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2022-04-19 CC Agenda Packet
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 REVISED AGENDA CITY COUNCIL MEETING April 19, 2022 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.RECOGNITIONS OR PRESENTATIONS 1.Proclamation – Stillwater Paralympic Nordic Skier Sydney Peterson 2.Council Service Award – Abbi Wittman V.OPEN FORUM – open forum allows the public to address Council on subjects which are not 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 3.Public Works Director 4.Police Chief 5.Fire Chief 6.Finance Director 7.Community Development Director 8.City Clerk 9.City Attorney 10.City Administrator – 2021 City Annual Report VII.CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 11.April 5, 2022 regular and recessed meeting minutes 12.Payment of Bills 13.420 William St N Encroachment Agreement 14.2019 Street Improvement Project Final Payment – Resolution 15.Abatement Services Contract 16.Brown’s Creek State Trail Private Land Purchase Agreement 17.City Hall Exterior Wall Repair Project 18.Drainage and Utility Easements on Mid Oaks Avenue 19.Engineering Services Agreement with TKDA 20.Minnesota Department of Transportation Master Partnership Contract – Resolution 21.Retail Sale of Fireworks Permit for Target 22.Sanitary Sewer Adjustments 23.St. Croix Boat & Packet Dock Permit and Lease Renewal – Resolution VIII.PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 24.Case No. 2022-13 to consider an appeal request by Patrick Kelly to re-consider the approval of a Variance to the rear yard setback that would allow the property at 516 Myrtle St W to be split into two lots. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 8, 2022. Page 2 of 2 City Council Meeting Agenda April 19, 2022 IX. UNFINISHED BUSINESS X. NEW BUSINESS 25. 2022 Streets Improvement Project Approve Bid and Award Contract – Resolution 26. Police Department Staff Analysis Proposal and Contract Award – Resolution 27. Skate Park Site Exploration Request 28. Sale of General Obligation Bonds, Series 2022A – Resolution XI. COUNCIL REQUEST ITEMS 29. Legislative Support for Washington County Heritage Center – Resolution XII. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 628.50 Action Rental Inc. Genie scissor lift & trailer rental 226.33 Advance Auto Parts Equipment repair supplies 247.97 Animal Humane Society Pound charges 440.00 Becker Arena Products Vinyl kit & supplies 1,236.81 BlueCross BlueShield Group Medicare Retiree Health Insurance 13,576.00 BlueCross BlueShield of MN Inc. Retiree Health Insurance 20,794.50 Bolton & Menk Inc. Mid Oaks lift station rehab 507.50 Brock White Co. LLC Crafco Roadsaver 5,170.00 Bureau of Crim. Apprehension Terminal access charge 270.00 Campion Barrow & Associates Law enforcement testing 440.00 Canteen Refreshment Services Concession supplies 183.11 Century College Rope Rescue - Smith 595.00 Century Power Equipment Equipment repair supplies 120.54 Cintas Corporation Laundry service 470.93 Community Thread Contribution 5,250.00 Core & Main Supplies 100.08 Crysteel Truck Equip Cylinder 75.21 Custom Fire Apparatus Supplies 31.58 Dalco Janitorial supplies 2,290.66 Door Service Company City hall main door repair 75.00 Emergency Automotive Equipment for new squad 2,048.05 Enterprise FM Trust Lease vehicles 10,470.10 Environmental Equipment & Services Equipment repair charges 1,823.02 Force America Equipment repair supplies 3,819.94 Fury Motors Vehicle repairs 676.80 Gertens Wholesale Fertilizer 13,570.39 Goodyear Commercial Tire Tires 3,885.49 Gopher State One Call Inc. Locates 122.85 Grainger Press tool kit & supplies 2,804.39 Guardian Supply Uniforms & supplies 2,463.84 Huebsch Service Mat cleaning service 705.56 Ice Sports Industry Show/Exhibition 25.00 Jefferson Fire and Safety Inc. Fire coat & pant 327.36 Kelly & Lemmons PA Prosecution 8,333.00 Knutson Development Grading Escrow Refund - 14870 62nd St N 5,000.00 Kohlmann Joseph P Hotel for League Of MN Cities Conference 3,103.23 Kwik Trip Inc Fuel 47.56 Lawson Products Fleet repair supplies 197.25 League of MN Cities Annual conference 1,236.00 Lexipol LLC Annual Law Enforcement Procedures Manuals Policy 11,658.88 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Loffler Companies Computer equipment 8,139.68 Madden Galanter Hansen LLP Labor Relations Services 2,738.76 Mallet Michael Reimburse for uniform supplies 86.74 Page 2 Mansfield Oil Company Fuel 8,211.27 Marie Ridgeway & Associates Therapy Session 750.00 Martin-McAllister Consulting Personnel Evaluation 3,900.00 Menards Supplies 2,123.34 Metropolitan Council Monthly SAC 9,840.60 Metropolitan Council Environmental Wastewater Charge 171,634.30 Midwest Machinery Co Equipment repair supplies 724.05 Miller Excavating 2019 Street Project 47,728.45 Minnesota Air Equipment repair supplies 162.22 Minnesota Fitness Maintenance on fitness room equipment 250.00 MK Mechanical Inc Equipment repair 3,073.10 Office Depot Office supplies 127.10 OnSite Sanitation Portable Restroom 976.00 Parts Alliance North Filters 72.88 Posch Builders Grading Escrow Refund - 904 Harriet St S 1,500.00 Riedell Shoes Inc. Skates 120.24 Ries Farms LLC Dirt disposal 1,019.44 RotoMetals Lead pouring ladle for utility dept 83.35 SHI International Corp Microsoft agreement 2021 40,378.00 Springbrook Software Monthly UB web payments 551.00 St. Cloud State University Membership - Jenna Schmid 445.00 St. Croix Boat and Packet Co. Arena billing 81,416.60 St. Croix Recreation Fun Playgrounds Benches 8,344.88 Stillwater Motor Company Vehicle service 58.84 Streichers Training ammo 2,581.07 Taylor Electric Lowell Park light poles 1,450.00 Thomas Lance & Kim Special assessment overpayment 233.55 Thomson Reuters Information Charges 158.12 Titan Machinery Shakopee Equipment repair supplies 145.13 Toll Gas and Welding Supply Cylinders 48.11 Uline Inc Supplies 5,021.84 Valley Trophy Inc. Name plate 18.50 Veterans Memorial Super Valu Parking 4,347.00 Voyant Communications Phone 529.01 Washington County Road & Bridge Traffic services 85.07 Washington County Sheriffs Office SWAT team & MFF insurance 1,609.06 Washington Cty Historical Society Contribution 1,250.00 Xcel Energy Energy 19,358.11 Youth Service Bureau Contribution 2,750.00 LIBRARY 4Imprint Materials 2,738.50 Amazon Business Materials & supplies 957.44 Artistry Programs 355.00 Baker and Taylor Materials 2,036.58 Blackstone Publishing Material - Audio 32.00 Page 3 Brodart Co Materials 11,803.18 Chan Karen Programs 350.00 Comcast Internet 188.10 Culligan of Stillwater Water 55.00 Greene Ne-Dah-Ness Programs 250.00 Huebsch Service Towels and Rugs 194.36 Indigenous Enterprise Program 3,000.00 J.D. Power & Associates Materials 210.00 Midwest Tape Materials 1,218.14 Nardini Annual Inspection 258.30 Regents of the U of M Materials - Processing 253.00 Serendipity Art & Design Programs 125.00 MARCH CREDIT CARDS Amazon.com Toner for printer 126.66 American Planning Association Conference registration (will be refunded)835.00 ARI Hetra Equipment repair supplies 166.66 AT&T Mobility 1735 Wireless card for locator 83.50 B&H Photo EOC Equipment 2,226.82 Backgroundchecks.com Back ground checks 253.48 Dream Host Website Hosting 21.45 Equally Al Website Accessibility Tool 279.00 Greater Stillwater Chamber of Commerce Booth for Job Fair 225.00 Metal Doctor Equipment repair supplies 605.17 MN Assoc Women Police Conference registration 400.00 MN Government Finance Officers Membership 70.00 National Registry of EMT EMT Recert Fee 50.00 SOTA Training conference 350.00 The Business Journals Materials - Periodicals 160.00 Uptime Robot Internet monitoring service 84.00 Wells Fargo Bank MN NA Over limit fee 39.00 Women Make Movies Programs - Adult 465.00 MARCH MANUALS AT&T Mobility 8509 Cell Phone 88.24 Comcast Internet 258.22 Group Medicareblue RX Retiree Prescriptions Ins 9,646.00 Lone Oak Companies Inc UB Postage 2,780.07 Xcel Energy Energy 87,618.23 ADDENDUM Bolton & Menk Planning services 4,375.50 Cintas Towels 39.00 CMI Inc Supplies 215.86 Page 4 ECM Publishing Publications 33.25 Guardian Supply Uniforms 2,221.84 Heritage Printing Water Dept working tags & envelopes 455.35 Hoisington Koegler Group Lumberjack Landing 989.50 Intoximeters Mouthpiece 107.00 Performance Plus Drug Screen 45.00 Quill Renewal 119.99 Simplifile Filing fees 50.25 Springbrook Water data import 626.50 TeamViewer TeamViewer Premium 1,188.00 TKDA Chestnut Street Civic Plaza 21,426.88 Xcel Energy Energy 9,184.92 TOTAL 734,357.11 Adopted by the Stillwater City Council this 19th day of April, 2022 Mayor Ted Kozlowski DATE: April 19th, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: 2022 CIP Bonding BACKGROUND Baker Tilly has recommended the City move to secure funding for the capital projects and equipment as soon as possible due to the rising interest rates. Proposals will be opened and tabulated on May 17th at 10:30 a.m. The results will be presented to the City Council that night. The proposed amount is $3,965,000 for 2022. RECOMMENDATION Adopt the attached resolution. ACTION REQUESTED Adopt RESOLUTION PROVIDING FOR THE COMPETIVE NEGOTIATED SALE OF $3,965,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2022A. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $3,965,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2022A WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $3,965,000 General Obligation Capital Outlay Bonds, Series 2022A (the "Bonds") to finance (i) the 2022 capital outlay needs of various City departments; and (ii) various permanent improvement projects, pursuant to Sections 10.4, 10.5 and 10.6 of the City Charter, as more fully described in Exhibit B attached hereto; and WHEREAS, the City has retained Baker Tilly Municipal Advisors, LLC, in Saint Paul, Minnesota ("Baker Tilly MA"), as its independent municipal advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Baker Tilly MA to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk and other officers or employees of the City are hereby authorized to cooperate with Baker Tilly MA and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Adopted by the Stillwater City Council this 19th day of April 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk 73334371v1 A-1 EXHIBIT A THE CITY HAS AUTHORIZED BAKER TILLY MUNICIPAL ADVISORS, LLC TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,965,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2022A (BOOK ENTRY ONLY) Proposals for the above-referenced obligations (the "Bonds") will be received by the City of Stillwater, Minnesota (the "City") on Tuesday, May 17, 2022 (the "Sale Date") until 10:30 A.M., Central Time (the "Sale Time") at the offices of Baker Tilly Municipal Advisors, LLC ("Baker Tilly MA"), 30 East 7th Street, Suite 3025, Saint Paul, MN 55101, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at its meeting commencing at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Baker Tilly MA will assume no liability for the inability of a bidder or its proposal to reach Baker Tilly MA prior to the Sale Time, and neither the City nor Baker Tilly MA shall be responsible for any failure, misdirection or error in the means of transmission selected by any bidder. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the proposal is submitted. (a) Sealed Bidding. Completed, signed proposals may be submitted to Baker Tilly MA by email to bondservice@bakertilly.com or by fax (651) 223-3046, and must be received prior to the Sale Time. OR (b) Electronic Bidding. Proposals may also be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all proposals submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents, nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents, nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. A-2 If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2023. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2024 $405,000 2026 $425,000 2028 $445,000 2030 $470,000 2032 $210,000 2025 $420,000 2027 $435,000 2029 $455,000 2031 $480,000 2033 $220,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity or maturities in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the original proposal. Gross spread for this purpose is the differential between the price paid to the City for the new issue and the prices at which the proposal indicates the securities will be initially offered to the investing public. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository for the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The lowest bidder (the "Purchaser"), as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. A-3 REGISTRAR U.S. Bank Trust Company, National Association, St. Paul, Minnesota will service as Registrar (the “Registrar”) for the Bonds, and shall be subject to applicable regulations of the Securities and Exchange Commission. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to optional redemption in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds of the Bonds will be used to finance (i) the 2022 Capital Outlay needs of various City departments; and (ii) various permanent improvement projects. BANK QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BIDDING PARAMETERS Proposals shall be for not less than $3,925,350 plus accrued interest, if any, on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity as stated on the proposal must be 98.0% or greater. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. ESTABLISHMENT OF ISSUE PRICE In order to provide the City with information necessary for compliance with Section 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder (collectively, the "Code"), the Purchaser will be required to assist the City in establishing the issue price of the Bonds and shall complete, execute, and deliver to the City prior to the closing date, a written certification in a form acceptable to the Purchaser, the City, and Bond Counsel (the "Issue Price Certificate") containing the following for each maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity): (i) the interest rate; (ii) the reasonably expected initial offering price to the "public" (as said term is defined in Treasury Regulation Section 1.148-1(f) (the "Regulation")) or the sale price; and (iii) pricing wires or equivalent communications supporting such offering or sale price. Any A-4 action to be taken or documentation to be received by the City pursuant hereto may be taken or received on behalf of the City by Baker Tilly MA. The City intends that the sale of the Bonds pursuant to this Terms of Proposal shall constitute a "competitive sale" as defined in the Regulation based on the following: (i) the City shall cause this Terms of Proposal to be disseminated to potential bidders in a manner that is reasonably designed to reach potential bidders; (ii) all bidders shall have an equal opportunity to submit a bid; (iii) the City reasonably expects that it will receive bids from at least three bidders that have established industry reputations for underwriting municipal bonds such as the Bonds; and (iv) the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal with the lowest true interest cost, as set forth in this Terms of Proposal (See "AWARD" herein). Any bid submitted pursuant to this Terms of Proposal shall be considered a firm offer for the purchase of the Bonds, as specified in the proposal. The Purchaser shall constitute an "underwriter" as said term is defined in the Regulation. By submitting its proposal, the Purchaser confirms that it shall require any agreement among underwriters, a selling group agreement, or other agreement to which it is a party relating to the initial sale of the Bonds, to include provisions requiring compliance with the provisions of the Code and the Regulation regarding the initial sale of the Bonds. If all of the requirements of a "competitive sale" are not satisfied, the City shall advise the Purchaser of such fact prior to the time of award of the sale of the Bonds to the Purchaser. In such event, any proposal submitted will not be subject to cancellation or withdrawal. Within twenty-four (24) hours of the notice of award of the sale of the Bonds, the Purchaser shall advise the City and Baker Tilly MA if 10% of any maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity) has been sold to the public and the price at which it was sold. The City will treat such sale price as the "issue price" for such maturity, applied on a maturity- by-maturity basis. The City will not require the Purchaser to comply with that portion of the Regulation commonly described as the "hold-the-offering-price" requirement for the remaining maturities, but the Purchaser may elect such option. If the Purchaser exercises such option, the City will apply the initial offering price to the public provided in the proposal as the issue price for such maturities. If the Purchaser does not exercise that option, it shall thereafter promptly provide the City and Baker Tilly MA the prices at which 10% of such maturities are sold to the public; provided such determination shall be made and the City and Baker Tilly MA notified of such prices whether or not the closing date has occurred, until the 10% test has been satisfied as to each maturity of the Bonds or until all of the Bonds of a maturity have been sold. GOOD FAITH DEPOSIT To have its proposal considered for award, the Purchaser is required to submit a good faith deposit via wire transfer to the City in the amount of $39,650 (the "Deposit") no later than 1:30 P.M., Central Time on the Sale Date. The Purchaser shall be solely responsible for the timely delivery of its Deposit, and neither the City nor Baker Tilly MA have any A-5 liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. A Deposit will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Baker Tilly MA following the receipt and tabulation of proposals. The successful bidder must send an e mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the Purchaser will be retained by the City and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the Purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. CUSIP NUMBERS If the Bonds qualify for the assignment of CUSIP numbers such numbers will be printed on the Bonds; however, neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. Baker Tilly MA will apply for CUSIP numbers pursuant to A-6 Rule G-34 implemented by the Municipal Securities Rulemaking Board. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT On or about June 16, 2022, the Bonds will be delivered without cost to the Purchaser through DTC in New York, New York. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Taft, Stettinius & Hollister LLP, Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Bonds, and said Preliminary Official Statement has been deemed final by the City as of the date thereof within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For an electronic copy of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Baker Tilly Municipal Advisors, LLC, by telephone (651) 223-3000, or by email bondservice@bakertilly.com. The Preliminary Official Statement will also be made available at https://connect.bakertilly.com/bond-sales-calendar. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts, and interest rates of the Bonds, together with any other information required by law. By awarding the Bonds to the Purchaser, the City agrees that, no more than seven business days after the date of such award, it shall provide to the Purchaser an electronic copy of the Final Official Statement. The City designates the Purchaser as its agent for purposes of distributing the Final Official Statement to each syndicate member, if applicable. The Purchaser agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with its syndicate members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member. Dated April 19, 2022 BY ORDER OF THE CITY COUNCIL /s/ Beth Wolf, City Clerk B-1 EXHIBIT B SCHEDULE OF 2022 BONDED CAPITAL OUTLAY Bonding Term (Years) Amount 2022 Capital Outlay Projects 8 $2,025,000 2022 Permanent Improvements 10 $1,940,000 Total $3,965,000 APPEAL CD-2022-13 City Council Meeting 19 April 2022 1 Introduction – Patrick Kelly – I live across the street at 604 Myrtle Street West, Stillwater, MN. My home was built in 1856 by Elisha Brown; the second house in the Greeley Addition, 4th oldest and 1 of 37 HPC Landmarks homes in Stillwater. Purpose – The City of Stillwater and the HPC commission does not has the authority to approve the variance to split the lot that changes the address of 516 Myrtle Street West and infill the property with a single family home without approval from the MN State Historic Preservation Office. The Certificate of Appropriateness process does not follow the HPC guidelines and preservation ordinance, and the land use and zoning overlay with the proposed changes in the variance – lot size and parking lot. Specific Issues – The City of Stillwater’s preservation ordinance and the HPC guidelines do not outline changing an address of a historical building in the Neighborhood Architectural Survey and are required to get approval from the MN State Historic Preservation Office. The HPC stated the process was “limited to modifications of the building” and did not use best practices, apply the guidelines, or consider the effect of this work would have on the character defining features and its context of the variance. Certificate of Appropriateness – The HPC Training Manual states - “The first step was for the HPC to confirm that a project is within the review powers of the HPC commission… The scope of the HPC commission’s authority is defined in the preservation ordinance”. HPC can recommend actions for the additions, alteration, reconstruction, moving, demolition, any other exterior change. The Stillwater City Council has responsibility to protect the designation of historic resources, and final decision over the HPC’s recommendations. HPC Role - Identify physical features & protect integrity of location, setting and feeling of property … among other things A) HPC Process from the Training Manual - “What are the Steps in the Review? Be certain to be familiar with each application. These are best practices in project review each commissioner should follow: Before The Meeting 1 . Confirm that submittal documents are complete and adequately interpret the proposal and apply the guidelin es. Note that a checklist may be helpful to use as a reference. A simple test to determine if the application documents are sufficient: “If the finished work appears out of compliance, will the documents substanti ate that fact? Can you prove noncompliance?” 2. Commissioners should visit the site of the project in order to gain an understanding of the key features of the property and its context. 3. Review background information Review surveys, documents, historic photos, and other information about the property. 4. Review the submittal documents to determine the effects of the proposed work on character-defining features of the resource and its context”. B) HPC Integrity Guideline – historic identity, location, setting and feeling of property … among other things 1) Identity - Historic building or event – 125 YO German St Paul Church school/teacher residence 2) Location - is the place where the historic property was constructed, (or the historic event occurred). Original Greeley Addition Plat @ 516 Myrtle St after Myrtle St was built (Spring Street). • Except in rare cases, the relationship between a property and its historic association is destroyed if the property is moved. 3) Setting - is the physical environment, the school, horse barn, play area (area students/teacher resided). • Whereas location refers to the specific place where a property was built or an event occurred, • Setting refers to the character of the place , not just where, the property is situated, but its relationship to surrounding houses and open spaces 4) Feeling - is a property’s expression of the aesthetic or historic sense of a particular period of time. from the presence of physical features that, convey the property’s historic character …. Front of the school and use open spaces for horse barn, playground, APPEAL CD-2022-13 City Council Meeting 19 April 2022 2 5) Comprehensive Plan is the primary policy document for a local government. It includes policies related to land use, as well as a variety of other factors that address the well -being of the community, including sustainability. Historic preservation is addressed in association with other land use a nd zoning overlay policies. • Land Use - The plan shows the current and proposed land use. Reducing the gravel area by 20% (~ 1,000 SF) is required for the maximum impervious surface (Lot 1) and increases the already stressed street parking with rental housing in the area. The garage is situated in the exact location of the horse barn and has 5 stalls and the reduced gravel area for parking is too small. (See drawing next page). o Lot 1 – Increase proposed lot size (15 feet = 2,010 SF > parking 1005 SF • Zoning Overlay - zoning may only be made by a local governing body. o The existing single family homes in the Myrtle/Martha do not have RB zoning or 50% maximum impervious surfaces variances. o The zoning of the proposed Lot 2 should be consistent with other single family homes in the area. o Zone for a single family home should have a maximum of 30% impervious surface) APPEAL CD-2022-13 City Council Meeting 19 April 2022 3 • Winter Parking – The HPC and the Stillwater City Council must address issues related to land use, as well as a variety of other factors that address the well-being of the community, including sustainability. The current land use allows for 8-9 parking spot and the proposed variance yield 5-6 parking spots. Currently street parking is primarily guests and residents living in rental units. In the winter months those parking on the street follow odd/even parking restrictions. There are a number of single family home owners that use street parking because of the steep hills . In the area shown below, these vehicles park on Martha Street following alternate odd/even regulation. The proposed land use variance will increase street parking and the ability for residents to safely use Martha Street to access driveways. APPEAL CD-2022-13 City Council Meeting 19 April 2022 4 C) Key Features – the HPC training manual recommends a project checklist that provides a basis for non- compliance and that guides the City's preservation actions. The checklist outlines the review of the historic identity, location, setting and feeling of property … including the effects of the work, among other things. 1) Survey – Don Empson’s “The Greeley Addition” Describes “The German School” at 516 W Myrtle St”. The survey goes into considerable detail about the Lutheran church roots, the reason it was built, contractors, the people that lived there, the problems that WWI on the school and part of the ST Paul Church history book. 2) Publication – MN History Magazine - Conflict in the Classroom ANTI-GERMANISM IN MINNESOTA SCHOOLS, 1917-19 La Vern J. Rippley (mnhs.org/MNHistoryMagazine/articles/47/v47i05p170 - 183.pdf) On page 181 the Stillwater mayor describes the reasons why a Stillwater resident wants to send her boy to the German School. 3) Book - Stillwater, Minnesota: A Brief History By Holly Day, Sherman Wick . The book has a brief reference to the German School (at 516 West Myrtle Street) from 1894 until WWI. APPEAL CD-2022-13 City Council Meeting 19 April 2022 5 D) Effect of Work – The survey provides the identifying features of the historic school. The location of building is the address of the historic place where the events took place. The setting is the environment of the school and the horse barn and playground. The feeling of the time where children went to school and place where the teacher lived. HPC guidelines state that they are required to review the plan to determine what effect on the character define features of the resource and the context. The effect of the work will conceal the front of the school, change the front of the building to accommodate a single family home or duplex, change the address and eliminate the character defining features and its context. E) Summary – The HPC committee process is outlined in the HPC guidelines and City of Stillwater has control of the preservation ordinance and the authority to make zoning decisions. 1. The Stillwater HPC and City Council previously denied owner’s plans to build a house on the lot. 2. The Stillwater HPC and City of Stillwater do not have the authority to change the address of a historic building without MN State Historic Preservation Office’s approval. 3. The HPC process and guidelines from the HPC Training Manual were not followed. 4. The HPC did not understand the defining features of the property and its context. 5. The HPC did not review the background information – survey, documents, photos, etc. 6. The HPC did not understand the effects of the work. 7. The HPC decision lacks substantive due process. 8. Don Empson’s Survey identifies the German School an important part of the Stillwater’s history; the German immigrants and the St Paul Church’s history. 9. The integrity the historic building and the events are lost and become insignificant when you demolish , move, or change the address of a building (location). 10. The characteristic view of the Front of the school, the open spaces where the children played , and the horse barn (garage) will be lost (setting). 11. The historic period of time when Stillwater was just getting started and how the school was part of the history will be lost (feeling). 12. The state HPC guidelines states that a building should be moved only in rare conditions. The history of the German School will be lost if you approve changing the address. 13. The Stillwater governing body lacks appropriate HPC oversight. 14. The Stillwater governing body and the HPC lack proper training. 15. The Stillwater Planning Commission and City Council did not identify the specific modifications variances issues that this application raises and note how the project does or does not adhere to the guidelines . 16. The Stillwater City Council and HPC did not consider the current land use when approving the reduction of the parking area of the historic property and the well-being of the community. F) Recommendations – I have reviewed the proposed plan, HPC Training Manual, survey data, publications, and books. The effects the work on the historic character defined features and its context are significant to and are easily understood. The basis for the decision are not based on the authority granted by the MN State Historic Preservation Office. The City Council should reconsider their decision to approve the variance. • Approve the APPEAL and deny splitting the property and building a single family home. • Delay the plan, request approval from the Minnesota State Historical Preservation Office and/or the Minnesota Historical Society. With appropriate approval, restart HPC review process and verify the plan meets the HPC guidelines and preservation ordinance. APPEAL CD-2022-13 City Council Meeting 19 April 2022 6 516 Myrtle Street West Lot 2 APPEAL CD-2022-13 City Council Meeting 19 April 2022 7 HERITAGE PRESERVATION COIIISSION TRAINI-NG MANUAL APPEAL CD-2022-13 City Council Meeting 19 April 2022 8 Example of HPC Guideline APPEAL CD-2022-13 City Council Meeting 19 April 2022 9 https://mn.gov › shpo › about › ordinancesuccess Stillwater Ordinance Revisions The City of Stillwater adopted its preservation ordinance in 1987 to help protect the character and nature of the community and its historic resources. With few modifications occurring in last 35 years, the City's Heritage Preservation Commission (HPC) regulations are antiquated and do not reflect community goals and objectives. Additionally, several other code modifications create a disjointed preservation program. Within Stillwater's municipal boundaries are a National Register-listed historic district, a Neighborhood Conservation District, an eligible archaeological district, over one dozen structures and sites individually listed in the National Register, as well as numerous design review districts. In a span of 30 years, the City has developed five different sets of design guidelines. While four have been adopted, only three are frequently utilized and one set of residential design guidelines has not been considered for adoption. With these guidelines in place, there are still certain designated properties, or those located in an established design review district , for which no guidelines exist. Additionally, these design guidelines are not specifically tied to the HPC's enabling ordinance. This complex and disconnected system for the preservation of Stillwater sites and structures has made it difficult for the public to understand and for the HPC to administer. Consequently, City of Stillwater staff are challenged when assisting elected and appointed officials as well as property owners through specific application review processes and permit approvals. Simply put, the City's fragmented preservation program has left the City and its HPC in a vulnerable state. The City received a CLG grant to conduct a detailed review of specific City Code Sections pertaining to the HPC and amend the ordinance to clean up code inconsistencies, st rengthen the connection between the City Code and the design guidelines, to better define HPC activities, including demolition review, and to strengthen the connection between HPC activities and the City's Comprehensive Plan goals and policies. The final s tep was to combine all adopted and draft design guidelines into a single reference document that would tie established design guidelines to the standards set forth in the City Code. This project cleaned up the code inconsistencies and combined all preserva tion regulations into a single, uniform ordinance. The regulations are now accompanied by a uniform design manual addressing construction in historic districts, signage and streetscape standards, and guidelines for new construction in Stillwater's historic neighborhoods. This was momentous for the City, equally as important as some of Stillwater's pioneering preservation efforts. The project will help guide the City's preservation actions for the coming decades. DATE: April 19th, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator / Ryan Collins, Councilmember SUBJECT: Washington County Heritage Center State Appropriation BACKGROUND The Washington County Historical Society is seeking a state grant for capital improvements at the Washington County Heritage Center in the City of Stillwater for proper storage of artifacts. The appropriation includes money for facility remodeling, replacement of the HVAC system, roof replacement, exterior facility improvements, and the purchase and installation of appropriate storage containers for historical artifacts. The amount being requested is $600,000 RECOMMENDATION Consider supporting the Washington County Historical Society’s request to the state legislature. ACTION REQUESTED Adopt RESOLUTION SUPPORTING THE WASHINGTON COUNTY HISTORICAL SOCIETY REQUEST FOR STATE GRANT FUNDS FOR IMPROVEMENTS TO THE WASHINGTON COUNTY HERITAGE CENTER City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx A RESOLUTION SUPPORTING WASHINGTON COUNTY HISTORICAL SOCIETY REQUEST FOR STATE GRANT FUNDS FOR IMPROVEMENTS TO THE WASHINGTON COUNTY HERITAGE CENTER WHEREAS, the City of Stillwater is a municipal corporation, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City has identified a need to preserve and promote the history of the community; and WHEREAS, Washington County Historical Society has purchased the building located at 1862 South Greeley Street in the City of Stillwater for the purpose of creating a Washington County Heritage Center that will have exhibits, a research facility and be climate controlled to preserve the important artifacts of the history of Stillwater and Washington County. WHEREAS, Washington County Historical Society is seeking capital investment of $600,000 for the Washington County Heritage Center; and WHEREAS, currently HF 3978 and SF 3753 are under consideration. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater, Minnesota requests the involvement and support of the State of Minnesota in preserving this important part of our State’s history and heritage by providing funds for improvements to the Washington County Heritage Center. BE IT FURTHER RESOLVED the Stillwater City Council supports HF 3978 and SF 3753 for capital investment related to the Washington County Heritage Center. Adopted by the Stillwater City Council this 19th day of April, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk SUlIwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, 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 April 19, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Proclamation — Stillwater High School Nordic Skier Sydney Peterson 2. Council Service Award — Abbi Wittman V. OPEN FORUM — open forum allows the public to address Council on subjects which are not 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 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator — 2021 City Annual Report VII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 11. April 5, 2022 regular and recessed meeting minutes 12. Payment of Bills 13. 408 William St N Encroachment Agreement 14. 2019 Street Improvement Project Final Payment — Resolution 15. Abatement Services Contract 16. Brown's Creek State Trail Private Land Purchase Agreement 17. City Hall Exterior Wall Repair Project 18. Drainage and Utility Easements on Mid Oaks Avenue 19. Engineering Services Agreement with TKDA 20. Minnesota Department of Transportation Master Partnership Contract — Resolution 21. Retail Sale of Fireworks Permit for Target 22. Sanitary Sewer Adjustments 23. St. Croix Boat & Packet Dock Permit and Lease Renewal — Resolution VIII. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes or less. 24. Case No. 2022-13 to consider an appeal request by Patrick Kelly to re -consider the approval of a Variance to the rear yard setback that would allow the property at 516 Myrtle St W to be split into two lots. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 8, 2022. IX. UNFINISHED BUSINESS X. NEW BUSINESS 25. 