOSED ON COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, IT WILL BE LIMITED TO SIX (6) TIMES THE SERVICE OR MAINTENANCE CHARGES PROVIDED ABOVE OR TWO HUNDRED FIFTY DOLLARS ($250.00), whichever is greater. INSURANCE: CUSTOMER agrees that COMPANY is not an insurer and that CUSTOMER shall obtain adequate insurance covering the equipment. personal injury and other damage or losses. No Subrogation: CUSTOMER does hereby for him/her/itself and other parties claiming under him/her/it, release and discharge COMPANY from and against all claims arising from hazards covered by CUSTOMER's insurance. it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against COMP ANY. CUSTOMER agrees that this section is not an exculpatory provision. but a risk shifting provision. It will apply to preclude any subrogation action without regard to COMPANY's conduct. INDEMNITY: CUSTOMER shall indemnify COMPANY and hold it harmless from and against any and all losses, claims, and expenses relating to the equipment and/or service provided hereunder. including without limitation losses caused by accidental fire, theft, improper operation, or misuse of the equipment. USE OF MUSIC SERVICES: CUSTOMER shall not transmit or permit the transmission of the Services by others or distribute the Services so as to be consumed outside the Serviced Premises. CUSTOMER shall not copy, record, dub, or transcribe the Services in any manner. as the Services may be copyrighted works. CUSTOMER shall not use the Services (i) to displace a live orchestra: (ii) as an accompaniment to dancing, skating, aerobics or other forms of physical activity or entertainment, or (iii) in those areas for which an admission fee is charged. CUSTOMER is responsible for Performance Fees, which may be associated with N usage. CUSTOMER is responsible tor Copyright and Programming Fees on music audio, which is broadcast through any TV. COMPANY pays for all other Copyright and Programming Fees covering the SERVICES provided by COMPANY. Any third-party increase in Copyright or Programming Fees during this Agreement will be passed onto the CUSTOMER and considered separate from any other Price Increase . INSTALLATION OF EQUIPMENT: CUSTOMER grants to COMPANY the right to install all necessary equipment for the SERVICES subject to any necessary third-party approvals. CUSTOMER is solely responsible for obtaining any third-party approvals for the installation of such equipment, and for all associated costs. CUSTOMER shall supply at CUSTOMER's expenses adequate electrical power and necessary outlets, conduit or bock boxes to affect installation. CUSTOMER bears all risk of loss to all leased and non-leased equipment as of the date that installation is substantially completed on the premises. CUSTOMER will provide a working internet network connection as needed for connection of our devices and will hove the internet cables available in head end room on day of installation or agree to pay COMPANY additional fee for running any internet wires. WIRELESS: CUSTOMER understands that the installation of wireless equipment may interfere with any frequency produced by any existing equipment already installed onsite and may result in equipment failure; additionally, CUSTOMER understands that other existing wireless devices ·may interfere with proper functioning of COMPANY's wireless equipment. If COMPANY is asked to pin point the devices creating the interference that the CUSTOMER agrees lo pay for any troubleshooting and investigating. TITLE AND SECURITY: the COMPANY retains title to. and ownership of. LEASED equipment. CUSTOMER shall not. directly or indirectly, sell. mortgage, pledge, or otherwise dispose of or encumber any LEASED EQUIPMENT. CUSTOMER shall , upon expiration or earlier termination of this agreement. promptly return to COMPANY all LEASED EQUIPMENT in good condition (or pay full replacement value). Upon removal of the equipment. COMPANY shall not have to repair, replace or otherwise re-establish the Premises to their original condition. SUBSCIBER agrees to execute all necessary documents to perfect COMPANY's security interest. and to provide proof of insurance if required by the COMPANY . MAINTENANCE, CARE AND WARRANTY OF EQUIPMENT: If Maintenance Services hove been purchased COMP ANY will provide all ports and labor to maintain equipment exclusively limited to that resulting from ordinary and proper use. It does not include replacement of equipment. which will be supplied to CUSTOMER at COMP AN Y's prevailing rate. If Maintenance Services hove not been purchased, CUSTOMER shall pay COMPANY its usual labor and equipment repair charges after the end of the Warranty Period. COMPANY agrees to warrant the OWNED EQUIPMENT to be free from original defects in material and workmanship for a period of one (l J year after install at the given premises. CUSTOMER grants COMPANY reasonable access to maintain as necessary and to comply with COMPANY'S obligations stemming from this agreement. COMPANY's obligations under this section are in lieu of all other warranties, express or implied relating to the equipment. including implied warranties. of merchantability and fitness for a particular purpose. SMS HOURS OF WORK: It is mutually agreed that SMS's obligations under this Agreement shall be performed between the hours of 8:00 AM. and 4:30 P.M. exclusive of Saturdays. Sundays and holidays. If CUSTOMER requests service or inspection at any other time scheduling such appointment will be at the discretion of SMS. CUSTOMER agrees to pay the then current overtime rotes charged by SMS. SMS does not offer emergency ofter hour's service . MEDIA: If SERVICES are provided by on-premises media such as compact disks, DVD's, hard drives. flash drives, etc .. the media will be moiled, downloaded, or delivered to CUSTOMER and COMPANY shall promptly replace or remedy without charge any media that is defective upon receipt. CUSTOMER shall return all media at the time and in the manner designated by COMPANY and shall pay COMP ANY the replacement value of each media that is not returned or in damaged condition. Under no circumstances shall title to the media poss to CUSTOMER. and CUSTOMER shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose of or encumber the media. OTHER CHARGES, FEES, AND TERMS: CUSTOMER agrees to pay COMPANY all Federal, State, and Local taxes, excises, permits, and fees as all dollars in this document are pre-tax. All charges ofter the down payment are Net 30 days of invoice. A late payment charge may be made on the post due balance. All shipments of Digital Media (including, but not limited to, compact disks and DVD's) ore FOB COMPANY's distribution facilities. CUSTOMER shall pay any necessary charges for telephone-line, ISP. satellite, or data associated with the provision of the SERVICES . CUSTOMER shall pay a fee for each reconnection of the SERVICES following a cancellation due to non-payment or for any other reason. CUSTOMER DEFAULT: In the event of CUSTOMER'S default or violation of this Agreement, the balance of monies due for the unexpired term of this Agreement shall become immediately due and payable at the option of the COMPANY. COMPANY shall have the right. without notice, to enter the Serviced Premises of CUSTOMER and remove the equipment and any media and discontinue the Services. If COMPANY is required to bring legal action to enforce this Agreement, all legal fees and costs incurred in connection with such action shall be borne by the CUSTOMER. Further, any sole, transfer, closure or change in location of CUSTOMER's business by the CUSTOMER herein designated shall not reduce, eliminate or otherwise affect its obligation under this Agreement. ASSIGNMENT: CUSTOMER may not assign this Agreement without the prior written consent of COMP ANY. COMP ANY may assign this Agreement or subcontract any of its obligations under this agreement without notice to CUSTOMER . GENERAL: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements. No modification of this Agreement shall be valid unless made in writing and properly signed by each party. The provisions of this Agreement are severable. if any clause or provision shall be held invalid or unenforceable. in whole or in part, then such invalidity shall attach only to such clause or provision, or part thereof, and shall not affect any other clause or provision. The COMP ANY shall hove the right to modify or terminate this Agreement in the event that any license agreement applicable to the COMPANY's provision of the Services (including those with any Copyright Agency or Franchisor) is modified or terminated . CHANGEO II II 111111 The following are the types of changes frequently encountered on jobs. Expect that many jobs incur changes as jobs develop, so plan in your budget for such changes. Internal Change Order: Client internally makes changes from the original scope and plan. Field Directed Change Order: Client dictates at site to field technician something that strays from the original scope and/or plan. External Change Order: Other external conditions(i.e. other subcontractor changes something causing deviation from the scope and/or plan) cause a change. Company: [st. Croix Valley Project Name: !south Rink Sound System Location: [ 1675 Market Drive Stillwater, MN 55082 Add/Change: Total Price: Price does not include any applicable laices . ' Contact: ·-- Signature: L Date: PROJECT VEST E Customer agrees to pay Sound and Media Solutions the sum of ;},.