2022 Streets Improvement Project Approve Bid and Award Contract — Resolution 26. Police Department Staff Analysis Proposal and Contract Award — Resolution 27. Skate Park Site Exploration Request XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda April 19, 2022 City of *tt{Ytnater, fliinne5ota Ytectamation WHEREAS, Sydney Peterson graduatedfrom Stillwater .Area High School and was a member of the Girls Nordic Skiing Team that won the 2018 _Minnesota State High SchooCChampionship; and WHEREAS, She went on to compete in the Junior Nationals in 2020 and received the Dave Quinn award. She now skis for St. Lawrence University, while undergoing a degree in Neuroscience; and WHEREAS, Sydney's Paralymyic Experience consists of One-time Paralymyian (2022), three -time Paralympic medalist (i gold, i silver, I bronze); and Paralympic 'Winter Games Beijing 2022, gold (mixed reCay cross-country), silver (long-distance cross-country), bronze (sprint cross-country), 6th (middle-distance cross-country); and WHEREAS, her 'World Championship Experience from 2021 is silver (middle-distance cross-country, cross-country sprint), and bronze (long distance cross-country). NOW THEREFORE, 1, Ted Xozlowski, J%layor of the City of Stillwater, do hereby yroclaim April 20, 2022 as Sydney Peterson Day! IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this igth day of .April, 2022. .Mayor THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Obi ja wut t lien name/tow , , ptaieJOianatimn, aubtandin j pe' anauce, and dvainguvshed 6etuuce to the eitq and it/3 citizens fun necvdef 9 gearis J &uuie,c, and wws fief fie cued in the futwte, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: April 19, 2022 City of Stillwater 2021 Annual Report CITY DEPARTMENTS Mayor & Council 4 Administration 6 Human Resources Department 9 MIS Department 11 Community Development 14 Planning Department 13 Building Inspections Department 16 Engineering / Public Works 18 Engineering Department 19 Public Works Department 20 Finance 23 Fire 25 Police 29 Legal Services 32 Page 1 of 34 April 2022 CITY OF STILLWATER ORGANIZATIONAL CHART (2021) Citizens of Stillwater Mayor & Council Boards & Commissions eml 1.1 City Attorney City Administrator i Downtown Parking Commission M. Mi Heritage Preservation Commission MI Human Rights Commission I. f Parks & Recreation Commission El Planning Commission II Utilities Commission pi Administration Human Resources Information Technology Community Develoment Building Inspections 1 Engineering Public Works 1.1 Finance Fire Police Charter Commission Joint Board Joint Cable Commmission Library Board of Trustees Traffic Safety Committee St Croix Recreation Center Page 2 of 34 April 2022 MISSION STATEMENT To provide the community with a quality living environment quali- ty public services and facilities while protecting cultural. histori- cal and natural resources through fair and open government careful planning. effective management and efficient fiscal policy CORE VALUES 'Respect. Honor the diverse contra -buttons of all to the betterment of the or- ganization and community; treat all parties equitably. *Integrity' Ethical and principled approach dealing with issues, individuals and community; Earns others' trust and respect through con- sistent honesty and professional- ism in all interactions. *Trust* Truthful open and accountable in all interactions .Quality* Excellence, pride and stewardship in delivery of best possible cus- tomer service with effective and efficient outcomes. *Competence' Strives for continuous improve- ment in self, community assets and management of resources. Strategic Plan Summary 2020-2025 Revised August 2021 How can the City of Stillwater..... Develop Organization Excellence • Maintain High Quality, Efficient Public Service Delivery Standards • Develop Leadership Training and Succession Planning anda Learning Culture • Implement Organization Study Recommendations • Support Partnerships for Collaboration/joint Services with other Communities& Organizations • Implement Software Integration and Update City Facilities Develop Our Community • Define Economic Development and Branding and Communications Strategies • Promote Economic Development and Housing Affordability • Become a Year Round Destination City with a Sustainable and Balanced Downtown • Foster Community Engagement; Recognize Diversity, Inclusion and Equity • Update City Infrastructure, Including Parks and Recreation Facilities • Enhance City Policies/Ordinances • Meet the Health, Safety and Well -Being needs of Our Citizens Sustain Strategic Planning and Implementation • Develop Sustainable Funding Mechanismsfor Operating and Capital Budgeting • Commit to Annual Strategic Planning • Develop a Legislative Agenda r Develop Organization Excellence i Develop Community Strategic ppPlanning Implementation r > Develop Performance Measures for program/service delivery Create a learning culture and continue Leadership and Succession Training Pro- grams Develop transition plans to implement Organizational Study Recommendations; ad- dress Public Safety staffing needs • Build Partnerships with Communities and Organizations for collaborative / joint service delivery r Develop strategy for software integration and efficiency and continue to update City facilities —i Conduct class/comp system market update to enhance staff recruitment & retention -4 Implement Economic Development Authority and initiate a Business Visitation Program. Develop Branding Strategies Develop & implement Cotnmunity Engagement & Contmunication Practices; including recognition of Diversity Equity and Inclusion Elements Update ordinances to align with 2040 Comprehensive Plan > Work with Sustainable Stillwater to develop attainable tasks • Develop outdoor recreation properties that includes the river and plan for the parks and trails in Downtown > Explore sustainable funding to continue updating City Infrastructure and operations • Develop a Housing Strategy Plan, Housing Rental & Building Maintenance Ordinance and review the Leasing Policy —> Conduct annual Strategic Planning Sessions & provide semi-annual reports Continue to review department vision and goals Develop a Legislative Agenda for high priority City Issues including potential sales tax -, Review revenue enhancement sustainability Page 3 of 34 April 2022 Mayor & Council All City powers are vested in the City Council, except as otherwise specified by law or the Stillwater City Charter. The Council ensures all obligations and duties imposed on the City by law are implemented. Since the City Council exercises its authority or takes action as one body, individual members of Council cannot act on behalf of the City. The City Council is the policy making and legislative body. Council members approve the tax rate, adopt the budget and set the City's vision. The Council provides leadership for the community by identifying issues or opportunities and then implementing goals and strategies to solve issues. Council members focus on City policies, the City vision, ordinances and intergovernmental affairs. Some examples: land use development, comprehensive planning, capital improvement projects and strategic planning. Council member Ward 1 Ryan Collins Voters Council member Ward 2 Dave Junker Mayor Ted Kozlowski Council member Ward 3 Larry Odebrecht Council member Ward 4 Mike Polehna Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 92,247.00 $ 79,356.25 Services and Charges $ 33,633.00 $ 29,084.64 Miscellaneous $ 41,830.00 $ 35,527.86 Total $ 167,710.00 $ 143,968.75 Council Activities The City Council continued to provide leadership in response to the pandemic to ensure the health and safety of community members and staff while providing continuity of city services. City Hall and other facilities remained closed through June of 2021. City Council, Boards & Commissions meetings moved to a hybrid approach with both in -person and interactive technology in June. The Council approved legislation for a second year that allowed temporary outdoor sales options for businesses and approved updates to the COVID-19 Preparedness Plan for the City following Minnesota Public Health guidelines. The City Council considered and approved an initial allocation of federal American Rescue Plan Act (ARPA) funds pursuant to Treasury Department standards. Page 4 of 34 April 2022 The City Council adopted the 2022 City budget, conducted 24 Council meetings, adopted 184 resolutions and enacted 22 ordinances. The City Council also provided leadership for the transition of the Water Department as part of the City Public Works Department during 2021. City Council members are appointed annually as a liaison to a board or commission to facilitate communication and interaction between the Council, internal advisory bodies and other governmental and non-profit organizations. A liaison enhances communication between the City Council and other organizations. Liaison members serve only for communication purposes and do not have any authority to vote, unless specifically designated by ordinance. BOARD/COMMISSION COUNCIL MEMBER Convention & Visitors Bureau Council member Polehna Downtown Parking Commission Council member Junker Fire Relief Association Council member Collins Council member Polehna Heritage Preservation Commission Council member Junker Human Rights Commission Council member Polehna Joint Board Mayor Kozlowski Council member Odebrecht Joint Cable Commission Council member Odebrecht Lake Elmo Airport Advisory Commission Mayor Kozlowksi Alternate: Community Development Director Library Board of Trustees Council member Collins Middle St. Croix Watershed Management Council member Collins Alternate: Councilmember Polehna Parks & Recreation Commission Council member Polehna Planning Commission Council member Odebrecht Utilities Commission Council member Polehna Page 5 of 34 April 2022 Administration Mission The City Administration Department implements official policies of the Mayor and City Council by coordinating City services to meet the needs of all who live, work, and recreate in the City of Stillwater. The professional staff provides support, guidance, communications and leadership to assure that quality municipal services are provided to the members of our community. Department Organization City Clerk (1 FTE) Facilities Manager (1 FTE) Administrative Assistant* (2 FTE) City Administrator (1 FTE) Human Resources Manager (1 FTE) Human Resources Specialist (1 FTE) Information Systems Manager (1 FTE) MIS Specialist (1 FTE) Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. ADMINISTRATION Description Appropriation Actual Personnel Services $ 454,857.00 $ 458,004.65 Supplies $ 18,000.00 $ 6,308.65 Services and Charges $ 188,970.00 $ 204,509.87 Miscellaneous $ 4,132.00 $ 4,552.41 Total $ 665,959.00 $ 673,375.58 ELECTIONS Description Appropriation Actual Personnel Services $ 0.00 $ 9,842.66 Supplies $ 0.00 $ 135.11 Services and Charges $ 20,380.00 $ 10,001.78 Miscellaneous $ 0.00 $ 0.00 Total $ 20,380.00 $ 19,979.55 PLANT CITY HALL Description Appropriation Actual Personnel Services $ 121,180.00 $ 145,004.12 Supplies $ 56,050.00 $ 84,344.38 Services and Charges $ 169,294.00 $ 157,783.65 Miscellaneous $ 1,550.00 $ 5,608.17 Total $ 348,074.00 $ 392,740.32 IS Technician** (1 FTE) • Fund FTE Administration 4.75 Human Resources* 2.15 Library** .30 MIS 2.70 Parking* .10 Page 6 of 34 April 2022 SPECIAL EVENTS Description Appropriation Actual Services and Charges $ 3,020 .00 $ 18,348.33 Miscellaneous $ 72,780.00 $ 59,704.34 Total $ 75,800.00 $ 78,052.67 Program Descriptions & Goals The Administration Department is responsible for the following functions: respond to inquiries and requests of the City Council, oversee department heads and ensure departments coordinate work towards common city goals, provide administrative services to departments, outside agencies, and the public, complete activities not under the responsibility of other departments, and support communications and information to City Council and the organization. In addition, the department includes the City Clerk, Facilities Management, Human Resources and Information Technology divisions. ❖ Provide staff support to the Mayor and City Council; provide thorough and objective analysis of issues, including recommended courses of action ❖ Prepare and submit an annual proposed budget and capital programs to the City Council ❖ Ensure that all departments achieve their program objectives while adhering to City policies and maintaining appropriate management procedures ❖ Oversee the timely completion of major projects & community capital/park improvements ❖ Develop City-wide strategies to guide the City's long-range development ❖ Develop and administer services and assure transparency of Stillwater's conduct of business operations ❖ Coordinate the retention and distribution of City records (paper and electronic) Program Accomplishments and Results, Special Awards, Recognitions The Administration Department's 2021 activities continued to be influenced by the challenge of responding to the COVID-19 Pandemic. City facilities remained closed to the public through June 2021. The City continued to provide modified service provision as necessary to allow for electronic transactions, and some city staff utilized teleworking technology. The City continually updated and modified it COVID-19 Preparedness Plans to keep community members and staff safe and healthy. As vaccinations became available and CDC guidelines were modified, the City Council approved a return to in -person city operations in June, 2020. City Council meetings then moved to a hybrid approach with both in -person and on-line attendance. , The Administration Department assisted with scheduling the annual City Council & management staff strategic planning workshop*; providing general City management*; support for planning for major winter events; supporting operational and project needs for City facilities; development of 2022 budget guidelines and budget proposals (in conjunction with the Finance Director); and development of a Capital Improvement Program. ❖ Developed recommendations in conjunction with the Finance Director, for City Council review for initial allocation of American Rescue Plan Act (ARPA) funds. ❖ Assisted with updates to the City COVID-19 Preparedness Plan.* ❖ Met bi-monthly with the staff transition team to assist with implementation of the water department incorporation into the City public works department. * ❖ Submitted annual resolution & report for participation in the State Performance Management Program.* ❖ Assisted outside facilitator with stakeholder meetings for the St. Croix Valley Recreation Center Possible Expansion project. ❖ Assisted the Mayor & Council, staff, Chamber of Commerce and downtown businesses with planning of Wintertime in Stillwater events, including the 2022 World Snow Sculpting Championship to position Stillwater as a year round destination. * ❖ Facilitated implementation of Medicare supplement plans to reduce city cost of retiree health insurance while maintaining city obligations to retirees. ❖ Manage city energy efficiency project with Ameresco. ❖ Facilitated conversations with State Legislators regarding state bonding support for Hwy 36/Manning Ave Interchange Project.* Page 7 of 34 April 2022 ❖ Assisted with recruitment and selection process for filling Community Development Director vacancy (due to retirement). ❖ Facilitated development and approval of enabling legislation to create the Stillwater Economic Development Authority (EDA) with the City Council serving as the EDA. ❖ Collaborated with Greater Stillwater Area Chamber of Commerce on Leadership in the Valley program. ❖ Conducted a secure special election for school district under pandemic constraints. ❖ Processed liquor, tobacco, haulers, peddlers and towing licenses. ❖ Successfully developed and delivered three City newsletters. ❖ Oversee maintenance of website content to apprise the community of City News. ❖ Continued digitizing city records. ❖ Implemented a hybrid meeting process for City Council and Boards and Commissions meetings. ❖ Assisted with issuance of RFP's for IT Division Operational review, City Compensation Schedule Market Rate Review, Legislative Lobbying Services, and Fire Department Staffing Analysis (2022 project).* *Notation: City Strategic Plan Element Future Challenges and Opportunities The City of Stillwater will continue to be challenged with increasing operational costs, infrastructure maintenance (city streets, sidewalks, infrastructure, technology, and asset preservation needs, appropriate staffing levels, and managing health care costs. The City Council and senior management staff will conduct a strategic plan workshop in 2022 to review and update the City's Strategic Plan goals and action items. Future opportunities and challenges for 2022 and beyond include: establishment of goals and work plan for newly created City Economic Development Authority; managing changes in demographics impacting service, demand, operations, funding and staffing decisions for the City; collaborative efforts with other government units, business, education and community organizations to develop service delivery alternatives; succession planning through recruiting, selecting and retaining the best possible talent for city positions to foster innovation, transitional thinking, and facilitative leadership and teamwork to assist the city in meeting future challenges of senior management and line staff transitions; develop a 2023 budget proposal including new high priority positions, update the capital improvement plan to address deferred city building, street and sidewalk maintenance needs and high priority city infrastructure projects included in the State Bonding Bill request; manage scoping process for possible St. Croix Valley Recreation Center Possible Expansion project, and updates to the City Emergency Operations Plan and Continuity of Operations Plan. Program Output Indicators 2016 2017 2018 2019 2020 2021 Data Practices Requests 4 3 26 36 40 52 Liquor & Tobacco Licenses Issued 114 139 117 127 121 127 Temporary Liquor Licenses Issued 9 16 14 11 2 8 Gambling Licenses Approved 12 17 19 18 18 11 Events Permits Reviewed and Issued 41 41 30 38 7 38 Human Resources Department The Human Resources Department provides programs and services such as workforce planning, classification, compensation and benefits, recruitment and assessment, policy, labor relations, development, risk management and wellbeing. The department reports to the City Administrator, and is comprised of one full time Human Resources Manager and one Human Resources Specialist Confidential. Partial allocation of Payroll staff wages are also included in this budget. Mission To improve people's lives, in service to the valley community. Page 8 of 34 April 2022 Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 223,318.00 $ 222,826.89 Supplies $ 655.00 $ 345.03 Services and Charges $ 44,853.00 $ 33,011.21 Miscellaneous $ 2.118.00 $ 4,772.28 Total $ 280,944.00 $ 260,955.41 Program Descriptions & Goals The department delivers a broad range of functions and serves as an advisor to the City Administrator and various other departments on all personnel matters in the City. The department also provides Human Resource (HR) consulting services to the Library as requested. Goals for 2021 were: .;. .;. .;. .;. .;. .;. .;. .;. Convene regular labor-management insurance work group meetings for analysis of insurance options for future years. Assist with development of proposal for class/comp system market analysis update. Identify options for retired city employees specific to city -provided health insurance and monitor potential reduction in retiree health insurance property tax costs for retirees for inclusion in 2022 budget process Review staff requests as part of the 2022 budget process Recruit key leadership positions inclusive of planned retirements Organize and facilitate risk management/safety committee Negotiate and settle collective bargaining agreements Value city employees - create professional development opportunities, succession planning programs; develop specific transition/mentoring approaches for new management staff Program Accomplishments and Results, Special Awards, Recognitions Human Resources is pleased to report on significant accomplishments and the ongoing commitment of strategic priorities. The City's traditional method of HR service delivery changed following the onset of the coronavirus pandemic. Many experts dubbed the crisis "the big acceleration" because it evolved existing HR practices and policies at such a rapid pace. Staff communication quickly changed to virtual collaboration. Employees could communicate human -to -human in addition to e-mail and telephone and via Zoom and Microsoft Teams. Everyone approached the need to minimize the physical presence in his or her offices via flexible work schedules and work shift rotation until June 1 when city hall reopened. HR fielded hundreds of contacts from City and Library staff regarding COVID-19 exposure and its impact on their ability to report to work. The City's Human Resources staff worked with a Workplace of Tomorrow team to author a Flexible Work Arrangement policy approved on a one-year pilot basis by City Council. The pandemic fueled a fundamental shift in the talent acquisition process. The City's employment opportunities site experienced 14,059 site visits in 2021; 267 people applied for open positions. The City increased its use of virtual interviews both internally and externally inclusive of interview panels and applicants. The following positions were filled: Assistant Building Inspector Assistant Finance Director Community Development Director Firefighter/Engineer Human Resources Specialist Confidential, LTE Maintenance Worker II Police Chief Patrol Officer Streets Superintendent Seasonal Maintenance Worker Seasonal Parking Attendant Volunteer Paid On Call Firefighter Volunteer Police Reserve Officer Human Resources hosted its annual expanded employee orientation program in May. Attendee reviews were positive. '7 thought it was great. 1 really liked learning about City projects, the budget, the mission statement and council set up, and the wellness information. It is a nice way to welcome new employees and I have not experienced Page 9 of 34 April 2022 !FAN ._ ZA anything like this from past employers. It is nice to work for a City that cares about their employees and wants them to be knowledgeable about everything available to them, about what is going on, and how things are done." Human Resources served as a convener for two labor management committees who met on a regular basis. They are the Insurance Work Group, and a Public Works Labor Management committee. The City's Insurance Work Group analyzed insurance options, reviewed five vendor proposals, and chose Blue Cross Blue Shield of Minnesota (BCBSMN) for its 2022 health insurance based on plan design and premium for the City of Stillwater, inclusive of a rate cap for 2023. The labor groups signed Memoranda in support of BCBSMN and City staff benefitted from the smooth transition during open enrollment. Human Resources actively engaged as part of the City's Public Works and Board of Water Commissioners Transition Team. The City met with labor unions and ratified collective bargaining agreements to incorporate employees from the Board of Water Commissioners agency in to the City of Stillwater structure. The settled agreements included merged seniority agreements in three labor groups, two-year contracts, a general wage increase, an increased employer health insurance contribution toward premium and other wage and benefit changes. The City's wellness programming offers an annual incentive, onsite education sessions, preventive screenings, wellness challenges, and more. With programming input from the City's Worksite Wellness Committee, the City delivered biometrics screening to 40 employees, hosted 10 educational opportunities, a blood drive, and an onsite flu shot clinic. Virtual programming was delivered electronically via Zoom, and onsite initiatives were aligned with the required COVID-19 hand sanitizing, social distancing and wearing of facial coverings. The program enjoyed its second year of record participation. The City provided its employees with key information to stay healthy and safe, communicated regular updates, and engaged its Employee Assistance Programming so that families experiencing an increase in stress and other related wellbeing issues could seek support. In July 2021, retirees and their eligible dependents completed a transition to Blue Cross Blue Shield Medicare Sr. Gold and Medicare BlueRx group policies. The potential reduction in retiree health insurance costs for retirees was estimated at $11 million in savings to city taxpayers over the lifetime of the commitment. Future Challenges and Opportunities Goals for the upcoming year include: ❖ Implement Medicare options for Retiree Health Insurance ❖ Implement Market Analysis Wage Update ❖ Serve as navigator for new City Administrator ❖ Serve on the Police Department operational review team ❖ Develop a learning culture in support of organizational excellence ❖ HR Strategy: Value city employees - create a culture of excellence where employees live the City's values of Respect, Integrity, Trust, Quality, and Competence; promote professional development opportunities, develop bench talent relative to succession planning. COVID-19 pandemic, planning, improved employee benefits, wellbeing, collective bargaining, retiree health insurance, and workforce department mergers were some of the highlights of 2021 having occurred in addition to the regular operational requirements. HR worked to professionally shape the most important part of the service - the people, and looks forward to future progress aligned with the City's strategic plan. Program Output Indicators 2018 2019 2020 2021 Recruitments - Permanent Positions 14 12 9 16 Recruitments - Seasonal Positions 26 25 4 16 Number of job applications received 421 352 384 267 Number of background checks completed 67 46 25 40 Employee Count - Full Time Equivalency 94.75 99 102.75 107* Annual Turnover Rate (Vacancies/FTE) 15% 12% 9% 15% *Inclusive of water utility merger Page 10 of 34 April 2022 MIS Department The MIS Department is an integral part of the City. Our team consists of three full time employees, IS Manager, MIS Specialist and an IS Technician. Staff is responsible for the information technology needs of all City buildings including City Hall, Police, Fire, Public Works, St. Croix Valley Recreation Center, Lily Lake Ice Arena, and the Stillwater Public Library. In addition, we provide support for the Stillwater Parking Ramp and City owned parks. Staff is on call 24/7/365 on a rotating shift. Mission MIS provides the tools to organize, evaluate and efficiently manage departments within the City by using secure, reliable, and integrated technology solutions in alignment with administrative goals, while delivering excellence in customer service. In support of this mission, we will: •;• •;• •:. Collaborate with City managers to understand the information technology needs Provide leadership and planning for the effective, dependable and strategic use of emerging technologies Demonstrate technical and operational excellence through a commitment to professionalism and continuous improvement Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 308,510.00 $ 315,025.71 Supplies $ 7,000.00 $ 11,859.87 Services and Charges $ 75,535.00 $ 145,643.11 Miscellaneous $ 540.00 $ 133.97 Total $ 391,585.00 $ 472,662.66 Program Descriptions & Goals The goal is to provide vision and leadership, deliver timely and effective responses, provide reliable, usable information systems, and commit to developing and maintaining technically skilled staff. The MIS Department provides users with the following services. ❖ IS Infrastructure - install, maintain and keep up-to-date hardware and software components, cabling and all other equipment necessary to make the information technology systems function according to the established needs of the City. Network design, administration, and monitoring to keep the system working properly. This also includes wireless networks, security cameras and key card entry systems. ❖ IS Functionality - researching and maintaining operational applications, developing, securing, storing and backing up electronic data that belongs to the City, and assisting in the use of software and data management by all areas of the organization. ❖ IS Support - configure, deploy, maintain, troubleshoot and support computer workstations, laptops, printers, mobile devices, software, and other computer and telecommunications devices. Diagnose and resolve problems associated with information technology. Inventory and document hardware and software. Train and assist users. ❖ IS Governance - establish and manage the selection, funding and prioritization of information technology. Develop and maintain network security, data protection, policy, and compliance. ❖ Website/Social Media - creating and maintaining the website and social media presence to meet the needs of the City and the community. Program Accomplishments and Results, Special Awards, Recognitions During 2021, the MIS Department completed the following tasks. ❖ Maintained 256 PC's and Laptops ❖ Maintained 50 printers (workgroup printers, receipt printers and Dymo label printers) Page 11 of 34 April 2022 ❖ Maintained 10 copiers ❖ Supported 195 video cameras (city facilities, squad cars, interview rooms, and body cameras) ❖ Upgraded and supported 5 video storage servers ❖ Monitored 52 wireless access points, ❖ Supported 375 TB of server storage, 77 TB of PC support and over 100 software applications ❖ Monitored 92 mobile devices (smartphones, tablets), 187 desk phones and 30 soft phones (VPN) ❖ Supported 25 switches, 6 firewalls, 4 hosts and 3 SAN's ❖ Maintain 75 keycard readers ❖ Perform daily maintenance, troubleshooting and monitoring the City's network. In addition, IT staff worked with TrueNorth Consulting group to conduct an operational review of the IT Department. The review took several months and TrueNorth offered some great recommendations such as moving some key apps to the cloud, increasing city facilities bandwidth, proactive cybersecurity outsourcing and adding one FTE to IT. We are hoping this FTE will be added in 2023. The transition of the Water Board to the City was a major component of the work done last year. Our Finance software was updated to accommodate billing for Water Utilities, hardware and data were moved onto the City's network, phone systems were combined and SCADA systems were replaced. Equally as important in 2021, staff replaced cameras in several key facilities including the parking ramp, re -cabled the Public Works building and replaced some key hardware such as plotters, copiers and switches. We also worked with the Police department to develop a hardware platform for the Forensics officer. In accordance with our replacement schedule, we replaced computers, laptops, iPads and cell phones for various departments. Work was done in the library to update self -check machines and audio in the Margaret Rivers Conference Room. At the St. Croix Valley Recreation Center, we replaced servers and updated network capabilities. We also updated several servers in City Hall and put in a new host at the Fire Department to accommodate our needs for Disaster Recovery. The IT Department worked on over 900 helpdesk tickets, researched and procured IT hardware and supplies, participated in IT inventory asset management, managed backup and recovery of digital assets, troubleshoot network issues, documented processes, configured phone systems and kept network assets current with patches. Future Challenges and Opportunities The role of IT is shifting and staff has become increasingly responsible for a more integrated approach to overall strategy and operations. Some of the issues are: ❖ GIS support, assistance and organization ••• Managing data security ❖ Cloud Computing ❖ Protecting and educating users against increased cybersecurity threats ❖ Managing IT governance (risk, performance, strategic alignment, value) ❖ Hiring and retaining talent Page 12 of 34 April 2022 Community Development Mission To provide the community with a quality living environment and quality public services and facilities while protecting cultural, historical and natural resources through fair and open government, care planning, effective management and efficient fiscal policy. Department Organization mmunity Development Director (1 FTE) Planning Department City Planner (1 FTE) Zoning Administrator (1 FTE) Administrative Assistant (1 FTE) Building Inspections Building Official (1 FTE) i Building Inspector (2 FTE) 1 Permit Technician (1 FTE) Planning Department Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 427,884.00 $ 472,793.07 Supplies $ 1,400.00 $ 863.07 Services and Charges $ 31,240.00 $ 26,417.75 Miscellaneous $ 6,100.00 $ 6,367.58 Total $ 466,624.00 $ 506,441.47 Program Descriptions & Goals Long range planning o Comprehensive Plan development and maintenance o Park plan development o Neighborhood plan development o Municipal facilities plan development and construction Page 13 of 34 April 2022 ❖ Current planning/Zoning Administration/Land Use Applications o Liaison to Planning Commission, Heritage Preservation Commission (HPC) and Downtown Parking Commission o Forward cases to Park and Recreation Commission related to Development and Land Use o Short term home rental license o Ordinance development o Historic preservation o Sustainability, resiliency and environmental initiatives ❖ Economic Development o Public Financing (Tax Increment Financing (TIF), Tax Abatement) o Business Retention and Expansion o Liaison to Business Community ❖ Land use code enforcement Program Accomplishments and Results, Special Awards, Recognitions ❖ Transition to new Community Development Director due to recent retirement ❖ Established new Economic Development Activity and Work Plan and established a new Economic Development Authority (EDA) ❖ Approved 200 Chestnut Apartment Redevelopment Project and Tax Increment Financing (TIF) Request ❖ Approved Central Commons Project and Tax Abatement Request ❖ Began implementation for Lumberjack Landing and received a $1,000,000 private donation ❖ Updated Design Guidelines Manual for Design Review Districts ❖ Achieved Bird City Designation ❖ Joined Metropolitan Council Livable Communities (LCA) Program as another funding tool for Stillwater Development Projects ❖ Updated Sign Code ❖ Updated Zoning Code Enforcement Process ❖ Hosted Virtual State Historic Preservation Office (SHPO) Conference ❖ Increased Resident and Business Owner Educational Resources, including Historic Wood Window Repair Video Series 150 100 50 0 Annual Planning Cases El 35 31 35 5053 10- 11 a 82 87 86 66 73 69 49 36 40 41 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Planning Cases - blue HPC Cases - Future Challenges and Opportunities ❖ Comprehensive Zoning Code Update ❖ Process redesign and streamlining ❖ Technology enhancements ❖ St. Croix Riverfront Improvement Implementation (Lumberjack Landing, Lowell Park, Bridgeview Park) ❖ Implement economic development work plan ❖ Revise Short Term Home Rental License and consider Rental License ❖ Reorganize Division and other project management responsibilities based on new staff hires ❖ Balance environmental sustainability goals with available resources Page 14 of 34 April 2022 Building Inspections Department Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 394,427.00 $ 379,608.13 Supplies $ 8,600.00 $ 2,386.82 Services and Charges $ 54,965.00 $ 87,612.37 Miscellaneous $ 1,250.00 $ 1,681.95 Total $ 459,242.00 $ 471,289.27 Program Descriptions & Goals ❖ Administer the Minnesota Codes (Building, Residential, Mechanical, Fuel Gas, Plumbing, Energy, Accessibility, Conservation Code for Existing Buildings) ❖ Construction consultation with owners, contractors, and designers ❖ Perform Building plan reviews ❖ Conduct building, plumbing and mechanical inspections ❖ Short term home rental inspections ❖ Keep current with new building materials and methods introduced to the industry Program Accomplishments and Results, Special Awards, Recognitions ❖ Issued Certificate of Occupancy for Zvago Senior Housing Cooperative Housing Project ❖ Adopted and implemented 2020 Minnesota Plumbing Code ❖ Assisted in revamping multi -departmental Technical Review Committee for project review ❖ Continued to digitize Property Files and assisted with network folder cleanup and reorganization ❖ Revamped Short Term Home Rental Submittal and Inspection Process ❖ Onboarded and Promoted new Building Inspector to replace vacant position 7000 6000 5000 4000 3000 2000 1000 0 2839 2748 Number of Inspections 3060 3075 3109 6038 4484 4125 4128 4339 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Inspections Available Resources Page 15 of 34 April 2022 200 180 160 140 120 100 80 60 40 20 0 New Housing Starts 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2500 2000 1500 1000 500 Total Permits 2193 1504 2236 496 1532 1509 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Future Challenges and Opportunities ❖ Continue to digitize Property Files and consider additional technology enhancements to streamline process ❖ Continue to improve approval timelines to meet customer expectations ❖ Continue to enhance communications strategies to improve relationships with customers ❖ Balance process improvements and staffing needs to meet the changing needs of customers and increasing complexity of projects ❖ Balance project workload with need for ongoing professional development ❖ Increase availability for State Delegation on large projects to better, and more quickly, respond to customers' needs Program Output Indicators Target building permit turnaround times: Overall Building Planning Engineering Residential 14 days 7 days 3 days 3 days Commercial 20 days 20 days 3 days 3 days Page 16 of 34 April 2022 Yearly building permit turnaround times: 2018 Overall Building Planning Engineering Residential 9.15 7.25 3.78 4.1 Commercial 12.73 4.7 8 2019 Residential 12.95 11.95 4.62 7.43 Commercial 31.12 21.41 6.67 2020 Residential 11.47 5.2 2.46 6.95 Commercial 29.7 8.73 2.84 1 2021 Residential 12 9.14 4.26 6.72 Commercial 15.56 13.36 2.82 Page 17 of 34 April 2022 Engineering / Public Works Mission To provide the Stillwater community with essential services in a safe, reliable, and environmentally responsible manner, placing a high value on quality and teamwork. Department Organization Public Works Director / City Engineer (1 FTE) Engineering Department Assistant City Engineer (1 FTE) P Engineering Technicians u. (2 FTE) I Natural Resouces I Technician (1 FTE) Administrative Assistant (1 FTE) II I. Public Works Department Streets Superintendent (1 FTE) i IP Lead Worker (3 FTE) ii Maintenance Worker (4 FTE) Parks Superintendent (1 FTE) Lead Worker (1 FTE) Maintenance Worker (6 FTE) Fund FTE Engineering 4.50 Streets 8.50 Parks 8.50 Utilities 7.50 Utility Superintendent (1 FTE) Lead Worker (1 FTE) Maintenance Worker (5 FTE) The Public Works Director who works directly for the City Council and the City Administrator heads the Public Works Department. The Public Works Department is divided into two departments: Public Works and Engineering. Public Works is separated three divisions; Streets, Parks, and Utilities. The Street Division includes streets, storm sewer, and signs and lighting and fleet maintenance responsibilities. The Parks Division is responsible for parks maintenance and organize special events. The Utilities Division includes sanitary sewer, and in 2021 responsibilities of water distribution came into the City with the merge of Board of Water Commissioners. The merge added four new employees to the department. All the departments within the Public Works Department work together to coordinate services, provide quality customer service, and ensure the infrastructure is reliable, efficient and done in a cost-effective manner. Overall the Public Works Department consists of 30 full-time employees in Public Works: 6 in Administration, 20 assigned to Public Works, and 4 in Engineering. Annual hiring of 8-10 summer seasonal employees assist in each of the departments. Personnel costs are funded from the General Fund, (Streets and Engineering), Enterprise Funds, (Sanitary Sewer, Storm Sewer, Signs and Lighting) and Revenue Funds (Parks). The Public Works Department is fortunate to have experienced staff that is very knowledgeable and skilled in their jobs. At the end of 2021, the length of employment with the City for full-time employees ranges from 1.0 to 21.5 years, with 10.4 years of average experience. In 2021, two new employees were added, Jason Grode, was hired as Parks Superintendent. Josh Wille, was hired as Maintenance Worker II in the Parks Department. Jim Tibbets retired from the City in 2021 after working for the Board of Water Commissioners for 20+ years. Page 18 of 34 April 2022 Engineering Department The objective of the Engineering Department is to insure that the City's infrastructure is kept in working order and rehabilitated in a cost effective manner. The department is responsible for planning, design, and construction of all municipal infrastructure, mapping, surveying, as -built records management, right-of-way management and permitting, pavement and storm water management, grading and utility permits, coordinating projects with other government agencies, and activities associated with park planning and building facilities. Budget Update (Unaudited - General Fund Budget Departments Only) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 365,471.00 $ 341,566.61 Supplies $ 5,050.00 $ 2,884.07 Services and Charges $ 25,672.00 $ 42,122.07 Miscellaneous $ 2,000.00 $ 1,806.27 Total $ 398,193.00 $ 388,379.02 Program Accomplishments and Results, Special Awards, Recognitions ❖ Improved 4.6 miles of streets as part of the 2021 Street Improvement Project ❖ Began construction of St. Croix River Shoreline Stabilization and Riverwalk Project ❖ Update Street and Utility Maps on GIS. ❖ Conduct MS4 Annual Meeting. ❖ Weekly erosion control inspections for developments. ❖ Develop 5 Year Capital Improvement Plan. ❖ Completed Neal Avenue Construction Project ❖ Participated in planning Downtown Winter Events ❖ Complete St. Croix Valley Rec Center Parking Lot Pavement Rehabilitation ❖ Sediment Removal at northwest inlet to Lake McKissick ❖ Inspection of White Pine Ridge Development (14 new lots) Intergovernmental Projects The Director of Public Works/City Engineer spent time coordinating and planning with Washington County, MnDOT, Browns Creek Watershed District and Middle St. Croix Water Management Organization for various projects affecting Stillwater and its infrastructure. The following is a list of projects and activities that were contributed to in 2021. ❖ County Road 5 Pedestrian Safety Improvement Phase III (design) ❖ Brown's Creek Trail Connection ❖ TH 36 and Manning Interchange Project (preliminary design) ❖ Lily Lake Drainage Project ❖ Brown's Creek Tributary Improvements Future Challenges and Opportunities ❖ Complete annual Street Improvement Project in a timely and efficient manner ❖ Implementation of Lumberjack Landing Master Plan ❖ Plan and develop street and utility extension for the southwest corner of the City ❖ Update GIS System and Beehive Assess Management system ❖ Downtown Parking Lot Improvements ❖ Assist in the planning and design of the Chestnut Street Plaza ❖ Continue development and study of southwest area street and utility extension ❖ Preliminary planning for 72nd Street upgrade and trail project ❖ Downtown Street Lighting Project Page 19 of 34 April 2022 Public Works Department The City of Stillwater Public Works Department is responsible for the reliable and the long-term operation, maintenance, repair, improvement and management of all City infrastructure. Public works staff provides its residents and businesses with clear passage of streets and trails, safe collection of wastewater, reliable flood protection, beautiful parks, fields and recreational facilities. Budget Update (Unaudited - General Fund Budget Departments Only) STREETS Description Appropriation Actual Personnel Services $ 699,789.00 $ 722,396.77 Supplies $ 275,500.00 $ 193,727.62 Services and Charges $ 294,484.00 $ 216,649.49 Miscellaneous $ 20,300.00 $ 48,111.17 Total $ 1,290,073.00 $ 1,180,885.05 PARKS Description Appropriation Actual Personnel Services $ 697,487.00 $ 686,740.70 Supplies $ 116,700.00 $ 80,509.87 Services and Charges $ 231,357.00 $ 258,161.31 Miscellaneous $ 46,300.00 $ 103,008.20 Other Financing Uses $ 135,000.00 $ 91,897.17 Total $ 1,226,844.00 $ 1,220,317.25 Program Accomplishments and Results, Special Awards, Recognitions ❖ Developed 5-year Capital Improvement Plan ❖ Upgraded Greeley Street Lift Station ❖ Construction of Pickle Ball Courts at Northland Park ❖ New Playground Equipment at Northland Park ❖ Completion of Parking Lot Improvements at Millbrook Field West ❖ Upgrade of SCADA System for Sanitary Sewer and Water Department Program Descriptions & Goals Parks Division The main objective of the Parks Division is to maintain and operate the parks in such a way as to promote recreation and leisure opportunities for Stillwater residents. Stillwater's Park System includes 40 parks, covering 624 acres, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, and 6 bathroom facilities. Activities required in meeting this objective include mowing, prep ballfields, trash pickup, maintain turf, inspect park infrastructure, maintain bathrooms, plow trails, setup and take down special events. The Parks Division also runs the Parks and Recreation Commission meetings. Street Division The Street Division's is responsible for the streets, storm sewer, signs and lighting and fleet in the City. Streets: The Street Department includes the repair and maintenance of the City's 96-mile street network so they are safe for the public. Activities include snow and ice control in the winter months, road maintenance repairs and tree trimming in the summer months. Other work includes trim boulevard trees, crack sealing, seal coating, painting crosswalks and pavement markings. Storm Sewer: The Storm Sewer Department is responsible for the maintenance and operation of the City's storm sewer system to insure minimal flooding during the storm events and to minimize the impact of storm water runoff Page 20 of 34 April 2022 to the environment. The City's storm system consists of 80 miles of storm sewer, 3,200 storm drains/manholes, 1 lift station, 140 ponds and 101 wetlands. As part of the City's MS4 permit, the City annually inspects and performs necessary repairs on 25% of the City's storm ponds and wetlands. Signs and Lighting: The main objective of the Signs and Lighting Division is to maintain and operate signs, lighting and signals to ensure roadway safety for the public. The City has 3,599 traffic signs, 1,020 street name signs and 1,643 street lights. The department is in the sixth year of a 10-year plan to replace all traffic and street name signs to meet the FHWA requirement for retro-reflectivity. Fleet: The department is responsible for the repairs of over 110 pieces of equipment ranging from lawn trimmers to tandem axle plow trucks as well assisting other city departments with their vehicle maintenance. Utilities Division The main objective of the sanitary sewer department is to insure uninterrupted operation of the City's wastewater collection system. The department maintains 92 miles of sanitary main, 14 lift stations, and 2,300 manholes. . Activities in the sewer department include clean and televise sewer lines, operate and monitor lift stations, provide 24-hour oversight to emergency backups and system failures, repair damage lines and manholes, Activities for the water department include daily pumphouse inspections, water testing and reporting, hydrant repair and flushing and residential and commercial service response. The Public Works Director coordinates the Utility Commission Meetings. Future Challenges and Opportunities ❖ Complete all scheduled Capital Outlay items ❖ Update 5-year CIP ❖ Develop Public Works Quality Standards ❖ Improve service delivery to residents ❖ Continue to look for ways to make the department more efficient ❖ Study improvements to the sanitary sewer system for further development in the SW area of the City ❖ Implement parks study of Prairie Park ❖ Upgrade lift stations ❖ Maintain, repair and improve aging infrastructure (streets, park amenities and utilities) ❖ Creation and development of two new parks: Bridgeview Park and Lumberjack Landing ❖ Maintain equipment to provide better service ❖ Maintain aging building facilities ❖ Meet the demand of the City and residents with current staffing levels due to increase expectations, added infrastructure, services and mandates ❖ Keep staff trained to keep up with new technology ❖ Dedicate staff time for planning, coordination and preparation for events and daily rental of parks and facilities, volunteer groups. ❖ Succession planning of leadership positions and replacement of senior employees within the department Program Output Indicators 2016 2017 2018 2019 2020 2021 Street maintained, miles 94.20 94.20 94.82 95.48 95.5 95.7 Snowplow events 12 11 13 19 18 17 Asphalt patch mix use, tons 1050 720 1050 944 1290 726 Sealcoat, miles of streets -- -- -- 1.97 1.5 1.8 Crack filling, miles of streets -- -- -- 9.7 18.3 4.85 Right of way permits issued 57 48 83 53 62 70 Obstruction permits issued 16 15 24 23 23 25 Streets overlayed, miles 1.19 2.7 3 3 1.4 3.4 Streets reconstructed, miles 0.74 1.6 1.2 1.3 2.2 1.26 Properties assessed for improvements 173 367 347 314 313 408 Review of new home grading plans 3 3 40 59 36 37 Pond outfall inspections 46 37 36 48 27 34 Televised sewer pipes, in feet 7,920 7,656 10,560 19,008 19,535 23,330 Street sweeping, lane miles 2,350 2,730 2,350 3,375 2,715 3,354 Street sweeping debris, cubic yards 1,850 2,556 1,850 1,476 1,832 1.874 Page 21 of 34 April 2022 Sewer pipes jetted, in miles 27 26 27.5 19.9 21 17.8 Sewer backups, each 6 6 6 9 15 2 Lift station alarms, each 25 12 31 200 180 Park area, mowed, acres 69 69 69.18 75.70 75.70 75.70 Traffic signs replaced 356 356 409 365 522 470 Water main breaks, each 13 Water meters installed, each 37 Water pumped, million gallons 745.28 Forestry related residential visits, each 120 Page 22 of 34 April 2022 Finance Mission The mission of the Finance Department is to manage and maintain financial records in conformity with generally accepted governmental accounting principles and in compliance with federal, state, and local laws. Additionally, the department oversees the investment of public funds, cash management, and the issuance of debt. The department develops and maintains effective and efficient financial planning, reporting, and central support systems in order to assist the operating departments in achieving their financial objectives; provides the City Council, City Administrator, and other City officials with financial information on a timely and meaningful basis; provides quality service to the City's customers and safeguards the City's assets. Department Organization Assistant Finance Director (1 FTE) Finance Director (1 FTE) Payroll HR Technician (1 FTE) Senior Account Clerk* (1 FTE) Accounting Specialist** (1 FTE) Fund FTE Finance 3.60 Sewer** .55 Storm Sewer* .10 Lighting* .10 Lodging* .20 Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 438,703.00 $ 405,159.96 Supplies $ 2,500.00 $ 1,469.34 Services and Charges $ 93,540.00 $ 99,948.67 Miscellaneous $ 2,350.00 $ 3,183.36 Total $ 537,093.00 $ 509,761.33 Program Descriptions & Goals The Finance Department is responsible for providing accurate and timely information regarding the City's financial affairs. To achieve this, the department provides the following services: ❖ Collection of revenue - Revenue is collected from a variety of sources including tax such as sales tax, property tax, and utility user's tax. Other sources of revenue include grant funds, charges for services, interest earnings, and intergovernmental transfers. ❖ Distribution of funds - Payments are made to vendors for services and material received. An improved system of issuing checks made the release of funds a reality on a weekly basis. Employee payroll checks and related benefits are paid on a bi-weekly basis. ❖ Proper transaction recording - Detailed accounting is achieved by recording all financial transactions in the City's financial system using a 15-digit numbering scheme. Each of these General Ledger Numbers are unique, are individually budgeted, and performance against these budgets are tracked. ❖ Financial reporting - Annual reports include the Comprehensive Annual Financial Report (CAFR), a report that regularly receives awards for outstanding financial reporting from the Government Finance Officers Association (GFOA). ❖ Budget administration - A budget is prepared for City Administrator and Council review and approve on a yearly basis. The approved budget is distributed and made available for public review and reference via the internet. Internally, staff manages their department's respective budgets. Page 23 of 34 April 2022 Debt issuance/management - Debt is issued with the Outstanding debt is administered in full accordance with issuances. Investment of City funds - The City's idle cash is invested in Policy with particular emphasis on the following criteria: • Safety • Credit risk • Market risk • Liquidity, and • Yield assistance of the City's financial advisor. the Official Statements of the City's bond strict accordance with the City's Investment Program Accomplishments and Results, Special Awards, Recognitions ❖ Successful 2020 Year End Audit ❖ Certificate of Achievement in Financial Reporting for the 2020 Comprehensive Annual Financial Report. Future Challenges and Opportunities Accounting software updates/support Merge Board of Water Commissioners financial operations with City financial operations Funding for new capital projects 2023 - 2027 CIP (Capital Improvement Program) Certificate of Achievement in Financial Reporting for the 2021 Comprehensive Annual Financial Report Page 24 of 34 April 2022 Fire Mission Our commitment is to protect life and property through dedicated service to the community. Values The Fire Department's vision is to provide service to our communities with P.R.I.D.E. - Professionalism, Respect, Integrity, Dedication and Excellence. Department Organization The Stillwater Fire Department was established by Council action on May 28, 1872. The Department is configured as a combination Department consisting of 12 career fire personnel and up to 30 volunteer paid -on -call personnel. Career staff consists of the Fire Chief, Deputy Chief/Fire Marshal, Assistant Chief of Operations, three shift Captains, six Firefighter/Engineers and a .75 Administrative Support position. The Department is staffed 24/7/365 days per year with a minimum of two personnel. The volunteer paid -on -call personnel respond when paged and are trained to various levels which include assistant chief officer to the rank of firefighter. Fire Chief (1 FTE) Fire Service Specialist I (.75 FTE) Deputy Chief Fire Marshal (1 FTE) A Shift Captain FTE) Lieutenant 11(1 VPOC) Firefighter Engineer (2 FTE) Firefighter 4- Assistant Chief Operations (1 FTE) B Shift Captain E) ILieutenant (1 VPOC) Firefighter Engineer (2 FTE) Firefighter (5 VPOC) Assistant Chief (1 POC) C Shift Captain (1 FTE) Lieutenant (1 VPOC) Firefighter Engineer (2 FTE) Firefighter (5 VPOC) Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 1,840,501.00 $ 1,787,277.21 Supplies $ 60,550.00 $ 58,600.04 Services and Charges $ 300,111.00 $ 269,415.44 Miscellaneous $ 12,500.00 $ 12,035.54 Total $ 2,213,66200 $ 2,127,328.23 Page 25 of 34 April 2022 Program Descriptions & Goals Stillwater Fire Department provides the following services to the City of Stillwater, City of Grant, Stillwater and May Townships. The total response area includes 53 square miles and a permanent population of approximately 28,000 residents. Services provided include: Fire Suppression •;• •;• •;• •;• Structure - Residential/Commercial Wildland/Urban Interface/Grass Marine Auto Basic Life Support (BLS) Non -Transport Emergency Medical Services • • • •;• •;• •;• Medical Emergencies CPR & AED Certified Advanced Airway Placement BLS Drug Variances Assist Lakeview EMS Blood Pressure Wellness Checks Code Enforcement/Inspections •;• •;• • • • New Construction Commercial Multi -Family Residential Day Care/Foster Care Special Events Technical Rescue • •;. •;. •;• Auto/Machinery Extrication High Angle Rope Hazardous Materials - Operations Level Hostile Event Response Community Support ❖ Community Events • Station Tours Water/Ice Rescue ❖ Surface ❖ Dive - Washington County Fire Department Dive Team ••• Boat - River and Lakes Terrorism Fire & EMS Education ❖ In-service Training for Business - Fire extinguisher, AED and CPR ❖ Drills and Exercises - Conduct drills, exercises and review emergency plans for assisted living facilities and area business ❖ Heart Safe Community Designation Fire Prevention ❖ School Visits and Activities ❖ Open House ❖ Senior Center Presentations ❖ General Emergency Preparedness and Fire Safety Presentations Maintenance ❖ City Fire Hydrants - Assist Water Department with annual required maintenance and flushing ❖ Fire Station - Maintain building, grounds, and mechanical equipment ❖ Trucks/Response Equipment - Daily inspections and inventory of apparatus and equipment Program Accomplishments and Results, Special Awards, Recognitions Stillwater Fire Department, SFD, responded to 2,279 calls for service in 2021. This is a 171 percent increase in call volume from 2020. As the community began to return to normal operations due to the COVID-19 pandemic the call volume increased significantly. In addition, SFD performed 721 code enforcement activities, in both new and existing structures; conducted plan reviews; investigated potential fire code violations; performed equipment and station maintenance duties, and completed over 2,500 hours of staff training to maintain required licensing and certification standards. The Department strives for continuous quality improvement to meet the needs of our ever developing community. Standard performance measures and improvements for 2021 include: • •;• • •;• Insurance Services Office (ISO) rating of 4 - (1 best 10 worst) Rated "Excellent" in quality of service by over 36% of respondents who returned fire department quality of service survey cards in 2021 2021 fire calls per 1,000 population for SFD's response area was 18 2021 EMS call per 1,000 population for SFD's response area was 59 Refurbished 20-year-old ladder truck to extend serviceable life by at least 10 years. Purchase Polaris ATV for special event response and improved trail response capabilities Designed and ordered new fireboat capable of pumping SOOGPM Implemented new incident pre -planning program to improve situational awareness Hired and promoted several volunteer paid -on -call personnel throughout the year Page 26 of 34 April 2022 The department looks forward to celebrating its 150th Anniversary in 2022. The Stillwater Fire Department aspires to be a recognized public safety leader providing a safe and secure environment for our community. The Department continually evaluates its operations to ensure SFD consistently exceeds the expectations of our citizens. SFD will be conducting an organizational staffing study in 2022 to look at current operations and how to best serve our community into the future. All activities to promote safety and ensure community preparedness are consistent with the City's goal of promoting Organizational Excellence and to provide the best possible service to our citizens. Calls by District 40 35 30 25 20 15 10 5 0 6% 2% 4964% ..44444 2,041 • City of Stillwater -1,920 • City of Grant - 96 May Township - 98 Stillwater Township - 130 Mutual Aid - 35 Annual Run Response Trend 1,938 2,279 2019 2020 2021 Mutual/Auto Aid 2019 2020 2021 ■ Given • Received Page 27 of 34 April 2022 $16,000,000.00 $14,000,000.00 $12,000,000.00 $10,000,000.00 $8,000,000.00 $6,000,000.00 $4,000,000.00 $ 2,000,000.00 $0.00 ^ 2019 ■ 2020 ■ 2021 Property and Content Save vs. Loss Property and Content Saved $13,678,520.00 $8,832,300.00 $3,514,750.00 Property and Content Loss $947, 580.00 $1,114, 770.00 $761, 250.00 Future Challenges and Opportunities Staffing, community growth and special events are challenges facing the Fire Department and is a major concern now and into the foreseeable future. The volunteer paid -on -call deployment model and providing consistent, well trained, staff is an issue not unique to SFD and is a local as well as a nationwide concern. In addition, the continued growth and expansion of our community and the addition of several new senior and assisted living facilities continue to add risk and to the call volume SFD is experiencing. Program Output Indicators 2015 2016 2017 2018 2019 2020 2021 Total Calls for Service 1,838 1,826 1,913 1,821 2,041 1,938 2,279 ■ ;Limo; ti- 4 4 r 4 4•n di 000 44# A. EjliLLI'�l` 1 Ll_ l i1 L 1kW W • _'1 ■ • • a .. ■4 - - 41. i .r ' ■ ■E / 81IIMP;71:111111.111 l t +. ^ _ .•a Page 28 of 34 April 2022 Police Mission To maintain and enhance the quality of life and public safety in Stillwater by working with the community, enforcing laws and ordinances in a professional manner. Department Organization Admin / Investigation Captain (1 FTE) INVESTIGATIONS nvestiga Sergeants (1 FTE) 1• General Investigator (2 FTE) SRO/Iuv Investigator (1 FTE) RECORDS Police Chief (1 FTE) IsADMIN UPPORT Data 11 Specialists Community Resource Officer/Evidence (1 FTE) Community Service IOfficer (1 FTE) Ops / Patrol Captain (1 FTE) GENERAL mLATROL trol Serge (4 FTE) Patrol Offic (10 FTE)441 DOWNTOWN mLRECINCT Fk,ntown Officers f PATROL SUPPORT Crisis Response Professional (1 FTE) Parking Enforcement (1 FTE) Budget Update (Unaudited) The financial information shown only reflects expenditures and does not include any offsetting revenues. Description Appropriation Actual Personnel Services $ 3,454,122.00 $ 3,438,616.73 Supplies $ 72,700.00 $ 69,047.63 Services and Charges $ 358,809.00 $ 411,584.98 Miscellaneous $ 19,250.00 $ 22,745.88 Total $ 3,904,881.00 $ 3,941,995.22 Program Descriptions & Goals Primary programs are Patrol, Investigations, and Administration. Other programs include Parking Enforcement, Event Security, Crime Prevention, SWAT, Crisis Negotiations Team, Mobile Field Force, Animal Control, Emergency Management, and School Resource Officer ❖ Patrol: Calls for service (Over 18,000 last year) realized a 23% increase, development of a Downtown Precinct to address influx of tourists Page 29 of 34 April 2022 ❖ Investigations: Investigate cases requiring follow-up or special resources. School Resource Officer (time split between SW Middle School and Investigations). Computer Forensics investigations ❖ Administration: Records requests; Background checks; budgeting and finance; logistics; planning; Firearms Purchase Permits, maintaining and monitoring various databases. Working through Organizational Assessment RFP and Policy/Operational Review ❖ Crime Prevention: COVID-19 restrictions began to be lifted allowing for in -person events (Nite to Unite/Bike Rodeo/Summer Tuesdays etc). Continued Increased Social Media - Facebook ❖ Parking Enforcement: Oversee City parking infrastructure (ramp, lots, on -street parking), enforce parking ordinances ❖ Event Security: Provide planning and staffing for public safety at a majority of events occurring in City 20000 19000 18000 17000 16000 15000 14000 13000 12000 11000 10000 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 17866 Calls for Service 15174 18723 2019 2020 2021 Page 30 of 34 April 2022 700 600 500 400 300 200 100 0 179 592 Group A and Group B Offenses 572 285 1 291 501 239 r 2018 2019 2020 2021 ■ Group A ■ Group B 321 Program Accomplishments and Results, Special Awards, Recognitions ❖ Handled COVID-19 restrictions/guidelines within agency and community ❖ Developing Incident Action Plans (IAP's) for year-round events ❖ Life-saving award given to three officers Future Challenges and Opportunities ❖ Remodel of Police Department: Review of police facilities and future needs ❖ Overall Staffing: Review of Police Department Staffing models and funding needs (2022 RFP) ❖ Police/Operational Review: Review of all polices/operations (underway/Lexipol) ❖ Mental Health/Substance Use Disorder Call Response: These types of calls for service are complicated and resource -intensive. Review of potential innovative/collaborative approach needed (new approach funded for 2022) ❖ Managing Statistics for Data -Driven Resource Deployment Page 31 of 34 April 2022 Legal Services Mission To provide the best quality legal services in the most efficient and professional manner. Budget Update (Unaudited) Description Appropriation Actual Personnel Services $ 0.00 $ 1,029.36 Supplies $ 0.00 $ 0.00 Services and Charges $ 190,584.00 $ 175,216,00 Miscellaneous $ 1,500.00 $ 0.00 Total $ 192,084.00 $ 176,245.36 Legal services are divided into four parts: Retainer, Non -Retainer, Pass -Through and EDA (Economic Develoment Authority). Retainer services include providing routine legal advice, drafing routine ordinances or amendments, review of contracts, conducting training for all boards and commissions and attending Council meetings. The Retainer fees are $75,000 per year. Non -Retainer services are billed above the Retainer and include non -routine easement acquistions and special projects. Pass -Through services are development projects and litigation, much of which is recovered by Developers or by the Leaque's of Minnesota Cities Insurance Trust. Below is a summary of the the hours and fees for legal services in 2021: TYPE OF SERVICE HOURS FEES Retainer 532 $74,431 Non -Retainer 285 $42,060 Pass -Through 323 $59,656 EDA 18 $2,806 TOTAL 1158 $177,953 As a comparison, the legal fees for 2020 were approximately $145,000. The increase for 2021 is mostly due to increased litigation and major development projects. How the hours break down by department is shown below: EDA 2% Development/Litigat gi ion 28% Non -Retainer Special projects/Acquisitions 22% Charter Comm. 0% Library Board 2% Admin 19% Water Boar 1% HR 3% / Finance __l0% Comm. Dev. 11 14% Police 3% Fire 1% Public Works 3% Park & Rec 2% Page 32 of 34 April 2022 The remaining charts show how some of the fees were allocated. or Page 33 of 34 Development Projects Other 4% 200 Chestnut 21% Central Commons 38% Terra Springs Development 9% Special Projects Riverbank Stablization Project 30% Marylane Gateway 10% White Pine Ridge 18% Neal Avenue Improvements 24% Nuisance Ordinances 40% Lumberjack Landing 6% 1 April 2022 Program Accomplishments and Results, Special Awards, Recognitions ❖ We completed the nuisance ordinance amendments to allow for the implementation of administrative citations. Approximately $1,325 in administrative citation fees were collected for code violations. ❖ We completed the integration of the Water Board into the Public Works Department ❖ The major Development Projects were Central Commons and 200 Chestnut, but we also provided ongoing support to the Planning Department regarding planning, zoning, and easement questions ❖ We prepared the enabling legislation for the enactment of the EDA ❖ We were able to restart discussions with the Terra Springs HOA toward a resolution of the unfinished easements and fees ❖ After 92 years, we successfully moved our office from South St. Paul to Eagan into 12,000 square feet of newly remodeled space Future Challenges and Opportunities ❖ Continue to be engaged in the White Bear Lake litigation Page 34 of 34 April 2022 4111wa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 5, 2022 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:31 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller (remotely) Public Works Director Sanders IT Manager Holman Library Director Troendle OTHER BUSINESS Events Policy Discussion Community Development Director Gladhill led discussion of staff recommendations for Events Policy changes, based on initial policy direction from the City Council and an Event Planner Workshop held on February 22, 2022. He requested that the Council provide final, broad policy direction on key policy points. A formal amendment to the policy and fee schedule will be brought to a future meeting. Councilmember Polehna asked if a two-phase application process would create more works for the City versus putting the onus on the event planners to apply early; andMr. Gladhill answered that staff meets with event planners already, so it is not necessarily more work. Phase I would be a simple process, Phase II would be more detailed. Mayor Kozlowski stated having conceptual approval early makes sense. Depending on factors like the river level, some details have to be worked out closer to the event date. Councilmember Polehna commented that new events should come before the Council, but staff should be trusted to make decisions on recurring events without coming back to the Council for final approval. City Clerk Wolf noted some events come before the Council because they require contract approvals. They could be placed on the Consent Agenda. Councilmember Junker added that many events come before the Council to request fee waivers. City Council Meeting April 5, 2022 Mr. Gladhill summarized that for large recurring events, Phase I would be Council concept approval and Phase II approval would be delegated to staff. He went on to discuss fees. Generally event planners appreciate the bundled fees. The Downtown Parking Commission (DTPC) supports a fee for closure of a lot, but does not want to require an entire lot be reserved if the event just needs a few spaces. The DTPC and the Parks Commission stated they do not have to see every application, only big policy issues. Under the proposed changes, the City would be responsible for determining public safety and public works staffing for events, eliminating the event planner negotiating these things. Councilmember Junker indicated that he realizes Lumberjack Days does not need as much policing as in the past, but he also does not want to pay for event policing from City coffers. Police Chief Mueller stated the goal is to eliminate negotiation with event planners being solely about the dollars. His concern is purely public safety. The cost of providing public safety for events will always exceed any amount of fee the Council would be willing to pass on to an event. Mr. Gladhill added that the proposed increase in liquor license fees for events may recoup some public safety costs. Mayor Kozlowski pointed out that it is the City's duty to protect the public. He is OK charging for providing officers, but opposes trying to recoup all public safety costs from the events because they bring value to the City. Event revenues go back into the events, the Chamber, or the nonprofits. Councilmember Odebrecht inquired how much the City spends on events; and Mayor Kozlowski replied that last year it was about $250,000, but he felt it was more. Councilmember Junker stated the question is, is the City recovering costs from the events? The cost for staffing during big events, when nobody takes vacation and there is full staff, is a cost over and above what is put into City -run events like 4th of July. The event organizer needs to be responsible for some cost. Police Chief Mueller and Community Development Director Gladhill stated more work needs to be done to gather data on costs to the City. The Council directed staff to finalize the event policy and fees and bring back for formal approval at the next meeting. St. Croix Valley Recreation Center Event Rental Community Development Director Gladhill reported that the Rec Center continues to get requests to host large events. There has been a request to use the Center for a fishing expo. Staff does not feel that the City is prepared to allow private events in this space. He asked for Council direction. Council consensus was to delegate Rec Center Manager Doug Brady to decide if the fishing expo can be accommodated. Sam Bloomer Way Mr. Gladhill stated that staff is recommending the City close Sam Bloomer Way. If the Council concurs, formal action can be taken at a future meeting. Fire Chief Glaser and Police Chief Mueller noted that if closed, it would still have to be accessible for emergency vehicles. They concur with closing it for public safety. Page 2 of 8 City Council Meeting April 5, 2022 The Council agreed to close Sam Bloomer Way to vehicular traffic. Mr. Gladhill will bring back options for long term closure methods. Temporary Outdoor Seating Policy Community Development Director Mr. Gladhill stated that in February, the Council discussed Temporary Outdoor Seating Permits that were created as a result of indoor restrictions due to the COVID Pandemic. Broad direction was to generally NOT allow these types of outdoor seating in public spaces, specifically roadways and public parking stalls. The Council did, however, indicate support for continuing the closure of Union Alley, since it is not a full public street, did not result in the loss of public parking, and resulted in the cleanup of a blighted area. Some businesses have asked that outdoor seating continue to be allowed in some form. Additionally, businesses on Chestnut have asked for beautification help from the City. Mayor Kozlowski indicated that he would like to see an annual permit for this type of seating, which could be removed or revoked if necessary. City Attorney Land stated the Council would have to adopt an ordinance allowing an administrative interim use permit, which could come before the Council the first time, but the next year could be approved administratively. Council consensus was to initiate an Interim Use Permit for private property outdoor use. The Council also approved using funds to beautify Chestnut Street west of Main Street with flower pots. Christine (no last name given) stated via Zoom that Chestnut Street business owners are eager to work with City in any way to improve the area. Mr. Gladhill stated he met with Brians, Brick and Bourbon, No Neck Tony's and other business owners who stated they would appreciate having the parklets and are willing to make stronger barriers if the Council will reconsider allowing them. Councilmember Junker noted it was always a temporary, one year solution that turned into two because COVID was extended. The parklets were never designed to be long term. Mayor Kozlowski stated he likes the parklets, but there are legal hurdles today that did not exist when the City was under the Governor's Order. At that time, the bars and restaurants were closed but retail was not. Now that it is a level playing field, retailers may ask to put their products in the public right-of-way too. The original intent was to help businesses that were closed during the pandemic. The Council consensus was to not allow use of City property or parking spaces for private outdoor use except Union Alley. STAFF REPORTS Public Works Director Sanders stated the Riverbank Stabilization Project is underway and should be completed by the end of May. Chestnut Street west of Main Street will be turned over to the City in the future. The river level is expected to rise due to the rain amounts. Fire Chief Glaser presented the 2021 Fire Department Annual Report. The Department responded to 2,279 total calls in 2021, an increase of 17.5%. In 2022 the Department will celebrate its 150th anniversary. Page 3 of 8 City Council Meeting April 5, 2022 Finance Director Provos informed the Council that staff is working on the 2021 audit. Community Development Director Gladhill reported that applications for the Assistant Planner position are being screened, and recruitment is underway for City Planner, as City Planner Wittman has resigned to work for Forest Lake. Bolton & Menck firm is being used during the transition. City Clerk Wolf noted that donation requests have gone out for the July 4th Celebration. 45th Parallel Distillery has received its liquor license. There is an opening on the Carnelian - Marine on St. Croix Watershed District Board. The League of Minnesota Cities' annual conference is set for June 22-24. City Administrator Kohlmann stated that Police Department Operational Review proposals are being reviewed. He will present the City's Annual Report at the next meeting. IT Manager Holman provided updates on Department activities and projects underway. The cyber security contract is done; new police body cameras are being set up. Library Director Troendle reported Stillwater Public Library had the second highest volume since 2012 for lending materials. The April NEA Big Read Program features An American Sunrise. There will be a used book drive April 9 and 16 and a used book sale April 20-23. RECESS Mayor Kozlowski recessed the meeting at 6:01 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 Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Appreciation Orwin Carter (Charter Commission) Mayor Kozlowski presented Orwin Carter a Certificate of Appreciation for 15 years of service on the Charter Commission. Proclamation — Organ Donation Awareness Month Mayor Kozlowski proclaimed April 2022 as Organ Donation Awareness Month. Page 4 of 8 City Council Meeting April 5, 2022 Councilmember Odebrecht spoke personally of the lifesaving benefits of organ donation and voiced appreciation for Stillwater being the first Donate Life City in the nation. Proclamation - Stillwater Unified Basketball Team Mayor Kozlowski proclaimed April 6, 2022, Stillwater Area High School Unified Basketball Team Day. Thomas Blair, SAHS Junior and team coach, and Paula Harrison, physical education teacher, thanked the community for their support for the unified basketball program. Proclamation - Stillwater High School Wrestlers Hunter Lyden, Audrey Rogotzke and Ryder Rogotzke Mayor Kozlowski proclaimed April 7, 2022 Hunter Lyden Day; April 8, 2022 Audrey Rogotzke Day; and April 9, 2022 Ryder Rogotzke Day in recognition of the athletes' outstanding achievements on their respective wrestling teams. Hunter, Audrey and Ryder voiced appreciation for their recognition. OPEN FORUM Steve Meister, Meister's Bar and Grill, voiced concerns about bicyclists who disobey traffic signs. He also asked the Council's consideration allowing Meister's to put tables on their private property outdoors. CONSENT AGENDA March 15, 2022 regular meeting minutes Payment of Bills 2022 Farmers Market Contract East Metro Public Safety Training Facility Agreement Gambling Premise Permit for Washington Co. Star Trail at La Carreta - Resolution 2022-049 Mutual Aid Agreement with St. Croix County Sheriff's Office for Law Enforcement Services Playground Structure Replacement Request for Anez Ridge Park and Meadowlark Park Police Camera System Purchase Request from Axon Enterprises Riverview Parking Lot Assignment - Resolution 2022-050 Washington Conservation District Raingarden Agreement - Resolution 2022-051 Purchase Request to Replace Fueling System at Public Works Roll -off Hauler License for Gene's Disposal Service Inc. Traffic Impact Study Agreement for 207 3rd St S (Landucci Homes) Project - Resolution 2022-052 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case 2022-17 to consider of a Zoning Text Amendment regarding swimming pool locations - Ordinance 1st Reading Community Development Director Gladhill stated that currently, the City restricts pools to the rear yard. However, when a pool is proposed for a corner lot, this regulation is hard to Page 5 of 8 City Council Meeting April 5, 2022 achieve. The City has granted variances to allow for pools to be located in an interior side yard of corner lots. However, variances are intended for dimensional standards and, therefore, granting a variance to allow for a pool to be located in a side yard (opposed to a rear yard) is not entirely in line with the requirements set forth for the issuance of a variance. The Planning Commission and staff recommend the City Council approve first reading of an ordinance amendment. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins to adopt first reading of an ordinance amending Stillwater City Code Chapter 31-514, Subd. 5 regarding Corner Lot Swimming Pools and amending Chapter 33- 2, Subd. 4(1) regarding Corner Lot Swimming Pools. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Chestnut Street Plaza Project Approve Plans and Specs Community Development Director Gladhill stated that the revised engineer's estimate for the project (construction costs only) is approximately $2.8 million. MnDOT increased their allocation by $225,000 due to the increased costs related to soils contamination in MnDOT right-of-way, for a total contribution of $2,225,000. Design cost plus construction administration is estimated at $375,000. The City has requested $500,000 funding through the State Bonding Bill for multiple phases of Downtown Riverfront Improvement Projects, including Chestnut Street Plaza. The City has identified Pre-1990 Pooled Tax Increment Financing Dollars as the source of funding for the City's match to the project. He presented the design rendering and outlined the current estimated project costs and funding sources. Construction will start after July 4th and can be complete by late fall. Based on previous Council direction, staff recommends that the Council approve Final Plans and Specifications and direct staff to advertise for bids. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2022-053, Approving Final Plans and Specifications for Chestnut Street Plaza and Authorizing Advertisement for Bids. All in favor. Union Alley Outdoor Seating and Art Alley Mr. Gladhill explained that The Lumberjack (Sara Jespersen) and Lolito (Joe Ehlenz) have requested approval to continue the seasonal closure of Union Alley to provide for outdoor seating. There are two components: 1) Continue seasonal closure of Union Alley for outdoor seating; and 2) Authorize an 'Art Alley' Concept. Based on previous City Council direction, staff recommends approval of this request for temporary closure of Union Alley for outdoor seating, with six conditions. Joe Ehlenz, applicant, stated they are open to paying a fee for use of the space, however over the last two years he and Ms. Jespersen have spent thousands of dollars to clean up the alley and would like to continue doing so. They understand there are some people who are not Page 6 of 8 City Council Meeting April 5, 2022 supportive and they want to work together to resolve those issues. Their businesses close at 9 p.m. and they would prefer to continue using the alley for outdoor seating and art as opposed to reverting to garbage like before. Sara Jespersen, applicant, stated business owners have worked hard together to figure out how to make the art work and respect the historic buildings. Councilmember Junker asked if the artwork would be on canvas or applied to the buildings; and Ms. Jespersen replied that right now it would be on canvas. She has looked at getting some recycled billboards and has been working with local artists and local businesses to sponsor artwork. They would need to obtain Heritage Preservation Commission (HPC) approval. Mayor Kozlowski voiced surprise that the HPC governs what would be painted on the buildings in the alley. Councilmember Junker recalled a mural at the Freight House years ago that did not meet any standards and had to be painted over. The regulations cover the whole downtown district. Mr. Ehlenz pointed out every building in the alley has been tagged by graffiti. Being able to paint on the buildings would allow it to be a better changeover every year. Regarding fees for use of the space, Councilmember Junker suggested a fee based on square footage. There is roughly 1500 square feet of useable space there, and the going rate for Main Street rents is $20-25 per square foot, so he was thinking of a $10-12 range which would mean roughly $1,600 a month for that space. Mr. Ehlenz pointed out there is upkeep and potential weather issues to consider. Even if split in half, he probably would not pay $800. The garbage for several businesses is kept there, which caused him to lose about two months of business last year. He would be open to some kind of fee, but does not see the alleyway being worth that much money. Councilmember Odebrecht agreed that the City usually should charge when land is used for private purposes, but this is an exception because the business owners have poured money and time into it. Mr. Ehlenz stated he doubts the Council knows how disgusting the garbage is on a daily basis. Many people drop off their own garbage there and he is constantly sweeping up and keeping it clean. For instance broken bottles from No Neck Tony's are hard to clean up. Tony from No Neck Tony's (remotely) refuted that his employees leave broken bottles there. Mayor Kozlowski stated he would not charge the businesses anything to maintain the alley, they are doing the City a service. Mr. Gladhill stated one option would be to use the obstruction permit process, whose fee is $90 every two weeks when roads are blocked, i.e. for construction. Councilmember Odebrecht stated he would not support charging $180. There needs to be some charge even if it is a token because it is public space going to private use. But they did so much for the alley. Mayor Kozlowski noted there are other areas of the City that are used by private businesses that are not being charged. He would consider a nominal charge. Page 7 of 8 City Council Meeting April 5, 2022 Councilmember Polehna stated he would like to see a plan before approval, with details on what, when it will be implemented, and how. Ms. Jespersen stated she will work with local artists, put together a proposal and try to fundraise, but she cannot do that till they are assured of potential approval. Councilmember Collins stated he is OK with the outdoor dining, but does not support murals on the buildings. If it was something removable he might support it. Mr. Gladhill stated the two issues can be separated. He would like direction on outdoor dining. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve Resolution 2022-054, Approving Encroachment Agreement for Use of Union Alley for The Lumberjack and Lolito. All in favor. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to authorize the "Art Alley" concept. Motion passed 4-1 with Councilmember Collins voting nay. Mr. Gladhill will work with staff to base a fee on the existing fee schedule and work with the City Attorney to formalize the agreement. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:11 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022-049, Approving Minnesota Premises Permit for Lawful Gambling for Washington Co. Star Trail at La Carreta Resolution 2022-050, Approving Assignment Agreement with the Veterans Memorial Committee Resolution 2022-051, Approving Agreement Between Washington Conservation District and the City of Stillwater for Raingardens Maintenance Resolution 2022-052, Approving Contract for Services with SRF for Traffic Study Related to Myrtle Street Apartments Resolution 2022-053, Approving Final Plans and Specifications for Chestnut Street Plaza and Authorizing Advertisement for Bids Resolution 2022-054, Approving Encroachment Agreement for Use of Union Alley for The Lumberjack and Lolito Page 8 of 8 Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 628.50 Action Rental Inc. Genie scissor lift & trailer rental 226.33 Advance Auto Parts Equipment repair supplies 247.97 Animal Humane Society Pound charges 440.00 Becker Arena Products Vinyl kit & supplies 1,236.81 BlueCross BlueShield Group Medicare Retiree Health Insurance 13,576.00 BlueCross BlueShield of MN Inc. Retiree Health Insurance 20,794.50 Bolton & Menk Inc. Mid Oaks lift station rehab 507.50 Brock White Co. LLC Crafco Roadsaver 5,170.00 Bureau of Crim. Apprehension Terminal access charge 270.00 Campion Barrow & Associates Law enforcement testing 440.00 Canteen Refreshment Services Concession supplies 183.11 Century College Rope Rescue - Smith 595.00 Century Power Equipment Equipment repair supplies 120.54 Cintas Corporation Laundry service 470.93 Community Thread Contribution 5,250.00 Core & Main Supplies 100.08 Crysteel Truck Equip Cylinder 75.21 Custom Fire Apparatus Supplies 31.58 Dalco Janitorial supplies 2,290.66 Door Service Company City hall main door repair 75.00 Emergency Automotive Equipment for new squad 2,048.05 Enterprise FM Trust Lease vehicles 10,470.10 Environmental Equipment & Services Equipment repair charges 1,823.02 Force America Equipment repair supplies 3,819.94 Fury Motors Vehicle repairs 676.80 Gertens Wholesale Fertilizer 13,570.39 Goodyear Commercial Tire Tires 3,885.49 Gopher State One Call Inc. Locates 122.85 Grainger Press tool kit & supplies 2,804.39 Guardian Supply Uniforms & supplies 2,463.84 Huebsch Service Mat cleaning service 705.56 Ice Sports Industry Show/Exhibition 25.00 Jefferson Fire and Safety Inc. Fire coat & pant 327.36 Kelly & Lemmons PA Prosecution 8,333.00 Knutson Development Grading Escrow Refund - 14870 62nd St N 5,000.00 Kohlmann Joseph P Hotel for League Of MN Cities Conference 3,103.23 Kwik Trip Inc Fuel 47.56 Lawson Products Fleet repair supplies 197.25 League of MN Cities Annual conference 1,236.00 Lexipol LLC Annual Law Enforcement Procedures Manuals Policy 11,658.88 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Loffler Companies Computer equipment 8,139.68 Madden Galanter Hansen LLP Labor Relations Services 2,738.76 Mallet Michael Reimburse for uniform supplies 86.74 Mansfield Oil Company Fuel 8,211.27 Marie Ridgeway & Associates Therapy Session 750.00 Martin -McAllister Consulting Menards Metropolitan Council Metropolitan Council Environmental Midwest Machinery Co Miller Excavating Minnesota Air Minnesota Fitness MK Mechanical Inc Office Depot OnSite Sanitation Parts Alliance North Posch Builders RiedelI Shoes Inc. Ries Farms LLC RotoMetals SHI International Corp Springbrook Software St. Cloud State University St. Croix Boat and Packet Co. St. Croix Recreation Fun Playgrounds Stillwater Motor Company Streichers Taylor Electric Thomas Lance & Kim Thomson Reuters Titan Machinery Shakopee Toll Gas and Welding Supply Uline Inc Valley Trophy Inc. Veterans Memorial Voyant Communications Washington County Road & Bridge Washington County Sheriffs Office Washington Cty Historical Society Xcel Energy Youth Service Bureau LIBRARY 4lmprint Amazon Business Artistry Baker and Taylor Blackstone Publishing Brodart Co Chan Karen Comcast Culligan of Stillwater Personnel Evaluation Supplies Monthly SAC Wastewater Charge Equipment repair supplies 2019 Street Project Equipment repair supplies Maintenance on fitness room equipment Equipment repair Office supplies Portable Restroom Filters Grading Escrow Refund - 904 Harriet St S Skates Dirt disposal Lead pouring ladle for utility dept Microsoft agreement 2021 Monthly UB web payments Membership - Jenna Schmid Arena billing Benches Vehicle service Training ammo Lowell Park light poles Special assessment overpayment Information Charges Equipment repair supplies Cylinders Supplies Name plate Super Valu Parking Phone Traffic services SWAT team & MFF insurance Contribution Energy Contribution Materials Materials & supplies Programs Materials Material - Audio Materials Programs Internet Water Page 2 3,900.00 2,123.34 9,840.60 171,634.30 724.05 47,728.45 162.22 250.00 3,073.10 127.10 976.00 72.88 1,500.00 120.24 1,019.44 83.35 40, 378.00 551.00 445.00 81,416.60 8,344.88 58.84 2,581.07 1,450.00 233.55 158.12 145.13 48.11 5,021.84 18.50 4,347.00 529.01 85.07 1,609.06 1,250.00 19, 358.11 2,750.00 2,738.50 957.44 355.00 2,036.58 32.00 11,803.18 350.00 188.10 55.00 Greene Ne-Dah-Ness Huebsch Service J.D. Power & Associates Midwest Tape Regents of the U of M Serendipity Art & Design MARCH CREDIT CARDS Amazon.com American Planning Association ARI Hetra AT&T Mobility 1735 B&H Photo Backgroundchecks.com Dream Host Equally Al Greater Stillwater Chamber of Commerce Metal Doctor MN Assoc Women Police MN Government Finance Officers National Registry of EMT SOTA The Business Journals Uptime Robot Wells Fargo Bank MN NA Women Make Movies MARCH MANUALS AT&T Mobility 8509 Comcast Group Medicareblue RX Lone Oak Companies Inc Xcel Energy Programs Towels and Rugs Materials Materials Materials - Processing Programs Toner for printer Conference registration (will be refunded) Equipment repair supplies Wireless card for locator EOC Equipment Back ground checks Website Hosting Website Accessibility Tool Booth for Job Fair Equipment repair supplies Conference registration Membership EMT Recert Fee Training conference Materials - Periodicals Internet monitoring service Over limit fee Programs - Adult Cell Phone Internet Retiree Prescriptions Ins UB Postage Energy Page 3 250.00 194.36 210.00 1,218.14 253.00 125.00 126.66 835.00 166.66 83.50 2,226.82 253.48 21.45 279.00 225.00 605.17 400.00 70.00 50.00 350.00 160.00 84.00 39.00 465.00 88.24 258.22 9,646.00 2,780.07 87,618.23 illwater THE BIRTHPLACE OF MINNESOTA DATE: April 12, 2022 TO: Honorable Mayor and City Councilmembers FROM: Abbi Wittman, City Planner SUBJECT: 420 William Street North Encroachment Agreement (Case No. 2021-16) BACKGROUND The property owners of 420 William Street North would like to construct a home on their property. In 2021 they requested City Council permission to construct a driveway and extend utilities over and under an undeveloped portion of William Street North. At that time, the Council was favorable to the future use of this right-of-way and directed the property owner to work with City staff on the development of a formal encroachment agreements. One encroachment agreement is needed now for the construction of the driveway whereas the other will be required post -construction, after utilities have been extended. Enclosed is an executed encroachment agreement for the driveway and associated raingardens. RECOMMENDATION Staff recommends approving the encroachment agreement for the driveway and associated raingardens required for the impervious surface area. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON WILLIAM STREET NORTH, SABIN'S ADDITION TO THE CITY OF STILLWATER IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA. AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON WILLIAM STREET NORTH, SABIN'S ADDITION TO THE CITY OF STILLWATER IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS AGREEMENT ("Agreement") is made, entered into and effective this day of , 2022, by and among the City of Stillwater, a Minnesota municipal corporation ("City"), and Tyler B. Morris -Rees and Justin R. Morris -Rees, spouses married to each other (individually and collectively "Landowner"). Subject to the terms and. conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties hereincontained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1. Terms. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2. City. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.3. City Property. "City Property" means the unopened right-of-way dedicated as William Street North in the plat of Sabin's Addition to the City of Stillwater, recorded on May 15, 1882, in the Office of the Register of Deed, Washington County, Minnesota. 1.4. Construction Plan. "Construction Plan" means all of the plans, drawings specifications and surveys on file with the City, as amended and approved by the City Engineer, relating to Landowner Improvements, which are hereby incorporated by reference and made a part of this Agreement. 1.5. Encroachment Area. "Encroachment Area" means the following real property, legally described on Exhibit A, attached hereto and incorporated herein, to be used by Landowner for Landowner Improvements. 