>:7/: .-_/':.:)_:: . _'·.'; ----- PAYMENT TERMS • Down payment of 20% is required on installation jobs over $5.000 II 1111 1111111 11 • For installations taking more than thirty (30) days, SMS reserves the right to require reasonable progress payments. • The price includes the system outlined above, any alterations or deviation from the system detailed in this Agreement involving extra materials or labor will be an additional cost to the CUSTOMER. • The price does not include any applicable state and local soles tax. • • Invoices will be sent to billing email address listed. PROPOSAL SIG -0 F AGREEMENT IS VALID EVEN IF UNSIGNED BY SOUND AND MEDIA SOLUTIONS Customer acknowledges that he/she/it has read and understands the entire agreement. including all the terms and conditions arid any attachments hereto and certifies that he/she/it is authorized to sign this agreement. Sound and Media SoluHons Eric Klingsporn SMS Representative Authorized Officer Signature Date CUSTOMER St. Croix Valley CUSTOMER (Company Name) Authorized Officer Sigmture litle Email Date Allied Productions & Sales 2425 Enterprise Drive Suite 900 Mendota Heights, MN 55120 Phone: 651-451-6846 Email: dan@allied.productions Customer St Croix Valley Recreation Center 1675 Market Dr . Stillwater, MN 55082 Doug Brady 651.430 .2601 recctr@ci .stillwater.mn .us DATE: QUOTE# Customer ID Valid 30 Days REP: Customer PO QUOTE 3/27/20 32720-01 SCVRC DLP DESCRIPTION QTY TAXED AMOUNT SUBTOTAL RCF P 311ST WEATHERPROOF COAXIAL TWO WAY SPEAKER 14 y $13 ,750 .21 RCF P 80155 OUTDOOR/INDOOR SUBWOOFER 6 y $4 ,581.95 RCF MZ 8060 AUDIO MATRIX PROCESSOR 1 y $1 ,309 .91 RCF IPS 3700 2 X 1500 W CLASS H PROFESSIONAL POWER AMPLIFIER 3 y $2 ,290 .97 RCF IPS 2700 2 X 1100 W CLASS H PROFESSIONAL POWER AMPLIFIER 7 y $3 ,433.73 EV EVID -S 8.2 Speaker Cabinet 8 y $1 ,767 .78 QSC ISA1350 Commercial Power Amplifier y $1 ,387.48 XILICA Solaro QR1 Quarter Rack Modular DSP Framo 1 y $644 .00 XILICA PC -2ML -1 Two -C hannel Analo g Aud io Input Card 2 y $126 .50 XILICA PC -2L -O Two Channel Analog Audio Output Card 3 y $120.75 XILICA XTouch50 5" Touchscreen Control Panel y $776 .25 I North Arena Audio Subtotal $30,189.51 RCF P 3115T WEATHERPROOF COAXIAL TWO WAY SPEAKER 6 y $5,892.95 RCF IPS 2700 2 X 1100 W CLASS H PROFESSIONAL POWER AMPLIFIER 3 y $1,471 .60 EV EVID -S 8.2 Speaker Cabinet 8 y $1 ,767 .78 QSC ISA 1350 2 X 1500 W Commercial Power Amplifier y $1 ,387.48 XILICA XTouch50 5" Touchsc reen Control Panel y $776 .25 I South Arena Audio Subtotal $11,296.05 MIDDLE ATLANTIC DWR -24 ·22 24 -Space Sectional Wall Rack at 22 " Depth y $749.18 MIDDLE ATLANTIC DWR · 16 -22 16-Space Sectional Wall Rack at 22 " Depth y $567 .08 FURMAN ASD -120 2.0 AC Sequenced Power Distributor y $691 . 76 FURMAN PL-PRO DMC 20A Power Conditioner with Voltage Protection y $368 .08 12ga . / 2 Conductor Installation Grade Cable (per ft .) 6400 y $4 ,608 .00 Cat5e Ethernet Cable -Solid Copper, White (per 1,000 ft.) 2 y $183 .60 I Control and Interconnect Subtotal $7,167.71 HIGH END SYSTEMS Hog 4 Single Universe USB to DMX Interface for Hog 4 PC y $629 .70 MICROSOFT Surface Pro 7 -12 .3" Touch -Screen -10th Gen Intel Core i5 - 8GB Memory· 128GB SSD 1 y $1 ,000 .00 Unistrut 1 5/8" x 1 5/8" Galvanized Steel (10 ft .) 56 y $1,481.20 Unist rut Hangers ft Mounting Hardware 56 y $515 .20 5 Pin XLR Data Connector (f) 20 y $115 .00 5 Pin XLR Data Connector (m) 20 y $115.00 5 Conductor Data Cable (per ft.) 600 y $207 .00 I Lighitng System Subtotal $4,063 .10 Scissor lift (25' -28') -weekly Scissor lift -Delivery & pickup Patch cable, panels & connectors (EST.) I .·. Project lead, LVCC technician (per hr.) Audio project lead (per hr.) Lighting project lead (per hr.) I Install technician -general (p er hr .) SPECIAL NOTES : MISC. Subtotal Inst all Labor Subtotal Shipping is ESTIMATE only, actual cost will be billed upon delivery Existing audio system to be removed by SCRC staff prior to start of new equipment installation Installation of necessary electrical services is not included in this proposal, specifications available on request 2 55 55 55 y y y y y 165 Y Subtotal Tax (7.125%) Shi pp in g (EST.), TOTAL Due If you have any questions about this price quote, please contact Dan Pearson, 651-451-6846 x103 or E-mail dan@allied.productlons www.allied.productions Thank You For Your Business! $1 ,140.00 $330.00 $2,658.00 $5,500.00 $6,050.00 $6,050.00 $7,42 5.00 $4,12 8 .00 $25 025.00 $81,869.37 > $5 ,833 .19 s2 ,200.oo l $89,902.57 Alchemy Sound and Vision 2112 Broadway St NE #115 Minneapolis, MN 55413 US +1 6123333703 invoices@alchemysoundandvision.com ESTIMATE# 6210 ADDRESS St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 DATE 01/16/2020 Estimate EXPIRATION DATE 01/16/2020 SHIP TO St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 SHIP DATE SALES REP 01/16/2020 PL DESCRIPTION QlY RATE South Rink Replace Audio Stands CONTROL 29AV·1 JBL Premium Indoor / Outdoor Monitor 28 489.00 Speaker MTC-29UB JBL LI-Bracket for Control 29AV, BLACK 28 76.00 Over Ice CONTROL 67 PT JBL 6.5" Extended-Bass Pendant 12 380.00 Speakers Subwoofers ASB6128 JBL PRO HIGH POWER DUAL 18" 2 2,890.00 SUBWOOFER 16-2 WEST PENN 225-BK 16 AWG 2 Conductor 1,500 0.27 Speaker Wire, BLACK 12-2 WEST PENN 227-BK 12 AWG 2 500 0.58 CONDUCTOR SPEAKER CABLE.BLACK CAT6E Cat 6 Wire -1 000' feet 500 0.30 22-2S WEST PENN 291-BLK 22 AWG Signal 600 0.30 Wire, Black MISC Misc Parts, Wire , Fasteners, Ends, 250.00 Connections , ETC . Electronics CD12/1200 COi Drive Core series amplifier with dual 2 1,830.00 1200watt outputs CD12/300 Crown CDi DriveCore 21300 Analog input, 2 1 975.00 channel, 300~ per output channel, Amplifier MA50001 CROWN Amplifier with Dual Inputs and 1 3,675.00 Dual 2500W Outputs BLU-100 BSS AUDIO 12X8 AUDIO PROCESSOR 1,899.00 AMOUNT 0.00 0 .00 13,692.00T 2,128.00T 0.00 4,560.00T 0.00 5,780.00T 405.00T 290.00T 150.00T 180.00T 250.00T 0.00 3,660.00T 975.00T 3,675.00T 1,899.00T DESCRIPTION QTY RATE AMOUNT AU-MMS-1E Autonomic® Mirage eSeries Music 2 518.00 1,036.00T Streamer WALL PLATES Wall Plates 3 18.00 54.00T RMC4 3-Series® Room Media Controller 885.00 885.00T AN-300-RT -4L2W Araknis Networks 300-series Dual-WAN 286.00 286.00T Gigabit VPN Router AN-1 OO-SW-R-16 Araknis Networks 100-series 16-port 191.00 191.00T Unmanaged Gigabit Switch with Rear Ports AN-300-AP-I-N Araknis Networks 300 series Indoor 3 221.00 663.00T Wireless Access Point IPAD (deleted) Customer supplied iPad 3 0.00 O.OOT LABOR Install Labor 112 80.00 I 8,960.00 PROGRAMMING Remote and System Automation 12 95.00 1,140.00T Programming I Subtotal: 50,859.00 North Rink replace audio 0.00 Stands 0.00 CONTROL 29AV-1 JBL Premium Indoor / Outdoor Monitor 14 1 489.00 6,846.00T Speaker MTC-29UB JBL LI-Bracket for Control 29AV, BLACK 14 76.00 1,064.00T over ice 0.00 CONTROL 29AV-1 JBL Premium Indoor I Outdoor Monitor 6 489.00 2,934.00T Speaker MTC-29UB JBL LI-Bracket for Control 29AV, BLACK 6 76.00 456.00T 16-2 WEST PENN 225-BK 16 AWG 2 Conductor 2,500 0.27 675.00T Speaker Wire, BLACK MISC Misc Parts, Wire, Fasteners, Ends, 1 250.00 250.00T Connections, ETC. CD12/1200 CDI Drive Core series amplifier with dual 1 1,830.00 1,830.00T 1200watt outputs LABOR Install Labor 46 85.00 3,910.00 Subtotal: 17,965.00 SUBTOTAL 68,824.00 TAX (0) 0.00 TOTAL $68,824.00 Accepted By Accepted Date Alchemy Sound and Vision 2112 Broadway St NE #115 Minneapolis, MN 55413 US +1 6123333703 invoices@alchemysoundandvision.com ADDRESS Estimate SHIP TO St Croix Valley Rec Center 1675 Market Dr St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 Stillwater, MN 55082 ESTIMATE 6~73 SALES REP PL XI.RENDS XI.RENDS EP4 AC5CDMX300 LABOR Accepted By DATE 04/29/2020 DESCRIPTION Lighting Install EXPIRATION DATE 04/29/~020 5 pin male XLR ends 5 pin female XLR ends OBSIDIAN NETRON EP4 ARTNET TO DMX GATEWAY WITH 4 OUTPUtS ACCU CABLE 300FT AOU OF 5CDMX labQr to cable, set up system and program SUBTOTAL TAX (0) TOTAL Accepted Date QTY 20 20 1 3 16 AATE 9.00 .9.00 566.00 189.00 85.00 AMOUNT 0.00 180.00T 180.00T 566,0.0T 567.00T 1;360,00 2,853.00 0,00 $2,853.00 Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number I._H_e_rb_B_r_oo_k_s_F_o _un_d_a_ti _on ________________ ___.l ..... JF_eb_r_u_ary_2_00_6 ___ _.I ..... 14_1-_1_49_3_7_66 _____ __. Address City State Zip Code ._! 1_?0_0_-_1_o_st_h_A_v_e_nu_e_N_E ____________ ~I ..... IB_la_in_e _____ __.l ._IM_in_n_e_so_ta ___ _.l ..... !s_s4_4_9 ___ _, Name of person making application Business phone Home p hone ..... !Jo_n_L_._c_h _er_n_ey ___________________ ___.l .__!7_6 _3-_78_5_-_s6_4_s ___ _.l ~17-63---20..:...8-2--9-27----~ Date(s) of event Type of organization D Microdistillery D Small Brewer ~,Ja_n_u....;.a-'-ry_2_8 ___ 3_0,-2-0-22-------------~I D Club D Charitable D Religious ~ Other non-profit Organization officer's name City State Zip Code !Jon L. Cherney 1 I Blaine 1 1 Minnesota I !ss449 Organization officer's name City State Zip Code !Minnesota II Organization officer's name City State Zip Code I I !Minnesota 11 Location where permit will be used. If an outdoor area, describe. The Fire & Ice Pond Hockey Tournament will take place at Lily Lake Park in Stillwater, MN. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. West Bend Mutual Insurance Company $1,000,000 coverage amount APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Please Print Name of City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US (0 Q) ... (0 Q) -~ C: +-' 0 0 >-- -C: ! C: ·-£ t 0 C) ~ 0 C: ~{ ..c:: ..c:: ~ 0 +-' 0 0 0 l (.) C: 0 <( I 0 0 0 .SL' ,Sl lht~t. a::,ueJiua JaABld .. r.~J T I [ : .. ;'T ~~·; 1 u u l < (ti Q) ,Sl ,Sl I... (ti ..... 0 - C) C :.s2 I... (ti a.. Lily Lake Ice Sheet Ice Sheet ~~ ~~ Water Source & Rec Building Tent Ice Sheet Ice Sheet Food Food Beer Truck Truck Trailer Edge of parking lot Parking Lot re & Ice -Jan 29 , 2022 Jnd Hockey Beer Tent Pictj1c Table w/I3en~hcs • ... • .:'.l~ Picrlic Tab le w/Bcn~hcs 0 0 -~ h j] O O I l !H O 0 -IJj 'I>) '~'"'I Pic~ic Tab lc~,v/Ben~hcs .... .....:1• Pi e ic Table w/Bon hes D",.,"'r"'rl h,, , December, 15 2021 Beth Wolf City Clerk 216 Fourth Street Stillwater, MN 55082 Dear Beth, This is a reminder of the Price Increase that will be effective January 1st 2021 per the contract. The increase will be .3.5% on the disposal portion of the contract. There is a scheduled increase of $3 per ton at Ramsey County Waste to Energy Facility, that starts 1/1/2. Per the Contract, it states the increases will be negotiated by the City and contractor. Terms from the contract: Details of the price increase on following page. Thank you for your business. Sincerely, Jason Hartman Waste Management Public Sector Representative 952-229-5333 The increase was $3 on disposal was effective 1/1/22. Sr 35 Gallon $2.06 x 1.035 or 3.5% increase = $2.13 which is a $0.07 increase 35 Gallon $2.42 x 1.035 = $2.50 $0.08 64 Gallon $4.75 x 1.035 = $4.91 $0.16 96 Gallon $7.67 x 1.034 = $7.67 $0.25 City of Stillwater Washington County, Minnesota RESOLUTION 2021‐ RESOLUTION DESIGNATING 2022 ELECTION POLLING LOCATIONS WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, Minnesota Statute 204B.16, subd. 1, states that by December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution a polling location for each election precinct. WHEREAS, designated in this resolution are the polling locations for 2022 calendar year unless a change is made: (1) pursuant to section 204B.175; (2) because a polling place has become unavailable; or (3) because a township designates one location for all state and federal elections and one location for all township only elections. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council hereby designates that the following polling locations for the any special elections in the City and will be open from 7:00 am to 8:00 pm for voting: Ward 1, Precinct 1 – First United Methodist Church, 813 Myrtle Street W Ward 1, Precinct 2 – St. Paul Lutheran Church, 609 5th Street S Ward 2, Precinct 3 – Ascension Church, 214 3rd Street N Ward 2, Precinct 4 – Trinity Lutheran Church, 115 4th Street N Ward 3, Precinct 5 – Stillwater Readiness Center (Armory), 350 Maryknoll Dr Ward 4, Precinct 7 – Our Saviors Lutheran Church, 1616 Olive St W Ward 4, Precinct 8 – Rutherford Elementary School, 115 Rutherford Rd Adopted by the Stillwater City Council this 21st day of December 2021. _______________________________________ Ted Kozlowski, Mayor ATTEST: ____________________________________________ Beth Wolf, City Clerk 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 Website: www.ci.stillwater.mn.us TO: Mayor & City Council FROM: Tom McCarty, City Administrator DATE: December 17, 2021 SUBJECT: 2022 State Legislative Consulting Services Proposals - Recommendation Accepting Most Responsive Proposal and Authorizing Agreement for Services BACKGROUND INFORMATION Based on City Council direction, a Request for Proposals (RFQ) for State Legislative Consulting Services was issued in November 2021 and proposals were due on December 6, 2021. The City Council appointed the Mayor, Council member Odebrecht and the City Administrator to review the proposals and conduct interviews with vendor representatives. The City received four (4) proposals in response to the RFQ as shown on the attached document. RECOMMENDATION Following a review of the proposals and interviews conducted on December 15, 2021, including a review of the proposed services, familiarity and knowledge of the state legislative process and background and experience of the consultant staff assigned to the City, the review team recommends acceptance of the proposal from Lockridge Grindal Nauen, PLLP, in the amount of $40,000, as best meeting the needs of the city for the provision of state legislative consulting services. Funds for legislative consulting services are included in the adopted 2022 City Council professional services and contractual accounts. The review team also recommends that the City Attorney and City Administrator proceed to finalize a professional services agreement with Lockridge Grindal Nauen PLLP for the provision of these services and that the Mayor and City Clerk be authorized to sign all necessary documents on behalf of the City. The review team recommends that the City Council approve the attached resolution titled “Accepting Proposal and Awarding Professional Services Agreement to Lockridge, Grindal Nauen, PLLP, for Provision of State Legislative Consulting Services for the City of Stillwater. City of Stillwater Washington County, Minnesota RESOLUTION 2021‐XXX RESOLUTION ACCEPTING PROPOSAL AND AWARDING PROFESSIONAL SERVICES AGREEMENT TO LOCKRIDGE, GRINDAL NAUEN, PLLP FOR PROVISION OF STATE LEGISLATIVE CONSULTING SERVICES FOR THE CITY OF STILLWATER WHEREAS, the City of Stillwater distributed a Request for Quotes (RFQ) for Legislative Consultant services on November 19, 2021 to assist the City in lobbying for state legislation and state funding requests that would assist the City of Stillwater in achieving its strategic plan goals; and WHEREAS, the City Council appointed a review group of consisting of the Mayor, one Council member and the City Administrator to review proposals received in response to the RFQ and conduct interviews of the responding firms; and WHEREAS, based on an analysis of the four (4) proposals received by the City and interviews conducted on December 15, 2021, the review group recommends acceptance of the proposal and award of the professional services agreement to Lockridge Grindal Nauen, PLLP, as the most responsible proposal for the provision of state legislative consulting services that best meets the needs of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, as follows: 1. The state government legislative consulting services proposal from Lockridge Grindal Nauen PLLP, is hereby accepted; 2. The professional services agreement best meeting the needs of the City is awarded to Lockridge Grindal Nauen, PLLP for provision of state legislative consulting services for the City of Stillwater for the period January 1 – December 31, 2022 in the amount of $40,000. 3. Approves and directs the City Administrator and City Attorney to prepare and finalize a professional services agreement between the City of Stillwater and Lockridge Grindal Nauen, PLLP, for provision of state legislative consulting services for the City of Stillwater and authorizes the Mayor and City Clerk to execute said professional services agreement. Adopted by the City Council this 21st day of December, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST Beth Wolf, City Clerk City of Stillwater RFQ for Lobbying Services Proposal Due Date Monday, December 6, 2021 12:00 PM CST Vendor Name RFQ Rec’d Total Cost Term Fredrikson and Byron X $32,000 Jan 1 – Dec 31, 2022 St. Paul, MN State only Andy Pomroy Cody Holliday Tara Mack Hylden Advocacy & Law X $40,000 Dec 21 – June 1, 2022 Minneaplis, MN (paid $8,000/mo) State only Brian McDaniel Amy Koch Natalia Madryga Isabella Rojas Lockridge, Grindal, Nauen, PLLP X $40,000 Jan 1 – Dec 31, 2022 Minneapolis, MN State only Ann Lenczewski Angie Huss Cullen Sheehan Ryan Kelly $50,000 Jan 1 – Dec 31, 2022 Emily Tranter Federal only Penny Farthing Libby Law Office X $42,000 Jan 1 – Dec 31, 2022 St. Paul, MN (paid $3,500/mo) State only Bill Strusinski Les Heen Buck McAlpin Kirsten Libby Memo To: Mayor and City Council From: Jason Grode, Parks Superintendent Meeting Date: December 21, 2021 Re: 2022 Fire & Ice North Lowell Park Event Application BACKGROUND The Greater Stillwater Chamber of Commerce has submitted an event application for a special event permit to hold the 2022 Fire and Ice event at North Lowell Park on January 28, 2022 through January 30, 2022. This returning event in Stillwater will utilize North Lowell Park and Mulberry Circle. This event features 3-5 Hot Air Balloons (weather permitting), a beer tent and fire pits. On Saturday, January 29, 2022, they are planning on having the historic ice cream social. They are proposing to have set up occur starting on January 27, 2022, and clean up