1 1.6. Landowner. "Landowner" means individually and collectively Tyler B. Morris - Rees and Justin R. Morris -Rees, spouses married to each other, and their successors and assigns in interest with respect to the Subject Lot. 1.7. Landowner Improvements. "Landowner Improvements" means Landowner's driveway and raingarden which will be located in the Encroachment Area on City Property, depicted on Exhibit B and as detailed on the Construction Plan. 1.8. Landowner Property. "Landowner Property" means the following real property located in the City of Stillwater, Washington County, Minnesota: Lot Four (4), Block Eleven (11), Sabin's Addition to the City of Stillwater, according to the recorded plat thereof, Washington County, Minnesota. Abstract Property PID: 28.030.20.23.0054 1.9. Maintain. As used in this Agreement with respect to the Landowner Improvements, "Maintain" and derivations thereof means to upkeep and repair in accordance with relevant City ordinances and regulations applicable to such improvements. ARTICLE 2 RECITALS 2.1. Landowner owns Landowner Property. 2.2. Landowner Property is being developed with a residential use and will require encroachment on City Property for Landowner Improvements so that the development can have reasonable access to a public street. 2.3. Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to be placed within the Encroachment Area, on the condition the Landowner maintains Landowner Improvements. ARTICLE 3 AGREEMENTS 3.1. Construction And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the Landowner Improvements in the Encroachment Area. The Landowner Improvements shall only be placed at the locations specified in the Construction Plan. The Landowner Improvements must be constructed according to the Construction Plan. Landowner shall not place any other structures, retaining walls, irrigation systems, buildings, fences, landscaping, trees or shrubs in the Encroachment Area. except for the Landowner Improvements, without the City's written consent. 2 After construction, Landowner, at its own expense, shall maintain and repair. the Landowner Improvements. 3.2. City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 3.3. Continuing Right To Encroachment Area. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the Encroachment Area. 3.4. Subordinate Position Of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the Encroachment Area. 3.5. Risk Of Loss. Landowner understands and agrees that the Landowner Improvements within the Encroachment Area may be adversely affected by damage caused to Landowner Improvements arising out of the City's use of the Encroachment Area. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner for such events. Landowner assumes the risk of installing the Landowner Improvements in the Encroachment Area. 3.6. Emergency. The City shall not be required to give such notice if the City's engineer determines that an emergency exists. In such instance, the City, without giving notice to Landowner may perform the work and in such case the Landowner shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged to the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. 3.7. Remedies. if the Landowner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. (b) If Landowner fails to make payments under Section 3.6, then the City may certify to Washington County the amounts due as payable with the real estate taxes for Landowner Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The Landowner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Landowner Property. 3 Further, as an alternate means of collection. if the written billing is not paid by the Landowner, the City, without notice and without hearing, may specially assess the Landowner Property for the costs and expenses incurred by the City. The Landowner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Landowner Property. The Landowner waives any appeal rights otherwise available pursuant to Minnesota Statute §429.08I. The Landowner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Landowner Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construedto be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.8. Indemnification. The Landowner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, Iiabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Installation and maintenance of the Landowner Improvements; (c) Failure by the Landowner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the Encroachment Area for Landowner Improvements. 3.9. City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Landowner's obligations contained in Article 3 if the Landowner does not perform such obligations. 3.10. No Third Party Recourse. Thirdparties shall have no recourse against the City under this Agreement. 4 3.11. Recording. This Agreement shall be recorded with the Washington County Recorder against both the Landowner Property and the Encroachment Area. 3.12. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Landowner Property and City Property and shall be binding upon the heirs, successors, administrators and assigns of the parties, for so long as the Landowner Improvements remain on the City Property. 3.13. Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 3.14. Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 3.15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 3.16. Headings. The subject headings of the sections this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. - 3.1. Notice. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to City: City of Stillwater Attention: City Administrator 216 North Fourth Street Stillwater, MN 55082 5 If to Landowner: Tyler B. Morris-R.ees and Justin R. Morris -Rees 978 St. Clair Avenue St. Paul, MN 55105 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page has been intentionally left blank.] 6 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY: CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this day of , 2022, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf, to me personal]y known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality: Notary Public 7 LANDOWNER: /79 Ty°=rB. Morris -Rees stin R. Morris -Rees STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this t 1 ttday of Y , 2022, before me allotary Public within and for said County, personally appeared Tyler B. Morris -Rees and Justin R. Morris -Rees, spouses married to each other, to me personally known. Thisinstrument drafted by And after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 8 ¢"'"A. JEANNE M ANDERSON * - .1 NOTARY PUBLIC - MINNESOTA MY COWAISSION EXPIRES 01 /31125 EXHIBIT A LEGAL DESCRIPTION OF ENCROACHMENT AREA The northerly 75.00 feet of the southerly 250.00 feet and the westerly 30.00 feet of the northerly 25.00 feet of the southerly 175.00 feet of the portion of that street as shown per the Plat of Sabin's Addition to the City of Stillwater lying between Blocks 10 & Blocks 11. A-1 EXIIIBIT B DEPICTION OF LANDOWNER IMPROVEMENTS See attached Encroachment Area Map B-I BASINS ADDITION LOT 10, BLOCK'1 SAEINS ADDITION LOT 10,11, BLC,-E5 SANENS ADDITION LOT 1-3,44=15, RLOCK 14 7.5' SETBACK LJ 1 MORRI -REES 420 W I,LIArA ST SALONS ADDITION LOT d, BLOCK 'li 7,E SETBACK LENS SABINS ADDITION LOT 5- 12, ELUCK 11 SACIIJS ADDITION LOT 1447, HLOCK11 ENCROACHMENT AREA BOUNDARY NORTHERN BOUNDARY OF HAMMER! MORRI°.-REES SHARED DRIVE PROPOSED ORIVENAY ALIGNMENT 0 9AEENS ADDITION LOi 2 10, BLOCK10 W PRIVATE 'STREETNORTH PREVFTE DRIVEWAY a N A Sfelnkraus MORRIS-REES RESIDENCE ENCROACHMENT AREA EXHIBIT B DEPICTION OF LANDOWNER IMPROVEMENTS (continued) See attached Driveway Alignment & Rain Garden Map B-2 SABINS ADDITION LOT 13, BLOCK 11 SABINS ADDITION LOT 1-3,14+15, BLOCK 11 ' (d9'79.11) (879,26) 7.5' SETBACK LINE MORRIS-REES 420 WILLIAM ST SABINS ADDITION LOT 4, BLOCK 11 7.5' SETBACK LINE (8 74.49 (378:09) RAINWATER MITIGATION I PROPOSED RAIN GARDEN Goals: 1. Mitigate all stormwater runoff from driveway extension. 2. Prevent erosion on the existing slope of McKusick Ravine. 3. Filter pollutants. 4. Provide habitat for birds and pollinators. Size of Rain Garden: Sizing Calculations from UW Arboretum -'Sizing Rain Gardens' Calculations: Drainage Area of New Driveway Surface: 1,426 SF Rain Garden Depth: Rain Garden A: 3" - 5" Rain Garden B: 8" Soil Type: Clay, Factor 0.2 Calculation: 1,426 SF x 0.2 = 285,2 5P Raln Garden (286 SF)" 'Total area of required proper stormwater management shall be divided between Rain Garden A and B. Placement: Rain Garden A will be located along the western side of the driveway, at a depth of 3" - 5". Minimum size of Rain Garden A shall be 143 SF. Rain Garden B will be located on the northern side of the driveway, at,a depth of 8". Minimum size of Ram Garden shall be 143 SF. plant Selection: 1. Plant species shall be a selection of Minnesota natives, see attached species hst from UMN Extension. SABINS ADDITION LOT 5+12, BLOCK 11 NORTHERN BOUNDARY OF HAMMER! MORRIS-REES SHARED DRIVE GENERAL NOTES 1. Morris -Rees Driveway Extension, located at 420 William Street, Stillwater, MN 55082, Lot 4, Stock 11 Sabins Addition. 2. Construction and Installation of the proposed driveway shown shall conform to the City of Stillwater Ordinance No. 969 - "An Ordinance Establishing Minimum Standards for Construction and Reconstruction of Driveways within the City of Stillwater." 2.1. Construction shall conform to the following standards as setforih within Ordinance No. 989. 2.1-1 For the construction of Residential Driveways: 2.1.1.1. Concrete Driveways: 4 inches of compacted sand and 5 inches of concrete. 2.1 .1.2. Bituminous Driveways'. 4 inches of Class 5 gravel and 2 inches of bituminous. 2.1.2. The sand or aggregate base should be compacted to 100 % of the Standard Proctor Density. 2.1,3. An additional sub -cut, depending on the condition of the underlying soils, should be considered to prevent heaving or settlement of the driveway. \TO `rF). RAIN GARDEN B NCfT z o OY ( J a Approx. 23' x 17.75' \ m - r40 PROPOSED DRIVEWAY ALIGNMENT SABINS ADDITION LOT 6+7, BLOCK 11 ._ WILLIAM STREET NORTH PRIVATE DRIVEWAY RAIN GARDEN A Approx. 53' x 7 75' SABINS ADDITION LOT 9+10, BLOCK 10 0' 3 d 2d I N A Steinkraus Landscape Deslgne,5 M D.,. PEBCa,vaax raw., aN,,....nu.11-. nRkvsiou MORRIS-REES RESIDENCE - 426 WILLIAM s5REEr STILLWATER, MN S6062 DRIVEWAY ALIGNMENT + RAIN GARDEN 5.LQa1a1.1Anaa DATE mu...2 FRe,Iuuur oKK�NB aY, M. maw L0.10 iliwater� THE BIRTHPLACE OF MINNESOTA DATE: April 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Acceptance of Work and Final Payment 2019 Street Improvement Project (Project 2019-02) BACKGROUND The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payments the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Miller Excavating Inc. in the amount of $47,182.22. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2022- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2019 STREET IMPROVEMENT PROJECT (PROJECT 2019-02). City of Stillwater Washington County, Minnesota RESOLUTION 2022- ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2019 STREET IMPROVEMENT PROJECT (PROJECT 2019-02) WHEREAS, pursuant to a written contract signed between the City and Miller Excavating Inc. for work on street improvements and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $47,182.22 on such contract, taking Miller Excavating Inc. receipt in full. Adopted by the Council, this 19th day of April 2022. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor illwater THE BIRTHPLACE OF MINNESOTA DATE: April 12, 2022 TO: Honorable Mayor and City Councilmembers FROM: Abbi Wittman, City Planner SUBJECT: Valdes Lawn Care and Snow Removal, LLC 2022-2023 Contract for As - Needed Mowing, Snow and Ice Removal and Property Clean Up Abatement Services BACKGROUND Since 2008 the City has had contracts for as -need code enforcement abatement services. While this typically involves snow removal and lawn mowing on private properties, it has also included clean up services for public nuisances (i.e. exterior accumulation of waste, stagnant pools, etc.). Due to non -response from the City's current contract provider, in March the City released a new Request for Quotes (RFQ). Upon review of the proposals, it was determined the quote from Valdes Lawn Care and Snow Removal, LLC was the best value. RECOMMENDATION Staff recommends entering into contract with Valdes Lawn Care and Snow Removal, LLC for 2022-2023 As -Needed Abatement Services. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Agreement for Services with Valdes Lawn Care and Snow Removal, LLC for as -needed abatement services. AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this day of April, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Valdes Lawn Care and Snow Removal, LLC (name), 9591 60th Street North, Lake Elmo, MN 55042 (address) ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated April 1, 2022, incorporated herein as Exhibit A; ii. Other documentation, including the Request for Quotes, incorporated herein as Exhibit B. (Hereinafter "Exhibits.") b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. 1 b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. 2 The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Adam Fleischhacker to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Joshua Prust to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. 3 a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Beth Wolf, City Clerk Or e-mailed: bwolf@ci.stillwater.mn.us 4 If to Contractor: Valdes Lawn Care and Snow Removal, LLC 9591 60th Street North Lake Elmo, MN 55042 Attention: Joshua Prust, Sales Representative Or emailed: info@valdeslawn.com and jprust@valdeslawn.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. 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. 5 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 6 CONTRACTOR By: Its: Date: 7 EXHIBIT A QUOTE FORM PROJECT IDENTIFICATION: 2022-2023 As -Needed Mowing, Snow Removal and Property Clean Up and Securing Abatement Services Contract SUBMISSION DEADLINE: April 1, 2022 at 12:00 PM (noon) SUBMITTED QUOTES TO: CITY OF STILLWAI'ER CO1VIMUNITY DEVELOPMENT DEPARTMENT ATTN: 2022-2023 ABATEMENT SERVICES CONTRACT planningdept@ci.stillwater.mn.us INDIVIDUAL/COMPANY NAME: Valdes Lawn Care and Snow Removal, LLC 1. The undersigned CONTRACTOR proposes and agrees, if this Quote is accepted, to enter into an agreement with the City and perform and furnish all Work as indicated in the Quote Form and in the Contract Work, Contract Implementation, and Contract Conditions. 2. CONTRACTOR accepts all of the terms and conditions listed in the Quote Form and Contract Work, Contract Implementation, and Contract Conditions. CONTRACTOR shall provide a Certificate of Insurance listing the City of Stillwater as an additional insured and licensed to work within the City of Stillwater in accordance with the Contract Work, Contract Implementation, and Contract Conditions. 3. In submitting this Quote, CONTRACTOR represents, as more fully set forth in the Quote Form and the Contract Work, Contract Implementation, and Contract Conditions, that: a. CONTRACTOR has examined and carefully studied the Contract Work, Contract Implementation, and Contract Conditions and Quote Form. b. CONTRACTOR is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work. c. CONTRACTOR is aware of the general nature of Work to be performed for which this Quote is submitted and understands all terms and conditions for performing and furnishing the Work as indicated in the Contract Work, Contract Implementation, and Contract Conditions and Quote Form. d. This Quote is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to submit a false or sham Quote; CONTRACTOR has not solicited or induced any person, firm or corporation to refrain from bidding; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other CONTRACTOR or over the City. e. CONTRACTOR understands and agrees that the terms of the General Conditions and Specifications are incorporated in and are part of this Quote Form. 4. CONTRACTOR will complete the Work for the following price (s): 2022 Quote Form Page 1 of 6 Item Work Description Unit Cost PART A - MOWING First Mowing 1 Vacant lot — mowing, trimming, clearing /disposal of trimmings $ 115 per lot 2 Developed lot — mowing, trimming, clearing / disposal of trimmings $ 130 per lot 3 Acreage, 1 to 20 acres — mowing, trimming, clearing / disposal of trimmings $ 85 per acre 4 Acreage, over 20 acres — mowing $ 85 per acre Recurring Mowing' 5 Vacant lot — mowing, trimming, clearing /disposal of trimmings $ 100 per lot 6 Developed lot — mowing, trimming, clearing / disposal of trimmings $ t 10 per lot 7 Acreage, 1 to 20 acres — mowing, trimming, clearing / disposal of trimmings $ 85 per acre 8 Acreage, over 20 acres — mowing $ 85 per acre PART B — CLEANING OF TRASH, DEBRIS AND OTHER DEPOSITED MATERIAL 9 Cleaning of trash, debris and other deposited material — pick up of all trash, debris and other deposited material including labor, vehicles, equipment and disposal costs $ 262 per hour2 10 Seed and mulch, including MN -DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per acre $ 1800 per acre3 PART C — SECURING PROPERTY 11 Boarding and securing property — boarding of broken windows, including all labor, vehicles, equipment and supplies $ per opening 12 Securing property — locking or otherwise securing unsecured openings, windows or doorways including all labor, vehicles, equipment and supplies $ per opening PART D — SNOW AND ICE REMOVAL 13 Single street residential sidewalk (92 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover $ 62 per event 14 Single street residential sidewalk (92 feet by 4 to 5 feet average) 4- to 8-inch snow cover $ 93 per event 15 Corner lot residential sidewalk (182 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover $ 120 per event 16 Comer lot residential sidewalk (182 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover $ 180 per event 17 Other residential sidewalk snow removal $ 62 per hour2 18 Single street Central Business District sidewalk (25 feet by 8 to 10 feet average)4 1.5- to 4-inch snow cover $ 172 per event 19 Single street Central Business District sidewalk (25 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 340 per event 20 Single street Central Business District sidewalk (50 feet by 8 to 10 feet average) 4 1.5- to 4-inch snow cover $ 370 per event 21 $ Single street Central Business District sidewalk (50 feet by 8 to 10 feet 2022 Quote Form Page 2 of 6 average) 4 4- to 8-inch snow cover 600 per event 22 Corner lot Central Business District sidewalk (182 feet by 8 to 10 feet average) 4 1.5- to 4-inch snow cover $ 800 per event 23 Corner lot Central Business District sidewalk (182 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 1200 per event 24 Other Central Business District sidewalk snow removal $ 85 (not including possible material cost) per hour2 25 Sidewalk ice removal 1.5- to 4-inch thickness $ 85 (not including possible material cost) per hour2 26 Sidewalk ice removal 4- to 8-inch snow cover $ 85 (not including possible material cost) per hour2 1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21 days after the last mowing. 2. Price per hour will be multiplied by the number of workers needed to complete the job. 3. Price per acre shall be divided by square footage for lots less than one acre in size. 4. Snow shall be removed from primary walking path, with a minimum eight foot (8') clear area. Snow is preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2') back from the curb. 5. The following documents are attached to and made a condition of this Quote: a. Project References b. Affidavit of Non -Collusion c. Certificate of Insurance 6. Communications concerning this Quote shall be addressed to the address of CONTRACTOR indicated below. SUBMITTED on April 1, , 2022 2022 Quote Form Page 3 of 6 IF CONTRACTOR IS: AN INDIVIDUAL By: Joe Valdes (President/Owner) (Individual's Name) (Doing business as) 9591 60th St N, Lake Elmo MN, Address: 55042 Telephone: 651.755.6151 A PARTNERSHIP E-mail: joe@valdeslawn.com By: (SEAL) (Firm Name) (General Partner) Address: Telephone: A CORPORATION By: E-mail: (Corporation Name) (State of Corporation) By: (Name of Person Authorized to Sign) (Title) Attest: (Corporate Seal) (Secretary) Address: Telephone: A JOINT VENTURE — Each joint venture must sign. By: Address: Telephone: E-mail: (Name) E-mail: By: Address: Telephone: E-mail: (Name) 2022 Quote Form Page 4 of 6 PROJECT REFERENCES Below is a listing of the five (5) most recent projects of a similar nature to this project which we have completed. CONTRACTING AGENCY DESCRIPTION OF WORK Univeristy of MN, Facilities Management - Landcare Mowing and trimming services for 50+ acres of the St Paul campus. Snow removal services for sidewalks for mutiple properties on campus properties. Also plowing services for lots and docks on the St Paul Campus. AGENCY REPRESENTATIVE Thomas Ritzer TITLE Assistant Director - Landcare PHONE 612.625.7361 DATE OF CONTRACT2o18-currenton and off when Call upon for help. CONTRACTING AGENCY City of Cottage Grove DESCRIPTION OF WORK Abatement work - mowing and trimming when needed. Also mowing and trimming of other municipality properties - City Hall, fire station #4 and others. AGENCY REPRESENTATIVE Zac Dockter TITLE Parks & Rec Director PHONE 651.458.2802 DATE OF CONTRACT Contract began in 2017 CONTRACTING AGENCY City of Oak Park Heights DESCRIPTION OF WORK Mowing and trimming of munnicipailty property; ex.ample.. City Hall and city parks AGENCY REPRESENTATIVE Andy Kegley TITLE Public Works Director PHONE 651.439.4439 DATE OF CONTRACT 2017 - present CONTRACTING AGENCY MNDOT (Office Materials and Road Research) and Ramsey Co. DESCRIPTION OF WORK Snow removal and summer work for a MNDOT property Mowing and trimming for properties within Ramsey Co. AGENCY REPRESENTATIVE Dale Borys - currenity with MNDOT TITLE Building Maintenance Supervisor PHONE 651.366.5557 DATE OF CONTRACT 2017 with Ramsey Co. CONTRACTING AGENCY Cushman Wakefield - Tamarack Village Shopping Center DESCRIPTION OF WORK Mowing and trimming of the property and along with other grounds maintenance activities; ex.. annual flower install and maintenance, mulch, power sweeping and snow removal. AGENCY REPRESENTATIVE Chris Wallrich TITLE Maintenance Supervisor PHONE 612.977.1982 DATE OF CONTRACT 2017 - present 2022 Quote Form Page 5 of 6 AFFIDAVIT OF NON -COLLUSION STAIF OF Minnesota COUNTY OF Washington I Hereby swear (or affirm) under the penalty of perjury: 1. That I am the Contractor (if the Contractor is an individual), a partner in the Contractor (if the Contractor is a partnership) or an officer or employee of the Contractor corporation having authority to Sign on its behalf (if the Contractor is a corporation); 2. That the attached quote or quotes have been arrived at by the Contractor individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; 3. That the contents of the quote or quotes have not been communicated by the Contractor or its employees or agents to any person not an employee or agent of the Contractor and will not be communicated to any such person, prior to submission of the quote or quotes; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me this O / day of {�p 20 ,. (Notary Public) (SEAL) RUTA CADS \OTARY PUBLIC - MINNESOTA ' COMMISSION EXPIRES 01/31/25 2022 Quote Form Sales Representative (Title) Valdes Lawn Care and Snow Removal, LLC (Company) Page 6 of 6 EXHIBIT B illwatejr THE BIRTHPLACE OF MINNESOTA REQUEST FOR QUOTES 2022-2023 AS -NEEDED MOWING, SNOW AND ICE REMOVAL AND PROPERTY CLEAN UP AND SECURING ABATEMENT SERVICES CONTRACT DEADLINE: APRIL 1, 2022 -12:00 PM (NOON) SECTION I. GENERAL INFORMATION A. OBJECTIVE The purpose of this request is to receive quotes for as -needed abatement services related to mowing, snow and ice removal and/or property clean up and securing services. B. QUOTE SUBMISSION Bidders shall utilize the attached Quote Form. The Work Description section of the quote form has been divided into four parts (A-D) and will be accepted for one, two, three or all four parts of the proposal. Submissions with interest in one or more portions is acceptable. Failure to submit a bid for two or more parts will not be used against a contractor. However, the City may choose to select one contractor for all four parts. Quotes will only be accepted via email to: planningdept@ci.stillwater.mn.us. Quotes without signature will not be accepted. The City is not responsible for failures of electronic mail service. 1. SALES TAX The work being performed is subject to Minnesota Sales Taxes. The total for each quote must include any applicable sales taxes. Bills submitted for taxes above the quote price will not be honored. 2. PAYMENT CONDITIONS All quotes shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of the contract. 3. INSURANCE Proof of Comprehensive General Liability, Auto liability and Workers Compensation Insurance must be submitted with each quote to be considered. Deductibles, of any type, are the responsibility of the Contractor. The Contractor 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 events authorized by this Contract and to name the City as an additional insured on their policy "as their interest may appear" for the entire term of the contract. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by the insurer to bid coverage on its behalf. Certificates of Insurance and Endorsements effecting coverage required by this clause shall be forwarded to: Beth Wolf, City Clerk City of Stillwater 216 North Fourth Street Stillwater, MN 55082 C. POST QUOTE SUBMISSION STIPULATIONS 1. CHANGES OR ALTERATIONS No part of the quote may be changed or altered after submission. Contractors must submit written requests to change any specifications/conditions with their quote. Changes made without submission of a written request with the quote may result in disqualification at the City's sole discretion. 2. REQUEST FOR NON -CONSIDERATION Quotes submitted to the City cannot be withdrawn prior to the deadline. Request for non -consideration of quotes must be made in writing and received by the City prior to the deadline. After other quotes are reviewed, the quote for which non -consideration is properly requested may be returned at the sole discretion of the City. The Contractor, in submitting a quote, warrants and guarantees that the quote has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes and that such quote will not and cannot be withdrawn because of any mistake committed by the Contractor. D. QUOTE CONSIDERATION/TABULATION Quotes will be tabulated for comparison on the basis of the prices and quantities and/or by the best value method. Until final award of the Contract, the City of Stillwater (hereinafter "the City") reserves the right to reject any or all quotes, to waive technicalities, to request new quotes or propose to do the work otherwise in the best interests of the City. The following items will be considered when an award is based on best value: Request for Quotes 2022-2023 Abatement Services Contract Page 2 of 10 • The purchase price; • The reputation of the Contractor and of the Contractor's goods or services; • The quality of the Contractor's goods or services; • The extent to which the goods or services meet the municipality's needs; • The Contractor's past relationship with the municipality; • The impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; • The total long-term cost to the municipality to acquire the Contractor's goods or services; • Any relevant criteria specifically listed in the request for quote. E. REJECTION OF QUOTES The City reserves the right to reject any or all quotes or to waive technicalities at its option when in the best interests of said City. Quotes will be considered irregular if they show any omissions, alteration of form, additions, or conditions not called for, unauthorized alternate quotes or irregularities of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interests of the City. The City reserves the right to reject any or all quotes, and all quotes submitted are subject to this reservation. Quotes may be rejected, among other reasons, if received after the time limit for receiving quotes as stated in the request, if containing any irregularities or for unbalanced value of any items. Contractors may be disqualified and their quotes not considered, among other reasons, for any of the following specific reasons: • Reason for believing collusion exists. • Reasonable grounds for believing that any Contractor is interested in more than one quote for the work contemplated. • The Contractor being interested in any litigation against the City. • The Contractor being in arrears on any existing contract or having defaulted on a previous contract. • Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. • Uncompleted work, which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. • Incomplete quote forms, with the exception of the Work Description section. SECTION II. CONTRACT WORK A. DEFINITIONS Request for Quotes 2022-2023 Abatement Services Contract Page 3 of 10 "Acreage" shall mean any property having a total area of 43,560 square feet (1 acre) or greater. "Authorized notice" shall mean a written or verbal notice from the City of Stillwater to perform specific work at a specific location. "City" shall mean the City of Stillwater, Minnesota. "Cleaning and removal of trash, debris and other deposited material" shall mean any method by which filth, weeds, rubbish, refuse or other matter that might be unhealthy and/or unsightly is removed from any acreage or lot and disposed of as approved by the City and delineated in the City Code and in the specifications for this contract. "Contractor" shall mean the person or firm, awarded the Contract by the City. "Ice Removal" shall mean any method by which ice is removed from any PUBLIC SIDEWALK as approved by the City and delineated in the City Code of Ordinances. "Lot" shall mean any property having a total area less than 43,560 square feet (1 acre). "Recurring Mowing" shall mean subsequent mowing after the initial mowing directed by the City and specifically requested to by the City to be placed on the reoccurring mowing list. Recurring mowing shall be done no earlier than 14 days since the last mowing and no more than 21 days after the last mowing. Reoccurring Mowing shall cease at the time of notification of removal by the City, notification of the property owner mowing shall not occur, and/or upon notice by the Contractor Mowing has occurred on the property. "Reoccurring Snow Removal" shall mean subsequent snow removal after the initial Snow Removal as directed by the City and specifically requested by the City to be place on the reoccurrence list. Reoccurring snow removal shall be conducted no greater than 24 hours after the snow has ceased to be deposited thereon. Reoccurring Snow Removal shall cease at the time of notification of removal by the City, notification of the property owner snow and ice removal shall not occur, and/or upon notice by the Contractor Snow Removal has occurred on the property. "Snow Removal" shall mean any method by which snow and ice is removed from any PUBLIC SIDEWALK as approved by the city and delineated in the City Code of Ordinances. "Snow Removal - CBD" shall mean any method by which snow is removed from a minimum of 8' of any PUBLIC SIDEWALK in the Central Business District (CBD) as approved by the city and delineated in the City Code of Ordinances. Please see attached Exhibit A, Site Location Map, of the CBD area. B. SPECIFICATIONS Request for Quotes 2022-2023 Abatement Services Contract Page 4 of 10 ALL SPECIFICATIONS WILL BE STRICTLY ENFORCED. Any property which does not meet specifications shall be brought up to specifications at the Contractor's expense upon the notification by the City. VACANT LOT - Each lot shall be mowed in its entirety in a uniform cut. Mowing shall be completed as near as possible to any tree, wall, fence, pole, sign, or any other structure. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clear the property, adjoining streets, sidewalks and public rights -of -way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash, debris or other deposited material from a vacant lot. DEVELOPED LOT- Each lot shall be mowed as near as possible to any building, tree, wall, fence, pole, sign or any other structure in a uniform cut. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clear the property, adjoining streets, sidewalks and public rights -of - way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash, debris or other deposited material from a developed lot, including public parks and open space. ACREAGE BETWEEN ONE ACRE AND TWENTY ACRES - Each parcel shall be mowed in its entirety in a uniform cut. Any remaining high grass and weeds around trees, walls, fences, poles, signs, or any other structure shall be trimmed. Proper action shall be taken to clear the adjoining streets, sidewalks and public rights -of -way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash, debris or other deposited material from acreage. Five or more vacant, contiguous lots shall be treated as acreage and billed as such. ACREAGE OVER TWENTY ACRES - All areas within fifty feet from a curb, public right-of-way, street, sidewalk or adjacent property under different ownership must be mowed in their entirety in a uniform cut. Any agricultural areas or areas used to cultivate crops must be mowed up to the crop. Specific authorization from the City must be obtained to clean and remove trash, debris or other deposited material from acreage. CLEANING OF TRASH, DEBRIS AND OTHER DEPOSITED MATERIAL - The Contractor shall remove all trash, debris and other deposited material from the property. Trash, debris and other deposited material may include dirt, rock, wood, boards, railroad ties, furniture, appliances, machinery, implement, tires, equipment, litter, clutter, swimming pool water and any other illegally -deposited or rejected matter, personal property or unsheltered storage. The Contractor shall also level and/or remove stockpiles of dirt, aggregate or other materials. The Contractor shall seed and mulch, when required by the City, including MN -DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per acre. Residential debris shall be bagged and placed at the curb in an orderly manner for pick up by Waste Management. Construction material shall be taken to Buberl Recycling and Request for Quotes 2022-2023 Abatement Services Contract Page 5of10 Compost Incorporated at 5901 Omaha Avenue North #110, Stillwater, MN 55082. Hazardous waste shall be taken to the Washington County's Environmental Center site at 4039 Cottage Grove Drive in Woodbury or other state -licensed hazardous waters disposal site as determined accepted by City Staff prior to work commencement. Contact City Staff concerning other situations the Contractor may encounter before proceeding with cleanup. No action shall be taken that does not comply with all life, health and safety requirements of the City including, but not limited to, compliance with City Code Chapter 33, Building Code. BOARDING AND SECURING OF PROPERTY - The Contractor shall install a minimum of 3/8-inch thick plywood over all broken windows, missing doors, and other openings that cannot be secured by other reasonable means. Specific authorization from the City must be obtained to board and secure a property. No action shall be taken that does not comply with all life, health and safety requirements of the City including, but not limited to, compliance with City Code Chapter 33, Building Code. SECURING OF PROPERTY - The Contractor shall install necessary padlocks, door hardware, etc. to secure doors and other unsecured opening that do not require boarding. Specific authorization from the City must be obtained to secure a property. No action shall be taken that does not comply with all life, health and safety requirements of the City including, but not limited to, compliance with City Code Chapter 33, Building Code. SECTION III. CONTRACT IMPLEMENTATION A. AUTHORIZATION The Contractor shall be notified by a designated representative of the City of Stillwater to perform specific work at a particular location. The Contractor shall complete the requested services within two (2) days after receiving authorization. In the event of inclement weather, the Contractor shall notify the City of failure to complete requested services by the third (3rd) day; however, in any case, such work shall be completed within five (5) days after initial authorization. Failure to notify or finish the work within the timeframes indicated will subject the Contractor to liquidated damages of $15.00 per day, per property, until the work is complete. The City shall pay $25.00 for trips by the Contractor to a site where the Contractor finds abatement has been completed prior to the Contractor arriving at the site if the arrival is within the established timeframes as outlined in Section III(A). In these instances, the Contractor shall provide a single labeled photograph to show the abatement of the violation which shall be provided with the invoice. The invoice shall clearly be labeled as a "Discontinuance Fee" with the property address. B. GENERAL CONDITIONS Request for Quotes 2022-2023 Abatement Services Contract Page 6 of 10 1. For work paid on a per hour basis, the Contractor shall examine the property first to estimate the number of hours needed to complete the job before authorization is given. The City shall not pay for travel time. In the event that more than the original number of hours is necessary to complete the job, the Contractor shall contact the designated City of Stillwater representative for approval once the original estimated hours are reached and prior to performing any additional hours. a. If seed and mulch is required, the Contractor shall indicate this at this time. 2. The Contractor shall obtain and pay for any and all permits, licenses, disposal fees or any other costs required to fulfill this contract. 3. The Contractor must comply with all federal, state and local ordinances. 4. The Contractor shall protect and prevent all damage to wires, cables, structures, fences vehicles, trees, plants and other artifacts. Any damage to public or private property shall be corrected by repair or replacement by the Contractor at his or her own expense to the satisfaction of the Owner or the City. 5. In case any action in court is brought against the Owner, or any officer or agent of the Owner, for the failure, omission or neglect of the Contractor to perform any of the covenants, acts, matters or things by this Contract undertaken; or for injury or damage caused by the alleged negligence of the Contractor or his subcontractors or his or her or their agents, or in connection with any claim based on lawful demands of subcontractors, workmen, materialmen or suppliers the Contractor shall indemnify and save harmless the Owner and his or her officers and agents, from all losses, damages, costs, expenses, judgments or decrees arising out of such action. 6. Except as to any supplies or components which the specifications provide need not be new, all supplies and components to be provided under this contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current production and of the most suitable grade for the purpose intended. If at any time during the performance of this contract the Contractor believes that the furnishing of supplies or components which are not new is necessary or desirable, they shall notify the City immediately, in writing, including the reasons therefore and proposing any consideration which will flow to the City if authorization to use supplies or components is granted. 7. In the event the Contractor conducts a trip to a site where the Contractor finds abatement has been completed, within 24 hours the Contractor shall notify the City the work was not performed and that the property is being removed from the Reoccurring Mowing and/or Reoccurring Snow and Ice Removal list. C. INVOICING The Contractor shall take before and after photographs in digital format for validation and return same to the City with EACH invoice of each job assignment. Request for Quotes 2022-2023 Abatement Services Contract Page 7 of 10 Any invoice submitted without both before and after photos will be returned unpaid. "Before" and "after" photographs must be taken each and every time a property is serviced. Photographs shall meet the following requirements: • A minimum of three "before" and "after" photographs are required per visit. • At least one "before" and one "after" photograph must each identify the address or location of the work site. • The "before" and "after" photographs must clearly validate the work performed. • Photographs shall be a minimum of 3.2 megapixels, 1600 x 2000 resolution (pixels). • Invoices shall reflect separate charges for each category of work performed with no more than one property on any detail sheet. Invoices shall indicate the date(s) of service shall otherwise comply with City purchasing procedures unless waived by the City. Orders will be placed by the City and must be given a Purchase Order Number to be valid. No payments shall be made on invoices not listing a Purchase Order Number. No partial payment will be made. An invoice for work performed shall be submitted within fourteen (14) days following completion of the requirements of the contract to: Community Development Department, Stillwater City Hall 216 4th St N Stillwater, MN 55082-4898 planningdept@ci.stillwater.mn.us Failure to submit an invoice in the time period identified shall result in nonpayment by the City. D. PAYMENT TERMS & CONDITIONS City review, inspection and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials or service. Quotes which call for payment before 30 days from receipt of invoice, or cash discounts given on such payment, will be considered only if in the opinion of the City the review, inspection and processing procedures can be completed as to the specific purchases within the specified time. It is the intention of the City to make payment on completed orders within thirty (30) days of receiving invoicing unless unusual circumstances arise. SECTION IV. CONTRACT CONDITIONS Request for Quotes 2022-2023 Abatement Services Contract Page 8of10 A. CONTRACT CLAUSE All Contractors understand and agree that the quote will become a legally binding contract upon acceptance in writing by the City. This contract may be superseded only if replaced with a written contract executed by both parties. 2. PROVISIONAL CLAUSES The City will not enter into any contract where the cost is provisional upon such clauses as are known as "escalator" or "cost-plus" clauses. 3. LIABILITY The Contractor and/or the Contractor's employees will assume complete responsibility for any claim of property damage or bodily injury, which may directly or indirectly arise from the employee's performance under the terms of this agreement. The Contractor's employees will hold harmless, release and defend the City from all claims of liability that directly or indirectly arise under the terms of this agreement. The Contractor shall not recover from the City of Stillwater the cost for damaged equipment, including broken blades, punctured tires, or any other damaged equipment, as a result of mowing assignments regardless of the condition of the property. 4. ASSIGNMENT OF CONTRACT The successful Contractor may not assign their rights and duties under an award without the written consent of the City of Stillwater City Administrator. Such consent shall not relieve the assignor of liability in event of default by their assignee. 5. DEFAULT In case of default of the successful Contractor, the City may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Request for Quotes 2022-2023 Abatement Services Contract Page 9 of 10 EXHIBIT A Site Location Map CBS -,--Municipal Boundary Parcel Boundaries m: Fe real Request for Quotes 2022-2023 Abatement Services Contract Page 10 of 10 I11war THE BIRTHPLACE OF MINNESOTA DATE: April 11, 2022 TO: Honorable Mayor and City Councilmembers FROM: Abbi Wittman, City Planner SUBJECT: Browns Creek State Trail Private Land Purchase Agreement BACKGROUND At the March 15, 2022 City Council meeting, the Council authorized staff to negotiate a purchase agreement with Stillwater Marina & Yacht Club LLC for a portion of private lands that run underneath the Browns Creek State Trail. As noted in the agreement, the City will pay $33,000 and the costs associated with the subdivision of the land (approximately $10,000) to ensure successful land division and transfer. The costs associated with this have been budgeted as part of 2022 Lumberjack Landing development program. RECOMMENDATION Staff recommends the City Council approve the purchase agreement. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the purchase agreement with Stillwater Marina & Yacht Club LLC. PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of , 2022 ("Effective Date"), by and between Stillwater Marina and Yacht Club, LLC, a Minnesota limited liability company ("Seller"), and the City of Stillwater, a Minnesota municipal corporation ("City"). RECITALS A. Seller is the fee owner of real property located in the City of Stillwater, Minnesota, legally described on Exhibit A ("Seller's Property"), attached hereto and incorporated herein by reference. B. City desires to purchase a portion of Seller's Property from Seller, legally described on Exhibit B (the "Property"), attached hereto and incorporated herein by reference, and Seller desires to sell the same to City, all on the terms and conditions of this Agreement. NOW THEREFORE, for mutual consideration, the Seller and the City agree as follows: 1. Sale. 1.1 Sale. Subject to the terms and provisions of this Agreement, Seller shall sell to City, and City shall purchase from Seller, the Property on the date of Closing. 1.2 Purchase Price. The purchase price to be paid by City to Seller for the Property shall be Thirty -Three Thousand and No/100 Dollars ($33,000.00) (the "Purchase Price"), payable as follows: (a) Five Thousand and No/100 Dollars ($5,000), as earnest money, to be paid to DCA Title Inc., 7373 147th Street West, Apple Valley, MN 55124 ("Title") upon execution of this Agreement; and (b) the balance on the Closing Date (as defined in Section 6) subject to those adjustments, prorations, and credits described in this Agreement, in cash or certified funds or by wire transfer pursuant to instructions from Seller or Title. The Closing will occur at Title, unless otherwise agreed to by the parties. If this Agreement is terminated by the City as a result of a default by Seller, then the Earnest Money shall be returned to the City and neither Seller nor the City shall be liable to the other for any further obligations under this Agreement (except for such obligations as specifically survive termination of this Agreement). 2. Available Surveys, Tests, and Reports. Within five (5) days of the Effective Date, Seller shall cause to be delivered to the City to the extent same are in the possession and control of Seller: (a) copies of any surveys, soil tests and environmental reports previously conducted on the Property; (b) copies of leases associated with the Property, (c) copies of existing title work for the Property (the "Due Diligence Materials"). Seller makes no representations or warranties regarding the accuracy or completeness of the Due Diligence Materials. The City acknowledges that the sale of the Property is "AS -IS", "WHERE IS," 1 and "WITH ALL FAULTS", and that it is the obligation of City to conduct and complete its due diligence and investigations relating to the Property. 3. City's Investjgations. For a period up to the Closing Date, Seller shall allow City and City's agents access to the Property without charge and at all times for the purpose of City's investigation and testing of the Property, including surveying and testing of soil and groundwater and any and all related environmental testing ("City's Investigations"); provided, however, City shall not perform any invasive testing unless (a) Seller gives its prior approval of City's consultant that will perform the testing, which approval shall not be unreasonably withheld, conditioned or delayed, and (b) City gives Seller reasonable prior notice of such testing. City shall pay all costs and expenses of the City's Investigations and shall indemnify and hold Seller and the Property harmless from all costs and liabilities, including but not limited to mechanics' liens, relating to activities on the Property related to City's Investigations, however, City shall not be responsible for liens, liability, loss, expense or costs arising out of the discovery or presence of Hazardous Substances (as such term is defined in Section 9.1(H)) on the Property or otherwise arising out of Seller's noncompliance with any Environmental Law (as such term is defined in Section 9.1(H)) or other law or regulation. Seller shall have the right to accompany City during any of City's Investigations of the Property. If requested by Seller, City shall provide to Seller copies of all third -party, non -confidential written test results and reports conducted as part of City's Investigations. City shall pay all of the costs and expenses associated with City's Investigations, to cause to be released any lien on the Property arising as a result of City's Investigations and to repair and restore, at City's expense, any damage to the Property caused by City's Investigations. The indemnification obligations set forth herein shall survive termination or cancellation of this Agreement. 4. Insurance; Risk of Loss. Seller assumes all risk of destruction, loss or damage to the Property prior to the Closing Date. If, prior to the Closing Date, all or any portion of the Property or access thereto is condemned, taken by eminent domain, or damaged by cause of any nature, Seller shall immediately give City notice of such condemnation, taking or damage. After receipt of notice of such condemnation, taking or damage (from Seller or otherwise), City shall have the option (to be exercised in writing within thirty (30) days of receipt of such notice) either (a) to require Seller to (i) convey the Property at Closing (as defined in Section 6) to City in its damaged condition, upon and subject to all of the other terms and conditions of this Agreement, without reduction of the Purchase Price, (ii) assign to City at Closing all of Seller's right, title and interest in and to any claims Seller may have to insurance proceeds, condemnation awards and/or any causes of action with respect to such condemnation or taking of or damage to the Property or access thereto, and (iii) pay to City at Closing by certified or official bank check all payments made prior to the Closing Date under such insurance policies or by such condemning authorities, or (b) to terminate this Agreement by giving notice of such termination to Seller, whereupon this Agreement shall be terminated and thereafter neither party shall have any further obligations to the other, except for such obligations and liabilities that specifically survive termination of this Agreement. If the right to terminate this Agreement is not exercised in writing within such thirty (30) day period, such right shall be deemed to have been waived. 2 5. Contingencies. 5.1. City's Contingencies. A. Unless waived by City in writing or waived by the passage of time in the manner set forth herein, City's obligation to proceed to Closing shall be subject to (a) performance by Seller of its obligations hereunder, (b) the continued accuracy of Seller's representations and warranties provided in Section 9.1, and (c) City's satisfaction, in City's sole discretion, as to the contingencies described in this Section 5.1 within the time periods set forth below: (1) On or before the Closing Date, City shall have determined, in its sole discretion, that it is satisfied with (a) the results of and matters disclosed by City's Investigations, City's physical and environmental inspections of the Property (including, but not limited to surveys, soil tests, engineering inspections, hazardous substance and environmental reviews of the Property), (b) all costs associated with the mitigation, remediation, and clean-up related to the City Investigations, and (c) all other inspections and due diligence regarding the Property, including any Due Diligence Materials. If City has not terminated this Agreement on or before the Closing Date, the contingency set forth in this paragraph shall be deemed waived. (2) On or before the Closing Date, City shall have received from Title an irrevocable commitment to issue a title insurance policy for the Property in a form and substance satisfactory to City in City's sole discretion, not disclosing any encumbrance not acceptable to City in City's sole discretion. If City has not terminated this Agreement on or before the Closing Date, the contingency set forth in this paragraph shall be deemed waived. (3) On or before the Closing Date, City shall obtain an ALTA survey for Seller's Property certified to City and Title. (4) On or before the Closing Date, City shall have obtained Plat approval. (5) On or before the Closing Date, as required by Title, Seller shall have obtained board authorization for recording on the Closing Date. (6) On or before the Closing Date, Seller shall have obtained releases of the Property from any and all mortgages or other monetary liens affecting any of the Property. 3 (7) (8) (9) On or before the Closing Date, Seller shall have obtained all valid, necessary and sufficient waivers, assignments, subordinations, non - disturbance, attornments, approvals, authorizations, estoppel certificates and consents of each and every party whose waiver, subordination, non -disturbance, attornment, approval, authorization, estoppel certificate or consent shall be required to transfer the Property and consummate the transactions contemplated by this Agreement. On or before the Closing Date, Seller shall execute an assignment and assumption of surviving contracts, permits and licenses, warranties, and intangible property conveying to City with warranties the surviving contracts, permits and licenses, warranties and intangible property, free and clear of all encumbrances, together with the consent of all parties having the right to consent to such assignment, if necessary. On or before the Closing Date, Seller shall execute a Bring -Down Certificate certifying that all of the warranties and representations made by Seller in this Agreement remain true as of the date of closing. (10) On or before the Closing Date, the termination or elimination of any and all option to purchase rights, Rights of First Refusal, or Rights of First Offer related to the Property to the satisfaction of the City. The foregoing contingencies are for City's sole and exclusive benefit and one (1) or more may be waived in writing by City in its sole discretion, or by the passage of time as set forth hereinabove. Seller shall reasonably cooperate with City's efforts to satisfy such contingencies, at no out of pocket cost to Seller or assumption of any obligation or liability by City. City shall bear all cost and expense of satisfying City's contingencies. If any of the foregoing contingencies have not been satisfied on or before the applicable date, then this Agreement may be terminated, at City's option, by written notice from City to Seller. If City terminates this Agreement as a result of a failure of an City contingency prior to the applicable date, the Earnest Money shall be returned to the City and neither Seller nor the City shall be liable to the other for any further obligations under this Agreement (except for such obligations as survive termination of this Agreement). Such written notice must be given on or before the applicable date set forth herein above for such contingency, or City's right to terminate this Agreement pursuant to such contingency shall be waived. Upon termination, neither party shall have any further rights or obligations against the other regarding this Agreement or the Property, except for such obligations that survive termination of this Agreement. B. If City elects not to exercise any of the contingencies set out herein, such election may not be construed as limiting any representations or obligations of Seller set out in this Agreement. 5.2 Seller's Contingencies. Seller's obligation to proceed to Closing shall be subject to the satisfaction, on or prior to the Closing Date, of each of the following conditions: A. City shall have performed and satisfied all agreements, covenants and conditions required pursuant to this Agreement to be performed and satisfied by or prior to the Closing Date. B. All representations and warranties of City contained in this Agreement shall be accurate as of the Closing Date. C. There shall be no uncured default by City of any of its obligations under this Agreement as of the Closing Date, not otherwise waived by Seller. Seller may in its sole discretion waive any of the conditions precedent set out in this Section. If any of the foregoing contingencies have not been satisfied on or before the dates set forth herein, then this Agreement may be terminated, at Seller's sole option, by written notice from Seller to City. Upon termination, neither party shall have any further rights or obligations against the other regarding this Agreement or the Property, except for such obligations that survive termination of this Agreement. 6. Closing. The closing of the purchase and sale contemplated by this Agreement ("Closing") shall occur no later than June 30, 2022 ("Closing Date"), unless otherwise agreed to by the parties. Seller agrees to deliver legal and actual possession of the Property to City on the Closing Date. 6.1 Seller's Closing Documents and Deliveries. On the Closing Date, Seller shall execute and/or deliver, as applicable, to City the following: A. Plat. A plat for Seller's Property. B. Deed. A warranty deed conveying title to the Property to City, free and clear of all encumbrances, except the Permitted Encumbrances (the "Deed"). C. Assignment and Assumption of Contracts, Permits and Licenses. Seller shall execute an assignment and assumption of surviving contracts, permits and licenses, warranties, and intangible property conveying to City with warranties the surviving contracts, permits and licenses, warranties and intangible property, free and clear of all encumbrances, together with the consent of all parties having the right to consent to such assignment, if 5 necessary. D. FIRPTA Affidavit. An affidavit of Seller certifying that Seller is not a "foreign person", "foreign partnership", foreign trust", "foreign estate" or "disregarded entity" as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended. E. Seller's Affidavit. A standard owner's affidavit (ALTA form) from Seller which may be reasonably required by Title to issue an owner's policy of title insurance with respect to the Property with the so-called "standard exceptions" deleted (excluding the survey exception). F. Settlement Statement. A settlement statement with respect to this transaction. G. "Bring -Down" Certificate. A certificate dated as of the Closing Date, signed by an authorized officer of Seller, certifying that the representations and warranties of Seller contained in this Agreement are true as of the Closing Date. H. General Deliveries. All other documents reasonably determined by Title to be necessary to transfer the Property to City and to evidence that Seller (a) has satisfied all monetary indebtedness with respect thereto, (b) has obtained such termination statements or releases from such secured creditors as may be necessary to ensure that the Property is subject to no monetary liens, (c) has obtained all consents from third parties necessary to effect Seller's performance of the terms of this Agreement, including, without limitation, the consents of all parties holding an interest in the Property, (d) has provided such other documents as are reasonably determined by Title to be necessary to issue policies of title insurance to City with respect to the Property with the so-called "standard exceptions" deleted (excluding the survey exception), and (e) has duly authorized the transactions contemplated hereby. 6.2. City Closing Documents and Deliveries. On the Closing Date, City shall execute and/or deliver, as applicable, to Seller the following: A. Payment of Purchase Price. The Purchase Price, in accordance with the terms of Section 1.2. B. Settlement Statement. A settlement statement with respect to this transaction. C. "Bring -Down" Certificate. A certificate dated as of the Closing Date, signed by an authorized officer of City, certifying that the representations and warranties of Seller contained in this Agreement are true as of the 6 Closing Date. D. General Deliveries. All other documents reasonably determined by Title to be necessary to evidence that City has duly authorized the transactions contemplated hereby and evidence the authority of City to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by City pursuant to this Agreement, or may be required of City under applicable law, including any purchaser's affidavits or revenue or tax certificates or statements. 7. Prorations. Seller and City agree to the following prorations and allocation of costs regarding this Agreement: 7.1 Commitment and Closing Fee. City will pay all costs of the title search and preparation of the Commitment with respect to the Property. City will pay the cost of all premiums for any title insurance policy it desires with respect to the Property, and the costs of all endorsements. City and Seller shall equally share any reasonable closing fees imposed by Title. 7.2 Transfer Taxes. Seller shall pay all state deed tax regarding the Deed. 7.3 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title to the Property in Seller. City will pay all recording costs with respect to the recording of the Plat and Deed. 7.4 Real Estate Taxes and Special Assessments. General real estate taxes applicable to any of Seller's Property due and payable in the year of Closing shall be paid by Seller. Seller shall pay in full all special assessments (and charges in the nature of or in lieu of such assessments) levied, pending, postponed or deferred with respect to any of Seller's Property as of the Closing Date. City shall be responsible for any special assessments that are levied or become pending against the Property after the Closing Date. Notwithstanding anything to the contrary set forth herein, in the event that there are special assessments levied against the Property after the Effective Date, which special assessment relate to City's development of the Property, such special assessments shall be assumed by City at Closing. 7.5 Attorneys' Fees. Seller and City shall each pay its own attorneys' fees incurred in connection with this transaction. 7.6 Survival. The obligations set forth in this Section 7 survive the Closing. 8. Survey Examination. Within a reasonable time following the Effective Date, City shall obtain the following: (i) a commitment for an owner's title insurance policy (ALTA Form 2006) issued by Title for the Property, and copies of all encumbrances described in the commitment (Commitment); and, if it desires, (ii) an ALTA-certified survey bearing the legal description of the Property, and showing the area, dimensions and location of the 7 Property (Survey) (the Survey together with the Commitment shall be known as the "Title Evidence") at its sole cost. 8.1 City's Objections. Within twenty (20) days after City's receipt of the last of the Title Evidence, City may make written objections ("Objections") to the form or content of the Title Evidence. The Objections may include without limitation, any easements, restrictions or other matters which may interfere with City's intended use of the Property or matters which may be revealed by the Survey. Any matters reflected on the Commitment which are not objected to by City within such time period shall be deemed to be permitted encumbrances ("Permitted Encumbrances"). City shall have the renewed right to object to the Commitment as the same may be revised or endorsed from time to time. 8.2 Seller's Cure. Seller shall be allowed twenty (20) days after the receipt of City's Objections to cure the same but shall have no obligation to do so. If such cure is not completed within said period, or if Seller elects not to cure such Objections, the sole recourse of City shall be to do one of the following: A. Terminate this Agreement by written notice to Seller, to be issued within ten (10) days after the expiration of Seller's cure period; or. B. Waive the Objections within ten (10) days after the expiration of the Seller's cure period and proceed to Closing, in which event the Objections shall be deemed Permitted Encumbrances. If City so terminates this Agreement under this Section 8.2, the Earnest Money shall be returned to the City and neither Seller nor the City shall be liable to the other for any further obligations under this Agreement (except for such obligations as specifically survive termination of this Agreement). If City fails to terminate this Agreement under this Section 8.2(A) in the time set forth therein, City shall be deemed to have elected to proceed under Section 8.2(B) and waive such Objections, in which the Objections shall be considered Permitted Encumbrances. 9. Warranties and Representations. 9.1 By Seller. Seller warrants and represents the following to City to be true as of the Effective Date, and acknowledges that City has relied on such representations and warranties in agreeing to enter into this Agreement: A. Seller is a Minnesota limited liability company, duly organized and in good standing under the laws of the state of Minnesota and is not in violation of any provisions of its operating agreement. B. This Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of Seller enforceable in accordance with its terms. Seller has been duly formed under the laws of the State of 8 Minnesota and is in good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact business in the jurisdiction in which the Property is located, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Seller pursuant hereto. This Agreement and the documents and instruments required to be executed and delivered by Seller pursuant hereto have each been duly authorized by all necessary action on the part of Seller and such execution, delivery and performance does and will not conflict with or result in a violation of Seller's organizational agreement or any judgment or order. C. The execution, delivery and performance by Seller of this Agreement will not (a) violate any provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to Seller, or (b) result in a breach of or constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which Seller is a party or by which it or any of its properties may be bound. D. To Seller's knowledge, except as contemplated herein, no order, consent, approval, license, authorization or validation of, or filing, recording or registration with, or exemption by, any governmental or public body or authority, or any other entity, is required on the part of Seller to authorize, or is required in connection with, the execution, delivery and performance of, or the legality, validity, binding effect or enforceability of, this Agreement. E. To Seller's knowledge, there are no actions, suits or proceedings pending or threatened against or affecting Seller or the Property, before any court or arbitrator, or any governmental department, board, agency or other instrumentality which in any of the foregoing (a) challenges the legality, validity or enforceability of this Agreement, or (b) if determined adversely to Seller, would have a material adverse effect on the ability of Seller to perform its obligations under this Agreement. F. To Seller's knowledge, there are no wells or sewage treatment systems located on any portion of the Property. To Seller's knowledge, there has been no methamphetamine production on or about any portion of the Property. To Seller's knowledge, the sewage generated by the Property, if any, goes to a facility permitted by the Minnesota Pollution Control Agency and there is no "individual sewage treatment system" (as defined in Minnesota Statutes § 115.55, Subd. 1(g)) located on the Property. G. Seller is not a "foreign person," "foreign corporation," "foreign trust," "foreign estate" or "disregarded entity" as those terms are defined in Section 1445 of the Internal Revenue Code. H. To Seller's knowledge, except as may be disclosed as part of the Due Diligence Materials, (i) no condition exists on the Property that may support a claim or cause of action under any Environmental Law (as defined below) and there are no Hazardous Substances (as defined below) on the Property, (ii) there has been no release, spill, leak or other contamination or otherwise onto the Property, and (iii) there are no restrictions, clean ups or remediation plans regarding the Property. To Seller's knowledge, except as may be disclosed as part of the Due Diligence Materials, there is no buried waste or debris on any portion of the Property. "Environmental Law" shall mean (a) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601-9657, as amended, or any similar state law or local ordinance, (b) the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., (c) the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., (d) the Clean Air Act, 42 U.S.C. § 7401, et seq., (e) the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., (f) the Safe Drinking Water Act, 42 U.S.C. § 300(0 et seq., (g) any law or regulation governing aboveground or underground storage tanks, (h) any other federal, state, county, municipal, local or other statute, law, ordinance or regulation, including, without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. § 115B.01, et seq., (i) all rules or regulations promulgated under any of the foregoing, and (j) any amendments of the foregoing. "Hazardous Substances" shall mean polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, and shall include, without limitation, substances defined as "hazardous substances," "toxic substances," "hazardous waste," "pollutants or contaminants" or similar substances under any Environmental Law. I. There are no unrecorded contracts of any nature or type relating to, affecting or serving the Property, to which the Seller is a party. J. There will be no indebtedness attributable to the Property which will remain unpaid after the Closing Date. The representations, warranties and other provisions of this Section 9.1 shall survive Closing for a period of one (1) year from the Closing Date; provided, however that Seller shall have no liability with respect to a breach of the representations and warranties set forth in this Agreement if City has actual knowledge of Seller's breach thereof prior to Closing and City consummates the acquisition of the Property as provided herein. City acknowledges and agrees that, except as expressly specified in this Section 9 of this Agreement, Seller has not made, and Seller hereby specifically disclaims, 10 any representation, warranty or covenant of any kind, oral or written, expressed or implied, or rising by operation of law, with respect to the Property, including but not limited to, any warranties or representations as to the habitability, merchantability, fitness for a particular purpose, title, zoning, tax consequences, physical or environmental condition, utilities, valuation, governmental approvals, the compliance of the Property with governmental laws, the truth, accuracy or completeness of any information provided by or on behalf of Seller to City, or any other matter or item regarding the Property. City agrees to accept the Property and acknowledges that the sale of the Property as provided for herein is made by Seller on an "AS IS," "WHERE IS," and "WITH ALL FAULTS" basis. The limitations set forth in this paragraph shall survive the Closing and shall not merge in the deed. 9.2 By City. City warrants and represents the following to Seller, and acknowledges that Seller has relied on such representations and warranties in agreeing to enter into this Agreement: A. City has all requisite authority to enter into this Agreement and to perform all of its obligations under this Agreement. B. The execution, delivery and performance by City of this Agreement will not (a) violate any provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to City, (b) violate or contravene any provision of the articles of incorporation or bylaws of City, or (c) result in a breach of or constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which City is a party or by which it or any of its properties may be bound. The representations, warranties and other provisions of this Section 9.2 shall survive Closing; provided, however, City shall have no liability with respect to any breach of a particular representation or warranty if Seller shall fail to notify City in writing of such breach within one (1) year after the Closing Date. 10. Additional Obligations of Seller. 10.1. Licenses and Permits. Seller shall transfer to City all transferable rights, if any, in any permits or licenses held by Seller with respect to the Property. 10.2. Condition of Property at Closing. On the Closing Date, Seller shall deliver to City exclusive vacant possession of the Property, as -is and where is, and shall have no obligation to remove or cause to be removed any personal Property, building material, or any other items incidentally located upon, at, or within the Property. 10.3. Further Assurances. From and after the Closing Date, Seller agrees to execute, acknowledge and deliver to City such other documents or instruments of transfer 11 or conveyance as may be reasonably required to carry out its obligations pursuant to this Agreement. 10.4. Non -Assumption of Contracts or Other Obligations. The parties understand and agree that City is only acquiring certain of Seller's real property assets and that this Agreement and any related agreements shall not be construed to be in any manner whatsoever an assumption by City of any agreements, indebtedness, obligations or liabilities of Seller which are owing with respect to the operation of the Property prior to the Closing Date. 10.5. Mortgages. On or before the Closing Date, Seller shall satisfy all mortgage and/or lien indebtedness with respect to all or any portion of the Property and shall obtain recordable releases of the Property from any and all such mortgages or other liens affecting all or any portion of the Property. Notwithstanding the foregoing, Seller shall not be obligated to satisfy any liens that result from the City's Investigations. 10.6. Marketing. At all times prior to the Closing Date, Seller shall not negotiate in any manner for the sale or transfer of the Property with any third party. 11. Broker. It is acknowledged that there is not a broker for either party. 12. Notice. Any notice to be given by one party hereto shall be personally delivered (including messenger delivery) or be sent by registered or certified mail, or by a nationally recognized overnight courier which issues a receipt, in each case postage prepaid, to the other party at the addresses in this Section (or to such other address as may be designated by notice given pursuant to this Section), and shall be deemed given upon personal delivery, three (3) days after the date postmarked or one (1) business day after delivery to such overnight courier. If to City: City of Stillwater Attn: City Administrator 216 4th Street N. Stillwater, MN 55082 with a copy to: Korine L. Land LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 If to Seller: Stillwater Marina & Yacht Club Attn: Andy Malon 575 N. Main St. Stillwater, MN 55082 13. Default; Remedies. If either Seller or City fails to perform any of its obligations under this Agreement in accordance with its terms, and such failing party does not cure such failure within thirty (30) days after written notice thereof from the other party (provided 12 that no notice or cure period shall be required for obligations to be performed at Closing), then the other party shall have the right to terminate this Agreement by giving the failing party written notice of such election. In the case of any default by City, Seller's sole and exclusive remedy shall be the termination of this Agreement as provided above and, upon any such termination, the Earnest Money shall be forfeited to Seller as the full and final liquidated damages, with the exception of any liens arising out of City's Investigations, the obligations and liability for which shall survive the termination of this Agreement and the release of the Earnest Money to Seller. In the case of any default by Seller, City's sole and exclusive remedy shall be to terminate this Agreement, in which case the Earnest Money deposit shall be returned to City. In no event shall City be entitled to record a notice of Lis Pendens against the Property. 14. Cumulative Rights. No right or remedy conferred or reserved to Seller or City is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative in and in addition to every other right or remedy existing at law, in equity or by statute, now or hereafter. 15. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties with respect to this transaction and supersedes any prior oral or written agreements between the parties regarding this transaction. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the parties, except as specifically set forth herein with regard to items waived as a result of passage of time. 16. Binding Effect; Survival. This Agreement binds and benefits the parties and their respective successors and assigns. All representations and warranties, and indemnification obligations of the parties hereto shall survive the Closing. 17. City's Assignment. City may assign this Agreement without the prior written consent of the Seller (but with written notice to Seller). No assignment shall relieve City from its obligations under this Agreement. 18. Governing Law. The provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, County of Washington. 19. Rules of Interpretation. The words "herein" and "hereof" and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. 20. Titles of Sections. Any titles of the sections, or any subsections, of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 21. Counterparts; Facsimiles. This Agreement may be executed in any number of 13 counterparts, and all of the signatures to this Agreement taken together shall constitute one and the same agreement, and any of the parties hereto may execute such agreement by signing any such counterpart. Facsimile or "PDF" signatures on this Agreement shall be treated as originals until the actual original signatures are obtained. 22. Represented by Counsel. Each party has been represented and advised by counsel in the transaction contemplated hereby. 23. Time of the Essence. Time is of the essence of this Agreement. [remainder of page intentionally left blank] 14 IN AGREEMENT, the parties hereto have hereunto set their hands as of the date hereinbefore first written. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk 15 SELLER: STILLWATER MARINA & YACHT CLUB, LLC By: Name: Andy Malon Its: Managing Partner 16 EXHIBIT A LEGAL DESCRIPTION OF SELLER'S PROPERTY That portion of BNSF Railway Company's (formerly Northern Pacific Railway Company) Stillwater Branch right of way, as now located in Section 21 and Section 28, in Township 30 North, Range 20 West, Fourth Principal Meridian, Washington County, Minnesota described as follows: That portion of that certain 26-foot-wide strip of land described first in deed dated November 7, 1888, from Frank H. Lemon and M. Oretha Lemon to Stillwater and St. Paul Railroad Company, recorded August 13, 1889, in Book 29 of Deeds, page 83, records of Washington County, Minnesota, lying Southerly of a line drawn at right angles to the main track centerline of said Stillwater Branch at a point distant 1,246.3 feet Southerly of the Easterly extension of the South line of the North Half of Lot 4, Block 32 of Carli and Schulenburg's Addition to Stillwater, as measured along said main track, as now located and constructed, said line also being the Southerly boundary of that certain parcel of land described seventh in Donation Deed dated July 22, 1983 from Burlington Northern Railroad Company to Minnesota Transportation Museum, Inc. Also, a 30-foot-wide strip of land lying immediately East of the centerline of the main track of said Stillwater Branch, as originally located and constructed, lying Southerly of the Southerly boundary line of said hereinabove described 26-foot-wide strip of land and Northerly of the North line of East Laurel Street, extended Easterly in the original town, now City of Stillwater, Minnesota. Excepting therefrom, that certain strip of land described third in deed dated September 8, 1902 from Northern Pacific Railway Company to Northwest Thresher Company. Also, a 9-foot-wide strip of land lying immediately West of the centerline of the main track of said Stillwater Branch, as originally located and constructed, lying Southerly of the southerly boundary line of said hereinabove described 26-foot-wide strip of land and Northerly of the North Line of East Laurel Street, extended Easterly in the original town, now City of Stillwater, Minnesota. Abstract Property PID: 28.030.20.11.0088 [Title Commitment legal description to govern] A-1 To be platted as: Lot , Block EXHIBIT B LEGAL DESCRIPTION OF THE PROPERTY [Title Commitment legal description to govern] B-1 I11war THE BIRTHPLACE OF MINNESOTA DATE: April 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Mick Greiner, Facilities Manager SUBJECT: City Hall Tuck Pointing Project BACKGROUND Stillwater City Hall has had issues with water intrusion as well as deterioration of the brick face and mortar. The most significant area is the south facing side of the building. The project will include tuckpointing, sealing and installing a gutter system on the south face of the City Hall. This item is budgeted under capital outlay for 2022. RECOMMENDATION Staff received quotes to complete this project and recommends entering into a contract with A&K Construction. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving Agreement of Services with A&K Construction for the City Hall Tuck Pointing Project. ' Or B i A T H ° I A I F OF M I N N l O' A AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 1 day of April , 2022 , by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and A&K Construction (name) _2221 Jack Breault Dr, suite 400, Hudson, WI 54016 (address) ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 3.24.22, incorporated herein as Exhibit A; ii. Other documentation, incorporated herein as Exhibit B. (Hereinafter "Exhibits.") b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 1 established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater A & K Construction 216 4th Street North 2221 Jack Breault Drive, Suite 400_ Stillwater, MN 55082 Hudson, WI 54016 Attention: Attention: Ryan Sherley Or e-mailed: Or emailed: rsherley@aandkbuilding.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. 3 d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. 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. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk STATE OF M NNESOTA ) ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this Mayor and Beth Wolf, City Clerk for the City of Stillwater. of , 2021 by Ted Kozlowski, Notary Public Commission Expires: _I_/ Commissioned At: CONTRACTOR COMPANY NAME ft k By: By (Please Print):_Ryan Sherley Title (Please Print):_President STATE OF MINNESOTA COUNTY OF TIe foregoing instrument was acknowledged before to this q�e'i e , its -reSlds for i- ^✓l df," •rr• Notary Public Commission Expires: Commissioned At: 4 A&K Construction Date: 03/24/22 Project: Stillwater City Hall RE: Exterior Wall Maintenance — Partial Building Proposal includes all labor and material for the following; 2221 Jack Breault Drive, Suite 400 Hudson, WI 54016 Bus.: (651)-233-0578 . Fax: Web: www.AandKconstruction.com Proposal • Brick washing • Tuckpointing • Caulking of control joints and exterior door frames • Remove portion of existing sidewalk on South side to install (1) roof drain trench to parking lot and pour in place. • Pour 4' x 4' concrete pad by door #2 $35,210.00 Exclusions: Permits, Note: This proposal may be withdrawn, if not accepted within 30 days. Respectfully Submitted, A & K Construction Ryan Sher&y 03/24/22 Signature Date Acceptance of Proposal Signature Date All pricing and material is based upon the specifications provided. All work to be completed in a professional manner according to standard practices. Any alterations or deviations from the specifications involving extra costs will be negotiated at that time. All scheduling agreements will be contingent upon delays beyond our control. Our workers are fully covered by Worker's Compensation Insurance. Page 1 of 1 11waL THE BIRTHPLACE OF MINNESOTA DATE: April 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Approval of Drainage and Utility Easements for 7101 and 7171 Mid Oaks Avenue BACKGROUND In the mid 1970's a sanitary sewer lift station was installed Mid Oaks Avenue North to serve the Mid Oaks neighborhood as well as some areas of the Croixwood neighborhood. The lift station is located near the properties of 7101 and 7171 Mid Oaks Avenue North. Staff has a proposed improvement to update the lift station and noticed during the design of the project, that the lift station and the gravity main entering and the force main exiting the lift station were installed on private property without any easements dedicated or recorded. The project was put on hold until easements can be acquired for these two properties. Staff has been in contact with the property owners regarding the project, the utilities on their property and the City's desire to acquire easements for these utilities. The two property owners have agreed to dedicate easements which also includes compensation for the two easements: 7101 Mid Oaks Ave at $3832.50 7171 Mid Oaks Ave at $4662. City Attorney Land has prepared the easement documents and Memorandum of Understanding documents for compensation for easements. RECOMMENDATION Staff recommends that Council approve the proposed Permanent drainage and Utility easements and Memorandum of Understandings for 7101 and 7171 Mid Oaks Ave North. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING THE PERMANENT DRAINAGE AND UTILITY EASEMENT AND MEMORANDUM OF UNDERSTANDINGS S FOR 7101 AND 7171 MID OAKS AVE NORTH. PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT ("Easement") is made, granted and conveyed this day of , 202_, by and between Robert Day, a single person ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City is working on a project that will require a Permanent Drainage and Utility Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, the following: PERMANENT DRAINAGE AND UTILITY EASEMENT DESCRIPTION Landowner does hereby grant and convey unto the City, its successors and assigns, the following: A permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, any utilities, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities any utilities, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall maintain the Permanent Easement Area at its own expense. Said maintenance obligation shall include, without limitation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris, and obstructions. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or his successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for himself and his successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that he is well seized in fee of Landowner's Property described on Exhibit A, the Permanent Easement Area described on Exhibit B and depicted on Exhibit C and 2 has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [The remainder of this page has been intentionally left blank.] 3 IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of _ , 202_, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 LANDOWNER: By: Robert Day STATE OF MINNESOTA COUNTY OF ss. The foregoing instrument was acknowledged before me on this day of _ . 202_ by Robert Day, a single person. This instrument drafted by and after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Notary Public 5 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Lot Ten (10), Block One (1), COCHRANE'S LONG LAKE, -according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. Torrens Property PID: 30.030.20.44.0004 Certificate of Title No. 80379 A-1 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A 10.00-foot-wide permanent easement for public drainage and utility purposes over, under and across that part of Landowner's Property, as monumented. The northerly line of said easement is the lot line common with Lot 11, said Block 1. Said easement is to extend by its full width from the northwesterly line of said Lot 10 to the easterly line of said Lot 10. B-1 EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA 0 0 SCALE 9 1 .'a 2 ao o� W a mo PROPOSED EASEMENT DESCRIPTION 4 FOR: CITY OF STILLWATER ®Bolton & Menk, Inc. 2021, All Rights Reserved ( id LP.ZY 'f iOZlfi/zT 11,4P'SNVHHJOD DL1E anal 40X3 dONd A 9trIVMGED\OVYOKt i[ZWpVAA71SN:Ft 0 oif DRAWN BY: FIELD BOOK: C-1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this day of 2022, by and between Robert Day, a single person ("Owner"), and the City of Stillwater, a Minnesota muncipal corporation ("City"). WHEREAS, Owner is the owner of real property legally described as: Lot Ten (10), Block One (1), COCHRANE'S LONG LAKE, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. Torrens Property PID: 30.030.20.44.0004 Certificate of Title No. 80379 (the "Property"); and WHEREAS, Owner has entered into a Permanent Drainage and Utility Easement (the "Easement") with the City; and WHEREAS, as part of the compensation for the Easement, Owner and City mutually agree that compensation for the Easement on the Property will be paid by City to Owner. NOW THEREFORE, it is hereby acknowledged and agreed upon between the parties that: 1. The City is engaged in a project to install a lift station that will be placed on, over, across or through a portion of Owner's Property ("Project"). Owner understands that the acquired property rights from Owner are for use in connection with the construction of the Project. 2. That in compensation for the Easement, the City shall pay Owner the sum of Three Thousand Eight Hundred Thirty -Two Dollars and Fifty/100s ($3,832.50) ("Payment"). It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Understanding and that this document and agreements include all oral agreements, representations, and negotiations between the parties. [The remainder of this page was intentionally left blank.] 1 IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of , 202_, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 2 LANDOWNER: By: Robert Day STATE OF MINNESOTA ) COUNTY OF 1 ss. The foregoing instrument was acknowledged before me on this day of , 202_ by Robert Day, a single person. Notary Public 3 PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT ("Easement") is made, granted and conveyed this day of , 202, by and between Megan E. R. Baxter and Brent Baxter, wife and husband ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City is working on a project that will require a Permanent Drainage and Utility Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, the following: PERMANENT DRAINAGE AND UTILITY EASEMENT DESCRIPTION Landowner does hereby grant and convey unto the City, its successors and assigns, the following: A permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, any utilities, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities any utilities, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or their successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for themselves and their successors and assigns, do hereby warrant to and covenant with the City, its successors and assigns, that they are well seized in fee of Landowner's Property described on Exhibit A, the Permanent Easement Area described on Exhibit B and depicted on Exhibit C and have good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. 2 This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [The remainder of this page has been intentionally left blank.] 3 IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of , 202_, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 LANDOWNER: By: Megan E. R. Baxter By: Brent Baxter STATE OF MINNESOTA ) ) COUNTY OF ) ss. The foregoing instrument was acknowledged before me on this day of , 202_ by Megan E. R. Baxter and Brent Baxter, wife and husband. This instrument drafted by and after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Notary Public 5 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Lot Eleven (11), Block One (1), COCHRANE'S LONG LAKE, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. Torrens Property PID: 30.030.20.44.0005 Certificate of Title No. 74605 A-1 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A 10.00-foot-wide permanent easement for public drainage and utility purposes over, under and across that part of Landowner's Property, as monumented. The southerly line of said easement is the lot line common with Lot 10, said Block 1. Said easement is to extend by its full width from the northwesterly line of said Lot 11 to the easterly line of said Lot 11. Together with: A 22.86 foot wide strip of land, adjacent to and abutting, the northeasterly line of the above - described easement and which extends from the northwesterly line of said Lot 11, southeasterly to a line parallel with and distant 25.84 feet southeasterly, measured at a right angle, from the westerly line of said Lot 11. B-1 EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA Uz 4y; WoW 4 7. O 11 ❑S 4`tl ..)01117 �Y , y" Wtl05:1t IZOZ/Z ZI?r^A'TZOZ-1O-ZI • 0351A31:1 • 5314V I-707'T'X1O'II101 1OX) d»21d A 94T4ZI\0E]\0YJI9ViVZIZWO\M115Vii N 00°19'25" W 10. z 0 w 2 • 2 ga i 0 u 8 NG 0 0 m l7 • Z• N =. O Q J FOR: CITY OF STILLWATER 1- z w 2 cc N 0 n Z O ? w F O ceF O m z =• oJ`° = m 0 a LA m 0 z 0 a LEJ 0 O F 2 L.UQI77 LLi O U 1 a Said easement is to extend by its full width from the northwesterly line of said Lot 11 to the easterly line of said Lot ©Bolton & Menk, Inc. 2021, All Rights Reserved 0 a cc DRAWN BY: FIELD BOOK: 0M2.124146 C-1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this day of 2022, by and between Megan E. R. Baxter and Brent Baxter, wife and husband ("Owner"), and the City of Stillwater, a Minnesota muncipal corporation ("City"). WHEREAS, Owner is the owner of real property legally described as: Lot Eleven (11), Block One (1), COCHRANE'S LONG LAKE, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. Torrens Property PID: 30.030.20.44.0005 Certificate of Title No. 74605 (the "Property"); and WHEREAS, Owner has entered into a Permanent Drainage and Utility Easement (the "Easement") with the City; and WHEREAS, as part of the compensation for the Easement, Owner and City mutually agree that compensation for the Easement on the Property will be paid by City to Owner. NOW THEREFORE, it is hereby acknowledged and agreed upon between the parties that: 1. The City is engaged in a project to install a lift station that will be placed on, over, across or through a portion of Owner's Property ("Project"). Owner understands that the acquired property rights from Owner are for use in connection with the construction of the Project. 2. That in compensation for the Easement, the City shall pay Owner the sum of Four Thousand Six Hundred Sixty -Two Dollars and 00/100s ($4,662.00) ("Payment"). It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Understanding and that this document and agreements include all oral agreements, representations, and negotiations between the parties. [The remainder of this page was intentionally left blank.] 1 IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 202 , before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 2 LANDOWNER: By: Megan E. R. Baxter By: Brent Baxter STATE OF MINNESOTA COUNTY OF ss. The foregoing instrument was acknowledged before me on this day of 202_ by Megan E. R. Baxter and Brent Baxter, wife and husband. Notary Public 3 iliwater_ THE BIRTHPLACE OF MINNESOTA DATE: April 14, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: TKDA Professional Services Agreement BACKGROUND Toltz, King Duvall Anderson and Associates (TKDA) has been providing engineering services for the former Water Board for several years prior to the merge with the City. Their work after the merger has continued with the City by assisting on the White Bear Lake court case, and engineering projects for the City's water supply system. In checking past records there is no formal agreement between the City and TKDA for their services in place today. Staff would like to continue working with TKDA on our water supply because of the long history with the City and their knowledge and familiarity of our water supply system. Attached is an agreement for professional services submitted by TKDA with revision and edits made by the City attorney. The agreement would be for a three year period. RECOMMENDATION Staff recommends that Council approve and enter in agreement for Professional Services with TKDA ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve and enter in agreement for Professional Services with TKDA. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this day of , 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Toltz, King, Duvall, Anderson and Associates, Incorporated, 444 Cedar Street, Suite 1500, St. Paul, Minnesota, 55101 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the proposal dated March 25, 2022, incorporated herein as Exhibit A, except as modified below: i. Where terms and conditions of this Agreement and those terms and conditions included in Exhibit A specifically conflict, the terms of this Agreement shall apply. b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in Exhibit A. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City as set forth in Exhibit A. Bills submitted shall be paid in the same manner as other claims made to City. 1 3. TERM. The term of this Agreement shall commence on the date written in the initial paragraph of this Agreement to April 18, 2025, unless terminated prior to that date pursuant to Section 4. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in Exhibit A. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Shawn Sanders to act as the City's representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Douglas Fischer to act as the Consultant's representative in the performance of the Services. He shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy. 3 12. OWNERSHIP OF DOCUMENTS. Professional documents and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Director of Public Works If to Consultant: Toltz, King, Duvall, Anderson and Associates, Incorporated 444 Cedar Street, Suite 1500 St. Paul, MN 55101 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written consent of the parties, which shall not be unreasonably withheld. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 4 f. 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. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. [remainder of page intentionally blank] 5 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 6 CONSULTANT By: Its: Date: 7 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Between THE CITY OF STILLWATER, MINNESOTA and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED THIS AGREEMENT is effective this 25th day of March, 2022, by and between the City of Stillwater, a Minnesota municipal corporation, hereinafter "OWNER," and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED, hereinafter "TKDA." WITNESSETH: That OWNER and TKDA, for the consideration named herein agree as follows: ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE OWNER hereby retains TKDA and TKDA agrees to provide Professional Services (Engineering, Architectural, and/or Planning) in connection with OWNER's responsibilities for water utility work, all as described by subsequent "Authorization(s) for Professional Services." Provide assistance on day-to-day matters, acting as OWNER's Engineer, and as requested by OWNER. Attend meetings of the City Council, as well as other Committees, Commissions, and Boards, which are not otherwise chargeable to specific authorizations. Engineering and Architectural services will, in general, include studies and reports, design, preparation of working drawings and specifications; construction observations, utility mapping, checking of shop drawings and estimates and recommendations regarding acceptance of work; and other related tasks of a type normally associated with infrastructure and facility planning, design, construction, operation and/or maintenance. Individual authorizations for professional services shall be duly approved by OWNER and accepted by TKDA when requested by OWNER, and for specific projects and services that have defined work scopes; and all records and documents for services with respect thereto shall be appropriately referenced to each of the specific authorizations. TKDA shall provide OWNER with an "Authorization for Professional Services" (EXHIBIT A) for each request made by OWNER. This shall become the "Authorization for Professional Services" upon its acceptance by OWNER. In lieu of signing an authorization, OWNER may authorize services by issuing a Purchase Order, approved by OWNER's authorized representative and accepted by TKDA; and in this regard, it is mutually agreed that any terms and conditions which are preprinted on a Purchase Order form do not apply to this Agreement. ARTICLE 2. PERIOD OF SERVICE TKDA is hereby retained for a three year term, subject, however, to termination by either party in accordance with ARTICLE 6. A period of service for each project shall be as set forth in the specific authorization as appropriate. TKDA Municipal PSA 03/16 -1- City of Stillwater, MN ARTICLE 3. INDEPENDENT CONTRACTOR TKDA is an independent contractor. The manner in which the services are performed shall be controlled by TKDA; however, the nature of the services and the results to be achieved shall be specified by OWNER. TKDA is not to be deemed an employee or agent of OWNER and has no authority to make any binding commitments or obligations on behalf of OWNER except to the extent expressly provided herein. All services provided by TKDA pursuant to this Agreement shall be provided by TKDA as an independent contractor and not as an employee of OWNER for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. ARTICLE 4. COMPENSATION TO TKDA A. Compensation to TKDA for day-to-day services shall be on an Hourly Rate basis as hereinafter described. B. Compensation to TKDA for services other than day-to-day and described in an authorization shall be on a Lump Sum and/or an Hourly Rate basis as designated therein and as hereinafter described. 1. A Lump Sum method of payment for TKDA's services shall apply to all or parts of a work scope where TKDA's tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. OWNER shall make monthly payments to TKDA within 30 days of date of invoice based on an estimated percentage of completion of TKDA's services. 2. An Hourly Rate method of payment for TKDA's services shall apply to all or parts of a work scope where TKDA's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy. Under an Hourly Rate method of payment, TKDA shall be paid for the actual hours worked on an authorization by TKDA technical personnel times an hourly billing rate established for each employee. Hourly billing rates shall include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. A current billing rate schedule is attached hereto as EXHIBIT B. TKDA will furnish an updated schedule to OWNER annually. 3. In addition to the foregoing, TKDA shall be reimbursed for the following Direct Expenses when incurred in the performance of the work: (a) Travel and subsistence, including vehicle allowances at cost for construction and survey services. (b) Outside professional and technical services with cost defined as the amount billed TKDA plus 10%. (c) Identifiable reproduction and reprographic costs, at cost. (d) Other expenses for additional items and services as may be required by OWNER to fulfill the terms of a specific authorization, at cost. 4. The OWNER shall make monthly payments to TKDA within 30 days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, accompanied by supporting evidence as required. TKDA Municipal PSA 03/16 -2- City of Stillwater, MN C. OWNER will pay the balance stated on the invoice unless OWNER notifies TKDA in writing of the particular item that is alleged to be incorrect within 15 days from the date of invoice, in which case, only the disputed item will remain undue until resolved by the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. In addition, TKDA may after giving seven days' written notice to the OWNER, suspend services under this Agreement until TKDA has been paid in full for all amounts then due for services, expenses and charges. OWNER acknowledges that TKDA shall not be responsible for any claim for consequential damages arising from suspension of services hereunder. ARTICLE 5. EXTRA WORK In the event that a lump sum or maximum payment amount is specified in an authorization and TKDA is of the opinion that any work they have been directed to perform is beyond the scope of the authorization, or that the level of effort required constitutes extra work, they shall promptly notify OWNER of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a supplemental authorization agreed to in writing by both parties prior to proceeding with any extra work or related expenditures. ARTICLE 6. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement and/or any authorization upon seven days' written notice. In addition, OWNER may at any time, reduce the scope of an authorization. Such reduction in scope of an authorization shall be set forth in a written notice from OWNER to TKDA. In the event of unresolved dispute over change in scope or changed conditions, the authorization may then be terminated. In the event of a reduction in scope of an authorization TKDA shall be paid for the work performed and expenses incurred on the authorization thus reduced and for any completed and abandoned work for which payment has not been made, computed in accordance with ARTICLE 4. Any reduction in the "not to exceed" payment figure shall be established by a supplemental authorization agreed to in writing by both parties. In the event of termination of an authorization all documents finished or unfinished, prepared by TKDA under the authorization shall be made available by TKDA to OWNER pursuant to ARTICLE 7, and there shall be no further obligation of OWNER to TKDA under the authorization, except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, computed in accordance with ARTICLE 4. In like manner, if the entire Agreement is terminated, all remaining documents on file with TKDA shall also, upon request, be made available to OWNER pursuant to ARTICLE 7 upon receipt of payment of amounts due and owing TKDA for any authorized work. ARTICLE 7. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of an authorization TKDA shall make available to OWNER, upon request, all maps, tracings, reports, resource materials and other documents pertaining to the work described in an authorization. All such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the work or to any other project. Any reuse without written verification or adaptation by TKDA for the specific purpose intended will be at OWNER's sole risk and without liability or legal responsibility on the part of TKDA. In this regard, OWNER will defend, indemnify, and hold harmless TKDA from any and all suits or claims of third parties arising out of such reuse, which is not specifically verified, adapted, or authorized by TKDA. TKDA Municipal PSA 03/16 -3- City of Stillwater, MN In the event electronic copies of documents are made available to OWNER pursuant to the foregoing paragraph, OWNER acknowledges that the useful life of electronic media such as DVDs and/or CDs may be limited because of deterioration of the media or obsolescence of the computer hardware and/or software systems. Therefore, TKDA makes no representation that such media will be fully usable beyond 30 days from date of delivery to OWNER. ARTICLE 8. OWNER'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, OWNER shall supply, in proper time and sequence, the following for each authorization at no expense to TKDA: 1. Provide all necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing, a person to act as OWNER's representative with respect to the services to be rendered under an authorization. Such person shall have authority to transmit instructions, receive instructions, receive information, interpret and define OWNER's policies with respect to TKDA's services. 3. Furnish, as required for performance of TKDA's services (except to the extent provided otherwise in an authorization), data prepared by or services of others, including without limitation, core borings, probings and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in an authorization. 4. Provide access to, and make all provisions for TKDA to enter upon public or private property as required to perform its services. 5. Act as liaison with other agencies to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the work described in an authorization and such approvals and consents from others as may be necessary for completion of the work. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by TKDA, obtain advice of an attorney, insurance counselor or others as OWNER deems necessary for such examination and render in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice to TKDA whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of TKDA's services or any defect in the work of construction contractor(s), consultants or TKDA. 8. Provide record drawings and specifications for all existing physical plants or facilities which are pertinent to an authorization. 9. Provide other services, materials, or data as may be set forth in an authorization. 10. Initiate action, where appropriate, to identify and investigate the nature and extent of asbestos and/or pollution in each project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, "pollution" and "pollutant" shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous or toxic waste means any substance, waste, pollutant or contaminant now or hereafter included within such terms under any federal, state or local statute, ordinance, TKDA Municipal PSA 03/16 -4- City of Stillwater, MN code, rule or regulation now existing or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. If TKDA encounters, or reasonably suspects that it has encountered, asbestos or pollution in a project, TKDA shall cease activity on the project and promptly notify OWNER who shall proceed as set forth above. Unless otherwise specifically provided in an authorization, the services to be provided by TKDA do not include identification of asbestos or pollution and TKDA has no duty to identify or attempt to identify the same within the area of any project. 11. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the project described in an authorization, such legal services as OWNER may require or TKDA may reasonably request with regard to legal issues pertaining to the project including any that may be raised by contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. B. TKDA shall be entitled to rely on the accuracy and completeness of information furnished by OWNER. If TKDA finds that any information furnished by OWNER is in error or is inadequate for its purpose, TKDA shall promptly notify OWNER. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by TKDA will be made on the basis of TKDA's experience and qualifications and represent TKDA's best judgment as an experienced and qualified design professional. It is recognized, however, that TKDA does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of TKDA's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, TKDA does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by TKDA to OWNER. ARTICLE 10. CONSTRUCTION PHASE SERVICES OWNER acknowledges that it is customary for the consultant engineer or architect who is responsible for the preparation and furnishing of drawings and specifications and other construction -related documents to be employed to provide professional services during the bidding and construction phases of a project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute or or -equal items of materials and equipment proposed by bidders and contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to TKDA's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. OWNER agrees that if TKDA is not employed to provide such professional services during the bidding (if the work is put out for bids) and the construction phases of a project described in an authorization, TKDA will not be responsible for, and OWNER shall indemnify and hold TKDA (and TKDA's professional associates and consultants) harmless from, all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by OWNER or others. Nothing contained in this paragraph shall be construed to release TKDA (or TKDA's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which TKDA has undertaken or assumed under an authorization and this Agreement. TKDA Municipal PSA 03/16 -5- City of Stillwater, MN ARTICLE 11. INDEMNIFICATION TKDA shall indemnify and hold harmless OWNER and its officers, agents and employees for all liability from suits, actions or claims of any character brought for or on account of any injuries or damages received by any person or property, including OWNER, to the extent they are caused by a negligent error, act, or omission of TKDA or any persons for whom TKDA is legally liable, in carrying out the terms of this Agreement. OWNER shall indemnify and hold harmless TKDA and its officers, agents and employees for all liability from suits, actions or claims of any character brought for or on account of any injuries or damages received by any person or property, including TKDA, to the extent they are caused by a negligent error, act, or omission of OWNER or any persons for whom OWNER is legally liable, in carrying out the terms of this Agreement. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement. ARTICLE 12. INSURANCE TKDA shall procure and maintain insurance for protection from claims against it under worker's compensation acts (statutory limits), claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims against it for damages because of injury to or destruction of property including loss of use resulting therefrom. TKDA shall also procure and maintain professional and commercial general liability insurance, and auto and excess insurance, for all damages arising out of the performance of services caused by an error, omission or negligent act for which TKDA is legally liable. The commercial general liability insurance policy shall provide coverage for incidents occurring within 50 feet of railroad tracks. Certificates of insurance will be provided to the OWNER upon request. ARTICLE 13. NON-DISCRIMINATION TKDA will comply with the provisions of applicable federal, state and local statutes, ordinances and regulations pertaining to human rights and non-discrimination. ARTICLE 14. CONTROLLING LAW This Agreement to be construed according to the laws of the State of Minnesota. ARTICLE 15. DISPUTE RESOLUTION All disputes between the parties arising out of this Agreement which are not resolved through good faith negotiations, within 30 days of written notice of dispute, shall be submitted to non -binding mediation as a condition precedent to litigation. ARTICLE 16. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom TKDA performs work hereunder, shall not be assigned, sublet or transferred without the written consent of OWNER. TKDA Municipal PSA 03/16 -6- City of Stillwater, MN ARTICLE 17. SEVERABILITY Any provision or portion thereof in this Agreement which is held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding between OWNER and TKDA. ARTICLE 18. DOCUMENTS FORMING THE CONTRACT The contract documents shall be deemed to include this Agreement with all accompanying exhibits a part hereof, and any subsequent authorizations issued pursuant to the terms of this Agreement. ARTICLE 19. NOTICES Any notice required to be given under this Agreement shall be provided in writing and sent by US Mail to either party by the other at the addresses listed below: City of Stillwater TKDA 216 North Fourth Street 444 Cedar Street, Suite 1500 Stillwater, MN 55082 St. Paul, MN 55101 ARTICLE 20. CONFIDENTIALITY A. It is understood in the course of fulfilling TKDA's business commitments that TKDA may have to communicate some of this information to various TKDA employees or subconsultants, but in such a case, TKDA will inform them of the confidential nature of the information and make them aware of their responsibility of keeping such information confidential, and TKDA will use every reasonable effort to see that they do keep such information confidential. B. However, any commitment as to confidential information shall not extend to: information TKDA already possesses at the time of disclosure by OWNER; information which is in or which comes into the public domain from a source other than TKDA; and information that comes to TKDA from a third party source not under obligation to OWNER to maintain the confidentiality thereof. C. TKDA also understands that any drawings, data sheets, or other materials given to it by OWNER remain the property of OWNER and must be returned to OWNER at OWNER's request, at the end of any negotiation or the completion of TKDA's work for OWNER. D. TKDA further agrees that no disclosure of information relating to any aspects of work for OWNER shall be made to third parties without OWNER's written consent. (Signatures appear on the following page. The remainder of this page has intentionally been left blank.] TKDA Municipal PSA 03/16 -7- City of Stillwater, MN IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF STILLWATER, MINNESOTA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By By Douglas W. Fischer, PE Vice President - Municipal, Utility and Planning Division ATTACHMENT. EXHIBIT A EXHIBIT B Approved at a meeting of the on 20 By Attest OR Approved by , 20_ Authorized OWNER Representative TKDA Municipal PSA 03/16 -8- City of Stillwater, MN EXHIBIT A CITY OF STILLWATER, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated Pursuant to our Agreement dated , 20, you are hereby authorized to proceed with the Professional Services described as follows: [PROJECT NAME] The OWNER proposes to I. PROJECT DESCRIPTION II. SERVICES TO BE PROVIDED TKDA is requested to provide the following services: A. B. C. D. III. ADDITIONAL SERVICES If the need for Additional Services is determined, and the fee for the additional work is agreeable and the OWNER authorizes such services in writing, TKDA shall furnish or obtain from others services of the types listed below. These Additional Services shall be compensated for on an Hourly Rate basis as defined in Agreement Article 3, a part hereof, and such compensation shall be over and above any maximum amounts set forth in this Authorization. A. B. -1- EXHIBIT A IV. PERIOD OF SERVICE SECTION II services will be completed within from the date of Authorization. V. COMPENSATION Compensation to TKDA for services provided as described shall be on an hourly rate basis as defined in Agreement Article 3, in the [estimated][not to exceed] amount of $ During the course of the Project if this amount is found to be insufficient, TKDA agrees not perform services or incur costs which result in billings in excess of such amount until advised that additional funds are available and services can continue. Approved at a meeting of the on , 20� By Attest OR Approved by . 20_ Authorized OWNER Representative Consultant Acceptance by , 20 Authorized TKDA Representative -2- EXHIBIT A EXHIBIT B 2022 SCHEDULE OF HOURLY BILLING RATES TKDA Municipal Services Division Employee Classification t Senior Management (CEO, Vice President) Senior Registered Engineer Registered Engineer or Professional Land Surveyor Graduate Engineer or Land Surveyor Senior Planner, GIS Analyst or Scientist Planner, GIS Analyst, or Scientist Graduate Planner, GIS Analyst or Scientist Engineering, Planning or GIS Specialist II Engineering, Planning or GIS Specialist I Technician III Technician II Technician I Range of Hourly Billing Rates* $ 186.00 to $ 228.00 $ 143.00 to $ 200.00 $ 86.00 to $ 134.00 $ 57.00 to $ 97.00 $ 100.00 to $ 154.00 $ 86.00 to $ 100.00 $ 55.00 to $ 93.00 $ 109.00 to $ 143.00 $ 69.00 to $ 129.00 $ 75.00 to $ 100.00 $ 52.00 to $ 86.00 $ 43.00 to $ 69.00 t Hourly billing rates for staff outside the Municipal Services Division will be billed at a 2.85 multiplier. * Rates are effective until December 31, 2022. ** For hours worked over 40 hours per week individuals are billed at one and one-half times the above rates. *** Capped Maximum. In addition to hourly charges, TKDA shall be reimbursed for direct expenses when incurred in the performance of the work. Direct expenses for travel and subsistence will be billed at applicable IRS and US GSA published rates. Unless provided otherwise in the master services agreement or a project agreement, TKDA shall be reimbursed for subconsultant fees at the amount billed TKDA plus 10%. Equipment Hourly Unit Rate* Total Station Survey Equipment GPS (Global Positioning System) Equipment 3D Scanner Unmanned Aerial Vehicles (UAV's/Drones) - Photogrammetry Submersible Drone/ROV (Remotely Operated Vehicle) Unmanned Aerial Vehicles (UAV's/Drones) - LIDAR * Depending on the project, these unit costs may be waived. Schedule MU 2850-M85 $ 40.00 $ 40.00 $ 40.00 $ 100.00 $ 100.00 $ 300.00 *** illwat!r THE BIRTHPLACE OF MINNESOTA MEMORANDUM DATE: April 7, 2022 TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: MNDOT Master Partnership Contract DISCUSSION: Attached is a copy of a proposed master partnership contract between the Minnesota Department of Transportation (Mn/DOT) and the City of Stillwater. The Master Partnership Contract provides a framework for Mn/DOT and the City to provide services and payment to each other for maintenance, material testing and plant inspection. In the past, the City utilizes MN/DOT for laboratory testing and plant inspection on our State Aid Projects, and traffic signal bulb replacement. This program has worked well for the City and would like to continue. The contract would be valid until 2027. RECOMMENDATION Staff has reviewed the Partnership Contract and recommends council approval. ACTION REQUIRED If Council agrees with the recommendation, they should pass Resolution NO 2022- Approval of ENTERING INTO A MASTER PARTNERSHIP CONTRACT WITH THE STATE OF MINNNESOTA DEPARTMENT OF TRANSPORTATION City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVING MASTER PARTNERSHIP CONTRACT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota 1. That the contract presented to Council and on file with the office of the City Clerk is hereby approved; and 2. Authorizes the Mayor and City Clerk to execute said agreement and any amendments thereto; and 3. That the City of Stillwater City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City of Stillwater City Engineer may execute such work order contracts on behalf of the City of Stillwater without further approval by this City Council. Adopted by the Stillwater City Council this 19th day of April 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk M1DEPARTMENT OF TRANSPORTATION MnDOT Contract Number: 1050222 STATE OF MINNESOTA MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the "State" and the Stillwater City, acting through its City Council, in this contract referred to as the "Other Party." Recitals 1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this contract is a "road authority" as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation -related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a "Work Order" contracts. 7. After the execution of this MPC, the parties may (but are not required to) enter into "Work Order" contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on July 1st, 2022, or upon the date last signed by all State officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not begin work under this Contract until ALL required signatures have been obtained and the Other Party has been notified in writing to begin such work by the State's Authorized Representative. 1.2. Expiration Date. This Contract will expire on June 30, 2027. 1.3. Exhibits. Exhibit A is attached and incorporated into this agreement. 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Other Party) for each particular engagement, except for Technical Services provided by the State to the Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully Master Partnership Contract Template 1 Updated 02/09/2022 MnDOT Contract Number: 1050222 executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Other Party understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully -executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 1.7. Definition of "Providing Party" and "Requesting Party". For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. "Requesting Party" is defined as the party requesting the other party to perform work under a work order contract. "Providing Party" is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Other Party. If requested and authorized by the Other Party, these services may be performed by the State for the Other Party without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A — Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract (If you have questions regarding whether a service is covered under 2.1.1, please contact Contract Management). 2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State's normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Other Party the State's then -current rate for performing the Technical Services. The then -current rate may include the State's normal and customary additives. The State will invoice the Other Party upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring a Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services "means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task." Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) cultural resources, engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing 2 MnDOT Contract Number: 1050222 relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party's professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party's own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully -executed work order in place. If work commences without a fully -executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although "on call" work orders may be prepared for certain types of services, especially for "Technical Services" items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will 3 MnDOT Contract Number: 1050222 furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Other Party to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non- payment. 4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State -approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti -icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally -assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other's request, furnish copies of right of way certificates, easements, and construction permits. 4 MnDOT Contract Number: 1050222 4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Other Party will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right-of- way, the following will apply: a. The Other Party will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Other Party, or its contractor, if work is suspended or stopped due to any such condition or concern. b. The Other Party will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. c. The Other Party will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. d. All improvements constructed on the State's right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time 6.1. In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 5 MnDOT Contract Number: 1050222 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State's normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State's normal and customary additives will not apply if the parties agree to a "lump sum" or "unit rate" payment. 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Other Party under all work order contracts issued pursuant to this MPC will not exceed $500,000.00. 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations" a copy of which is on file with and available from the MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Other Party. a. The Other Party will make payment to the order of the Commissioner of Transportation. b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM MNDOT. c. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1050222W[XX] and Invoice Number: 00000[#####] (see note above) Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. b. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Other Party has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment 8.1. All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws, rules, and 6 MnDOT Contract Number: 1050222 regulations. The Providing Party will not receive payment for work found by the Requesting Party to be unsatisfactory or performed in violation of federal or state law. 9. State's Authorized Representative and Project Manager 9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 9.2. The State's Project Manager will be identified in each work order contract. 10. Other Party's Authorized Representative and Project Manager 10.1. The Other Party's Authorized Representative for administering this master contract is the Other Party's Engineer, and the Engineer has the responsibility to monitor the Other Party's performance. The Other Party's Authorized Representative is also authorized to execute work order contracts on behalf of the Other Party without approval of each proposed work order contract by its governing body. 10.2. The Other Party's Project Manager will be identified in each work order contract. 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Other Party. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability 12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other Party's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the term "Contractor" is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. la will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits 13.1. Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Other Party and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State. 14.2. Intellectual Property Rights 7 MnDOT Contract Number: 1050222 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty -free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation -related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action 15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.2. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 8 MnDOT Contract Number: 1050222 15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.4. Minn. R. Parts 5000.3400-5000.3600. 15.4.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non- compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: a. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. d. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. e. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.4.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers' Compensation 9 MnDOT Contract Number: 1050222 16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party 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 Other Party individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party's responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue 18.1. Minnesota law, without regard to its choice -of -law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors 19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. 20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, 10 MnDOT Contract Number: 1050222 the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Other Party. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Other Party will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of funding within a reasonable time of the State's receiving that notice. 22. Data Disclosure 22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Other Party to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits 23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Other Party will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Other Party, and will not be bound by the terms of any settlement entered into by the Other Party except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions 24.1. NONE [THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK] 11 MnDOT Contract Number: 1050222 OTHER PARTY The Other Party certifies that the appropriate person(s) have executed the contract on behalf of the Other Party as required by applicable articles, bylaws, resolutions or ordinances. By: Title: Date: By: Title: Date: COMMISSIONER OF TRANSPORTATION By: Date: Title: COMMISSIONER OF ADMINISTRATION By: Date: 12 Exhibit A —Table of Technical Services Date: 3/28/2022 Master Partnership Contract Program FY 2023-2027 Source Code Title Description 1735 Bituminous Plant Inspection 2830 Bridge Bearing Assemblies 2819 Bridge Curb, Walk And Railing 2820 Bridge Deck 2838 Bridge Deck Crack Sealing 2827 Bridge Expansion, Relief Joints 2855 Bridge Inspection Direct Support 2828 Bridge Inspection -Federal Fund 2824 Bridge Inspection -Non -Federal Bridge Management System 1421 Operation/Administration/Data 2847 Bridge Poured/ Relief Joint Seal 2829 Bridge Superstructure 2316 Brush & Tree Removal 0032 Business Unit Management 3000 Class Of Frequency Coordination Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with bituminous plant inspection. All tasks related to the repair and maintenance of fixed or expansion -bearing assemblies on bridges. Includes related traffic Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median barriers on bridges. Includes related traffic control. Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or slab overlays and replacements and underside deck delamination. Includes related traffic control. All tasks related to deck crack sealing. Includes related traffic control. All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device bolts and replacing seal glands. Includes related traffic control. Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance. All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture -Critical Bridge Program (Project Code will begin with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use Source Code 2824. All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments. Includes related inspection reports and deck condition surveys. Use for tasks related to the Bridge Management System, including operations, administration, or data entry. All tasks associated with resealing bridge construction joints. Includes related traffic control. Related source type codes: Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance). All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and box girders. Includes related traffic control. Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump removal/grinding. Includes related traffic control. All expenses of business/office managers for general management and administration of support functions. includes administering central facilities maintenance and facilities capital budgets. Use for frequency coordination done with APCO, AASHTO or FCCA. Page 1 of 5 Source Code Title Description Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with 1733 Concrete Plant Inspections stationary concrete plants or mobile concrete paving plant inspection. Performing construction phase material inspection and engineering, for structural steel, precast and pre -stressed concrete, reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the 1734 Construction Materials Inspections field and offices). 1802 Construction Surveying Use for surveys to provide staking for the contractor's operations and for any other construction phase surveying All surface crack sealing, crack filling, or rout and seal operations. Includes related materials, hauling, stockpiling, and traffic 2106 Crack Sealing control. 3023 Elec Comm Eq Rep - Miles 0400 Equipment Calibration -Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects. All construction project field inspection (not cyclical inspection of assets), including preparatory plans & spec review, measurement, and verification other than environmental monitoring. Includes field inspection of materials such as gradations, densities/DCP, proctors, compaction, slump tests, and field air tests. Witnessing claims, determination and computation of pay quantities, materials control and certification for progress vouchers, but not for final payments. Includes collecting and transporting samples for lab tests, but not the actual laboratory verifications. Includes all construction phase project related activities for project and resident engineers such as problem resolution, guidance and direction to field technicians. Includes all miscellaneous field engineering expenses used by district offices such as space rental, utilities, or other costs charged to the construction project Includes all work associated with evaluation of implementation of intelligent compaction devices to 1800 Field Inspection determine if construction contract terms have been met. All district field and office tasks needed to respond to supplemental "Requests for Survey Data" and add the data to the surveys 1040 Final Design Surveys base map or DTM. Use for time, materials, and travel expenses when developing or delivering training. includes course preparation, designing 0601 Gen Training Preparation - Delivery materials, and managing training records. Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector 2210 Guardrail-Install/Repair/Maintenance replacement. includes related traffic control. 2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment. All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing, maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting structures, electrical service for highway lighting, re -tamping, pump stations, anti -icing systems, truck roll-over warning systems and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public 1871 Lighting Maintenance & Utilities inquiries/complaints, review utility billings, provide data, and conduct field reviews. Page 2 of 5 Source Code Title Description Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic 1875 Locate One Call management system, signal systems, or roadway lighting systems. Performing construction phase and research physical and chemical laboratory testing, and related technical services in the districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling 1732 Material Testing & Inspection weight deflectometer (FWD) testing. Used only by Office of Financial Management for billing and deposit transactions and to record payments to the department for 2660 Misc Revenue gravel sold to contractors and others. Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes work on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering 2822 Miscellaneous Bridge Maintenance materials, and picking up equipment. Includes related traffic control. On Call Electronic Communications Infrastructure 3049 Maintenance To be used by Statewide Radio Communications personnel to record on -call time. Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I -beams, and overhead 2142 Overhead Sign Panel Maintenance sign structures. Includes related cable locates and traffic control. Does not include structural work. 2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching For tasks related to the operation of the pavement management system, including development and maintenance/technical 1520 Pavement Management System support. Includes tasks to meet needs external to MnDOT. Shoulder to shoulder snow removal operation, winging back, snow blowing drifts, and the application of de-icing chemicals using 2406 Plowing & Material Application mobile equipment. Includes changing cutting edges during event and related traffic control. Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - 3005 Radio - Mobile Equipment Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list. Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios 3027 Radio Programming used as fixed base radios as part of the Inter -OP System (Use 3009). Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of 3002 Radio/Electronic Infrastructure Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project 3007 Radio/Electronic System Engineering Use for design of microwave, radio and miscellaneous electronic systems. Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic 3009 Radio/Electronic System Upgrade & Installation systems. Use for all work performed to correct or repair deficiencies found in a new installation. Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split 1716 Record Sampling sample. Page 3 of 5 Source Code Title Description Replacing, repairing, and washing signs (including temporary stop signs). Includes re -sequencing intersection signing and 2222 Sign/Delineation/Marker Repair repair/replace overhead and extrude signs mounted on I -beams. Includes related cable locates and traffic control. All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability 1182 Soils/Foundation Field/Laboratory Tests and triaxial tests. Use to record labor hours, equipment usage, and material costs to supply state furnished materials to a state road construction 1879 State Furnished Materials project with federal participation. Performing material inspection and engineering for materials designated for a specific construction project (SP). Generally applies to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and related technical services in the field and offices when related to a particular SP. Use for SP specific tasks related to performing the review of shop drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical 1738 State Project - Specific Materials Inspection services in the field and offices). Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and 1434 Structural Metals Inspection -Non DOT engineering, and technical services in the field and offices) for local agency projects. 2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit. Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other 0152 Support Services MnDOT systems, attending staff meetings and other indirect support activities. 1312 Tech Assist -Outside MnDOT Use when providing technical assistance to an organization external to MnDOT. Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing, 3025 Tower/Building Maintenance landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC. Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, 1876 Traffic Counting collecting field data, processing data, and developing new techniques for collection. Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information, managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables, monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use 1501 Traffic Management System (TMS) when providing traffic operations technical assistance external to MnDOT. Use with Page 4 of 5 Source Code Title Description 1513 Traffic Management System (TMS) Integration 1500 Traffic Mgt System Maintenance 1721 Traffic Sign Work Orders 2863 Traffic Signal Inspection 1870 Traffic Signal Maintenance 2834 Waterway Maintenance For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation. Used by staff to maintain various Intelligent Transportation System (ITS) devices such as dynamic message signs, ramp meters, cameras, detection, cables, RICWS, video wall monitors, switches, routers or modems. Used to record all costs for maintenance activities related to traffic management fiber optics. Not to be used for Lighting or Traffic Signal maintenance. Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081). Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures. Includes labor, equipment, materials, and traffic control. Work related to the structural repair and replacement of traffic signal system structures and all electrical maintenance for traffic signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public inquiries. All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel protection repair that is not part of slope protection. Includes related traffic control. Page 5 of 5 Lllwater THE BIRTHPLACE OF MINNESOTA DATE: April 14, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Retail Sale of Fireworks for Target BACKGROUND Target has submitted the required application, insurance and fee for a 2022 Retail Sale of Fireworks permit. RECOMMENDATION Staff recommends approval contingent upon the satisfactory completion of application submittal requirements and inspection. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving TARGET A LICENSE TO SELL FIREWORKS PRODUCTS contingent upon the satisfactory completion of application submittal requirements and inspection. i11water_ THE BIRTHPLACE OF MINNESOTA DATE: April 14, 2022 TO: Mayor and City Council FROM: Sharon Provos, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings for the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 1st quarter of every year using the water consumption from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (2nd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for Address 1 2 quarters of water usage not 1 From 21,000 1st 3484 87th St N To 7,000 2 From 0 1st To 0 3 From 0 1st To 0 4 From 0 1st To 0 5 From To 1st 6 From To 2nd 7 From To 1st 8 From To 1st I11war THE BIRTHPLACE OF MINNESOTA DATE: April 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: St. Croix Boat and Packet Annual Dock Permit BACKGROUND There are two (2) components to this request: 1. Annual Dock Permit for St. Croix Boat & Packet a. Standard City Regulatory Approval for St. Croix Boat & Packet to maintain dock on St. Croix River 2. Lease with St. Croix Boat and Packet a. City leases portion of St. Croix Boat & Packet's dock for public use St. Croix Boat & Packet was previously issued a Special Use Permit for their operations on the St. Croix River that requires an annual Dock Permit. The Dock Permit Rate is proposed to remain at $1,700 for each excursion boat for a total of $10,200 consistent with previous years. In 2021, the City discounted the fee by 50°/0 due to capacity restrictions associated with the COVID-19 Pandemic. In return, the City also leases six (6) slips on the St. Croix Boat and Packet Dock for public use on a transient basis. RECOMMENDATION Staff recommends renewing the Dock Permit for 2022 and lease of six (6) slips for public transient use. ACTION REQUESTED If Council concurs with recommendation, they should approve the 2022 Dock Permit and adopt a resolution approving a lease for six (6) transient boat slips for public use. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVING LEASE OF DOCK SPACE FROM ST CROIX BOAT & PACKET WHEREAS, the City Council of the City of Stillwater wishes to provide short term docking to the boating public for free; and WHEREAS, St. Croix Boat & Packet has agreed to grant the City of Stillwater a Lease of Dock Space on docks they own on the St. Croix River, in the location shown in Exhibit A. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the above described lease between St. Croix Boat and Packet and the City of Stillwater dated April 20, 2022 subject to the terms found in the lease as well as the following terms and conditions: 1. St. Croix Boat & Packet will offer electricity and water to the boating public at a reasonable price. 2. Use of slips will be free of charge to the public. 3. Overnight stays will be allowed at the four most southerly slips. But only at these four slips. 4. Overnight stays are limited to three consecutive nights. Adopted by the Stillwater City Council this 15th day of April 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Exhibit A 1) slips on west side of .St Croix Boat & Packet dock 2) access to slips over St Croix Boat & Packet dock 2022 DOCK PERMIT Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: 1. LOCATION. The Dock may be maintained in the St. Croix River south of East Nelson Street. 2. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATER FRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48.6 of the Stillwater City Code relative to the waterfront. 6. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000. 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the transient boat docking and a report summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE The Company must provide to the City proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims arising out of a single occurrence, covering claims arising out of the activates authorized by this permit, and to name the City as an additional insured on this policy "as their interest may appear". 9. PUMP OUT PRIVILEGES. The Company must provide pump -out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to six charter/excursion boats and one service boat not exceeding 26 feet in length. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accommodate a reasonable number of transient boats. In no event may the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,700.00 for each of the six charter/excursion boats that may be docked at this site. The total permit fee for 2022 shall be $10,200.00. 13. TRANSIENT BOATS Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision of the City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. DURATION. The duration of this permit is from January 1, 2022 through December 31, 2022. 20. TERMINATION. This permit may be terminated by the City at any time it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this permit. Dated this day of April, 2022 By: CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk 2022 DOCK LEASE St. Croix Boat and Packet, Lessor, hereby grants to The City of Stillwater, Tenant, a Lease of the Dock Space on the St. Croix River as shown on the map attached as Exhibit 'A', Stillwater, Minnesota 55082, on the following terms: 1. Rent of $16,000 for the 2022 boating season, amounts due on the 1st of each month beginning May 1st, 2022 through October 1st, 2022 to be mailed to Lessor at the following address: 225 Nelson Street, Stillwater, MN 55082. 2. Lessor shall pay the following expenses: electricity, if any, and garbage removal and any needed insurance on the Lessor's premises not under lease to Tenant. Lessor must allow public ingress and egress across their property to access the Leased Premises. 3. Tenant must keep the space clean and in good condition. Reasonable wear and tear is permitted; however, any unreasonable damage to the premises will be assessed by inspection and the cost of any repairs will be paid by Tenant. 4. Tenant must notify Lessor before performing any improvements or repairs. 5. Tenant is responsible to provide insurance coverage for Tenant's use of the property and equipment, and any business or public activity it conducts on the premises, including liability insurance equal to the municipal tort limits established by Minnesota law. 6. Tenant's rights under the Lease are exclusive to Tenant and non -assignable, and may not be sublet, except by written approval of the Lessor. 7. Lessor and Tenant must provide to the other contact information, including telephone numbers that the Lessor and Tenant can reach one another at and emergency telephone numbers of persons to be contacted in case of emergency. IN WITNESS WHEREOF, The City of Stillwater, Tenant, and St. Croix Boat and Packet, Lessor, have executed this Lease this 15th day of April, 2022. TENANT: LESSOR: The City of Stillwater St. Croix Boat and Packet I11war THE BIRTHPLACE OF MINNESOTA DATE: April 13, 2022 TO: Honorable Mayor and City Councilmembers FROM: Abbi Wittman, City Planner SUBJECT: Appeal to a Planning Commission variance approval for 516 Myrtle Street West (Case No. 2022-13) Applicant: Patrick Kelly, 604 Myrtle Street West Landowner: Steve and Lynn Thron BACKGROUND Districts: RB, two-family residential NCD, Neighborhood Conservation (Overlay) Steve and Lynn Thron own the property at 516 Myrtle Street West and would like to split the property into two. One lot will retain the existing six -unit apartment building. The other lot, proposed to the south of the existing apartment, would contain a single-family home in the future. When staff initially accepted the application, it was determined the property's existing conditions would require a variance in order for the City to approve a Resubdivision. The basis for rationale was: 1. The existing apartment building currently conforms to all zoning code requirements. 2. Resubdivisions may only occur when the "newly created property line will not cause the other remaining portion of the lot to be in violation of the subdivision or zoning code." 3. If the resubdivision were to occur, the existing apartment building's `front' would no longer be Myrtle Street West. Thus, rear property line would be that one on the east side of the structure. The east side of the structure sits 20' from that (future) rear property line but a 25' rear yard setback is required. 4. If no variance were obtained for the existing structure's rear yard setback, then the resubdivision could not occur. In a March 23, 2022 public hearing, the Planning Commission heard a request from Michael Koch of PM! Homes, representing Steve and Lynn Thron, for a variance to the rear yard setbacks to allow for a resubdivision of 516 Myrtle Street West. After public testimony was made, the Planning Commission voted 5-1 to conditionally approve the variance. Variance Review Appeals to the decision of a Commission are de novo which means — in essence — the City Council has the opportunity to conduct the hearing over. Staff has attached to this report all materials distributed to the Planning Commission. As the report summarizes: • The applicant is requesting a 5' variance to the 25' rear yard setback requirement to allow for the existing, non -conforming structure's (future) rear yard setback to be legal. • The request for a pre-1900's structure's setback to be legitimized is reasonable. There are no other reasonable alternatives given the structure cannot be moved. • The property's existing configuration is quite unique for this neighborhood. In addition to it never being platted prior to now, it is surrounded by single family residential homes. The property's condition is not a result of the applicant. • If approved, the character of the neighborhood will not be altered. While a new home will be placed between the apartment building and Myrtle Street West, this is consistent with development patterns in this neighborhood. • Staff's recommendation was to approve the variance on the basis the applicant has established practical difficulty. Appeal Review Specifically addressing Mr. Kelly's concerns, Staff has discussed this with the State Historic Preservation Office (SHPO). SHPO staff has indicated this is a matter of local concern and will not be providing comment regarding the matter. Next, the subject property is located in the Greely Residential Area Historic Preservation Planning area. A Planning Area is for planning purposes only; it does not carry regulatory similar to the City's other Overlay Districts. This area was evaluated in 1997 by Donald Empson of Empson Archives. The purpose of these neighborhood -level surveys is to identify lands, structures and sites worthy of protected preservation efforts by the City. These studies contain two parts: a narrative history of the neighborhood and also details of a reconnaissance -level survey of properties in the neighborhood. The narrative report does cite the property's significance as "The German School." However, the City of Stillwater Architecture -History Inventory Form developed from the survey indicates the structure was not preliminarily eligible for listing on the National Register of Historic Places. Additionally, in the 25 years since the report and survey were conducted, the City's HPC took no action to designate the structure. The structure is classified as a historic resource because it is not currently designated as a heritage preservation site, but may be worthy of such designation because of its historical, cultural, architectural, archaeological or engineering significance. In Case No. 2022-13 Page 2 of 4 discussions with local historians, no additional information about the school is readily available. There is no documentation that the Myrtle Street -facing side of the structure is the historic front or back. Thus, there is no determination of whether or not this portion of the school grounds is even significant to the structure itself. Additionally, it also worthy of note that, since 1924, three single family lots have been split from the original school grounds. All of this said, it is the purpose of the Stillwater HPC to be involved with there are matters of historic concern. However, Mr. Kelly's concern is with the changing of the address of the historic resource. Staff has reviewed historic files to determine if the current address — itself — bares any weight on the historic significance of the site. The originally -issued building permit (#817 and enclosed for Council review) does not cite the property's address). In review of historic Sanborn Fire Insurance Maps dated as early as 1904, no address appears on the property until 1924. In 1924 — long after the site's period of significance — the property was addressed as 520 Myrtle Street West. Staff has included the Sanborn Map for Council review. Staff Conclusions Though site has history associated with it, it has not been designated as a heritage preservation site by the City of Stillwater. Therefore, the City's Heritage Preservation Commission has no review authority of the variance nor the change in property address. Furthermore, staff continues to assert the existing's structure's setback of 20' from the future rear yard is reasonable and there is uniqueness to the property. While it can be construed the approval of the variance to allow for a new home to be located between the former school and the roadway would alter the character of the site, there are two concerns. First, the former schoolhouse grounds have been previously subdivided and new residential homes have been constructed. Adding an additional home to the school's former grounds will be in keeping with the adjacent development patterns and use. Secondly, the existing structure will not be altered as a part of this variance or future subdivision request. This action furthers future preservation efforts of the historic resource. RECOMMENDATION Upon further review of parcel history, it is likely that the City Council will see a follow up case to finalize/formalize the lot split through a formal plat/subdivision subsequent to this Variance review. Nonetheless, it is required that the City Council act upon the current appeal. Staff recommends the City Council reject the appeal and uphold the Planning Commission's approval of a 5' variance to the 25' rear yard setback. ACTION REQUESTED If Council concurs with recommendation, they should: Case No. 2022-13 Page 3 of 4 1. Pass a motion rejecting an appeal to, and upholding the Planning Commission approval of, a 5' variance request to the 25' rear yard setback for an existing structure located at 516 Myrtle Street West; and 2. Direct staff to prepare a Resolution documenting the Council's action to be brought back for formal Council approval at the next regularly -scheduled meeting. Attachments: Appeal Request Building Permit #817 1924 Sanborn Fire Insurance Map March 23, 2022 Planning Commission Staff Report Site Location Map Narrative Request Minor Subdivision Survey Cc: Pat Kelly Michael Koch Steve and Lynn Thron Case No. 2022-13 Page 4 of 4 Stillwater City Hall Community Development Director 216 North 4th Street Stillwater MN 55082 30 Mar 2022 Re: Appeal of CD-2022-13 516 Myrtle Street West Received Community Development Department The Planning Commission or Heritage Preservation Commission decision to approve the variances to the side and rear yard setbacks for the existing 6-unit apartment is an error and in bad judgement. The Planning Commission and Heritage Preservation Commission decision violates the fundamental reason why we preserve historic resources for future generations as outlined in Minnesota State Historic Preservation Office Section 471.193 of the Minnesota Statutes. This appeal is requesting a Substantive Due Process that addresses the rationality or reasonableness of the substance of the decision itself and that the Stillwater Historic Preservation Commission review the proposed action to split the property and change the address of the property with the Minnesota State Historic Preservation Office and the Minnesota Historic Society. The Minnesota State Historic Preservation Office Section 471.193 of the Minnesota Statutes which deals with matters related to planning and zoning and historic preservation. will assist government agencies in their historic preservation responsibilities. Section 471.193 states any local ordinance must agree with the applicable state enabling legislation as county and municipal governments can only exercise those powers specifically delegated to them by the state. The Stillwater Historic Preservation Commission role and responsibilities are to help to identify historic resources, publishing inventories of the resource results, help designate as official landmarks and districts through local ordinances and once properties are designated, alterations and improvements are reviewed for appropriateness by the commissions. Donald Empson, a local historian, has published a historic survey of the area in The History of the Greeley Addition financed by the Department of Labor and administered by the Minnesota Historical Society and Stillwater Heritage Preservation Commission. Mr Empson describes the historic nature of property at 516 Myrtle St W in the history of the Greeley neighborhood. On pages 40 and 41 of his book, he describes the architect and the builder of the German Schoolhouse built in 1898. He describes how the schoolhouse was used by the Lutheran Church of St Paul to educate students and to board the teachers on the second floor. He describes the demise of the building use when residents grew weary during World War I and that there is a photograph of the Lutheran Schoolhouse in the St Paul Church's history book. I believe a Substantive Due Process that addresses the rationality or reasonableness of the substance of the decision itself is required and the reason for the appeal. I question the Stillwater Historic Preservation Commission authority to change the address of the historic building. Sincerely, Patrick Kelly 604 Myrtle St W Stillwater, MN 55082 Cc: Minnesota State Historic Preservation Office C[:N'I'l.lt tii'itl•'l•."1- A History of the Greeley Residential Area Stillwater, Minnesota By Donald Eaatslon I enArfrr,(l by a ,girt! ` 09 the. IT. fi?parttt►v►tf Of !I.., lr:t-riot Adini tistered by rite !Ifinesoro lifstcnirot .SOcierl' And The Iierl«ove Preservation Gotunttsslur, oftlte Ciro- of tillu.ctter- Hor COOM1U1: s't'ItEv +E� 1! :}t a•t3 7!2 S:f3 G7 3. . .C.41C^i Z7roG .�^4 ._r. �."_.0 Jt_C� Z.- .._ "i.3 4 �.:_. c; I • : e.i :.. Wit- .'• -• • - - - . S:•rr _ ..•. ..L 3"f • Pa.tri 6c .. • -- _ - • -- •- - -•- + Pr.cir.1.4.: ..4d!eo+,1Q+•"!• S•► ...._ . ..._... _. -- . - • - tux 13140, . s. :. Pas:.. _ . _ .. _ _ •.. _ }1,1 I I r •._•t, x. ..rtgd t _: ¢ nets- + r•t = scar. _ru .!r ..L.tast r_r:qc �!a'r •: 1w4r.4141r ~. -. ._.7. r. .'�::i• .��wi-' eS ... 1. �r t e�.. _ ._- ':9111�r �"V.a"i a:. d :r_ !z. !ta'a`... _:� ritAtan' s•c fr 1 •E iiii43 & M . .. '.:." h+ •r *re' •!i'f i1 i S:i3RLf _ .. •: 01ai"Fl :S:i blerii+'t .ie•a :. :Ataa{sC+aa9 . :•s•i ,; • f• '1ri'14 13.04C!r.A.4 ..:'i Crr.4.:. iiel}Ui+#: ir.V"'t t4Vitliti L'i• ; ... • •i;r., tt'i (tair1144 tk0,Y/1 • 1 • I.. C : X0. a.:4C.Y :r 3+"!d lay+ # hartig Fma*r+s4:ama: 1^•t +•rw Iasrcrr of the Greele•.• Neighborhood prinstJrP.; ll'PrP hrriit up and n.0 n rG.:rl't marl' things nJi?/d rn German culture took to the closet and rite German school program ended."5" One neighbor living across the street recalls that his sister rented an apartment on trie second floor ofrhe btrida:sg ztz the 1930s. At that time, he remembers that ;he first floor;vinery:eel as classrooms aeti.oug'a it had }sot been used for that purpose for some times Thi3 reason .for the demise of the school is r aiSo :'cc0u'21ed in a history ,7 St. Paul's C] unc., -+•i1 ice. also contains t.Z e copy of an ear. t photograph oft building.x T •: e Ct h er i nst: ttrtio r' 171 the survey area is a rr`, t1 C II )►rare recent one the e First United Methodist Church at 813 W. Itertie Street. Because the building of this i?; L's;ive:l the desu'ttctian of what 1ras the most h istaric ia'ith:lark ir: the area. Earn Gree;ev'.r house. the _first brick hoarse in Stillwater. i am go►rug to quote fnm the history oft;tis church 'In the w wet of 1952, :;se Board teas faced with a major decision. The intprot emer.ts and repair: oft;;e church and parsonages conti.iueJ, bur it was now apparent that the Trillions Street house u avid steed ccrsiderabit more work done on it. At this °a;ne trite it was Giso learned rho: the old Greeley home was for sale. T hLr prope''t . consisttnng ofi;aifti•e biork on rite south sure of t rrie Street between Trillion! and Cree:ev Streets, had nor beers acctrriied for e-..ever! rears. The large tiro -storm brick ;douse was all that remained orwhat .';ad once beep; one ofrhe more .' uxuriorti ir:ar;s:or1s in S•i illorer'. Tie owner row ►t is'red to dispose oftt and the askingpr:ce i+-ar S6,000, u tit art. earnest )Haney pnymanr of S200. 7.11P purri n;P of t;-lr.t n°rl hnruast rul It thuruugltil discussed at the Ouarierly Conference ofFeb. 5, 19.12. It an.cngriP.d that iYq prnjwrtr sin wnrri; the Trice1r.c.clr'.dewe? h•a.. rr Verb Z. citable location ,/Cie a cili ach sometime in the flture... Plans mere qu;ekt► .-nude to irt:ilu' u nett parsu+euge. Ti,e old Greeley home had a three-:-oo'n frame section on one side. The parsonage on William Street was sold and the Wood t ards moved Into r11P.1P ri;rrooms while rho )nor. nfrl-P. );lion ; prnCOP(JPd to roar rlmt•ra the rest of the house. Bricks v.:er a removed, cleaned and sold; a local u rnrt-i;,g contractor purchased 177 •i'rP usenble rrrmhar: rrru .vri ne it•ni.` uiu%�Q _tiv,.ie Street a, us taker, aunt .t to be used luier ut t sae mew parsonage.... consecration service and opera tzouse was held on Nov. 30, 1952 for tT is first new building on tie property so recently acquired. 9• i Minnesota State Historic Preservation Office Administration Building #203 50 Sherburne Ave. Saint Paul, MN 55155 30 Mar 2022 Re: Substantive Due Process Appeal of CD-2022-13 516 Myrtle Street West The Stillwater City Hall held a hearing on 23 Mar 2022 to consider variance to the side and rear yard setbacks for an existing historic six -unit apartment building at 516 Myrtle St W, Stillwater MN 55082. The applicant requested a variance to split their current lot into two lots and allow a future single family home. The variance did not point out that the current front of the historic building would be changed to the west side and thus requiring the building address change. The proposed rear setback is currently 20 feet. 1 do not recall the details of the side variance. The Stillwater Planning Commission or Heritage Preservation Commission decision to approve the variances to the side and rear yard setbacks for the existing 6-unit apartment is an error and in bad judgement violates the fundamental reason why we preserve historic resources for future generations as outlined in Minnesota State Historic Preservation Office Section 471.193 of the Minnesota Statutes. I have appealed the City Council decision and have requested a Substantive Due Process review that addresses the rationality or reasonableness of the substance of the decision itself. I am requesting that the Minnesota State Historic Preservation Office contact Stillwater HPC under Section 471.193 of the Minnesota Statutes which deals with matters related to planning and zoning and historic preservation. In Section 471.193 states any local ordinance must agree with the applicable state enabling legislation as county and municipal govemments can only exercise those powers specifically delegated to them by the state. I believe that the action of the Stillwater HPC goes beyond the spirit of the statute and changing the address of a historic is substantial and prevents future generations knowledge of this historic resource. Donald Empson, a local historian, has published a historic survey of the area in The History of the Greeley Addition financed by the Department of Labor and administered by the Minnesota Historical Society and Stillwater Heritage Preservation Commission. Mr Empson describes the historic nature of property at 516 Myrtle St W in the history of the Greeley neighborhood. On pages 40 and 41 of his book, he describes the architect and the builder of the German Schoolhouse built in 1898. He describes how the schoolhouse was used by the Lutheran Church of St Paul to educate students and to board the teachers on the second floor. He describes the demise of the building use when residents grew weary during World War I and that there is a photograph of the Lutheran Schoolhouse in the St Paul Church's history book. I request a Substantive Due Process of CD-2022-13, that addresses the rationality or reasonableness of the substance of the decision itself is required and the reason for the appeal. I question the Stillwater Historic Preservation Commission authority to change the address of the historic building. Sincerely, Patrick Kelly 604 Myrtle St Stillwater, MN 55082 W cc: Stillwater HPC — Abbi Whitman APPLICATION FOR PERMIT A N I) Detailed Statement of Specifications Fo n. New Frame Building. SLUM/Wed Ol vner Architect Builder /os LOCATION. .Street, �Y�79I2� The within Application was granted by issuance of Permit to Build No. 67 `�_ • The within application rejected. 188. The followin zirbitrator's were appointed 188 who decided to allow the within Application sustain the decision of r'ejecti on, and, the Permit then issued as above. (;:tzErrE, Print. Stillwater, Minn. Detailed Statement of Specifications for the Erection of Frame Buildings. 1. llrrilrlitrs to br Mewled ore /l, ✓Yat ...side of”al° _SN•rr•t :le.,!, ,, .. �Q�^��-.I/ %2n(« Better, -rr _....._ /. aa/emu,/ly./. ad -cc .1. Size of Lot: No. of feel front 3,4..1,-- Y-. No. of feet rear. 2-9.2 t.. .\ o. of feet deep. L ,34 .' i 4, / A. 4. Size of Building: No. of feet front l L to. No. of feet rear ///.. y�.\'it. of feet deep_ No. of stories in height ....t .eellar, basement and attic. lfeight of posts ...... _3.....? • „' 5. IVlutt will building cost, excltrsire of lot .' $...a o F 0. What will be the depth, of fon notation walls front eurb level, or surface of thcgr•o:end .' . • _ . feet. What will be the t/tiekness of said wall ?.... MAT • inches. Depth, and size of cellar Y..' ,..feet deep, ;%. r 7. Will foundation be laid Ol, earth, rook, timber or piles ? ` , f !.1'..r1.?- 8. win the roof be flat„ pitched, hipped, or ✓lfarrsar•d ? ,!!_lrr edi 9. What will be the materials of roofing ? -fir sail 10. What will be the means of ,access to the roof yy i 11. .Material, size and of floor joists: 1st tier .g......v...L/..; 2d tier ...l..�9f.a: //..; 3d tier x 4th, tier r ; 5th tier r ; Oth tier r ; ceiling tier r ; roof tier j......t:.._"_._... State distance from centres: 1st tier...%Z....iraches; 2rl. tier.,JZ.._inches; 3d tier _inches; 4th tier inches: 5th, tier inches; ceiling tier irwhes; roof tier /._G....:inches. 19. If floors are to be supported by columns and girders, give the following information.: Size and material of girders under 1st floor 7' v_...1..e ; under upper floors r ; size and material of eol umns ranter lst floor .................. r ; tinder upper floors t• , en ir 13. What will be the distance of woodwork from, all flues, hot air or steam pipes?_ X ....i.Pke.or.•%lt�7 14. No. and size of chimneys er . i....2/; of what -materi material 4: ; will chimneys be built on bracket, or fromgrounl ? /ta -'n (,J.?..L1..!i.tr2,19 15. Hill building be veneered with brick, covered with iron, or wood ? 16. For what purpose will buhlrlirag be used ? /.a....r�:..tlO7.ki'.0 .one.... d'e l erred tee? 17. IT'lwre are the stairways to be constructed, and of what materials? a:.7lCGLCat 18. Row are the interior walls, partitions, etc., to be constructed, and of what materials ?........5 if d — 4...X f 10 Nino are the floors of cellars, basement and other stories to be constructed 20. How are the ceilings to br constructed? 231. IVill all ?materials and workmanship be in accordance with the requirements of Ike lard? (The following agreement must be signed by the owner or the authorized agent thereof) The undersigned hereby agrees to performall work required utuler the proposed improvement to accordance with the plans, specifications and within detailed statement, and in conformity with the laws and ordinances of the city of Stillwater. 0rvner.. i feigns fie' 44.04.44.:....4mress. /14.49.41 t[..d/r /�6l ✓lrchitect...(✓��1�' !Cl.�/ i./��.C'(1L'Q.e�B'�dddress_......_r Builder$�d.. ✓Address__..._/.._l%OS G/ f ,�`Y,_.... � T 0 As'!' „.dM 60 /7 W. q/cE Sr 15 N.WILLIAM i 48 60 /4 17 /3 n J - /6 I 3 . 5 D fl 2 ar /7 rq n 5 3 5 ailz , I. D 8 ED $ 7 L 2 �,r 8 x ,. V /4 ro /3 lei /0/8 0// • /4 2 /8 ti W. RICE �l2 1 ' l 3 D'/ _ HI x_ I_0 tII MP 6 D j D ° °i 5 Y 8 8. 7 7 /8 91 , allE 2 8' a / !i. MIN Wnxe /3 00 MS.: cas. ° 9 N.OWENS .rs .v as �$ r ill 411 ?�I n ' wll II ThW>WEW. MYRTLE N.GREELEY 4 3 5 8 CE 8 7 /0 /2 /4 9 ®II 08• 820 NORTH h 6 Metrg ►A 1 / D. Ix 1 x � r/ , `F O 9 — 6 5 rfill la9 2 I r: I / D °%o r" 2 if W.RICE r e ' r 7 /0 g .9 /2 /7 U SON 6"W9/66 • W W z 6 fl s 7 x 620 6/8 672 6/4 6/5 6// 6 7 5 9 I/D1 O 2 ,/ ti 6 x v4 5 0 6 /4 // /3 6/8 604 .D W.MYRTLE ___= 6"°o/gE====__ 0N0 /8 /7 D 806 0 W.RICE ST NUP L"SEVNN6 ?NA'P880025/NLL No, n Z; 0 520 0 Scale of Feet. ,00 50 16 80c 15 9, bll 601I LPN 60 /4 /6 ® b 60 /8 Sbtt Uwater THE RTHPLACE O F M i N N E S O 1 A PLANNING REPORT TO: Planning Commission CASE NO.: CD 2022-13 MEETING DATE: March 23, 2022 APPLICANT: Michael Koch of PMI Homes, Inc. LANDOWNER: Steve and Lynn Thron REQUEST: Consideration of a Variance to rear yard setbacks associated with a proposed Resubdivision LOCATION: 516 Myrtle Street West DISTRICT: RB — Two Family Residential zoning district NCD — Neighborhood Conservation (Overlay) District REPORT BY: Frannie Nielsen, Interim Zoning Administrator INTRODUCTION Steve and Lynn Thron own the property at 516 Myrtle Street West and are requesting the City Council's consideration of a Resubdivision to split the property into two lots. When Resubdivisions are contemplated, the applicant must show each property and its improvements can conform to all base zoning district requirements. The existing structure would not meet rear yard setbacks as a result of the resubdivision. Therefore, the owner is requesting a variance to the minimum rear yard setback in the RB district. SPECIFIC REQUEST Consideration of the following variance to allow for a Resubdivision: 1. A 5' variance from Section 31-308 RB two-family district rear yard setbacks of 25 feet to reduce the setback to 20 feet. ANALYSIS The State of Minnesota enables a City to grant variances when they meet the review criteria below. 1. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The property is zoned RB, Two -Family Residential. The existing and proposed uses are compatible or have received appropriate approvals to be in the RB zoning district. CD 2022-13 March 23, 2022 Page 2 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. • What is the purpose of the regulation for which the variance is being requested? Minimum rear yard setbacks' purpose includes ensuring structures do not interfere with traffic visibility, fire department access, and retaining uniform land development. • If granted, would the proposed variance be out of harmony with the Zoning Code? Although the existing structure faces toward Myrtle Street, access to the parcel is from Martha Street N for pedestrians and from Harriet Street N for vehicular traffic. Following approval of the resubdivision, the rear yard will be located along the eastern side of the property (which currently serves as a side yard). The proposed variance would not be out of harmony with the Zoning Code because of the parcel's and structure's unique shape and orientation. • If granted, would the proposed variance be out of harmony with the Comprehensive Plan? No, it would not be out of harmony with the Comprehensive Plan. 3. A variance may be granted when the applicant establishes that there are "practical difficulties" in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a "practical difficulty". • Is the property proposed to be used in a reasonable manner? The applicants are proposing to use the property in a reasonable manner; the proposed lots meet size requirements, and the proposed uses are permitted in the RB zoning district. • Is the plight of the landowner due to circumstances unique to the property? The plight of the landowner is due to circumstances unique to the property. The existing structure is surrounded by ample greenspace enough for multiple structures. The existing parcel's land area has the ability to accommodate an additional lot where both resulting parcels meet minimum lot size requirements. • Are the circumstances created by the landowner? The property owner did not create these circumstances. The property owner did not construct the existing 6-unit building that interferes with setbacks that would be required as part of a future resubdivision. • If granted, would the variances alter the essential character of the locality? The proposed variance would not alter the essential character of the locality. The proposed and existing housing types are permitted in the RB zoning district. Additionally, the property is located in the Neighborhood Conservation District and the design of the new home will need to obtain Heritage Preservation Commission review and approval prior to the issuance of a building permit. • Have practical difficulties been established independent of economic considerations? The applicant's desire for the variance is due to factors apart economic considerations. While there is an economic benefit to adding an additional parcel of land, the existing CD 2022-13 March 23, 2022 Page 3 structure already sits 20' from the eastern property line. Though the future Resubdivision would re -orientate the property to have its front facing Martha Street North, this does not change the property and its structure's current configuration. ALTERNATIVES A. Approval. If the Planning Commission finds the request in conformance to the City Code requirements for the issuance of a variance, it could approve the variance with (at least) the following conditions: 1. Plans shall be substantially similar to those found on file with Case CD 2022-13, except as modified by the conditions herein. 