to occur on January 31, 2022, with a total of 5 days (3 days for the event + 2 days for the setup and cleanup). The Parks and Recreation Commission recommended approval of the event application and use of North Lowell Park. The Downtown Parking Commission recommended approval and charging parking related fees. Parking fees for reserving Mulberry Circle for 5 days at $3.00 per spot/day would be $315.00. All other associated event fees will be invoiced according to the City’s 2021 Fee Schedule including: application fee ($50), application late fee ($100), event set up fee ($500), event base fees for 3 days ($1,500), costs for barricades for 5 days ($50), portable restroom rental ($580.50), Stillwater Police staffing costs, electrical use at the lower amphitheater stage for 3 days ($375). These fees will total at least $3,470.50 + Police staffing costs. The Greater Stillwater Chamber of Commerce has submitted a letter requesting waiving of fees related to this event, which is included in this packet. ACTION REQUIRED The City Council should review the event application materials. If Council wishes to approve the special event, they should pass a motion approving the 2022 Fire and Ice North Lowell Park Event Application and Temporary Liquor License, subject to coordination of the e vent with the City’s Police Department, Fire, EMS and Public Works to meet the City’s requirements. If the City Council wishes to waive event fees per the request, it should be specified which fees will be waived, if any. Attachments: Event Application, Site Plan and Request for Fee Waiver Letter 333 Main Street North #202 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com Bridging Business & Community November 4, 2021 Mayor and Council Members City of Stillwater 216 4th Street North Stillwater MN 55082 Dear Mayor and Council Members: As part of the Wintertime in Stillwater Campaign initiated last year, and in conjunction with the City’s strategic plan to strive to make Stillwater a year-round destination, the Greater Stillwater Chamber of Commerce (Chamber) is looking to host again the Fire and Ice event January 28-30, 2022. We are excited to partner with the City of Stillwater again for locals and visitors to enjoy this winter experience in downtown and up on the hill both. Sara Jespersen is managing and executing the pond hockey at Lilly Lake in partnership with the Herb Brook Foundation. We are seeking City Partnership for this event which includes: • In-kind use of the North Lowell Park • In-kind use of electric • A link on the city website to the event site • City promotion of the event • Possible storage for the snow forms and some small equipment • In-kind plowing and snow removal – understanding that if there is a snow emergency the priorities are the city • In-Kind Public Safety The Chamber’s Partnership will include: • The event would be hosted by the Chamber in partnership with the City of Stillwater…. • The City logo will be placed on our website and listed as a sponsor on all marketing materials Thank you for your consideration and the opportunity to continue our collaborative efforts bringing Wintertime to Stillwater. Warmest Regards, Robin Anthony, IOM Executive Director/President Greater Stillwater Chamber of Commerce cc: Tom McCarty, City Administrator; Beth Wolf, City Clerk; Jason Grode, Parks Superintendent • w_ater EVENTS PERMI T APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-411~~ TN! IIUHHACa OP MINNIIDTl Email: pubwrks@cl.stlllwater.mn.us Incomplete applications or applications received after deadline wl/1 not be ~~~tClo.1¥. accepted. See Event Instructions for application deadllne and fees . Date Application RecE ved Date of Application: 1112121 Type: Event Spe, ial Event Event w/ Contract Event Information Title/Name of Event Fire & Ice Event Date/T ime : Set up: Date 1/27/21 Time 9am to 6pm Actual Event: Date 1 /28/21-1 /30/21 Time 10am to 10pm Clean up: Date 1/31/21 Time 6am to 6pm (Events after 10:00 p.n • reciulre a variance from ~ity Council Loc ation (Address) of Event : Lowell Park-North Side Only & Mulberry Circle (I f In Lowell Park please specify north or south Lowell park) Description of Event (please be specific· this Information will be used to promote the event on the City of Stillwater website) The Fire & Ice event will feature 3-5 Hot Air Balloons (weather permitting), a beer tent and fire pits. A dditionaly on Saturday, the historic Ice Cream Social will take place. This event is in conjuction with the Fire & Ice Pond Hockey oumament taking place on Lily Lake (separate application) Estimated Attendance (participants and spectators): Appllc;;int Information (Person/Group Responsible) Sponsoring Organization Name: Greater Stillwater Chamber of Commerce Mailing Address: 333 Main St. N. Ste. 202 City, State, Zip Code: Stillwater MN 55082 Primary Contact/Applicant Name : Robin Anthony, Executive Director Phone Number : 651-439-4001 Fax: Cell Phone: 612-E 60-0947 Email Address: director@greaterstillwaterchamber.com Website Address: greaterstillwaterchamber.com Name of contact person during event: Robin Anthony, Executive Director Cell Phone : 61N 60-0947 Alternate contact during event: Lindsay Belland, Events Coordinator Cell Phone: 651-! 55-8065 Refer media or citizens inquires to: Stacie Jensen, Communications Manage Phone: 651...1 39-4001 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. lnclud e any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or wall<, please attach a route map highlighting route. Include rest stop stations, crossings, sig1 ~age and indicate rc,Llte direction with arrows. Event Features Will any signs/banners be put up No D Yes [8J Number and size: -rt? D Will there be any inflat ables? No I&] Yes D Insurance certificate from rental vendor s required Will there be ent ertainment ? No [&] Yes D Wh at type: Fees far electricity may ':::...J apply see lnstrudlons Wi ll sound amplification be used? No D Yes I&] Hou rs a nd Type: Johnny's TV Music over two speakers W ill a stage or tent(s) be set up? No D Yes [8J Dimension s: 20x60 Tent Wi ll t here be temporary fencing? No I&] Yes D W i ll merchandise/food items be sold? No D Yes [8J How many )-3 Fees f or eler;tricity may vendors expected : apply see Instructions Will food be prepared on site? No • Yes fZ Contact Wash ington County Health Depc !rtm en t, 651-430-6655 Will cooking operations be conducted? No ~ Yes~ Contact St/I/water Fire Department, 351 950 Will alcohol be served but not sold? No IZI Yes D See Alcohol Regulations in the Instruct/or s Will alcohol be sold? No D Yes ~ See Alcohol Regulations in the lnstruetior s Will there be a fireworks display? No JEl Yes D Permit requ ired, contact Stillwater Fire D partment, 651-351-4950 Describe power needs and location of power source. Electric box north of lower stage-will be running extension cords to power ten t li ghts/heat .. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sampl e if available Social Media, press release , local papers, flyers City Services (After reviewing the event application, City services may be requried for the e vent.) Will event use , close or block any of the following : If yes specify location o n site map. City Streets or Right-of-way No D Yes [8J St art/End Time: 6am-10pm Date: 1/27-1/30/21 City Sidewalks o r Trails No ~ Ye s D Start/E n d Time: Date: Pu bl ic Pa rk ing Lots or Spa ces No [8J Yes D St art/End Time: Date: Will eve nt nee d barricade(s)? No D Yes ~ Number needed: 2 Fees may apply see Instructions Will extra picnic tables be needed? No IZI Yes D Number needed : Fees may apply see Instructions Will portable restrooms be needed? No D Yes ~ Nu mbe r needed : Feu may apply ue Instructions Will extra trash receptacles be needed? No D Yes ~ Number needed : Feu may opp/y see lnstnJctlons Describe trash removal and cleanup plan during and after event: Contracted with Maroney's & Onsite Will event need traffic control? No ~ Yes D Contact St/I/wa ter Police Department or assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and specta t ors: 5 '19na.cy-'?-v-6 I u.. Y\, + -e-e "°' _s Will "No Parking Signs" be needed? No I&] Yes D Number needed: Fees may apply see Instructions Show lacatlan{s) on site map Will event need security? No % Yes D If event Is overnight, security w/11 be ri quired. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No I&] Yes D Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: .. Call 911 Describe the emergency action plan if severe weather should arise: .. Move indoors-surrounding buildings List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from ,nd against all damages t o persons or property, all expenses and other /lablllty that may result from this activity. Depending on the size c 'f and scope of the event a "Certificate of Insurance" may be required. ff insurance is required, the policy must be kept in force du ring thi j even t of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of th ~ events auth oriz ed and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or autho lrized rep re sentative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this eve r,t based up on the information provided in this ann/ication. I realize my submittal of this application request constitutes a contr< ct between myself and the ~~ 11/ (_,,;~, . l..,~ ---~ u[Applicant oTAuthorize'lhtgent Date V Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TIY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organ ized Tax exempt number Llst_ll_lw_a_te_r_Su_m_m_er_T_u_es_d_ay_s _______________ _.l! ~ ------~ '---------~ Address Ci t y State Zip Code ..... l1 _01_w_at_e_r s_tr_e_et_s ______________ ~[ ..... lst_i l_lw_a_te_r ____ _.! i._M_N _____ ~j ~15_5o_s_2 ___ __, Name of person m aking application Business p ho ne Home phone l._c _ory_B_ue_t_tn_e_r __________________ ___.I 1(651) 351-3943 Date(s) of event Type of organization D Microdistillery D Small Brewer ,-pa_n_u--ary-28_t_h_a-nd_2_9_t-h,-2-02-2------------,] O Club D Charitable O Religious ~ Other non-profit Org anization officer's name City State Zi p Code l._c _o r_y _Bu_e_tt_ne_r _____________ ____.[ lstillwater ! IMN j .__ls s_o_s2 ___ _, Org anization officer's name City State Zip Code .____ __________ I I !MN I .__I --~ Organization officer's name City State Zip Code '---------------' '-----~ .__IMN __ ~I I .__ --~ Location where permit will be used. If an outdoor area, describe. The Fire and Ice event will take place in Lowell Park, downtown Stillwater, MN If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. McGarry Kearney Agency, Inc APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNlY BEFORE SUBMITIING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Ap p roved Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Please Print Name of City Clerk or County Official CLERKS NOTICE : Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY /COUNTY TO AGE.TEMPORARY APPLICATION@STATE.MN.U S Vendors/Sponsor Tents Snow Slide Firepits Hot Air Balloons Food TrucksFire and Ice ARRRR Alcohol Perimeter Beer/Ice Cream Tent To: Mayor and City Council From: Jason Grode, Parks Superintendent Meeting Date: December 21, 2021 Re: 2022 World Snow Sculpting Championship (WSSC) Event Application BACKGROUND The Greater Stillwater Chamber of Commerce has submitted an event application for a special event permit to hold the 2022 World Snow Sculpting Championship (WSSC) at North Lowell Park on January 18, 2022 through January 23, 2022. This is a new event here in Stillwater where teams from around the world will travel to Stillwater, MN, to create snow sculptures while competing for prize money and the title of World Champion. This will be a judged event that will include social events, activities, award ceremonies and entertainment open to the public. Set up will occur starting on January 04, 2022 and go to January 18, 2022, when the event begins. Clean up will occur from January 23, 2022 to January 25, 2022. The Chamber of Commerce is requesting to reserve parking lots 4 & 5 for the setup, cleanup and the event from Thursday, January 13 through Monday, January 24 (12 days). The entire parking Lot #9 would need to be reserved for snowmaking from Monday, January 4 through Monday, January 17 (15 days). During the event, they are requesting to reserve only 8 spots in Lot #9 (7 days) and they would like to reserve Mulberry Circle for the week of the event for shuttle services (7 days). Additional handicapped parking would be available in Lot 9 during the event. The snow making process may require making snow into the overnight hours in parking lot #9 when temperatures are ideal for snow making. The equipment used for this process can reach sound levels of 83 to 116 decibels (dB). City Ordinance Sec. 38-3 prohibits noise between the hours of 10:00 pm and 8:00 am, however the event organizer is requesting a waiver for these hours during the duration of set up from January 4 through January 17. Most likely they will not be making snow overnight on all of those dates, but only when temperatures are ideal for making snow. Included in this packet is a spreadsheet with the City fees associated with this event to be invoiced according to the City’s current event fee schedule. City fees and costs would likely exceed $31,000. Also included in this packet is a letter from the Chamber of Commerce requesting the waiver of fees associated with this event. ACTION REQUIRED The City Council should review the event application materials. If Council wishes to approve the special event, they should pass a motion approving the 2022 World Snow Sculp ting Championship Event Application, Contract and Temporary Liquor License, subject to coordination of the event with the City’s Police Department, Fire, EMS and Public Works to meet the City’s requirements. If the City Council wishes to waive event fees per the request, it should be specified which fees will be waived, if any. If the City Council wishes to approve the noise ordinance waiver for January 4 – January 18, 2022, they should pass a motion approving that request. Attachments: Event Application, Contract, Site Plan and Request for Fee Waiver Letter EVENTS PERMIT APPLICATION THt IIUHPLACI U MINNIIOTA 216 North 4th Street, Stillwater, MN 55082 Telephone: 651 -430-8837 Fax: 651-430-8810 In comp l ete applications or applications received after deadline will not be accepted. See Event In structions for application deadline and fees . Date of Application : _0_90_7_2_0_2_1 ________ _ Event Information Title/Name of Event World Snow Scu lpting Championship Event Date/Time: Set up: Date 01/10/2022 -01/18/2022 Actual Event: Date 01/18/2022 -01/23/2022 Clean up: Date 01/23/2022 -01/25/2022 Location (Address) of Event: North Lowell Park (If In Lowell Park please specify north or south Lowell park) Office use On ly Date Application Received ------ Type: Event Special Event Ev ent w/ Contract Time 8am to 5 pm Time 4pm to 6 pm Time 7pm to 5 pm (Events after 10:00 p.m . require a variance from City Council Description of Event (pleas e be specific -this Information will be used to promote the event on the City of Stillwater website) The Greater Stillwater Chamber of Commerce is honored to host the Inaugural World Snow Sculpting Championship competition sanctioned by the Association Internationale de Sculpture sur Neige et Glace based in Finland . Teams from around the world will travel to Stillwater, Minnesota to create amazing snow sculptures while competing for prize money and the title of the World Champion. This will be a judged event and will include social events, activities, ceremonies, the people's choice award, and will be fun for the whole family . Estimated Attendance (participants and spectators ): 30,000-50,000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Greater Stillwater Chamber of Commerce Mailing Address: 333 Main Street North #202 City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Robin Anthony Phone Number: 651-439-4001 Fax: Cell Phone: 612-860-0947 Email Address: director@greaterstillwaterchamber.com Web site Address : worldsnowsculptingStillwaterMN .com Name of contact person during event : Robin Anthony Cell Phone: 612-860-0947 Alterna te contact during event: Lindsay Belland Cell Phone: 651-439-4001 Refer media or citizens inquires to: Robin Anthony Phone: 651-439-4001 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Includ e any tab les, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, rac e or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signag e and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes IZI N b d . Sizes and quanitity TBD um er an size: Will there be any inflatables? No I&] Yes D Insurance certificate from rental vendor is required Will there be entertainment? No D Yes [ZJ What type: Piped in music, possible Fees for electrlclty may outdoor music, apply see In struct ions Will sound amplification be used? No D Yes [ZJ . 10 am -10 pm each day except for Hours and Type. Sunday. Sunday will conclude at 6pm Will a stage or tent(s) be set up? No D Yes [ZJ Dimensions : 20x20 and 30 x 50 Will there be temporary fencing? No I&] Yes D Will merchandise/food items be sold? D [ZJ How many 5-8 Fees for electricity may No Yes vendors expected: apply see Instructions Will food be prepared on site? No D Yes [ZJ Cont act Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No D Yes [ZJ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ~ Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No D Yes ~ See Alcohol Regulations in the Instructions Will there be a fireworks display? No Ix] Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Lots 11, 9 , 5 and 4, gazebo, stage down by the river and possibly lanterns down by the river. The WSSC Steering Committee is working with the city on specific needs. Lot 11 and 9 only during the snow making portion. Both can be availabe by the 18th. Describe level of advertisement (ie, radio, flyers, ads, tv , press release). Attach sample if available Social media , posters, radio , TV , press release, flyers , interviews, etc. City Services (After reviewing the event application, City services may be re quried for the event.) Will event use, close or block any of the following : If yes specify locat ion on site map. City Streets or Right-of-way No D Yes [ZJ Start/End Time : See attachment Date : City Sidewalks or Trails No D Yes [ZJ Start/End Time : See attachment Date : Public Parking Lots or Spaces No D Yes ~ Start/End Time: See attachment Date : Will event need barricade(s)? No D Yes ~ Number needed : TBD Fees may apply see Instructions Will extra picnic tables be needed? No D Yes IBl Number needed: Possibly Fees may apply see /nstruct,ons Will portable restrooms be needed? No D Yes l8J Numb er needed : Will contra ct directly Fees may apply see Instructions Will extra trash receptacles be needed? No D Yes [xi Numb er needed : Will contract directly Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: The Chamber will work with local vendors , the Steering Committee and City for c lean up days . Will event need traffic control? No [ZJ Yes D Contact Stlflwoter Police Department for assistance, 651 -35 1-4900 Describe crowd control procedure to ensure the safety of participants and spectators : The Steering Committee has a Workstream for Public Safety that will convene as the event gets closer to define needs . Will "No Parking Signs" be needed? No D Yes 18] Number needed : TBD Fees may apply see Instructions Show lo cation(s) on site map Will event need security? No D Yes 18] If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Security Specialist overnight and regular PD during the day Will event need EMS services? No D Yes Ix] Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Will reach out to Lakeview and/or our Blue Medic Co. Describe the emergency action plan if severe weather should arise: If high winds, blizzard, or servere cold occurs, a decision on postponing or canceling the event will occur. The Chamber will work with local and state law enforcement to make that decision. The Water Street In will host the warming house for the teams when they need to go indoors. List any other pertinent information: Please note this is the first year of this event and planning is underway. We will continue to work with the city and oth er partners as the event gets closer on what our needs will be. Thank you for your partnership! The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless f rom and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on t he 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 durin g the event of at least the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number .__re_a_te_r_st_il_lw_a_te_r_C_ha_m_b_e_r _of_C_o_m_m_e_r_ce ___________ ~ .... I -------~! L§_1-_1_99_o_s_12 _____ _, Address City State Zip Code .... 133_3_M_a_i_n _st_re_e_t _No_rt_h_,_st_e_. 2_0_2 __________ __.l lstillwater I I ._M_N _____ ~I ._ls_so_s_2 ___ - Name of person making application Business phone Home phone I .... Ro_b_in_An_t_h_on_y_, _Ex_e_cu_t_iv_e_D_ire_c_to_r _____________ ~I I ,_6_s1_-4_3_9_-4_0_0_1 ---~l .... I _______ __, Date(s) of event Type of organization D Microdistillery O Small Brewer p-a-n_u..;..ary..;__2_0--23-,-2-02_2 _____________ __,! O Club D Charitable D Religious ~ Other non-profit Organization officer's name City State Zip Code I._Ro_b_in_A_n_t_h_on_y_, E_x_e_cu_t_lv_e_D_ire_c_to_r _________ __.! lstifl water ! IMN l ._lss_o_a_2 ___ _, Organization officer's name City State Zip Code .___ _________ ____. I I !MN I .._I __ __. Organ iza tion officer's name City State Zip Code ~---------__..I.._ ___ __,I .--,MN-----,1 1.._ __ ____. Location where permit will be used . If an outdoor area, describe . The World Snow Sculpting Championship event will take place in Lowell Park; downtown Stillwater, Minnesota and surrounding City & private parking lots. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage . McGarry Kearney Agency, Inc. APPROVAL APPLICAT ON MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMIITING TO ALCOHOL AND GAMBLING ENFORCEMENT oR . ~ Date Approved City or 91unty approvi ng the license W)O 0 Perm it Date I j Fee Amount Jo 1:s aoa , ~~3~at/$7 r ( Da te Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Please Print Name of City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE .TEMPORARYAPPLICATION @STATE .MN .US Key Alcohol Perimeter Vendor/Sponsor Tent • Chamber Tent/Info Hut • Snow Store/Hut 1111 Food Truck • Garbage/Recycle Can Handwashing Station R Restroom II Auxiliary Tent -BeerTent • ID Check/Ticket Sales 1111 Beer Trailer Plowed Walking Path Ice Rink Snow Sculpture D Sculpture Perimeter Rope Only in MN MN Ice Sculpture • '.; • Snowman Building Contest Snow Slide • Firepit 333 Main Street North #202 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com Bridging Business & Community October 5, 2021 Mayor and Council Members City of Stillwater 216 4th Street North Stillwater MN 55082 Dear Mayor and Council Members: As part of the Wintertime in Stillwater Campaign initiated last year, and in conjunction with the City’s strategic plan to strive to make Stillwater a year-round destination, the Greater Stillwater Chamber of Commerce (Chamber) is looking to host two winter events in the month of January to boast the economy and bring business to the City of Stillwater; in what normally is a quiet time for our business community. We have already been working with staff and council members to bring these events to our beautiful parks in Stillwater and will continue the work through first quarter. This letter refers to the World Snow Sculpting Championship (WSSC). The Chamber is a local non-profit 501c(6) and recently, yet not officially announced yet, has been approved to implement a Greater Stillwater Chamber Foundation which is a 501c(3). The WSSC will be managed out of the foundation. We are excited to partner with the City of Stillwater for locals and visitors to enjoy this long weekend experience in downtown. Our contract with Winter Fun LLC is for three years if it goes well; and we decide to keep it in Stillwater, with right of first refusal after that. Lake Geneva, Wisconsin hosts the national championship, and just last year their February weekend brought in over 60,000 visitors; and the region brought in 3.1 million dollars to the economy. That weekend in Lake Geneva exceeded the previous July 4th weekend in revenue and visitors. This type of effort is in direct alignment with the city’s strategic plan and would greatly benefit our businesses in first quarter. World Snow Sculpting Championship (WSSC) January 18-23, 2020 Location: North Lowell Park on both sides of the Gazebo, parking lots 4-5-9, Myrtle Street (the portion in front of the Gazebo), along with other inside venues in the city. High level park logistics: Snow making will be conducted in lot 9 January 10-17th and the snow will move to the park to build the forms (all weather dependent). To properly implement this production, additional electric will need to be added to the area around lot 9 and this effort is already underway with cooperation from Xcel Energy, public works, the Chamber and O’Neil Electric. There will be two tents set up for concessions, 10-13 Snow Forms, a small snow slide, music piped in the park and live music (weather permitting) in the Gazebo on Saturday Night for the closing ceremonies and awards; and The World’s Coolest Block Party on Saturday night. The sculptors will need equipment such as scaffoldings, ladders, shovels, lights etc. (purchased by the Chamber) as well as equipment to make and move the snow. There will need to be a work trailer(s) to house the equipment when not in use, four-wheelers, snow mobiles and tents for sponsors with the amount TBD. We will continue to work with the Steering 333 Main Street North #202 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com Bridging Business & Community Committee and city staff on these logistics and additional needs and resources as we continue to learn and build out this new event to Stillwater. Program: Tuesday, January 18th Exhibition in the park for the public to view and learn / music piped in 9 am – 9 pm. Evening event: Meet the teams, review rules and regulations with Winter Fun LLC, WSSC Steering Committee at the Lumberjack (private event) Wednesday, January 19th 9 am – 3 am snow sculpting in park. Concession tents open 10 am – 9 pm / No Liquor sold. Music piped in 9 am – 9 pm. Evening event: Opening Ceremony at the JX Event Center. Team introduction, sponsors, dignitaries, and open to the public, limited seating Thursday, January 20th 6 am – 3 am snow sculpting in the park. Concession tents (including liquor) open 10 am – 9 pm / music piped in 9 am – 9 pm. Food Trucks 10 am – 9 pm / Evening event: Chamber Mixer at the Water Street Inn – celebrating 130 years and volunteer appreciation Friday, January 21st 6 am – 3 am snow sculpting in the park. Concession tents (including liquor) open 10 am – 9 pm / music piped in 9 am – 9 pm. Food Trucks 10 am – 9 pm / Evening event: Sponsorship appreciation at Forge and Foundry (private event) Saturday, January 22nd 6 am – 2 pm snow sculpting in the park. Concession tents (including liquor) open 10 am – Midnight / music piped in 9 am – 7 pm. Food Trucks 10 am – 10 pm / Evening Event: Awards – Closing Ceremony 4 pm at the Water Street Inn OR, the Gazebo (weather dependent). 7 pm – Midnight. THE WORLD’S COOLEST BLOCK PARTY at the Water Street Inn, Beer Tent in lot 4, outside Myrtle Street to the Gazebo, Chestnut Plaza, music in the Gazebo (weather dependent) Sunday, January 23rd Concession tents (including liquor) open 10 am – 6 pm / music piped in 9 am – 6 pm or possibly live band. Possible Food Trucks 10 am – 6 pm / Day event: ‘MinneSNOWta Nice’ / We currently have a team working on activities and fun in the park to focus on our state of Minnesota. Examples: Wild Rice Cookoff Competition, snowman competition, kids’ activities, etc. We are seeking City Partnership for this event which includes: • In-kind use of the South Lowell Park • In-kind use of electric • A link on the city website to the event site • City promotion of the event • In-kind cost for water from hydrants • Possible storage for the snow forms and some small equipment • In-kind plowing and snow removal – understanding that if there is a snow emergency the priorities are the city • In-Kind Public Safety, we will have overnight security during the event by a security firm • In-Kind Parking for visitors, we will also have shuttles • Ability to keep up the onsite units through January 17-January 31, 2022, for guests and both WSSC and Fire & Ice Event The Chamber: • The event would be hosted by the Chamber in partnership with the City of Stillwater…. 333 Main Street North #202 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com Bridging Business & Community • The City logo would be placed on our website and listed as a sponsor on all marketing materials • Provide open invitations to all the ceremonies and events to City Council and Department Heads • Provide an opportunity for the city to be interviewed by local and national news, and possibly international • This event will be great exposure for the City Since we do plan to us the Gazebo during this event, we ask that the Gazebo tree come down prior to January 14, 2021, for this event. In addition, the location of the Christmas tree may need to be modified with the location of the slide. The Chamber is also seeking a program where we may be able to get some of the funds we will be spending on the permanent electricity to lot 9 returned. For example, if other large events need to use this electric in the next five years, could the Chamber get some of those funds returned directly or indirectly? This event is also sponsored by Discover Stillwater and Explore Minnesota, and we look forward to having this event in our historic downtown Stillwater, hosted by the Chamber in partnership with the City of Stillwater. This is a $150,000 investment for the Chamber of Commerce, so we value and appreciate your partnership and sincerely appreciate all you do. Warmest Regards, Robin Anthony, IOM Executive Director/President Greater Stillwater Chamber of Commerce cc: Tom McCarty, City Administrator; Beth Wolf, City Clerk; Jason Grode, Parks Superintendent World Snow Sculpting Championship (WSSC) Event Dates: January 18-23, 2022 Snow Making Dates: Jan 4-17 # of Units Per Unit Fee Total Fee Event Application Fee 100.00$ Event Application Late Fee 100.00$ Event Setup Fee 14 days $500/day 7,000.00$ Event Base Fee 6 days $500/day 3,000.00$ Lowell Park Gazebo 1 day $50/day 50.00$ Lowell Park Stage w/ electricity 6 days $125/day 750.00$ Parking Lot 4 33 spaces for 5 days $1.50/space 297.00$ Parking Lot 5 7 spaces for 5 days $1.50/space 63.00$ Parking Lot 9 for snow making 30 spaces for 14 days $1.50/space 630.00$ Parking Lot 11 during snow making 45 spaces for 7 days $1.50/space 472.50$ Electricity for snow making Electrical Installation Subside Program Electricity for Event 3 boxes $20/day/box 360.00$ Water for snow making (5,000 gal/minute)4 hrs/day $2/10,000 gallons 3,360.00$ Plowing and snow removal for event 2 hrs $75/hr 150.00$ Police during alcohol service for 4 days 4-6 officers (50 hours)$75/hr 13,000.00$ Barricades - Saw Horse no flasher 8 $2 ea/day 112.00$ Barricades - Type III 4 $5 ea/day 120.00$ Traffic Sign on stand 1 $2 ea/day 12.00$ Picnic Tables (estimate 4/tent)8 $10 ea/day 480.00$ No-Parking Signs (along Water St)20 $3 ea/day 360.00$ Free parking for visitors (lots 3,8,9,10,11)198 spaces for 5 days $1.50/space 1,782.00$ Security Deposit 1,000.00$ Total Fees 31,998.50$ 2022 WORLD SNOW SCULPTING CHAMPIONSHIP EVENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made this 21st day of December, 2021 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the GREATER STILLWATER CHAMBER OF COMMERCE, 333 Main Street North #202, Stillwater, MN 55082 (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit the GREATER STILLWATER CHAMBER OF COMMERCE to operate a special event in North Lowell Park from January 18, 2022, to January 23, 2022. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to City’s Park, Parking Lots or nearby landscape. 2. Event/Alcohol. Alcohol will be served and be consumed during this event within the outdoor licensed premises and no other Alcohol or Coolers are allowed. Also, no other licenses such as a Temporary Liquor License can be issued for other events at this location. The Greater Stillwater Chamber of Commerce and the City are tasked with insuring alcoholic beverage sales, service and consumption remain within the confines of the outdoor licensed premises and all other building, zoning or health codes would apply to this service area. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting participants bringing their own liquor into the park. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: Setup: January 4, 2022 to January 17, 2022 Actual Event: January 18, 2022 to January 23, 2022 from 8:00 a.m. to 10:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The organizer is aware and will inform all event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of parking lot s 4, 5, 9 and Mulberry Circle. The Organizer agrees to pay the City for the use of the parking lots according to the parking space fees designated by the City Council. 8. Trail. The bicycle and pedestrian trail must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park or parking lot as determined by the City. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to use barricades for parking lot closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. The City will supply and equip the public restrooms when they are open for use. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrances. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. If needed, each electrical box needed for the Event will be opened by the City prior to each event. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades following the event. Organizer shall remove trash, additional trash enclosures no later than Noon following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 12. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 13. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 14. The Organizer hereby agrees to follow the City’s Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER ______________________________________________ Ted Kozlowski, Its Mayor Attest: ______________________________________________ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2021, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. Notary Public GREATER STILLWATER CHAMBER OF COMMERCE _________________________________ Robin Anthony, Executive Director/President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2021, by Robin Anthony, Executive Director/President of the Greater Stillwater Chamber of Commerce. Notary Public A fun gingerbread house building competition between cities sparked the creative side of our Councilmembers! The City of Stillwater won in the gingerbread house competition against their competitors, City of Oak Park Heights and City of Bayport Great job Councilmember Collins Councilmember Polehna and Councilmember Odebrecht BOARD AGENDA 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 December 21, 2021 - 9:00 AM 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 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an 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. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the November 30, 2021, County Board meeting minutes. B. Approve contract for legal representation in child in need of protection or services (CHIPS), termination of parental rights (TPR) and permanency cases with Attorney Victoria Herr for the period of January 1, 2022, through December 31, 2023. C. Adopt a resolution to authorize approval of a Joint Powers Agreement between the State of Minnesota through the Department of Public Safety, Bureau of Criminal Apprehension (BCA) for access to the criminal justice data communications network (CJDN), and the Court Data Services Subscriber Amendment to the CJDN Subscriber Agreement with the BCA. D. Approval of the 2022-2023 Community Corrections Comprehensive Plan. E. Approve Contract No. 14513 with Canvas Health in the amount of $1,362,865.39, for the period of January 1, 2022, through December 31, 2022. F. Approval of changes to Personnel Rules and Regulations Section #15 Holidays, Paid Time Off (PTO) and Compensatory Time with effective date of January 1, 2022. G. Approval of the compensation and benefits for 2022 and 2023 for the Department Heads and Department Deputy Directors. H. Approval of the compensation and benefits changes for 2022 and 2023 for the Confidential Employees and the Confidential Supervisors. I. Approve the tentative agreement for the 2022-2023 collective bargaining agreement with the Supervisor's Association bargaining unit. 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 J. Approve the tentative agreement for 2022-2023 Collective Bargaining Agreements with both the Exempt and Non-Exempt bargaining units represented by the American Federation of State, County and Municipal Employees (AFSCME) Council No. 5. K. Approve the tentative agreement for the 2022-2023 Collective Bargaining Agreement with the International Union of Operating Engineers Local No. 49 AFL-CIO (49ers). L. Approve the tentative agreement for the 2022 - 2023 Collective Bargaining Agreement with Law Enforcement Labor Services (LELS) Local #372 Essential Captain/ Commander Unit. M. Approve the tentative agreement for the 2022-2023 Collective Bargaining Agreement with TEAMSTERS Local No. 320 (Probation Officers). N. Approve the tentative agreement for the 2021 Collective Bargaining Agreement with the Minnesota Public Employees Association (MNPEA) Correctional Officer/911 Supervisors Unit. O. Approval of the 2021 Collective Bargaining Agreement with Minnesota Public Employees Association (MNPEA) Correctional Officer/911 Unit Agreement. P. Approve Amendment No. 3 of Contract No. 13151 with SkyNorth Software for the amount of $162,164 and extend the contract through December 31, 2022. Q. Approve Contract No. 14479 with Lakeview Hospital and Health Partners Medical Group for Correctional Health Medical Services, for the period of January 1, 2022, through December 31, 2022. R. Approve Contract No. 14516 with Tennis Sanitation for Waste Management Services for the term January 1, 2022, through December 31, 2024. S. Approve Amendment No. 5 to Lease Agreement No. 11627 with the State of Minnesota, acting for the benefit of the Department of Employment and Economic Development (DEED) at the Woodbury Service Center. T. Adopt a resolution authorizing submittal of two applications: 1) Stonebridge Trail and Browns Creek State Trail Connection Project; and 2) Point Douglas Park Buildings, to request funding from the Economic Development Administration’s American Rescue Plan Act Travel, Tourism, and Outdoor Recreation grant opportunity. Consent CalendarFRQWLQXHG 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 2) Approval of aWwo-year special project Parks Coordinator, with Equity Program Coordination, in the Public Works Department. 5. 9:30 Executive (Closed) Session - Human Resources A. Executive (closed) session for the purposes of discussing active litigation, Bild v. Washington County, per Minnesota Statute 13D.05 Subd. 3(b). 6. 10:15 Executive (Closed) Session - Human Resources A. Executive (closed) session for the purposes of discussing active litigation, Evans v. Washington County, per Minnesota Statute 13D.05 Subd. 3(b). 7. 11:00 Executive (Closed) Session - Attorney's Office A. Executive (closed) session with the County Board to discuss strategy for active litigation regarding the county's interests in the State opioid settlement. 8. 12:00 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution authorizing county staff to execute all necessary documents to ensure county participation in the multistate settlements relating to opioid distributors and manufacturers, and in the Minnesota Opioids State-Subdivision Memorandum of Agreement 9. 12:15 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. 10. 12:30 Board Correspondence 11. 12:30 Adjourn 12. 12:35 Board Workshop with Public Works A. Presentation of the Lake Elmo Park Reserve Single Track Trail Design Study. 4. 9:10 Public Works - Sandy Breuer, Parks Director A. 1) Approval of a grant agreement between the Metropolitan Council and Washington County for the Equity Grant Program. BOARD AGENDA 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 December 14, 2021 - 9:00 AM 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 1. 9:00 Washington County Regional Railroad Authority A. Roll Call Pledge of Allegiance 4. 9:25 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.Adopt 2022 Commissioner Assignments to Committees, Commissions, and Joint Powers%RDUGV B. Approval to reappoint John Waller, Hugo, to the Rice Creek Watershed District Board of Managers, for a sixth term expiring January 18, 2025. C. Approve Amendment No. 1 for Contract No. 13852 with Youth Service Bureau (YSB) in the amount of $233,273 for the period of January 1, 2022, through December 31, 2022. D. Approve Amendment No. 1 for Contract No. 13853 with Satellite Tracking of People LLC (STOP) in the amount of $150,000 for the period of January 1, 2022, through December 31, 2. 9:15 Roll Call 3. 9:15 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. Washington County %RDUGRI&RPPLVVLRQHUV&RQYHQHV B. Approval of the Regional Railroad Authority minutes from October 26, 2021. C. Adopt a resolution to grant easements to Independent School District No. 624 and the State of Minnesota over Washington County Regional Railroad Authority property, currently being used as the Hardwood Creek Trail in the City of Hugo. D. Adjourn 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 5. 9:25 Public Health and Environment - Dave Brummel, Director A. Approve Grant Amendment No. 14067 with the Minnesota Department of Health in the amount of $1,198,250 for COVID-19 response and vaccine implementation, through December 31, 2023. F. Approve Contract No. 14463 with HealthPartners, Inc. to provide health plan coverage for county employees and retirees from January 1, 2022, through December 31, 2024. G. Approve Contract No. 14486 to renew the library service agreement between the Stillwater Public Library and the Washington County Library. H. Approve Grant Agreement No. 14427 with the Board of Water and Soil Resources in the amount of $184,014, for the period of January 1, 2022, through December 31, 2024. I. Approve Contract No. 14487 with Washington Conservation District in the amount of $260,000, for the period of January 1, 2022, through December 31, 2022. J. Approve Grant Agreement No. 14480 with the Minnesota Department of Health in the amount of $200,000 for COVID-19 Public Health Workforce through June 30, 2024. K. Adopt a resolution approving the submission of a voting equipment grant application to the Office of the Minnesota Secretary of State. L. Approval of the plat of Manning Ridges in May Township. M. Adopt a resolution to acquire vacant land at the intersection of Memorial Avenue North and 58th Street North (PID 06.029.20.21.0002) in the City of Oak Park Heights, as part of a potential future road extension of County State Aid Highway 15 south segment. N. Consider a resolution of support for Washington County’s application to the Minnesota Department of Transportation's Safe Routes to Schools Infrastructure 2021 solicitation for funds to construct a trail on the south side of 65th St S (County Road 74) between Meadow Grass Ave S and Hadley Ave S in the City of Cottage Grove. O. Adopt a resolution of support agreeing to act as Minnesota Department of Transportation (MnDOT) state aid sponsor for Mahtomedi Public School's Safe Routes to School project should Mahtomedi Public Schools be awarded Safe Routes to School funds. E. Approve Amendment No. 1 for Contract No. 13859 with Tubman in the amount of $204,241 for the period of January 1, 2022 through December 31, 2022. Consent Calendar FRQWLQXHG 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 A. 1. Approve a cooperative funding agreement between the City of Woodbury and Washington County for Central Park remodel professional services. 2.. Approve aOHtter of support of City of Woodbury's requested appropriation of $15 million in state funds for the City of Woodbury's remodel of Central Park. 7. 9:50 General Administration - Kevin Corbid, County Administrator 9:50 A. Adopt a resolution approving the final 2022-2026 Capital Improvement Plan (CIP) document. 10:10 B. Approve Washington County's 2022 Fee Schedule, Policy No. 1032. 10:20 C. Adopt a resolution establishing 2022 county redistricting principles. 10:30 D. 1. Adopt a resolution certifying the property tax levy payable 2022 for Washington County. 2.. Adopt a resolXWion certifying the property tax levy payable 2022 for the Regional Railroad Authority. 3.. Adopt a resolXWion approving the Washington County 2022 budget. 4.. Adopt a resolXWion approving the Regional Railroad Authority 2022 budget. 5.. Adopt a resolXWion consenting to the property tax levy payable 2022 for the Washington County Community Development Agency. 10:50 E. Approve Amendment No. 1 to Contract No. 13079 with Downs Governmental Affairs, LLC for federal lobbyist services for the period of January 1, 2020, though December 31, 2024. 8. 11:05 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. 9. 11:20 Board Correspondence 10. 11:20 Adjourn 11. 11:30 Personnel Committee 6. 9:35 Public Works - Erik Jalowitz, Building Services Capital Projects Manager