2. All changes to the approved plans will need to be reviewed and approved by the Community Development Director in advance. Any major changes will need to the Planning Commission for Use Permit amendment review and approval. B. Table. If the Planning Commission finds the request to have incomplete information, the case could be tabled. C. Denial. If the Planning Commission finds the request to be inconsistent with City Code, it could be denied. With a denial, the basis of the action should be given. FINDINGS AND RECOMMENDATION The property's condition is not a result of the applicant and is quite unique in this neighborhood. The proposed configuration is not inconsistent with the neighborhood it is situated in. The property owner has made a reasonable request to create two lots from one that fit with the size of others within the neighborhood. They have shown that both properties resulting from the resubdivision generally conform to the intent of the Zoning Code. Given these findings, staff finds that — with reasonable conditions — the request conforms to the standards set forth for the issuance of a variance and recommends approval of the variance with conditions outlined in Alternative A, above. Attachments: Site Location Map Narrative Request Minor Subdivision Survey cc: Steve and Lynn Thron Michael Koch iliwater Planning Department 216 4th Street North Stillwater MN 55082 651-430-8800 www.ci.stillwater.mn.us PlanningDept@ci.stillwater.mn.us REQUEST FOR A VARIANCE Dear Stillwater Planning Commission, Per the requirements of the variance application we are submitting, please find our comments below to support our request to the planning commission and the associated conditions to be met: As the property owners, we would like to express our intentions of use for the property identified in the attached survey showing parcel "A" and parcel "B": This survey will show the existing six unit residential structure and associated conditions. The survey will also show our proposed property line dividing this site so the newly created property can be used to build our new home where we plan on living. If this variance is granted, we are committed to using this land in a reasonable manner for the sole use as permitted by the City of Stillwater and its associated zoning and building ordinances where this property is located, but whereas our proposal to do so is not permitted by other official controls or departments. Although, our intentions are to meet the "Neighborhood Conservation Overlay District Regulations" with this variance request. The difficulty we are facing as the property owners is due to existing conditions unique to this property and something that we have not created and of which has been beyond our control. If the planning commission grants our variance, we have no intentions of altering the essential character of this neighborhood, and as noted above, we intend on meeting the requirements set fourth in the neighborhood conservation district regulations. We understand that there are practical difficulties in complying with all applicable requirements regarding our intentions for this property but we ask that you consider our comments above addressing our restraints and our intentions for use of this property and grant this variance allowing us to move forward with this project. Thank you for your consideration! Steve and Lynn Thron DOE A 0E TW 844.3 BW 839.0 10"A EXISTING HOUSE 14"A .11 1 2 / I / /I /I /I / I / I / I e• IS cP 12"A 1111 1111 j EXISTING 6 UNIT APARTMENT j 11 % BUILDING INFORMATION SHOWN FROM SURVEY BY OTHERES DATED 2002. -844.3 X 843.4 TW=838.4 BW=834.0 (251.85 DESC.) 889°11'39"W 252.48 --- EXISTING GARAGE 6 RESIDENCE STALLS I OWNER STALL PARCEL A / a e j//A -- 20 I -- 44Sk //X844.4 .d sr, 4 4 / ,--PROPOSED PARCEL LIN 544.6 X ` u1 TW=844.4 bh � / BW=840.8 qa � u1 1 TW=844.2 O / Ni-r ' I BW=841.4 N 4% / °17 49"W , 1 ,-16" / i S891 34.71 30"0 J t i t/ --- l�l (841 .-2) X 844.1 X 843.7 POS OUSE TOP OF FOUNDATION = 841 .9 GARAGE FLOOR = 841 .5 BASEMENT FLOOR = 832.4 (9' POURED) 843.2 - - 843.4 =833.5 WALKOUT 134. 33 �N89°17 49 E o2\ I W. MYRTLE ST. > > > > CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 C.S.A.H. NO. 12 0 X831.2 I NORTH 20 40 X843.6 840.3) STONE WALL EXISTING GARAGE \--14"A N EXISTING KENNEL TW=834.0 BW=831 .9 830 STONE W ou EXISTING '0'. / HOUSE s / OF SEC 2 PERFECTED 1 11 TO MARTHA 5 . 36 251.85 DESC.) LINE OF THE 51/2 OF iTHE NE 4 OF THE SW 1/4 T30, 1220 PEP LAT 4"- INGRESS & EGRESS = yEASEMENT PER / DOC. NO. 685518, / 677233 4213386 117.62 N89°05'01" E (117.60 DESC.) INGRESS & EGRESS EASEMENT PER DOC. NO. 677233, 4242133 (117.60 DESC.) --NORTH LINE OF 1 MYRTLE ST. t(117.60 DESC.) -y (251.25 DESC.) - EXISTING HOUSE PROPOSED LEGAL DESCRIPTIONS: PARCEL A All that part of the following described property lying north of the south 85.00 feet adjacent to Myrtle Street West: All that part of the S1/2 of the NE1 /4 of the SW1 /4 of Section 28, Township 30, Range 20, described as follows: Beginning at a point in the West line of Harriet Street, as the same is laid out and established in said City of Stillwater, where the North line of the S1/2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects the same; and running thence South along the West line of said Harriet Street 237.35 feet, more or less, to the North line of Myrtle Street, as the same is laid out and established in said City of Stillwater; thence West along the North line of said Myrtle Street 251.95 feet to the East line of Martha Street, as the same is laid out and established in said City of Stillwater; thence North along the East line of said Martha Street 236.37 feet, more or less, to a point where the North line of the S1 /2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects said East line; and thence East along said last mentioned North line 251.85 feet more or less, to the place of beginning; EXCEPTING therefrom the following: Beginning at the intersection of the North line of Myrtle Street as the same are laid out and established, thence Northerly along the West line of said Harriet Street as laid out and established; a distance of 21 5.1 5 feet; thence Westerly a distance of 117.60 feet to a point 214.57 feet Northerly of the North line of Myrtle Street as laid out and established; thence Southerly parallel with said West line of said Harriet Street a distance of 214.57 feet to the North line of said Myrtle street; thence Easterly along said North line of Myrtle Street as laid out and established a distance of 117.60 feet to the point of beginning and there terminating. PARCEL B The south 85.00 feet adjacent to Myrtle Street West of the following described property: All that part of the S1/2 of the NE1 /4 of the SW1 /4 of Section 28, Township 30, Range 20, described as follows: Beginning at a point in the West line of Harriet Street, as the same is laid out and established in said City of Stillwater, where the North line of the S1/2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects the same; and running thence South along the West line of said Harriet Street 237.35 feet, more or less, to the North line of Myrtle Street, as the same is laid out and established in said City of Stillwater; thence West along the North line of said Myrtle Street 251.95 feet to the East line of Martha Street, as the same is laid out and established in said City of Stillwater; thence North along the East line of said Martha Street 236.37 feet, more or less, to a point where the North line of the S1/2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects said East line; and thence East along said last mentioned North line 251.85 feet more or less, to the place of beginning; EXCEPTING therefrom the following: Beginning at the intersection of the North line of Myrtle Street as the same are laid out and established, thence Northerly along the West line of said Harriet Street as laid out and established; a distance of 21 5.1 5 feet; thence Westerly a distance of 117.60 feet to a point 214.57 feet Northerly of the North line of Myrtle Street as laid out and established; thence Southerly parallel with said West line of said Harriet Street a distance of 214.57 feet to the North line of said Myrtle street; thence Easterly along said North line of Myrtle Street as laid out and established a distance of 117.60 feet to the point of beginning and there terminating. LEGAL DESCRIPTION: EXISTING THRON LEGAL DESCRIPTION PER DOC. NO. 818078 All that part of the S1/2 of the NE1 /4 of the SW1 /4 of Section 28, Township 30, Range 20, described as follows: Beginning at a point in the West line of Harriet Street, as the same is laid out and established in said City of Stillwater, where the North line of the S1/2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects the same; and running thence South along the West line of said Harriet Street 237.35 feet, more or less, to the North line of Myrtle Street, as the same is laid out and established in said City of Stillwater; thence West along the North line of said Myrtle Street 251.95 feet to the East line of Martha Street, as the same is laid out and established in said City of Stillwater; thence North along the East line of said Martha Street 236.37 feet, more or less, to a point where the North line of the S1/2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects said East line; and thence East along said last mentioned North line 251.85 feet more or less, to the place of beginning; EXCEPTING therefrom the following: Beginning at the intersection of the North line of Myrtle Street as the same are laid out and established, thence Northerly along the West line of said Harriet Street as laid out and established; a distance of 21 5.1 5 feet; thence Westerly a distance of 117.60 feet to a point 214.57 feet Northerly of the North line of Myrtle Street as laid out and established; thence Southerly parallel with said West line of said Harriet Street a distance of 214.57 feet to the North line of said Myrtle street; thence Easterly along said North line of Myrtle Street as laid out and established a distance of 117.60 feet to the point of beginning and there terminating. EASEMENT NOTES: NO TITLE COMMITMENT OR TITLE OPINION WERE PROVIDED THAT WOULD SHOW US EASEMENTS OR ENCUMBRANCES EFFECTING THE PROPERTY SURVEYED. EASEMENTS SHOWN ARE LIMITED TO THOSE SHOWN ON COUNTY HALF SECTION MAPPING AND KNOWN TO THIS SURVEYOR. OTHER EASEMENTS MAY EXIST THAT ARE NOT SHOWN. WE RESERVE THE RIGHT TO UPDATE HIS SURVEY IF SAID TITLE WORK IS RECEIVED. 1. EASEMENTS FOR INGRESS, EGRESS, UTILITIES, MAINTENANCE PER DOC. NO. 4213386 2. INGRESS AND EGRESS EASEMENT PER DOC. NO. 677233 3. INGRESS AND EGRESS EASEMENT PER DOC. NO. 685518 SURVEY NOTES: 1 . BEARINGS ARE ASSUMED. 2. UNDERGROUND UTILITIES SHOWN PER CITY OF STILLWATER ENGINEERING DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 4. DATE OF FIELD SURVEY BY OTHERS ON THE MAJORITY OF THE PARCEL = 2002. SUPPLEMENTED BY CORNSTONE LAND SURVEYING, INC IN 2019. DEVELOPEMENT DATA (IN SQ.FT.) TOTAL PARCEL AREA = 34,409 PROPOSED PARCEL A = 22,962 PROPOSED PARCEL B = 11,447 PROPOSED PARCEL A EXISTING IMPROVEMENTS TO REMAIN HOUSE = 2,836 GARAGE = 1,854 CONCRETE = 1,192 BITUMINOUS = 609 GRAVEL = 4,883 TOTAL = 11,374 EXISTING BUILDINGS = 4,690 20.4% EXISTING IMPERVIOUS = 6,684 29.1% RB - TWO FAMILY BUILDING SETBACKS: FRONT = 20' HOUSE, 30' GARAGE SIDE = TOTAL 1 5, GARAGE 5' REAR = 25' HOUSE, 5' GARAGE 25% BUILDING COVERAGE 25% IMPERVIOUS SURFACES PROPOSED REMOVALS OF GRAVEL = 950 SQ.FT. PROPOSED BUILDINGS 4,690 PROPOSED IMPERVIOUS = 5,734 24.97% AREA OF PARCEL BURDENED BY ACCESS EASEMENTS = 2,002 PROPOSED PARCEL B HOUSE = 2,664 (23.3% OF PARCEL) PATIO = 240 DRIVEWAY = 1,446 WALLS = 149 EXISTING WALLS = 1 83 TOTAL IMPERVIOUS = 2,01 8 (1 7.6%) NOTE: THE PROPOSED HOUSE AND IMPROVEMENTS ARE SUBJECT TO CHANGE AND FOR FOR REFERENCE PURPOSES ONLY FOR THIS SUBDIVISION. LEGEND: • 0 rV IACI Eh IEPI Er r( 55 CO or® ® or 0 FOUND MONUMENT SET 1 /2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP ® WATER WELL ® WATER MANHOLE WATER METER 8 POST INDICATOR VALVE WATER VALVE O BOLLARD ®- FLAG POLE MAIL BOX tT TRAFFIC SIGN ® UNKNOWN MANHOLE la SOIL BORING TRAFFIC SIGNAL WM to CONIFEROUS TREE DECIDUOUS TREE UE UTV OF ur oU uG UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONCRETE SURFACE BITUMINOUS SURFACE MINOR SUBDIVISION CONTACT: STEVE & LYNN THRON 730 FONTANA DR. PUNTA GORDA FL 33950 651-491-7549 thronfamily@gmail.com COUNTY/CITY: WASH 1 NGTON CO U I JTY C I O F STI LLWATER REVISIONS: DATE REVISION 2-20-22 PRELIMINARY ISSUE CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Davie L. Thurmes Registration mber: 25718 Date: 2-20-22 PROJECT LOCATION: 5 7 � MYRTLE ST. W. PID#280302031 0006 1 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. SURVSTO2 ST02002 MINOR SUBDIVISION Lllwater THE BIRTHPLACE OF MINNESOTA DATE: April 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Stillwater Police Department Staffing Analysis RFP Response Recommendation Authorizing Agreement for Services BACKGROUND The City's 2021-2025 Strategic Plan includes an action item within the Organizational Excellence theme to address Public Safety staffing needs. To effectuate that Strategic Plan priority, the City Council included $40,000 in the adopted 2022 budget to engage a consultant to conduct a Police Department Staffing Analysis for the City. Critical elements of a consultant proposal to perform the staffing analysis include: the previous experience and staff qualifications of the consulting firm, staffing analysis process, stakeholder engagement, cost analysis, funding & implementation analysis, timeline to perform the analysis and cost of the analysis. An RFP to perform a Police Department Staffing Analysis was issued on February 24, 2022 and proposals were submitted by ten consulting firms by the submittal deadline of March 18, 2022 and they are as follows: Alexander Weiss Consulting, LLC, Evanston, IL $25,000 BerryDunn McNeil & Parker, LLC Portland, ME $39,500 McMahon Associates, Inc. Neenah, WI $42,500 Center for Public Safety Mgmt, LLC, Washington, DC $53,500 Fitch & Associates, LLC Platte City, MO $58,500 Matrix Consulting Group, Ltd San Mateo, CA $59,900 Care Systems, Inc. Gaithersburg, MD $63,360 Ethical Leaders in Action, Inc. Minneapolis, MN $70,500 Raftelis Financial Consultants, Inc. Cincinnati, OH $74,500 Baker Tilly US, LLP Minneapolis, MN $99,925 An evaluation team comprised of the Police Chief Mueller, Captain Meredith, Human Resource Director Robole and myself were appointed to review and analyze all the responses. The team reviewed each proposal based on previous experience of the firm, qualifications of the firm's staff, the proposed services meeting the needs of the City, the proposed time schedule and proposal cost. RECOMMENDATION Following the review and analysis of the proposals, the team recommends acceptance of the proposal and award of the professional services agreement to BerryDunn McNeil & Parker, LLC in the amount of $39,500 as the most responsible proposal for the provision of Police Department Staffing Analysis consulting services that best meets the needs of the City. Berry Dunn offered incorporating a full staffing analysis as part of the project. The additional cost to do this analysis would be $5,000. When completing the Fire Department analysis this year, the total cost was less than the budgeted amount therefore money is available to accomplish this extra study. (The Fire Department analysis was $34,995). Staff recommends tasking BerryDunn with the full staffing review and asks City Council to approve Resolution 2022-xxx Approving Proposal and Awarding Professional Services Contract to Berry Dunn McNeil & Parker, LLC for the Stillwater Police Department Staffing Analysis Consulting Services in the amount of $44,500. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving Resolution 2022-xxx Accepting Proposal and Awarding Professional Services Agreement to BerryDunn McNeil & Parker, LLC for the Stillwater Police Department Staffing Analysis Consulting Services. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx ACCEPTING PROPOSAL AND AWARDING PROFESSIONAL SERVICES AGREEMENT TO BERRYDUNN MCNEIL & PARKER, LLC FOR STILLWATER POLICE DEPARTMENT STAFFING ANALYSIS CONSULTING SERVICES WHEREAS, the City of Stillwater distributed a Request for Proposals (RFP) for Police Department Staffing Analysis on February 24, 2022 to provide a comprehensive analysis of service and staffing options for the Stillwater Police Department; and WHEREAS, the City received ten vendor proposals within the specified timeline in response to the RFP; and WHEREAS, an evaluation team comprised of the Police Chief, Police Captain, Human Resource Director and City Administrator, reviewed and analyzed the responses based on previous experience of the firm, qualifications of the firm's staff, the proposed services meeting the needs of the City, the proposed time schedule and proposal cost, and the team recommends acceptance of the proposal and award of the professional services agreement to BerryDunn McNeil & Parker, LLC as the most responsible proposal for the provision of Police Department Staffing Analysis 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 Police Department Staffing Analysis consulting services proposal BerryDunn McNeil & Parker, LLC, is hereby accepted; 2. The professional services agreement best meeting the needs of the City is awarded to BerryDunn McNeil & Parker, LLC for provision of Police Department Staffing Analysis consulting services for the City of Stillwater in the amount of $44,500. 3. Approves and directs the Police Chief, City Administrator and City Attorney to prepare and finalize a professional services agreement between the City of Stillwater and BerryDunn McNeil & Parker, LLC, for provision of Police Department Staffing Analysis consulting services for the City of Stillwater and authorizes the Mayor and City Clerk to execute said professional services agreement. Adopted by the Stillwater City Council this 19th day of April 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk iliwater THE BIRTHPLACE OF MINNESOTA DATE: April 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Award of contract for 2022 Street Improvement Project (Project 2022-02) BACKGROUND The bid opening for the 2022 Street Improvement Project was Thursday, April 14th, 2022. The City received four bids with the lowest bid in the amount of $2,174,696.38 submitted by Miller Excavating, of Baytown, Minnesota. This was 11 % over the engineer's estimate of $1,968,787.94, and is 7.9% over the Feasibility study construction estimate of $2.014,575.36. This increase was in part due to adding the 2021 Sidewalk rehabilitation project to the 2022 Street improvement project and the increase in Bituminous prices recently. The cost of reconstructing the 2021 Sidewalk project is lower than the bids we received last year and it is lower than the feasibility report construction cost of the 2021 sidewalk project. The low bid is still within the budget allocated for the 2022 Street Improvement Project. RECOMMENDATION Staff recommends that the City Council accept the bids submitted for the 2022 Street Improvement Project, Project 2022-02, and award the contract to Miller Excavating, Inc. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2022- , ACCEPTING BID AND AWARDING THE CONTRACT FOR 2022 STREET IMPROVEMENT PROJECT (PROJECT 2022-02). City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx ACCEPTING BID AND AWARDING CONTRACT FOR 2022 STREET IMPROVEMENT PROJECT (PROJECT 2022-02) WHEREAS, pursuant to an advertisement for bids for the 2022 Street Improvement Project, five bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER Miller Excavating, Inc., Baytown, MN MPM Minnesota Paving & Materials, Rogers, MN Dresel Contracting, Inc., Chisago City, MN T.A. Schifsky, North St. Paul, MN Engineer's Estimate and BID AMOUNT $2,174,696.38 $2,257,037.23 $2,277,265.74 $2,358,016.27 $1,968,787.94 WHEREAS, it appears that Miller Excavating, Inc., Baytown, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with Miller Excavating, Inc., Baytown, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 19th day of April 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk illwater THE BIRTHPLACE OF MINNESOTA DATE: April 15, 2022 TO: Honorable Mayor and City Council Members FROM: Tim Gladhill, Community Development Director SUBJECT: Skate Park Proposal BACKGROUND The City has been approached by Nicole Hause desiring to develop a new skate park somewhere in the City of Stillwater. Nicole grew up in the Stillwater Area and is a competitive skateboarder. The primary intent of this report is to simply receive the presentation from Ms. Hause. If the City Council is interested in exploring further, the next step in the process is to complete a site selection process to determine a proposed location. This would likely need to include a level of public engagement and staff resources. Ms. Hause is generally open to leading the effort with the support of the City. Ms. Hause also set up a Facebook Page related to the project at https://www.facebook.com/groups/368291581303051. The City Council is simply asked to receive the presentation and provide any desired direction to Staff. I. • -1..L-EN Stillwater Skatepark Project 10,000-15,000 sq ft skatepark Stillwater, MN Population: 20,131 A little bit about myself Born and raised in Stillwater, Minnesota Graduated from Stillwater Area High School in 2016 played basketball growing up but when I found skateboarding, I fell in love! There were no boundaries, no limits, no rules, coaches or practice. I was always independent and skateboarding matched my level of independence. It was mine to learn, too fail, and to persevere. • Competed professionally in skateboarding for the past 9 years • Sponsored by Nike skateboarding since 2018 • Was on the first ever USA skateboarding team in 2019 • Currently serving on the board of directors for USA skateboarding to_ but um - this t to tad, lina des, :Itz, ;oo1 dify ong to vith and will his the e in eam urR- hree Yas La sing sing Ja- run- nore wA6Lwijaciysmithnewssom NICOLE HAUSE WINS AT VANS COMBI POOL CLASSIC — Nicole Hause, the daughter of Ladysmith native Missy Hause and Weyerhaeuser native Jeff Hause took home first place and $28,000 at the Vans Combi Pool Classic on March 9-10 in Orange, Calif. Above, Hause poses with her father, Jeff, with the first place trophy after a great two days of competition in California. • Serve in the Athletes World Skate commission group, which works directly with helping the national governing body for the Olympic sport of skateboarding • Serve on the Skatepark Project grants committee (started by Tony Hawk), helping to distribute grants to underdeveloped areas and allocate funding to help build skateparks Skateboarding has been a big part of my life since I was 10 years old. I have traveled the world, spoken on panels, competed in Olympic qualifiers, walked in New York Fashion week, and been featured in Nike videos and commercials. However beyond that, skateboarding has taught me self discipline and goal setting. It's given me a sense of confidence and built me a community all over the world consisting of people of all ages, ethnicities and cultural backgrounds. -rf r —ra I t' N Why a skatepark? • Skateboarding is one of the fastest growing sports in the world and is not slowing down any time soon. It has officially been named a permanent Olympic sport as of December 2021. • Valuable for youth and community who don't fit in with traditional sports, or don't have the means to be a part of them. It goes beyond skateboarding. It allows all ages, genders, and races to come together for one common goal. Skateboarding is free and has no limits, encouraging creativity and endless possibilities. • Any healthy activity that a young person is passionate about should be encouraged and supported. Skateparks are viewed as a home away from home for many skaters. Giving them confidence and a sense of belonging. "If your city doesn't have a skatepark, your city is a skatepark" Safety and Liability A large portion of injuries, (i.e., accidents requiring medical attention), happen to skateboarders with less than a week of skating experience. Skateboarding injuries requiring hospital visits happen to about 2% of participants per year, while injuries strike 22.4% of basketball players, 11.6% of baseball players, and 6.2% of soccer players (according to the U.S. Consumer Product Safety Commission). Relative to these other sports, skateboarding is safe. • Public outdoor unsupervised skateparks are a norm in America - Covered under state law - Insurance under state umbrella HOW SAFE IS SKATEBOARDING? • now o u r ▪ units. 4 4 • i 4 i 4 • • • • 4 4 4 4 4 4 • 4 4 4 D t Most upper limb injuries occur in the wrists Most lower limb injuries occur in the ankles • 74% UPPER LIMB 26% LOWER LIMB :isugml Wearing a helmet is the best way to prevent a serious injury Most severe accidents involve a rotor vehicle. skate in appropriate pllaces. IIIF -141000 • • 4 i • • • • • • 1 XIXIX1X X 1 I I 11I L J of skateboarding related injuries happen to people with less than one week of experience. . Basketball injuries . average 224 per 1,000 . participants. 4 skating injuries average 20 per 1.000 participants. Sources: American Academy of Orthopedic Surgeons US Consumer Product Safety Commission SioMed Central Research Notes SHE SKATEPARK PROJECT,. 4 4 4 • • 4 4 • 4 4 4 4 4 4 i Location is Very Important Visible Location Is Critical The best location for the skatepark is: • One that is accessible, especially to the youth who won't yet be able to drive. • Around other public activity and not hidden away in some corner of a park or on the outskirts of town. There are few qualities as important for the success of the new skatepark as its location. Where it is located will determine how easy it is to get too, how many people will interact with it, how busy it will be, and what kind of things people might do when they are there. When a skatepark is put in a bad location, it can lead to poor behavior at the facility and reflect poorly on local skaters (even if they aren't responsible for problems). Once a site is chosen there needs to be strong reasoning to back up the chosen location of the skatepark. A lot of delays are due to disagreements on location. • Tony Hawk Foundation Police Study 2009 To examine the impact of public skateparks from the local law -enforcement perspective, the Tony Hawk Foundation surveyed law -enforcement officers in communities where THE has contributed to the construction of a public skatepark. Each municipality included in this survey has had its skatepark open at least one year. In total, 102 officers in 37 states, from Oregon to New Hampshire, were interviewed. • 90% (92) of the officers surveyed believed the skatepark is an asset to the community. A common response from officers throughout the country was that providing kids somewhere to go and be active is always a positive thing. One officer in Maine stated, "The skaters are very respectful, and the skatepark has cut down on the youth crime, especially vandalism and kids skating on the sidewalks. The park gives the kids something to do, especially the `at - risk' youth. " Some officers (15) found centralizing the local youth in one area beneficial for their department as well as the local parents. "The skatepark is great," stated an officer from Wisconsin. "With the kids congregated in one spot, we can keep a better eye on them." • Many officers reported the skatepark's location as a factor in whether or not they considered it a success. Some attributed their park's success too highly visible locations, and several agree placing their skateparks next to other recreational activities has kept the park more visible and accessible. s Design Important design considerations • A balance of both disciplines, Street and Park. Meaning there should be a bowl and a street section. This creates a good balance between both types of skaters. • Good flow so that when the skatepark is busy it is easy for everyone to skate without getting in each others way. • If the park location is decided to be on the riverfront, I think it's important to incorporate some of Stillwater's key landmarks into skate -able features. Design process • Get the local skaters involved via design meetups, allow them to give sketches and ideas etc. • I am willing to help with the design team and make sure Stillwater has the best park for everyone. r Final Concept FC030420 I March 4, 202G Design Place Holder Riverwalk Skatepark Jamestown, NY Jamestown, NY 14,000 Sq Ft grind Ii ne.cam i nfarm m grindii ne. com Medina, NY 9,000 Sq Ft 1 r 1 i Construction Must have experienced skatepark construction firm build skatepark. A local contractor may provide the lowest bid and think they can build it, however in actuality it takes years of experience to build concrete transitions at such extreme curves and angles. Reasons why construction is critical: • A well built skate park will be more successful in the long run. • Skaters will be able to feel poor construction while skating and will be discouraged from using the park. • Poor construction could also lead to more injuries. *No one should be building a skatepark for the first time on the communities dime. My Top 3 recommendations for Skatepark designers/builders are: 1. Grindline (Love their designs, and they are an affordable option. They build a lot of skateparks in Oregon/Washington area). 2. Evergreen Skateparks (Newer company but is good at incorporating flow and nature of skating into their parks). 3. CA ramp works (The most expensive of the 3. The official builders of the Olympic Skateparks). • Cost . • Recommended size is 10,000 square feet for every 25,000 residents. The skatepark should not be less than 6,000 square feet. The average price to design and build a skatepark ranges from $40-$60 per square foot. Most parks cost around $50 per square foot. 10000 x $50 = $500!000 • The maintenance each year should be limited to the cost of trash collection and occasional cleaning. Roughly $2,000 a year. N How are we going to make it happen? a The city/parks & recreations department are not alone. With the help of myself and the community we will be able to accomplish this goal! • Donations - Have clear places to donate online, by phone or email. • Set up a legal account to accept funds/donations exclusively for the Stillwater skatepark project. • Community engagement - Introduce project to get people excited - Start a Facebook page and/or Instagram to stay in touch and keep the community updated • Grant planning/writing Fundraising Models and Strategies • Applying for grants (Federal, local, and regional) - Does the city have a grants committee? - Minnesota Amateur sports commission does have a skatepark grant program. • IN -KIND Donations - Items donated to the project that someone else would be willing to donate cash for. - Construction IN -KIND donations material lists (concrete, rebar, equipment rental, fill dirt, grading) removes costs and saves money from overall project cost. • Connect with long standing local businesses - Local doctors, dentists, hospitals. - Cub foods, Stillwater motors, Andersen windows, Lakeview. - Sell ad space on skatepark sign, incorporate logos into skatepark designs. • Get the media involved to promote engagement and donations • Enlist the help of major organizations with consulting and grant opportunities - City of skate and The Skatepark Project (better known as the Tony Hawk Foundation) will be able to steer us in the right direction. I have already talked to both organizations about this project and have great relationships. They will be there for us! Short Term Goals 0 • Build a Core Group to help work toward these goals. • Establish regular meetings to keep the community involved and let them know we are here for them. We hear you, we see you, we are listening. • Connect with a Skatepark Design/Construction Firm (continue refining your plan, begin design process). • Make a fundraising plan. • The average skatepark takes about 3 years from start to finish. In the meantime can we provide anywhere for locals to skate that is not downtown by the bridge, for example, old hockey rinks, unused tennis courts? Somewhere that obstacles can be set up temporality. This will solve a lot of the issues between the City and the skaters. r Long Term Goals • Get the community a professionally built public skatepark. One that is accessible in location and designed for all ages, genders, and abilities • Encourage patience and positivity as this could take time to do properly! This will be US! In Conclusion • Skateboarding is the most universal sport, it does not discriminate, it does not hate. It goes beyond learning tricks themselves, there is so much it teaches us. I can't advocate enough how sincerely unique it is for every individual. • If done right I believe this will be one of the most used public areas. The city of Stillwater will not regret providing something so special to the community. • When I was growing up I wish there would have been a decent skatepark in Stillwater, would have been there almost everyday. I believe this is true for most of the local skaters. By doing this the city will be elevating and encouraging the next generation in such a positive way! 1 Additional Resources L -- Websites publicskateparkguide.org skatepark.org https://www. m nsports.org/skate-park-g rant/ http ://www. cityofskate. org/skateparks Links to informative important articles THE Police Study, full article https://pbIicskateparkguide.org/advocacy/thf-poIice-study/ Common issues and answers https://publicskateparkguide.org/advocacy/common-issues-and-answers/ Safety and Liability https://publicskateparkguide.org/advocacy/safety-and-IiabiIity/ The Skateboarding "Problem" https://publicskateparkguide.org/vision/the-skateboarding-problem/ Troublemaker to Community Catalyst https://publicskateparkguide.org/vision/troublemaker-to-community-catalyst/ Skateboarding FAQ https://publicskateparkguide.org/get-started/working-with-city-staff/city-council-and-parks/ My Contact Info a I am here to help, please reach out! Happy to be involved. Phone: (651)-285-5577 Email: hausenicole@gmail.com Website: nicolehause.com Washington County FYI BOARD AGENDA April 19, 2022 - 8:30 AM Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, Chair, District 4 Lisa Weik, District 5 Because of the continuing COVID-19 Pandemic first declared by the World Health Organization on March 11, 2020, some or all of the County Board members may participate in this meeting by telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person, or view/monitor the meeting electronically from a remote location via live webstream. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration(a,co.washington.mn.us, or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1. 8:30 Washington County Regional Railroad Authority - Lyssa Leitner, Public Works Planning Director (item 1D) A. Roll Call Pledge of Allegiance B. Elect Chair and Vice Chair for the Washington County Regional Railroad Authority for 2022. C. Approval of the Regional Railroad Authority minutes from December 14, 2021. D. Adopt a resolution to approve the use of grant funds for civil construction for METRO Gold Line under the proposed Letter of No Prejudice (LONP). E. Adjourn 2. 9:00 Roll Call 3. 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. 4. 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 April 5, 2022, County Board meeting minutes. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington • County Consent Calendar continued B. Approval to appoint Samuel Rosemark, to a partial term expiring June 30, 2022, as the District 2 Representative on the Family Homelessness Prevention Assistance Program Committee. C. Approval to appoint Timothy Brewington II, to a first term expiring December 31, 2023, as the Minority Representative on the Community Corrections Advisory Board. D. Adopt a resolution to amend the American Rescue Plan Act project plan. E. Adopt a resolution declaring the official intent of the county to reimburse certain expenditures for various capital improvement projects identified in the 2022-2026 Capital Improvement Plan from the proceeds of tax-exempt bonds to be issued by the county. F. 1. Approval to establish Capital Project Fund 459 and Debt Service Fund 359, for fiscal management pertaining to the 2023 General Obligation (GO) Bond Issuance for Capital Improvement Plan (CIP) projects: Western Service Center and Central Park Improvements. 2. Approval to establish Debt Service Fund 364 for the fiscal management pertaining to the General Obligation (GO) Bond Issuance of Land & Water Legacy Program (L&WL). G. Adopt a resolution recognizing Crime Victims' Rights Week, April 24 - 30, 2022. H. Approve the tentative agreement for 2022 - 2023 Collective Bargaining Agreements with the Minnesota Public Employees Association (MNPEA) Correctional Officer/Public Safety Telecommunicator Unit (Essential Unit). I. Approve the tentative agreement for 2022 - 2023 Collective Bargaining Agreements with the Minnesota Public Employees Association (MNPEA) Correctional Officer Sergeant/Public Safety Telecommunicator Supervisor Unit (Essential Unit). J. Approve the tentative agreement for 2022 - 2023 Collective Bargaining Agreements with the LELS Local 214 Deputy Sheriff Unit (Essential Unit). K. Approval of an application for an Off -Sale Liquor License for Holiday Stationstores, LLC located in Denmark Township. L. Approval of Amendment No. 1 to Contract No. 13387 with Pulse Electrical, from $99,000 to $160,000. M. Approval of Contract No. 14709 with Mid -America Business Systems & Equipment, Inc. not to exceed the amount of $160,000 to supply and install evidence lockers and mobile evidence storage units in the Law Enforcement Center Evidence area. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington • County 5. 9:10 Public Hearing - Administration - Jennifer Wagenius, Deputy County Administrator A. Conduct a public hearing on options for redistricting of county commissioner and county soil and water conservation districts. 6. 10:25 Public Works - Lyssa Leitner, Public Works Planning Director (item 6A) - Andrew Giesen, Public Works Engineer (item 6B) - Gerritt Bangma, Public Works Construction Engineer (item 6C) - Joe Welter, Building Services Project Manager (item 6D) 10:25 A. 1. Adopt a resolution to approve the use of grant funds for civil construction for METRO Gold Line under the proposed Letter of No Prejudice (LONP). 2. Adopt a resolution for an updated METRO Gold Line funding commitment. 10:40 B. Award the bid to and authorize execution of Contract No. 14693 in the amount of $1,233,363.03 with Meyer Contracting Inc. for the Lake Elmo Park Reserve, Central Greenway Regional Trail, Pavement Improvement Project. 10:55 C. 1. Approval of Change Order No. 3 in the amount of $30,071.24 with Dresel Contracting, Inc. for the County State Aid Highway (CSAH) 15 Culvert Replacement Project. 2. Approval of Change Order No. 4 in the amount of $28,431.30 with Dresel Contracting, Inc. for the County State Aid Highway (CSAH) 15 Culvert Replacement Project. 3. Approval of Change Order No. 6 in the amount of $5,235.38 with Dresel Contracting, Inc. for the County State Aid Highway (CSAH) 15 Culvert Replacement Project. 11:10 D. Approval of Contract No. 14734 with KFI Engineers in the amount of $425,060 for Design Services on the Stillwater Campus Heating and Cooling Upgrade Project. 7. 11:25 General Administration - Dave Brummel, Public Health & Environment Director (item 7A) - Jan Lucke, Deputy County Administrator (item 7B) A. COVID-19 Update B. Legislative Update Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington "• County 8. 11:45 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. Board Correspondence 10. 12:00 Break 11. 12:15 Executive (Closed) Session - Public Works - Greg Wood, Building Services Director A. Executive (closed) session pursuant to Minn. Stat. 13D.05 subd. 3( c ) to review the appraisal of the property located at PID 08.028.21.23.0012 in regards to the potential purchase of land for the construction of the Washington County Western Service Center. 12. 12:50 Executive (Closed) Session - Administration - June Mathiowetz, Senior Planner A. Executive (closed) session pursuant to Minn. Stat. § 13D.05 subd. 3(c) to review the appraisal for the property located at PID 13.031.21.11.0002, in regards to the potential purchase of a Conservation Easement in Keystone Woods. 13. 1:25 Adjourn 14. 1:30 Personnel Committee 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 g Washin ton County News Release Our Mission: Providing quality services through responsible leadership, innovation and the cooperation of dedicated people Date: April 12, 2022 Contact: Yvonne Klinnert, Public Information Manager Phone: 651-430-6026, after hours 952-807-3723 E-mail: yvonne.klinnert@co.washington.mn.us County Board will conduct public hearing April 19 to consider redistricting plans The Washington County Board of Commissioners will conduct a public hearing April 19 at the county Government Center to consider preliminary plans for redistricting Washington County Commissioner Districts and the Washington County Soil and Water Conservation Districts. The board will also meet at 9 a.m. on Tuesday, April 26, to adopt the new local government election districts. The public hearing will be conducted during the board's regular meeting at 9 a.m. at the Government Center, 14949 N. 62nd St., Stillwater, in the Board Room. Residents also have the opportunity to leave comments on the county's website by seeing www.co.washington.mn.us and searching "redistricting." Several redistricting map options, summary data about the maps, various community of interest maps, and a response form to provide input are all available on the web page. By law, the districts must be set by April 26. The commissioner districts will be used for the 2022 election. For more information, see the county website at www.co.washington.mn.us and search "redistricting." A great place to live, work and play...today and tomorrow Government Center • 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6001 • Fax: 651-430-6017 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity Washington -....--County BOARD BOARD WORKSHOPS April 12, 2022 - 9:00 AM Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, Chair, District 4 Lisa Weik, District 5 Because of the continuing COVID-19 Pandemic first declared by the World Health Organization on March 11, 2020, some or all of the County Board members may participate in this meeting by telephone or other electronic means and the Board Workshop meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board Workshop meeting will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration@co.washington.mn.us, or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the Board Workshop meeting, will be provided to each county commissioner. 1. 9:00 Board Workshop with Public Health & Environment - Tom Dietrich, Planner II A. Discussion of the potential organizational structures available to the Lower St. Croix One Watershed One Plan. 2. 10:00 Board Workshops with Administration - Jennifer Wagenius, Deputy County Administrator (item A) - Holly Hess, Administrative Assistant (item B) A. Review options for redistricting of county commissioner and county soil and water conservation districts. B. Boards and Commissions Review * Please note: No official county business or votes will take place during Workshop Only meetings. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer