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2022-06-07 CC Agenda Packet
Zoom Meeting Participant ID: 458718 X Beth Wolf Cam Murray Cam Murray Click to join audio Join Audio Start Video i1hvate TIME BO R.TN PLACE Of YNNN•ES O•hAl \. Mike Lyner City Hall present... IT Alert City Hall presentations Tim Gladhill Security Type here to search Share Screen Pause/Stop Recording Reactions More 0 h Leave Participants (7) D-host, me, participant ID: 458718) C IT Alerts (Host) co Stillwater AV 0 Di CM Cam Murray LEMike Lyner ® City Hall presentations Tim Gladhill Invite Mute All 7:43 PM 6/7/2022 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 June 7, 2022 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Cameras in City Parking Ramp Discussion 2. Communication Plan 3. Communication Tools 4. Cannabis and CBD Ordinance Discussion IV. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator 9. IT Manager 10. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 11. Certificates of Appreciation – Adam Fleischhacker 12. Stillwater Police Department Citizen Award – Tom O’Malley 13. Proclamation – Acknowledging Juneteenth Day X. OPEN FORUM – open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. 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. 14. May 17, 2022 Closed Session and Regular Meeting Minutes 15. Payment of Bills 16. 2022 Street Improvement Project Saw Cutting Contract 17. Alcohol in City Parks – Ordinance 2nd Reading Page 2 of 2 City Council Meeting Agenda June 7, 2022 18. Curve Crest Boulevard Seal Coat Project Agreement 19. Engineering Services Contract for Water Tower Repair Project 20. Event Contract for Bridge the Valley Bike Rally and Temporary Liquor License Event Contract for Summer Tuesdays – moved to new business 21. Event Contract for Zephyr Theatre’s Broadway by the Bridge and Temporary Liquor License 22. Hydrant Painting Contract for 2022 23. Liquor License Trade Name Change for O’Brien Wine and Spirits – Resolution 24. LMCIT Liability Coverage Waiver Form 25. Metropolitan Council Clean Water Fund Grant Agreement 26. Olive Street Well House Electronic Transfer Switch Project Contract 27. Roll-off Hauler License for Lightning Disposal, Inc. 28. St. Croix Valley Recreation Center Reservation Software SAAS Agreement 29. State Performance Measurement Program – Resolution 30. Street Crack Sealing Program 2022 Agreement 31. Washington County 2022 Municipal Recycling Grant Agreement 32. Well House Buildings Repair Contract 33. Zoning Text Amendment Regarding Swimming Pool Locations – Ordinance 2nd Reading XII. PUBLIC HEARINGS – None XIII. UNFINISHED BUSINESS 34. Chestnut Street Plaza Cooperative Construction Contract & Award Project Bid – Resolution 35. Millbrook Development Permanent Trail Easement XIV. NEW BUSINESS 36. 807 Harriet Street South Easement Encroachment Agreement 37. Lumberjack Days and 5K/10K Event Contract and Temporary Liquor License – Resolution 38. Zephyr Theatre Outdoor Concerts and Amendment to Liquor License for Temporary Premise Extension – Resolution 39. Fee Schedule Amendment for Park Reservations – Resolution 40. Fencing Consortium Joint Powers Agreement – Resolution 41. Liquor Licensing Ordinance Amendment – Ordinance 1st Reading 42. Short Term Home Rental License Amendments – Ordinance 1st Reading 43. Event Contract for Summer Tuesdays and Request for Fee Waiver XV. COUNCIL REQUEST ITEMS 44. Organ Donate Life Update 45. League of Minnesota Cities Board of Directors XVI. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS A&K Construction City Hall Repairs 35,210.00 Ace Hardware Supplies 1,100.86 Adam's Pest Control Park Restrooms 398.00 Advance Auto Parts Battery 370.67 All American Arena Products Paint 920.00 AMI Consulting Engineers PA Riverbank Stabilization 16,652.50 AT&T Mobility 8509 Cell Phone 33.67 AT&T POS Cell phone tracking 95.00 Backgroundchecks.com Back ground checks 260.55 BCA Training Training 350.00 Bell Excavating Gate valve replacement 6,600.00 BHE Community Solar Solar Energy 4,342.99 Brightly Software Asset Essentials 1,615.00 CDW Government Inc. Computer equipment 3,770.61 Century Link Telephone 505.03 Certified Crime Fighter Subscription 1,584.00 Cintas Corporation Uniforms 619.48 City of Maplewood East Metro Training Facility 1,350.00 Clog Un-Boggler Inc. Unclog toilet 150.00 Cole Papers Tissue & towels 215.45 Core & Main Hydrant oil 226.70 Corval Constructors Equipment repair 772.21 County Materials Corporation Materials 2,775.00 Cub Foods Party tray muffins and fruit 116.66 Curb Masters Inc. Concrete pavement 10,501.00 Dalco Floor scrubber & supplies 15,722.60 Dell Marketing L.P. Desktop replacements 4,305.70 ECM Publishers Publications 104.50 EH Renner & Sons Well 9 repairs 36,917.52 Emergency Apparatus Maintenance Vehicle repair charges 10,469.09 Emergency Automotive Strobe 172.26 Ferguson Waterworks #2518 Driveway Covers 1,510.80 Force America 5MB Flat Data Plan 140.00 Foxit Software Inc FoxIt 931.09 Gertens Wholesale Downtown flowers 1,120.50 Golden Expert Services Janitor Service 4,000.00 Goodyear Commercial Tire Equipment repair 1,487.44 Gopher State One Call Inc. Locates 567.00 Grainger Roof hatch fall protection 2,244.30 Granicus Inc Qtrly web streaming service 2,123.31 Group Medicareblue RX Retiree Prescriptions Ins 9,646.00 Guardian Supply Uniforms 399.97 Hawkins Inc Chemical fittings 1,329.56 Heritage Printing Inc. Printing services 3,271.95 Holiday Companies Vehicle washes 25.00 Holiday Credit Office Fuel 81.19 Page 2 Huebsch Service Mat cleaning service 672.14 IState Truck Center Equipment repair supplies 376.07 ITL Patch Co Inc Chevrons 277.50 Junker Brad Reimburse for expenses 67.98 Keys Well Drilling Company Well 6 31,573.50 Kirvida Fire Inc. Vehicle repair 6,476.32 Kraft Mechanical Pioneer Park exhaust fan repair 342.00 Lakeview Hospital Legal blood draws 50.00 Lawson Products Fleet repair supplies 248.99 League of MN Cities Harassment prevention 10.00 LegalShield Data Breach Recovery 77.70 Lemoine Chyrisse Reimburse for lunch for reserves 69.83 LeVander Gillen Miller PA Professional Service 17,534.61 Linde Gas & Equipment Cylinders 60.29 Lindstrom Solar LLC Solar Energy 5,336.92 Loffler Companies Telephony labor 1,711.25 Lynn Peavy Company Supplies 420.95 MacQueen Equipment Inc. Display unit 2,842.05 Mansfield Oil Company Fuel 13,750.65 Marshall Electric Company Power pole at Boutwell & Maryknoll 175.00 Martin-McAllister Consulting Personnel evaluation 3,900.00 MCFOA Membership Beth Dawn Jenna 150.00 Melstrom Jeff Reimburse for work boots 200.00 Menards Supplies 2,073.30 Metropolitan Council Monthly SAC 4,920.30 MidAmerica Inc Waste processing 922.55 Midwest Machinery Co Equipment repair supplies 191.60 Miller Excavating Class 5 260.43 Minnesota Paving & Materials Asphalt 1,684.36 MN Dept of Health Hospitality Fee 40.00 MN Ice Arena Mgr Assoc Spring workshop 150.00 Mueller Brian Reimburse for conference lodging 466.65 My Alarm Center Alarm Monitoring 5.25 Northern Salt Calcium chloride 1,192.00 Office Depot Office supplies 197.80 O'Neill Electric Power for new lighting 12,847.36 Overhead Door Co Glass doors 1,275.00 Performance Plus LLC Drug screen 180.00 Pioneer Press St. Paul Publication 57.34 Plant & Flanged Equipment Equipment repair supplies 963.30 Pomps Tire Service Inc. Tires 2,836.80 Pro-Tec Design Equipment repair 5,646.61 Quadient Leasing Postage machine lease 455.01 Quill Corporation Office supplies 335.61 Riedell Shoes Inc. Skates 376.03 Ries Farms LLC Dirt fill disposal 788.72 River Valley Printing Inc. Business cards 98.00 Robole Donna Reimburse for expenses 467.85 Page 3 Safe Fast Inc Marking flags 432.25 Schmid Jenna Reimburse for MMCI conference expenses 741.16 Sentry Systems Inc. Alarm monitoring 140.85 Sherwin Williams Striping 102.02 SHI International Corp Subscription Email Protection 4,010.00 Simplifile LC Filing fee 50.25 Stillwater Motor Company Vehicle repair charges 868.23 Telemetry and Process Controls Annual Log-Me-In 299.00 TKDA Chestnut St Civic Plaza 3,713.30 Toll Gas and Welding Supply Cylinders 48.11 Tri-State Bobcat Equipment repair supplies 872.26 Tru Green Lawn service 126.00 Turnout Rental LLC Turnout rental extension 180.00 Valley Canvas Repair banners 312.00 Verizon Wireless Wireless Service 3,336.14 Vinco Inc Repair underground lighting circuits 4,650.00 Walmart Community Supplies 504.66 Washington County Recorder Annual Assessment Fees 135,713.71 Waste Management 30 yd Rolloff 216 5th St N 2,327.23 Water Conservation Services Inc Water Leak Detection 830.20 Wolf Beth Reimburse for IIMC conference hotel & meals 1,072.91 Wruck Sewer & Portable Rental Rental 73.00 WSB & Associates Inc. MS4 Services 822.75 Xcel Energy Energy 48,932.34 York International Corp Material 1,212.26 Zarnoth Brush Works Inc. Gutter brooms 3,020.00 Ziegler Inc. Equipment repair supplies 280.00 LIBRARY 16 Wins Website Maintenance 380.00 Ace Hardware Janitorial Supplies 44.74 Amazon Business Supplies 810.96 American Library Association PLA Benchmark Subscription 400.00 Baker and Taylor Programs 22.22 Brodart Co Materials 4,801.48 Calyx Design Group 4th St Lawn 4,350.00 Card Source Library Cards 662.91 Chan Karen Programs 700.00 Cole Papers Custodial Supplies 188.42 Comcast Internet - May 188.10 Dalco Cleaning Supplies 795.26 Huebsch Service Towels & Rugs 128.07 Jacobsen Aurora Staff Reimbursement 170.00 Menards Janitorial Supplies 35.44 Midwest Tape Materials 751.50 Mobile Beacon Hotspots (SPLF)1,320.00 Office of MN IT Services Phone - April 148.35 Page 4 Otis Elevator Company Maint Agreement 618.06 Paper Roll Products Custodial Supplies 173.88 Petrie Angela Staff Reimbursement 254.61 Pioneer Press St. Paul Materials - Newspaper 705.00 Scholastic Inc Programs 1,013.20 Shasken Stephan Programs 350.00 Stillwater Printing Co. Programs 895.00 REFUNDS Cassavante Michelle Park Fee Refund 175.00 Hase Christy Park Fee Refund 45.00 Knickel Traci Park Fee Refund 50.00 Melander Bobbie Park Fee Refund 135.00 Micron Mechanical Refund of cancelled contractor license 100.00 Patterson Taylor Park Fee Refund 50.00 Torseth Peter Park Fee Refund 85.00 Two Bold Guys LLC Refund cancelled permit for plan review 413.70 Vinar Benioff Kristin Park Fee Refund 50.00 ADDENDUM BlueCross BlueShield Group Medicare Retiree Insurance 13,576.00 McGath James Reimburse for work boots 200.00 RJR Studio Art 150.00 Simplifile Filing Fee 50.25 Vinco Andiamo electric relocate 29,550.00 Voyant Telephone 535.12 Washington County Property Records 2022 Special Asmt Billing 5,694.00 Waste Management Trash 216 5th St N 547.20 TOTAL 597,844.88 Adopted by the Stillwater City Council this 7th day of June, 2022 Mayor Ted Kozlowski DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Updated Event Items BACKGROUND Please find attached revised contracts for the Zephyr Theatre Broadway by the Bridge Event and Bridge the Valley Bike Rally Event. These are newer events that started last year. They have applied for Temporary Liquor Licenses therefore their contracts need to include alcohol sales language. 2022 BROADWAY BY THE BRIDGE EVENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made this 7th day of June, 2022 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the ZEPHYR THEATRE, a Minnesota nonprofit corporation (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes that the City will permit The Zephyr Theatre to organize and conduct performances at Lowell Park, in July 2022 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Festival agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City’s park. 2. Event/Alcohol. Alcohol will be served during this event within the fenced event area. 2. Event/Alcohol. Approval is subject to the Organizer applying for and being gra nted a Temporary Liquor License and Consumption Permit as allowed by the Stillwa ter City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Event. The event will have a alcohol sales on July 21st - 24th, 25th and 27th - 28th from 6 pm to 10 pm a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing/Demarking of Venue. The Venue Area must be demarked by the Organization. The demarked area must be adequate to insure that alcohol sales and consumption remain inside the venue area. A breach of the venue area is grounds for the Police Chief to terminate all alcohol sales in the area. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, the Organizer shall increase the paid private security and/or increase the Stillwater Police presence to ensure that the alcohol stays with the venue area. The Police Chief will determine the increase in the Stillwater Police Department presence. A paid professional security guard/police personnel must be in place to insure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. f. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. g. Compliance. The Organization shall obtain a temporary liquor license with respective fees paid to the City. Prior to opening date of the Event, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under-age consumer, sales after hours, over-serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by REVISED a professional recognized in the area of alcohol awareness before the opening date of the Event. h. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43, which authorizes that all premises from which intoxicating Liquor is offered at on-sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. i. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event. j. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the event area. 3. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 4. Dates and Hours of Event. Operations are limited as follows: July 18-21 Setup and Rehearsals: 8 a.m. to 10 p.m. July 21, 22, 23, 24, 25, 27, 28 Event Dates: 6 p.m. to 10 p.m. July 29 Clean up: 8 a.m. to 10 p.m. 5. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 6. Use of Parking Lots. The Organizer agrees to pay the City for the use of a parking lot according to the parking space fees designated by the City Council, if needed. Use of City Parking Lots in the event of flooding. The City prefers the Association to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. 7. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 8. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 9. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Portable Restrooms and Handwashing Stations. The Organization must furnish portable restrooms, with hand sanitizing to facilitate expected crowds deemed necessary to protect public health. The number of portapotties and handwashing stations required is determined by the Public Works Superintendent. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the day following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, on the day following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 13. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 15. The Organizer hereby agrees to follow the City’s Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER ______________________________________________ Ted Kozlowski, Its Mayor Attest: ______________________________________________ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2022, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. Notary Public ZEPHYR THEATRE _________________________________ Calyssa Hall, Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2022, by Calyssa Hall its Executive Director of the Zephyr Theatre. Notary Public 2022 BRIDGE THE VALLEY BIKE RALLY EVENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made this 7th day of June, 2022 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the STILLWATER SUNRISE ROTARY CLUB, a Minnesota nonprofit corporation (the “Organizer”). WHEREAS, in light of the foregoing, the Organizer wishes that the City will permit The Stillwater Sunrise Rotary Club to organize and conduct a bike rally at Lowell Park and Trails, in August 2022 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Bike Rally agree as follows: 1. Security Deposit: A damage deposit of $1,000.00 is required in case there is damage to irrigation systems and the City’s park. 2. Event/Alcohol. Alcohol will be served during this event within the fenced event area. 2. Event/Alcohol. Approval is subject to the Organizer applying for and being granted a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Event. The event will have a alcohol sales on August 14th from 10 am to 3 pm. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing/Demarking of Venue. The Venue Area must be demarked by the Organization. The demarked area must be adequate to insure that alcohol sales and consumption remain inside the venue area. A breach of the venue area is grounds for the Police Chief to terminate all alcohol sales in the area. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, the Organizer shall increase the paid private security and/or increase the Stillwater Police presence to ensure that the alcohol stays with the venue area. The Police Chief will determine the increase in the Stillwater Police Department presence. A paid professional security guard/police personnel must be in place to insure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. f. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. g. Compliance. The Organization shall obtain a temporary liquor license with respective fees paid to the City. Prior to opening date of the Event, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under-age consumer, sales after hours, over-serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including REVISED instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. h. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43, which authorizes that all premises from which intoxicating Liquor is offered at on-sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. i. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event. j. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the event area. 3. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 4. Dates and Hours of Event. Operations are limited as follows: August 13, 2022 Set up: 8 a.m. to 5 p.m. August 14, 2022 Event Date: 6 a.m. to 3 p.m. August 15, 2022 Event Date: 3 p.m. to 7 p.m. 5. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 6. Use of Parking Lots. The Organizer agrees to pay the City for the use of a parking lots 5, 4 (or 9) according to the current Fee Schedule as designated by the City Council, if needed. Use of City Parking Lots in the event of flooding. The City prefers the association to stage the majority of the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. The use of public parking lots 5 and 4 (or 9, if Lot 4 is unavailable) are approved to accommodate all event activities. 7. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 8. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 9. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Portable Restrooms and Handwashing Stations. The Organization must furnish portable restrooms, with hand sanitizing to facilitate expected crowds deemed necessary to protect public health. The number of portapotties and handwashing stations required is determined by the Public Works Superintendent. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets on the day following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, on the day following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. c. The Organizer agrees to provide hand washing stations as needed to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, Washington County Sheriff, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the event). 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 16. The Organizer hereby agrees to follow the City’s Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER ______________________________________________ Ted Kozlowski, Its Mayor Attest: ______________________________________________ Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2022, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. Notary Public STILLWATER SUNRISE ROTARY CLUB _________________________________ Rick Heidick, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2022, by Rick Heidick its President of the Stillwater Sunrise Rotary Club. Notary Public DATE: March 31, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Millbrook Development Permanent Trail Easement Please find attached “Exhibit A” for the Millbrook Development Permanent Trail Easement that was inadvertendly missed from the packet on Friday. A-1 EXHIBIT A DEPICTION OF SPUR TRAILS AND IMPROVEMENTS DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Lumberjack Days Event Permit Application BACKGROUND The Locals have submitted their application for Lumberjack Days to occur July 15th – July 17th. There is a setup day scheduled for July 14th and a clean up day on July 18th. The Events Contract for Lumberjack Days has been updated by the City Attorney. While most changes are formatting and streamlining language the notable differences from 2019 (pre-COVID) are below: 1)Payment of City Costs – requires the deposit amount to be received three weeks prior to the event (consistent with the revised Event Policy and removal of Public Safety costs). 2)Helicopter Ride Event – this provision was removed from the contract as it is not recommended by the Police or Fire Chief. 3)Handicap Parking – the provision is removed and City Staff will be designating spaces. 4)Fencing – this provision has been removed as with the policy changes regarding alcohol consumption in City Parks. The area is all of Lowell Park. 5)Hold Harmless and Indemnification section has been added to the contract. 6)A General Conditions Section regarding assignment, waiver, Governing Law, Severability, and Data Practices has been added. Attachments: Application, Site Plan and Parade Route Resolution and Contract ACTION REQUESTED A motion to approve the attached Resolution approving the contract and Temporary Liquor License with the Locals for the Lumberjack Days Event. er TN£ IIIT"P~ACE Of MINNESOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@cl.stillwater.mn.us Office Use Only Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. 5/20/2022 Date Application Received ------ Date of Application:-------------Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Lumberjack Days 7/14/2022 8:00AM 10:00PM Event Date/Time: Set up: Date Time to 7/15-7/17 2022 8:00AM 11:00PM Actual Event: Date Time to 7/18 9:00AM 12:00PM Clean up: Date Time to (Events after 10:00 p.m. require a variance from City Council Location (Address) of Event: North Lowell Park (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific -this information will be used to promote the event on the City of Stillwater website) Lumberjack Days Celebrations have been, and still are, a part of the history of Stillwater and of the area. Stillwater's annual community festival began as a salute to our city's heritage in 1934. More than 80 years later, Lumberjack Days has become as much a part of Stillwater's past as the tall pines and pioneers that started it all. And, each year a new chapter is added. Our mission is to provide an engaging and educational event that welcomes families and community members to the birthplace of Minnesota to enjoy and learn about the cultural heritage, historical charm and local talent of our beloved river town. Festival will have family events and activities. Lumberjack show and music, food and vendors. Estimated Attendance (participants and spectators): 30,000 over 3 days Applicant Information (Person/Group Responsible) Sponsoring Organization Name: The Locals Mailing Address: PO Box 304 City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Michael Sobieski Phone Number: 651-335-7449 Fax: Cell Phone: Email Address: michael.thelocals@gmail.com Website Address: www.lumberjackdays.com Name of contact person during event: Brad Glynn Cell Phone: 651-303-1657 Alternate contact during event: Michael Sobieski Cell Phone: 651-335-7449 Refer media or citizens inquires to: Brad Glynn Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes !&I Number and size: Will there be any inflatables? No D Yes ~ Insurance certificate from rental vendor is required Will there be entertainment? No D Yes !&I What type: Music Fees for electricity may apply see Instructions Will sound amplification be used? No D Yes l&I Hours and Type: 10:00AM-11 :OOPM Will a stage or tent(s) be set up? No D Yes I&] Dimensions: Will there be temporary fencing? No I&] Yes D Will merchandise/food items be sold? No D Yes [gJ How many 30 Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No D Yes l&I Contact Washington County Health Deportment, 651-430-6655 Will cooking operations be conducted? No D Yes I&] Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No I&] Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No D Yes ~ See Alcohol Regulations in the Instructions Will there be a fireworks display? No I&! Yes D Permit required, contact Stillwater Fire Deportment, 651-351-4950 Describe power needs and location of power source. Will need power panels at Lots 4,5,9 and the Ampitheatre Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Social Media, website, lawn signs City Services (After reviewing the event application, City services may be requrled for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way D ~ Start/End Time: City determined Date: No Yes City Sidewalks or Trails No ~ Yes D Start/End Time: Date: Public Parking Lots or Spaces No D Yes ~ Start/End Time: Date: 5/14-5/17 Will event need barricade(s)? No igJ Yes D Number needed: Fees may apply see Instructions Will extra picnic tables be needed? No D Yes ~ Number needed: 10 Fees may apply see Instructions Will portable restrooms be needed? No D Yes D Number needed: Fees may apply see Instructions Will extra trash receptacles be needed? No !&I Yes D Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Contracted with Maroneys for extra trash/recycle containers and to empty city containers in North Lowell Park. Will event need traffic control? No D Yes l8l Contact Stillwater Police Department for assistance, 651 ·351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: City has copy of our safety plan. Will "No Parking Signs" be needed? No D Yes 18] b d d City detemines Fees may apply see Instructions Num er nee e : Show location(s) on site map Will event need security? No D Yes ~ If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: SSI, Mark (Sam) Ehlenz 651-248-4013 Will event need EMS services? No l8l Yes D Contact Lakeview EMS, 651·430.4621 Describe plans to provide first aid, if needed: Command tent will have medical supplies and there will be several nurses on location. Describe the emergency action plan if severe weather should arise: See Safety Plan. List any other pertinent information: The alcohol license needs to include hard liquor as we will be selling premade mixed drinks as well as beer and wine. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the info ation provid i his application. I realize my submittal of this application request constitutes a contract between myself and the City ate an is rpas of Lia 'fity . ..... Date · \ 2022 Stillwater \ ~July 14-15-16-17 ) \ _..., \ I \ __ __ ----· ·-- Down Hill Derby Route (Friday Only) Legend i Information Booth Power $' , : : ATM '.' Fire hydrant -LightTower All Ages Activity; typically daytime. ~ Road Closure (Class Ill) ·,--· Road Barricade (vehicles) Q Jerry's Lemonade \ •Publk Safety to plan ex- act street dolUre, barrier type, and pb,cement I I I I \ : \.--1 -----··~ ---:;-\ ,, --~ - �-��Lake 64 L La .. ., Start - t V') RCH ILL t V') ST. J;. • +-tr-V') II� •Parade Route •Assembly Area -Parade Begins at 1 pm -Distance is 1.5 miles Sunday, July 21, 2019 . V> V, City of Stillwater Washington County, Minnesota RESOLUTION NO. 2022-____ A RESOLUTION APPROVING 2022 LUMBERJACK DAYS SPECIAL EVENT CONTRACT AND TEMPORARY LIQUOR LICENSE WHEREAS, The Locals, Inc. desires to hold a Special Event for Lumberjack Days; and WHEREAS, The Locals, Inc. has submitted its required information to the City to hold the Special Event. NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2022 Lumberjack Days Special Event Contract and temporary liquor license, between The Locals, Inc. and the City of Stillwater is hereby approved, subject to coordination of the event with the City’s police, fire, and public works as needed to meet City’s requirements and conditions, and approvals from other governmental agencies and entities as required. The Mayor and City Clerk are hereby authorized to sign the contract. Adopted by the Stillwater City Council this 7th day of June 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk 2022 STILLWATER LUMBERJACK DAYS SPECIAL EVENT CONTRACT This Agreement (“Agreement”) dated June 5, 2022 is by and between the City of Stillwater, a Minnesota municipal corporation (“City”), and The Locals, Inc., (“Locals”) a Minnesota non–profit corporation. Whereas, the City has encouraged community wide celebrations in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the public welfare of the City; and Whereas, the Stillwater Lumberjack Days Celebration (“Lumberjack Days”) has typically been held during July of each year as determined between the Locals and the City; and Whereas, in return for the exclusive use of the City Parks as identified on the approved Event Maps, the Locals hereby agrees to the terms of this Agreement. Now therefore, for mutual consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Dates of Lumberjack Days. The Lumberjack Days will be conducted on the following dates: Setup: Thursday, July 14, 2022 – 8 a.m. to 10 p.m. Event: Friday, July 15, 2022; Saturday, July 16, 2022 8 a.m. to 11:15 p.m.; Sunday, July 17, 2022 8 a.m. to 10 p.m. Cleanup: Monday, July 18, 2022 – 9 a.m. to 12 p.m. 2. Term of Agreement and Termination. This Agreement will remain in effect for a period of one (1) year from the date of its execution. In the event that a determination is made by the City Council, based upon the advice of the Police Chief that Lumberjack Days is a threat to the health, safety or welfare of the community, the City Council reserves the right to terminate this Agreement. 3. Contact Information: a. The Locals. The Locals must appoint an individual to represent their organization in dealing with the City regarding Lumberjack Days who is given the necessary authority to bind the organization to agreements made with the City, to receive notice of any kind including routine or emergency notices that when received by the individual will be considered given to the Locals. The notice may be given by email, in person, by telephone or by U.S. Mail. b. The City. The primary contact for the City will be the City Administrator or designee. The Locals pledges to work with the City Administrator regarding event planning and the fulfillment of the conditions contained in this Agreement. 3 4. Event Map. The Locals must prepare an overall event map for Lumberjack Days that depicts the location of all events and activities, any fencing, vendors, exits and any areas with the City, such as parks or parking lots that are proposed for use by the Locals for Lumberjack Days and related use. 5. Background Investigations. The Locals or any managers hired by the Locals for purposes of planning or conducting Lumberjack Days must consent to and allow the City to conduct criminal background investigations. 6. Security Officers. The Locals will provide, at no cost to the City privately paid, professional, uniformed security officers equipped with radios or other communication devices. All security officers will be suitably identifiable. The number and deployment of the Security force must be approved in writing by the Stillwater Police Chief. 7. Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must remain open to the public and unobstructed during the Celebration unless approved by the City Administrator. 8. Damage Deposit. The Locals will pay a damage deposit of $1,000. The damage deposit will be refunded no later than 30 days after event, in whole or in part, if not needed to repair damage, as determined by the Public Works Director. The Locals must restore and repair any areas of damage to public areas and infrastructure, including but not limited to the public park(s), trails or parking lots used for Lumberjack Days that are damaged by vehicles, vendors or attendees or for cleanup costs for areas not cleaned up to the City’s satisfaction. City Staff will do a walk-through of the venue with the Locals and identify and document any damage before Lumberjack Days. Both parties will walk the same areas after Lumberjack Days to determine new damage. Any damaged not restored or repaired by the Locals will be repaired by the City and reimbursed by the Locals. If the damage deposit is not sufficient to cover the City’s costs, the Locals shall be responsible for any shortfall. On the day following the close of Lumberjack Days, weather permitting, the Locals will clean Lowell Park and other areas that have been impacted by Lumberjack Days. The Locals is responsible for all costs incurred for the clean-up of areas neglected by the Locals. The City will run Street Sweepers after the event at no cost to the Locals. 9. Ticket Sales. In order to defray costs associated with Lumberjack Days, the Locals is authorized to establish and implement a park access fee or access ticket charge for Friday and Saturday evenings for the events. No charge will be made or ticket required for members of the Locals work force, public safety personnel, or to other persons not considered members of the general public, nor will any charge be made for the daytime shows or events or for access to the area south of the Stillwater Lift Bridge. 10. Race and Parade Management. The Locals must submit and have approved a Management Plan for any races or parades proposed to be held during Lumberjack Days. The Plan must describe the start and finish lines and the 4 proposed route and parking control, traffic control, barricade placement and street closure, water stop(s) and first aid station(s), an emergency plan, portable toilets, trash collection and pickup, and a schedule for any required provision of City services including Police, Fire, Public Works and electricity and water/services. 11. Liquor Control. a. Local and State Licensing. The Locals has been granted conceptual authority to dispense intoxicating liquor at the Lumberjack Days. This approval is subject to approval of a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All licenses must be approved and proof of liquor liability insurance coverage must be submitted to the City Clerk. This Agreement will set forth the terms and conditions that will control the dispensing of alcohol at Lumberjack Days. b. The Area. The Locals shall provide the City an overall site map showing the area(s) where serving alcohol is proposed. The City shall have sole authority to approve or modify the locations for liquor service (“Area”). c. Exits. All Entry/Exit gates to the Area must be controlled by security personnel while alcohol is being served. At each of these entry/exit points, a security guard must be in place to ensure that no personal alcohol enters or leaves the Area. d. Signage. Signage will be prominently displayed at each entry/exit point to notify guests that no alcohol will be allowed to be brought into the Area or brought out of the Area. e. Identification Bracelets. The The Locals will provide at no charge alcohol identification bracelets at location(s) as required by City Staff. The Locals will be responsible for the issuance of bracelets and ensuring that the bracelets are given only to those who are legally entitled to consume alcohol. f. No Other Alcohol or Coolers. No alcohol is allowed in the Area except for alcohol that is sold by the Locals. The Locals is responsible to see that no other alcohol is brought into the Area. Bottles, containers or coolers brought into the Area, are subject to search. g. Compliance Program. The Locals must train all alcohol servers with regard to alcohol awareness and underage consumption before the Lumberjack Days. h. Compliance Inspection. The Locals acknowledges that as a liquor license holder for Lumberjack Days, it is subject to Stillwater City Code §43-66. i. Hours of Operation. Alcohol sales will cease 15 minutes before the last band finishes playing each evening of Lumberjack Days, but in no event 5 later than: Friday, 11:00 p.m.; Saturday, 11:00 p.m.; and Sunday, 9:45 p.m. 12. Insurance. The Locals must provide to the City satisfactory proof that it has obtained commercial general liability insurance that names the City as an additional insured, as loss payees, in an amount of at least $1,500,000 per occurrence and $2,000,000 annual aggregate, for loss sustained by either acts or occurrences that arise from or grow out of Lumberjack Days, and liquor liability insurance coverage for Lumberjack Days as described in Minn. Stat. §340A.409. 13. Hold Harmless and Indemnification. The Locals agree to defend, indemnify, and hold harmless the City other, its agents and employees, officers and elected officials 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. The Locals shall indemnify the City against legal liability for damages arising out of claims by the Locals’ employees. 14. Music. Musical entertainment must be selected with the approval of Public Safety. Public Safety must also review and approve the Media Advertising Campaign before the campaign is implemented. By June 15th the Locals must provide to the City a complete list of all musical acts along with an estimate crowd size for each. Live musical entertainment must cease no later on each day than set forth as follows: Friday, 11:15 p.m.; Saturday 11:15 p.m.; and Sunday, 10:00 p.m. 15. Noise Control. The Locals is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 16. Police Power for Specific Events. The City reserves the right to order a shut down of the Area or certain Lumberjack Days events if the Chief of Police determines, in his sole discretion, that the public health, safety and welfare is threatened, or any condition of this Agreement is violated. In that event, the Locals will cease with the event in that location and must assist the police and public safety personal in the clearing the location. 17. Dumpsters. The Locals must furnish dumpsters or roll–off boxes according to a plan approved by Public Works Staff in sufficient quantity to contain the accumulation of trash generated by Lumberjack Days and must ensure that all trash or garbage is collected and hauled away daily in the Celebration areas. The City may amend the plan and require additional dumpsters or trash receptacles if the need arises. 18. Traffic Control. To ensure traffic and pedestrian control, the Locals must place standard reflective barriers according to a plan approved by the Public Works Director, Police Chief or their designees. Barriers may be supplied by 6 the Locals, or by the City. Charges for the City supply of barriers are set forth in the current City Fee Schedule. The City may place additional traffic control barriers to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for placement of additional public safety traffic control barriers shall be shared with the Locals by July 1, 2022. 19. Electricity and City Water. Existing electrical boxes will be opened by the City and access allowed according to the current City Fee Schedule. If access to water main or hydrants is required, the Locals must make arrangements with the City Water Department and must pay related Water Department fees. 20. Restrooms. The Locals must furnish portable restrooms to facilitate expected crowds in a number approved by the Public Works Director. Additional portable restrooms must be provided by the Locals if deemed necessary to protect public health as determined by the City. City Public Restrooms on the Pedestrian Walkway and the South end of Lowell Park will remain open during Lumberjack Days and the City will supply and equip both restrooms, however, the Locals will be responsible for maintaining, cleaning, staffing and security and supervision for both restrooms. 21. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system is easily damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the Park. 22. Grey Water. The Locals agrees to ensure that all vendors’ wastewater be discharged into a holding tank approved by Washington County Public Health and Environment Department. Vendors without an approved holding tank must discharge into grey water barrels provided by the Locals. Disposal costs are the responsibility of the Locals. Grey water barrels or holding tanks shall not be disposed into the City’s sanitary or storm sewers, for any reason. 23. Use of City Parking Lots. The City prefers the Locals to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lots for use would be Lots 4, 5, 9, 10 and 11. These lots will be available to the Locals exclusively from Thursday AM until Monday AM of the Event weekend. Lot 11 will be shared with Public Safety as a staging area. 24. Remote Parking. The Locals will work with City Staff to explore the feasibility of a remote parking and a shuttle plan for Lumberjack Days. Any shuttle service and remote parking must be approved by the City. 25. General Conditions 7 a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or The Locals 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. 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. 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. 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. g. Umbrella Events. By June 15th the Locals must submit to the City a complete list of all “umbrella events.” “Umbrella events” are events taking place during the time frame of the Lumberjack Days Festival, and are included in Lumberjack Days Festival promotional materials, but are not directly produced by the Locals. h. No Camping. No camping in tents, trailers or campers is allowed in downtown Stillwater during the events. i. Sales Tax. The Locals must obtain a State Taxpayer Identification Number and collect any sales or use taxes that are due according to law. j. Food Vendors. All food vendors must be inspected and approved by Washington County Public Health and Environment Department, the Stillwater Fire Department and the State Electrical Inspector prior to beginning operation. The Locals must provide a complete list of all vendors to each of these agencies at least two weeks prior to the event. k. Status Report. Beginning 30 days after the execution of the Agreement, and each 30 days thereafter, the Locals must provide the City with a status report, that must include the sources (should the source elect to be identified) and amount of paid sponsorships, the nature and extent of any contractual agreements made with third parties, nature and extent of any credit extended by third parties to the Locals or to others for the benefit of the Locals, and any other status information reasonably required by the City. 8 l. Public Information. As soon as practical after furnishing the main schedule, the Locals will publish and widely distribute a schedule of events. After Lumberjack Days closes, the Locals will prepare a press release describing the charities that benefit from Lumberjack Days. [remainder of page intentionally left blank] 9 CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of __________, 2022 by Ted Kozlowski, Mayor and Beth Wolf, Clerk, for the City of Stillwater. Notary Public THE LOCALS, INC. By Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2022, by ___________________________, the _______________________, the duly authorized agent for The Locals, Inc. a Minnesota non–profit corporation. Notary Public DATE: March 31, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Summer Tuesdays Event Cory Buettner of Summer Tuesdays Inc. has submitted the attached request to waive the base fee for the 2022 Summer Tuesdays event. The base fee for Summer Tuesdays has been waived since the inception of the fee in 2018. Staff has moved the item from the Consent Agenda and placed it under New Business so Council can discuss and make a recommendation. Also, please find attached, the layout for the Summer Tuesdays Event which was inadvertently omitted from the packet on Friday. 1 Beth Wolf From: Cory Buettner Sent: Tuesday, June 7, 2022 11:03 AM To: Jason Grode <jgrode@ci.stillwater.mn.us>; Beth Wolf <bwolf@ci.stillwater.mn.us> Cc: Cassie McLemore; Chuck Dougherty; Brandon Lamb; Chris Brown Subject: Summer Tuesdays [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. _______________________________________________________________________________ Dear Mayor and City Councilmembers, We respectfully request that the City of Stillwater waive the base event fees (6 @ $500) for the 2022 Summer Tuesdays event series. In exchange we would list the City as a sponsor. Last year the Police were a part of our vendor market and we would welcome that again. The Tuesday evening event includes a market, live music and a movie on the waterfront starting July 5th. All are welcome, but our audiences are largely made up of Stillwater families. It’s going to be great to see our neighbors and friends again. Since 2017, our annual invoice from the City has averaged $1275 (see the following table). With the new event fee structure in place, our invoice from the City is now $4,000. This is a substantial increase in fees to our organization. Our organization has weathered the pandemic but our reserves have taken a hit. Here is a look at our profits (loss) from the past few years: 2 2014 - $3,044.88 2015 - $3,555.23 2016 - ($2,552.44) 2017 - $2,277.45 2018 - $7,041.12 2019 - ($8,726.02) 2020 - ($7,640.38) 2021 - ($4,270.71) Total loss in the last 8 years ($7,270.87) Jason Grode has provided us with a preliminary invoice for one of our other events, Stillwater Harvest Fest & Giant Pumpkin Weigh-off. At this point, we do not intend to request the waiving of the base fees for that event. We understand the different nature of these events and corresponding use of City resources. We produce this event for the enjoyment and good of our community. Our organization, Summer Tuesday, Inc, is a nonprofit that supports other local nonprofits and we do so with proceeds from our events. Reducing costs allows us to run our events in a way that ensures we can continue the following year and stick to our mission/motto. The motto of STI is “Here for Good”; it has two meanings. The events are “here for good” with plans to keep the events running year after year. STI is “here for good” by partnering with a variety of nonprofits in Stillwater. We share a portion of our profits from our events with them. We have donated to Valley Outreach Foodshelf, Valley Friendship Club, United Way of Stillwater, Stillwater Kiwanis, Stillwater Lions, Salem Lutheran, Watermark Church, Youth Advantage, Community Thread, Zephyr Theater and more. Summer Tuesdays has been entertaining Stillwater families on the waterfront for 20 years and with your support we hope to continue that tradition. Thank you for considering our request. Sincerely, Cory Buettner Summer Tuesday, Inc I* I*Lot 2 Lot 4 Lot 5Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 1 1 Lot 3 Live Music & movie on the amphitheaternon food vendorsFOOD VENDORS 2022 SUMMER TUESDAYS EVENT MAP The Birthplace al 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.zoomqov.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 stillwatertaa.ciii.stillwater.mn.us AGENDA CITY COUNCIL MEETING June 7, 2022 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Cameras in City Parking Ramp Discussion 2. Communication Plan 3. Communication Tools 4. Cannabis and CBD Ordinance Discussion IV. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator 9. IT Manager 10. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 11. Certificates of Appreciation — Adam Fleischhacker 12. Stillwater Police Department Citizen Award — Tom O'Malley 13. Proclamation — Acknowledging Juneteenth Day X. OPEN FORUM — open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. Xl. 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. 14. May 17, 2022 Closed Session and Regular Meeting Minutes 15. Payment of Bills 16. 2022 Street Improvement Project Saw Cutting Contract 17. Alcohol in City Parks — Ordinance 2r d Reading 18. Curve Crest Boulevard Seal Coat Project Agreement 19. Engineering Services Contract for Water Tower Repair Project 20. Event Contract for Bridge the Valley Bike Rally and Temporary Liquor License 21. Event Contract for Summer Tuesdays 22. Event Contract for Zephyr Theatre's Broadway by the Bridge and Temporary Liquor License 23. Hydrant Painting Contract for 2022 24. Liquor License Trade Name Change for O'Brien Wine and Spirits — Resolution 25. LMCIT Liability Coverage Waiver Form 26. Metropolitan Council Clean Water Fund Grant Agreement 27. Olive Street Well House Electronic Transfer Switch Project Contract 28. Roll -off Hauler License for Lightning Disposal, Inc. 29. St. Croix Valley Recreation Center Reservation Software SAAS Agreement 30. State Performance Measurement Program — Resolution 31. Street Crack Sealing Program 2022 Agreement 32. Washington County 2022 Municipal Recycling Grant Agreement 33. Well House Buildings Repair Contract 34. Zoning Text Amendment Regarding Swimming Pool Locations — Ordinance 2nd Reading XII. PUBLIC HEARINGS — None XIII. UNFINISHED BUSINESS 35. Chestnut Street Plaza Cooperative Construction Contract & Award Project Bid — Resolution 36. Millbrook Development Permanent Trail Easement XIV. NEW BUSINESS 37. 807 Harriet Street South Easement Encroachment Agreement 38. Lumberjack Days and 5K/10K Event Contract and Temporary Liquor License - available Tuesday 39. Zephyr Theatre Outdoor Concerts and Amendment to Liquor License for Temporary Premise Extension — Resolution 40. Fee Schedule Amendment for Park Reservations — Resolution 41. Fencing Consortium Joint Powers Agreement — Resolution 42. Liquor Licensing Ordinance Amendment — Ordinance 1st Reading 43. Short Term Home Rental License Amendments — Ordinance 1st Reading XV. COUNCIL REQUEST ITEMS 44. Organ Donate Life Update 45. League of Minnesota Cities Board of Directors XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 7, 2022 i 1 Water THE B I R T H P L A C E O F M I N N E S O TA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Rose Holman, IT Manager SUBJECT: Camera Overview BACKGROUND Near downtown, the City has cameras located at Teddy Bear Park and the Parking Ramp. All cameras in Teddy Bear Park and the Parking Ramp were replaced last year and are of good quality. There are four cameras at Teddy Bear Park — two inside and two outside. There are 15 cameras located in the Parking Ramp. In addition, there is consideration to add 4-5. With some recent vandalism and "blind spots", additional cameras are being considered. The City has a quote for 5 cameras for $16,712. There is a live feed of the cameras, however there isn't dedicated personnel to watching it. When an instance of vandalism does occur, footage would be reviewed in conjunction with the PD. Attached are diagrams of existing and proposed cameras and the quote. ACTION REQUESTED Review and discuss cameras in the Parking Ramp and potential to continue to add cameras, relocate cameras or the overall use of cameras in general. Top level Existing Camera QRequested Camera New camera was requested to be installed as close to the Lowell Inn as possible. Vendor suggested just outside Ext. ramp door under roof overhang North Stair Tower Top (3), 2, 1 South Stair Tower Top (4), 3, 2 Stairs ELV 0 Existing Camera 0 Requested Camera New camera was requested to be installed (on each level) close to area where graffiti has been seen within the landing or alcove. South Stair Tower / Lobby Level 1 Janitor Storage Elevator equipment Restroom Electrical/IT Restroom Stairs • \ ELV • Existing Camera • Relocate Camera Vendor suggested relocating the cameras to these areas to cover more of the lobby where incidents have taken place. Existing locations where suggested by consultant that the City hired when the ramp was built. It was also suggested that we reach out to our elevator company and see about adding a camera to it as well. Proposal P Pro-Tec Design TRUSTED SECURITY SOLUTIONS"" 100% Employee Owned Sold To: City of Stillwater Ship To: City of Stillwater Rich Bornt Rich Bornt 216 N Fourth St Municipal Parking Ramp Stillwater, MN 55082 3rd St N United States Stillwater, MN 55082 United States Phone: (651) 430-8811 Phone: (651) 430-8811 Fax: Fax: Email: RBornt@ci.stillwater.mn.us Email: RBornt@ci.stillwater.mn.us Parking Ramp - Camera Additions 2022 The following proposal outlines the necessary items to relocate the conduit and mounting of the two lower level lobby cameras, provide pathway and sleeving to vertical chase so an additional camera can be added to cover the blind spot on floors 2-4, and adding an additional exterior camera above the 4th fl west entrance door to view walk up to entrance and view people trying to attempt to get on roof. We will setup object classification for Persons and set up email notifications on the a trigger event when camera sees individuals attempt to climb the column and get on the roof at the municipal parking ramp. (5) Milestone channel licenses & support are included for the new camera additions. ***Please note that there are cost effective interior/exterior IP speaker options that can play a pre-recorded message(s) on a camera event trigger to pro -actively attempt to dissuade the climbing attempt or loitering within the elevator lobbies or stairwells. They are also SIP capable, if live conversation, or announcements are desired. If interested in additional information or pricing please let me know. This proposal shall follow state contract S-813(5) guidelines where applicable. Note: Pricing subject to market changes. If quote is beyond 30 days, please verify pricing prior to submitting your order. Also, some products may experience extended lead-times from the manufacturer due to manufacturing and supply chain volatility issues caused by the ongoing pandemic. PTD will do it's best to update you on these timelines as they become known. Please allow minimum 6-12 weeks after proposal is signed for work to begin. Date Quote Valid For 05/12/22 30 days Quote # Rep Terms PTDQ30613 Tony Vrooman Net 30 days Line Qty Description 1 5 ONE YEAR CARE PLUS FOR XPROTECT EXPERT DEVICE LICENSE 2 5 SOFTWARE, XPROTECT EXPERT, DEVICE LICENSE, 1 CHANNEL 3 5 P3245-LVE DOME CAMERA, IP, 1080P, INDOOR/OUTDOOR, DAY/NIGHT, 3-10.5 MM VARIFOCAL LENS, AXIS OBJECT ANALYTICS, LIGHTFINDER 2.0, OPTIMIZED IR, WDR, FORENSIC CAPTURE, VANDAL RESISTANT, AUDIO SUPPORT 4 5 CONDUIT MOUNTING BACK BOX FOR NETWORK CAMERA 5 1,000 23/4P SOL UNSHIELDED CMR RISER (Non -Plenum) CAT6 550 MHz YELLOW Per FT 6 1 ENCLOSURE/CABINET 12"W X 12" H X 3"D 7 1 ETHERNETGROUNDING MODULE FOR CAT6, 20kA 8 1 SHIELDED OUTDOOR NETWORK CABLE WITH RUBBER GASKET, MALE RJ45 CONNECTORS,5M 5929 Baker Road - Suite #400 - Minnetonka, MN 55345 Phone: 763-553-1477 - Fax: 763-233-6855 solutions©pro-tecdeslgn.com - viya,txrq_teccle gj mri Unit Price $43.12 $236.72 $622.11 $105.91 $0.26 $57.95 $74.97 $8.90 Ext. Price $215.60 $1,183.60 $3,110.55 $529.55 $260.00 $57.95 $74.97 $8.90 Page 1 1 of 4 9 50 10 AWG 19/.0234 THHN / MTW 600V BUILDING WIRE NOM $0.48 $24.00 OD .164 GREEN RoHS, PER FT 10 1 SUBCONTRACT - ELECTRICAL PATHWAY $3,250.00 $3,250.00 11 3 RW RUN EXTENSION FROM COLUMN CHASE & MOUNT/ • $140.00 $420.00 12 1 MISC MATERIALS, HANGERS, FIRESTOP, CAULK, & CONNECTORS, ETC. $200.00 $200.00 13 1 MATERIAL ACQUISTION AND SHIPPING $293.00 $293.00 14 IMPLEMENTATION SERVICES 15 8 ENG DESIGN SERVICES $95.00 $760.00 16 6 PROJECT MANAGEMENT - SCHEDULE, MOBILIZE, AND QC $102.00 $612.00 17 56 STATE CONTRACT- INSTALLATION AND PROGRAMMING $102.00 $5,712,00 18 SubTotal $16,712.12 Total $16,712.12 5929 Baker Road - Suite #400 - Minnetonka, MN 55345 Phone: 763-553-1477 - Fax: 763-233-6855 solutions@pro-tecdesign.com - %wow pro-tecdesign com Page 2 2 of 4 Statement of Work PTD to provide replace existing cameras as described and detailed below: 1. Relocate the two existing Street level lobby cameras and conduit runs per markup to provide better more usable views with less blind spots. 2. Add a P3245-LVE and pathway to the north side of 2nd FI Elev lobby to cover blind spot. 3. Add a P3245-LVE and pathway to the north side of 3rd FI Elev lobby to cover blind spot. 4. Add a P3245-LVE and pathway to the north side of 4th FI Elev lobby to cover blind spot. 5. Add a P3245-LVE and pathway to the west side of the 4th FI exterior, above entry door to view walkway and column that kids are using to climb on adjacent building rooftop. Setup object classification for Persons in defined area and set up one email notification to a distribution group on the a trigger event when camera sees individuals attempt to climb the column and get on the roof at the municipal parking ramp. ***For this the City will need to provide an email account and login information in order to configure camera for notifications. Solution assumes existing network, switches, and VMS infrastructure is viable and able to support project needs. No service or repair work in included within proposal. Any issues identified during project needing repair or remediation will be discussed and addressed via a change order. Exclusions SUPPORT- Owner to provide any technical assistance need during project. This includes IT staff providing access to workstations and servers, and personnel to determine best cable -run routes. NETWORK: Owner shall provide all network connectivity, infrastructure, not limited to and including, IP addresses, switches Router, Gateway, Firewall, and POE (when applicable). Any programming of VLANs, Firewall exclusions, and port forwarding, if applicable shall be provided by customer. PARTITIONS: If work is taking place in areas where partitions, negative air, or dust remediation is required, it shall be provided by others. PERMITS: Work in special areas that requires local permits are to be provided by others. CABLE: All conduit, wire mold, fiber, and junction/back boxes shall be provided and installed by others. PENETRATIONS, CORING, & SLEEVING: Where existing pathway does not exist or requires expansion, any firewall penetrations, sleeving, and concrete coring shall be provided by others. PATCHING: Any remediation, replacement of ceiling tiles, reconditioning, patching and painting of walls or other surfaces shall be provided by others. NEC/NFPA/IBC: Project shall follow all applicable building and fire codes. This may require the client to coordinate with associated trades not specified in this scope. WORK HOURS: This bid assumes technicians shall have access during an ahr shift and be able to work between the core hours of 6am and 4pm Monday through Friday. If after hours or weekend labor is required, a different rate shall apply. Thank you for your consideration and the opportunity to earn your business. If you need further clarification or have any questions on our solution, please don't hesitate to reach out. If after evaluation of this proposal, you are ready to proceed, please complete and sign the Acceptance Form and return the completed page to us. Once we have received your signed Acceptance Form, we will reach out to notify you we have received it, and to discuss next steps. We look forward to working with you, Tony Vrooman Sr. Systems Engineer Pro-Tec Design Main: (763) 553-1477 Direct: (612) 207-1962 Fax: (763) 233-6855 Email: tvrooman@pro-tecdesign.com 5929 Baker Road - Suite #400 - Minnetonka, MN 55345 Phone: 763-553-1477 - Fax: 763-233-6855 solutions©pro-tecdesign.com - www pro-tecclesion CCM Page 3 3 of 4 PROPOSAL ACCEPTANCE Parking Ramp - Camera Additions 2022 PTDQ30613 5/12/2022 City of Stillwater Rich Bornt 216 N Fourth St Stillwater, MN 55082 United States City of Stillwater Printed Name and Title: Signature: Date: PO# / Reference # (optional): Pro-Tec Design, Inc. Printed Name and Title: rgny Vrooman Sr. Systems Engler Signature: Date: 5/12/2022 5929 Baker Road - Suite #400 - Minnetonka, MN 55345 Phone: 763-553-1477 - Fax: 763-233-6855 solutIons@pro-tecdesign.com - tinyi,aroriecd,evgn GQm Page 4 4 of 4 Sti water. THE BIRTHPLACE O F M I N N E S O T A DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Communications Plan and Strategy BACKGROUND Attached you will find a Communications Plan for the City of Stillwater. In short, it captures many of the stakeholders the city interacts with on a daily basis. The intent of the plan is to visually illustrate how Communication is and will be processed to the Public, City Council, Commissions, Business community, Management Team, County and all Stillwater employees. Also attached is a Communications Strategy. This is to show the intent to have the Strategic Plan initiatives cascade across organizational stakeholders. As the City develops the Economic Development plan/objectives; the CVB/Chamber/EDA take shape — the other objectives under "Develop Community" will be added. When the Strategic Plan is updated in 2022- it will be the intent to tie objectives into dedicated team members, create timelines, and communicate progress/initiatives across the organizational stakeholders. ACTION REQUESTED No action. Review, ask questions or direct Staff on any areas that could use feedback or further information. _j llwater. Communication Plan Stakeholder Deliverable Description Delivery Method.'Frequency Team Member Mission Statement Public Service Updates Events Recognitions Projects Emergencies Major Initiatives Councl Business Items meet sweeping, waste service, water service, elections, etc Permitted events, department events, public offerings Proclamations, Certificates of Appreciation, etc. Construction project updates, road projects updates, etc. Police/Fire/Public Works - discretionary, harm to public Major City initiatives for public engagement all legislative items handled by the City Council Facebook, website, mailings, newsletter - as needed Facebook, website, newsletters, as needed Facebook - after Council Meetings Mailings, Facebook, website, Public Hearings, newsletter - as needed Emergency alert, facebook Mailings, Facebook, website, newsletter, polco - as needed Web videos, Zoom, packet slgnups lists, open attendance - biweekly R Manager/aerk/PW/PoGceFire IT Manager/Clerk /Police/Fire IT Manager Public Works/Comm. Dev Police Chief/Fire Chief/PW Administration/ Comm. Dev. R Manager/Clerk quality public services and facilities quality hying environment quality living environment quality public services and facilities quality living environment fair and open government fair and open govemment City Council Management Team oardlCommiss ion on Vis. Bureau awntown Parking Ire Relief etttage Pm. uman Rights o lnt Cable Ibrary Board SC Water -Shod arks and Roc lanntng Comm. Business Owners/Operators Wasington County Stillwater Team (Employees) City Business Items Operational Updates Commission Updates Chamber of Commerce CVB General Feedback All business items All notable operational updates and business item updates Summary of action Items/ discussion Summary of discussion items (downtown steering committee) Summary of discussion Items update and perspective on recent situations Team operational updates notable events, projects, initiatives in department City Business Items upcoming City Council business items Cross Departmental Initiatives Staff Meetings, individual meetings, phone, email Council eetings, Workshops, EDA • biweekly Off Week Memo, biweekly - Email, text, call- as needed Off Week Memo, biweekly Off Week Memo, biweekly Off Week Memo, biweekly phone call, email, text- as needed weekly staff meetings, emails, Off Week Memo, phone, email weekly staff meetings, entails, Off Week Memo, phone, email Meetings, phone calls, emails - as needed Management Team Management Team Staff Liaison Staff Liaison Staff Liaison Management Team Management Team Management Team Management Team fair and open government fan and open government effective management effective management effective management effective management effective management effective management effective management City Liaison - communination City liaison/Staff Support City liaison Gty Liaison/Staff Support City Liaison City Liaison City Liaison Oty Liason City Liaison/Staff Support City Liaison/Staff Support City Liaison, Staff Support Community Outreach Provide a city presence/connection at the CVB meetings Provide information on city business, Council liaison Council liaison Provide information on city business, Council Liaison Council Liaison Council Liaison Council Liaison Council Liaison Provide information on city business, Council Liaison Provide information on city business, Council Liaison Provide Information on city business, Council Liaison Connect with partners in community - (downtown Steering/CVB/Business Visits, etc.) Irate Regular contact with applioble County Managers (Sheriff, AMMO, rgovemmeMal Lamm. Comm. Dev., Public Works, etc.) internal Organizational Communication In person attendance- monthly In person, email reports -monthly Annual Meeting In person, email reports - monthly In person attendnace - monthly In person attendance - monthly In person attendance - monthly In person attendance - monthly In person, email reports - monthly In person, email reports - monthly In person, email reports - monthly Business visitation, In person meeting attendance - visits as scheduled, reocurring meetings (downtown/CVB) Administrator meeting, regular contact as needed for projects Provide updates to the team on operations, planning. atldev nggosis of quarterly or semiannually communications as determined by Dept strategic plan Head/Admin. (entails, dept. meetings, etc.) Polehna, Administration Dunker, Comm. Dev. Collins, Polehna iunker, Comm. Dev_ Polehna Odebrecht Collins Collins Polehna, Public Works Odebrecth, Comm. Devi Polehna, Public Works Management Team Management Team Management Team quality living environment quality public services and facilities effective management protecting cultural, historical and natural resources quality living environment quality public services and facilities quality public services and facilities protecting cultural, historical and natural resources quality public services and facilities careful planning quality public services and facilities effective management effective management effective management Strategic Plan Objective Maintain High Quality, Efficient Public Service Delivery Develop Leadership Training, Succession Planning, Learning Culture Communication Strate Stakeholder Description Delivery Method Team Mamba Outcome Implement Organizational Study Recommendations Support Partnerships for Collaboration Implement Software Integration and Update City Facilities Public City Council Management Team Boards/Commissions Business Owners/operators Washington County Stillwater Team Public Cry Coundl ManagementTeam Boards/Commissions Business Owners/Operators Washington County Stilhvalw Team Public City Council Management Team Stillwater Team Service updates, Events, Recognitions, Projects, Emergencies, Major Initiatives, Council Business Items Communicate all business, operational, and general updates Share atl operational updates/cross dept functions/City Business Provide all business items that support high quality services Develop, enhance and maintain relationships Collaborate with County on applicable projects Dept. Manager communicate actions/results/updates Demonstrate leadership through public interactions Continue to bring trainings to budget discussion Continue to plan for meaningful training, professional growth Continue Commission training through City Attorney Continue operational updates, communications at meetings Continue open dialogue with County on currrent issues Provide Managers with proper tools to facilitate leadership dev. Provide for effective service delivery Consider requests as part of budget workshops Make study recommendations part of budget process Dept Managers communicate with team members Facebook, website, mailings, newsletter, meeting videos, packet signups Council Meetings, Worksessions, Off Week Memo, Phone, Email Meetings, phone oils, emaih Commission Meetings Business visits, Downtown Steering, CVB, website Meetings, phone calls, emails Department Meetings, written communicatlons Through effective public swim Interarboos Through budgeting process Through budget process and opportunities to enhance participation City Attorney's Office provide annual trainings Meeting attedance, Business visits tofadlitate dialouge on City Functions Meetings. emsilsphone oils Department meetings, budgeting for training Communicated to publw through effective service deiivtry/attpndance Review requests for study recommendations Budget meetings/workshops Department Meetings, budget development within department ManagementTeam Management Team ManagementTeam ManagementTeam ManagementTeam ManagementTeam ManagementTeam Stillwater Team Management Team ManagementTeam City Attorney ManagementTeam ManagementTeam ManagementTeam ManagementTeam ManagementTeam ManagementTeam Management Team Notify Public of service updates and highlighting city accomplishments Provide Council with timely updates on operations/business Maintain high functioning/collaborative team Allow Commissions to provide guidance on service delivery Collaborative partnership with business community Intergovernmental cooperation/partnerships Notify team members of objectives and accomplishments Provide quality service that demonstrates good leadership Allocate resources to enhance leadership Provide trainings, opportunities to participate in projects/meetings Ensure Commissioners are well trained Provide information on City functions to business community Stay updated on issues facing City/County Facilitate learning culture and leadership development Resources are provided to Staff for effective service Provides process to consider implementation Provides process to consider implementation Provides a process for Managers to inform their team Public City Council ManagementTeam Boards/Commissions Business Ormers/Dperatats W ashingtoo County Stillwater Team Continue to process requests from community partners Continue to consider requests for partnerships Faciliate partnerships from stakeholders Applicable Commissions to review partnership requests Continue collaborations through Dowtown Steering, CVB Continue open dialogue on projects/Initiatives Communicate with teams about ongoing partnerships Process requests to Commissions/Coundl (Lily Lake Park, Sust Stillwater, etcj Council Meetings, Workshops Process requests to Commissions/Coundl Regular Commission Meetings In person attendance at meetings Ongoing Department Meetings, communications ManagementTeam ManagementTeam ManagementTeam ManagementTeam ManagementTeam Management Team ManagementTeam Allows partnership requests to be processed Consider partnership requests Connect pamtership regeusts from partner to Council Commission provides input on potential partnership City takes an active partnership in Issues impacting businesses Continue to strengthen partnership with County Ensures team is aware of partnerships in the City Pubic City Cound ManagementTeam Boards/Commi soon Stillwater Team Provide the public with updated city facilities Consider requests as part of budget workshops Discuss items, setup teams, and take action steps Process any facility request to applicable commission Include users of software In dlsuussion, dept feedback on buildings Ensure 4cgities are wee mainLwtW and good condition for the public Workshops and Council Meetings ManagementTeam Meeting, meetings as needed - Process to City Council Heritage Preservation, Planning Commission Setup staff committees to review software, all applicable dept heads on buildings IK 6/7/22 ManagementTeam ManagementTeam ManagementTeam ManagementTeam ManagementTeam Demonstrates the dty's commitment to facilities Review requests for software and facilities Process software/facilitles information to Council Allows for Commission review, comment Allows for proper Input on initiatives iliwater, THE BIRTHPLACE OF MINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Communication Tools The City of Stillwater has previously engaged Augsburg University with rebranding/logo design. Since then, there has been turnover and Staff would like to regroup to consider some updates to Communication Tools. 1) Primarily, does the City want to conduct a full rebranding or simply a logo redesign with some brand standards attached to it (color, size, etc.)? A logo redesign would be more cost effective than a full rebranding exercise. 2) Does the City wish to utilize a simple logo to update the City flag or use an offshoot of a new logo for a new City Flag (for example, the City of Chicago)? Or is the City of Stillwater Flag fine the way it currently is. As an aside, City Staff will work toward utilizing a consistent messaging with email signatures, PowerPoint presentations, letterhead and other communications. ACTION REQUESTED Review and discuss. Provide staff with direction to obtain potential pricing to consider for upcoming budget discussions. IIt[OtluCt1Ons f Approach The Ask Learnings Options Ream mco0all aa mu Augsburg Team Stillwater Introductions • Collaborative Effort • Numerous sources of feedback Augsburg Team ()ieromY Knapp Joe Burling 11 Zach Driess Emily Adhiambo Stillwater Key Stakeholders City Council • Muyor Ted Kozlowski • Member Mike Palehno • Council Member rom Weidner • Caunal Member Doug Menikheim City Deportment Heods • Torn McCort y, Cll y Administr olor • Stuart Gloser, Fire Chief • John Gonnowoy, Chief of Pohce Rose Hoimon, iT Monoger • Diane Word, City Clerk Sharon Harrison, Finunce Director • Donna Robole. HR Manager Visitors Bureau • Christie Posckes 4 Intro 1uctifins Approach The Ask [earnings Options Recommendation Ei "Develop a consistent look & message for the city's branding." Current Logo Use • City Plaques and Signs • Fire & Police Vehicles City Vehicles • City Building Signoge • Letterhead & Stationary - Business Cords • Online properties • Billing and City Correspondence Branding Strategy that: • Is efficient for the city • Reflects city strategy • Attracts development • Creates relevancy for residents & visitors alike • Reflects o sense of community invites curiosity, is engaging, clear and promotes opportunity 8 Recommendation Iutiroluctions 4 Introductions Approatlh The Ask learninijs Options Recommenoation 11 Framing MUM 5trnteglc Branding Target Market Survey fiesuIIs Goals: Recommend o bronding strotegy that: • Is efficient for the city • Reflects city strategy • Attracts development • Creates relevancy for residents & visitors alike • Reflects o sense of community Invites curiosity, 1 engaging, cleor and promotes opportunity 14011111:AL Recommend o branding strotegy that: 011' t:: 14 Survey Result Summary Residents Visitors Businesses 61% long-term residents 42% Spend over $100 49% long-term business 39% Chose Lift Bridge 34% Chose Lift Bridge 37% Chose Lift Bridge 15 Introductions Approach The Ask ,6 (_earnings Options Recommendation Options Considred 1 Full Strategic Branding Effort (Goals, Metrics. Logos Brand Standards, re - brand properties artifacts & partner orgs ) 2 Logos only Develop new and look to consolidate the look ono feel 3 Do nothing Allow use of current logos 17 introauctioris Approach The Ask Learnings Options RecommenUation kV:, • &.• • 5 0 0- 0.4.• 18 TIMELINE Option No. 1 Confirm Goals Select Design Firm n ! Lai! Logos Brand Standards - Begin Re -trending effort MVP Cost '�l TIMELINE Confirm Goats Initial Select Logos Design Firm Brand Standards - BegIn Re -branding effort 20 TIMELINE Sept Confirm Goals Select Design Firm Brand Standards - Begin Re -branding effort 21 TIMELINE Sept Confirm Goals Oct Select Design Firm Initial Logos Brand Standards - Renin Q e_krnr.riinn effort 22 TIMELINE Sept Confirm Goals Oct Select Design Firm Nov Initial Logos Brand Standards - Begin Re -branding effort 23 TIMELINE Sept Confirm Goals Oct Select Design Firm Nov 2C119 Brand Initial Standards - Logos Begin Re-brond:ng effort 24 Consider the MVP Refine the City s Goals 8 Meosures of Success #2 Select a Design Firm to Develop New Logo hosed Assist with Logo on and Development Continue to develop remaining standards throughout 2019. 25 Potential Costs - Based on Benchmarks Highest aids Unknown 26 Intrnduetions j9 Approach The Ask Leairnngs Options Recommendation 27 5t!llwater THE B I R T H P L A C E O F M I N N E S O T A DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Kori Land, City Attorney SUBJECT: CBD ordinance Overview Attached is a draft ordinance regarding medical marijuana and CBD products. In summary: CBD Products as a CUP in the CA, CBD, BP-C, BP-O, BP -I, HMU — this could mean any retailer that sells a CBD product, including Walmart. They would need a CUP and need to comply with the performance standards to keep it out of reach AND to prohibit sales to anyone under 21. Any existing business already selling it is legal non- conforming, but that means they cannot expand the use. We would need to notify all retailers who sell if of this new requirement and that they are limited to the number of products in quantity that they have right now. Right now, the definition only includes the nonintoxicating products. Medical cannabis distribution facility as an IUP in the CA, BP-C, BP-0 or BP -I (these are the state -approved medical marijuana clinics from Leafline Labs and Green Goods). Medical cannabis laboratory as an IUP in the BP -I Agricultural Uses - Industrial Hemp in the A-P — this is in reaction to the farm bill that allowed farmers to grow hemp as a crop. I've stated a minimum acreage of 200 acres Action requested: Review and discuss. ORDINANCE AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101, SECTION 31-325, SECTION 31-315, REGARDING MEDICAL CANNABIS AND CANNABIDIOL PRODUCTS The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Chapter 31, Article 1, Section 31-101 of the City Code, Definitions, is hereby amended by adding the following definitions: CBD means a compound of the cannabis plant known as cannabidiol. CBD Products means and includes industrial hemp products and hemp derived CBD products that contain less than .3 percent tetrahydrocannabinol (THC), a sampling of such products having been tested by an independent, accredited laboratory, as required by Minn. Stat. § 151.72 subd. 4. Hemp or Industrial Hemp means the definition for same provided under Minn. Stat. § 18K.02 subd. 3. Hemp Manufacturing means the ability to facilitate the manufacturing of industrial hemp. Medical cannabis means the definition for same provided under Minn. Stat. § 152.22, subd. 6, as may be amended. Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stat. § 152.29, subd. 1(a), as may be amended, and the requirements of the commissioner of Minnesota department of health or other applicable state law. Medical cannabis laboratory means an independent laboratory permitted to test medical cannabis produced by a medical cannabis manufacturer in accordance with Minn. Stat. § 152.29, subd. 1(b), as may be amended, and the requirements of the commissioner of the Minnesota department of health or other applicable state law. Medical cannabis manufacturer means the definition for same provided under Minn. Stat. § 152.22, subd. 7, as may be amended. SECTION 2. AMENDMENT. Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Retail, is hereby amended as follows: Allowable Uses - Retail CBD Products as a CUP in the CA, CBD, BP-C, BP-O, BP -I, HMU with the following performance standards: a. All CBD products shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. If sold at an exclusive CBD product store, no one under 21 years of age shall be permitted to enter the establishment. b. Notice of the legal sales age and age verification requirements must be posted at each location where CBD products are offered for sale. The required signage must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. c. It shall be unlawful for any person to sell, offer for sale or allow the sale of CBD products by means of any self-service displays whereby the customer may have access to these items without having to request the item from an employee and whereby there is not a physical exchange of the CBD product between the employee and the customer. d. Sampling of CBD products is not permitted. Medical cannabis distribution facility as an IUP in the CA, BP-C, BP-0 or BP -I with the following performance standards: a. The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; b. A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation; c. The distance limitations on locations of medical cannabis distribution facility in relation to a public or private school provided for under Minn. Stat. § 152.29, as may be amended, are incorporated herein. A medical cannabis distribution facility shall not be closer than 200 feet of a zoning district that allows single family, two-family, townhomes, or multi -family dwellings; d. A medical cannabis distribution facility shall be setback from all property lines a minimum of 25 feet; e. Medical cannabis distribution facilities are prohibited from operating drive-throughs; f. No exterior storage shall be allowed. SECTION 3. AMENDMENT. Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Laboratories, is hereby amended as follows: Allowable Uses — Laboratories Medical cannabis laboratory as an IUP in the BP -I with the following performance standards: a. The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; b. A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation; c. A medical cannabis laboratory shall be setback from all property lines a minimum of 25 feet; d. No exterior storage shall be allowed. SECTION 4. AMENDMENT. Article III, Division 3, Section 31-315 of the City Code, Allowable Uses in Residential Districts, is hereby amended as follows: Allowable Uses Agricultural Uses - Industrial Hemp in the A-P with the following performance standards: a. Minimum area of 200 acres or more is required b. Any industrial hemp grower must be licensed by the State pursuant to Minn. Stat. Ch. 18K. SECTION 5. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2020. Publish: Stillwater Gazette — Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater 'HE BIRTHPLACE 0, MIHHE501 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 actwn (ei6chfiac&ex fin R , dedication, c3ub tandiuq peicktmance, and cli tiUIu(i3 fICd 4 eluuce to the e' and it cAt!( eiv. P 2 34 VCavO a y Sevuuces (Tim, and cub he/3 him welt ui the futwte, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: June 7, 2022 City of 'tittthater, PlitutesIota Proclamation WHEREAS, on January 1, 1863, President Abraham Lincoln signed the Emancipation Proclamation, which established that all enslaved people in Confederate states and against the Union shall be set free from slavery; and WHEREAS, word about the signing of the Emancipation Proclamation was delayed some two and one half years, to June 19, 1865, in reaching authorities and African -Americans in the South and Southwestern United States; and WHEREAS, June 19th has a special meaning to African -Americans, and is called 'JUNETEENTH" combining the words June and Nineteenth, and has been celebrated by the African -American comm unity for over 150 years and WHEREAS, We acknowledge that injustice continues beyond the establishment of laws, as does the need for all of us to continue our individual and collective work for justice; and WHEREAS, We must do everything in our power to come together to deconstruct generations of systemic racism so that every person- Black, Indigenous, Brown, and White - can be safe and thrive; and WHEREAS, Juneteenth became a federal holiday on June 17, 2021 and marks our country's second Independence Day, celebrating freedom and justice and emphasizing education, achievement, and tolerance; and WHEREAS, we must acknowledge the relevance of June 19, 1865 and celebrate every June 19 to honor freedom and the commitment for everyone to work together to guarantee equal opportunity for all individuals. NOW THEREFORE, 1, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim Sunday, June 19, 2022 as JUNETEENTH DAY N throughout the City, and 1 urge all the people of Stillwater to become more aware of the significance of this celebration in African -American History and in the heritage of our nation and City. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 7th day ofJune, 2022. 4 -Z.42 itlayor ti1Iwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 17, 2022 CLOSED SESSION MEETING Mayor Kozlowski called the meeting to order at 5:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None 5:00 P.M. Staff present: City Administrator Kohlmann IT Manager Holman Motion by Councilmember Collins, seconded by Councilmember Junker, to move into closed session to receive security briefings and reports and to discuss issues related to security systems pursuant to Minn.Stat. 13D.05 subd. 3(d). All in favor. The meeting was adjourned to closed session at 5:01 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Also present: City Administrator Kohlmann and IT Manager Holman Motion by Councilmember Collins, seconded by Councilmember Junker, to reopen the meeting. All in favor. The meeting was reopened at 6:16 p.m. RECESS Mayor Kozlowski recessed the meeting until the 7:00 p.m. regular meeting. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders IT Manager Holman PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. City Council Meeting May 17, 2022 RECOGNITIONS OR PRESENTATIONS Proclamation - Minnesota State High School League Hall of Fame Inductee Brian Luke Mayor Kozlowski recognized Brian Luke for his induction into the Minnesota State High School League Hall of Fame. He noted Mr. Luke's many accomplishments including leading the girls' and boys' swimming and diving teams for 47 seasons. Swearing in Police Officer Stephen Papke Police Chief Mueller swore in Officer Stephen Papke. Acknowledging Promotion of Brandon Gunderson to Sergeant Chief Mueller conducted the promotion ceremony for Sgt. Gunderson. Proclamation - Stillwater Fire Department 150th Anniversary Surrounded by firefighters, Mayor Kozlowski read a proclamation honoring the Stillwater Fire Department's 150th anniversary May 28, 2022. Fire Chief Glaser shared history of the Department and noted the ribbon cutting June 3. Certificates of Appreciation - Taylor Stockert and Jenn Sundberg Mayor Kozlowski presented Certificates of Appreciation to Taylor Stockert for two years as Natural Resources Technician; and to Jenn Sundberg for six years as Administration Assistant for the Community Development Department. New Heights School Playground Proj?ct Tom Kearney, Principal of New Heights School, 614 West Mulberry Street, reviewed a proposal for a partnership with the City to renovate the playground area making it the community's first all inclusive playground. In February 2020, the Parks Commission voted to support the project, but the request did not include a specific funding request. Then COVID struck. The project was again addressed by the Council about a year ago. Mr. Kearney added that New Heights School has a relationship with the Madison Claire Foundation and Flagship Recreation to renovate the space. It will help accomplish some of the City's strategic goals. They are seeking a partnership with the City and a City contribution of $133,000 per year for three years plus ongoing maintenance costs. The project will cost about $800,000 total. Mayor Kozlowski stated partnering on the project is the right thing to do and he would like the City Administrator and Finance Director to come up with a financing proposal. He would like the project to be included in budget workshops. However $133,000 basically equals a full time City employee and is not a feasible amount for the City contribution. Mr. Kearney replied the suggested amount was to start talking about what is realistic. Dana Millington, Madison Claire Foundation, added that it would be helpful for grant applications to be able to say that the City is a partner, and also to have introductions to key persons within the community, for example people who might provide in kind labor. Mr. Kearney will reach out to City Administrator Kohlmann to discuss next steps. Page 2 of 7 City Council Meeting May 17, 2022 Councilmember Polehna added that the Parks Commission already has a playground replacement plan, and there was concern about taking away from what the City already maintains. OPEN FORUM Louise Hansen of Rivertown Commons shared concerns about drug use and paraphernalia left behind by skateboarders. Police Chief Mueller advised Ms. Hansen to call 911 instead of picking up the items herself. Sue Ryan, former Stillwater resident, suggested having a City Song. Mayor Kozlowski and Councilmember Polehna stated there could be a competition for an annual song. STAFF REPORTS Public Works Director Sanders reported that Lily Lake's alum treatment is delayed until next week. The Riverbank Stabilization project will be 95% complete by June. The river level has crested at 685'. People are advised to stay out of the area and more signage will be placed warning of the danger. The Met Council Water Efficiency Grant ($31,000) was received to help reimburse residents who install devices that help conserve water. Councilmember Junker pointed out the south side of the Pioneer Park stairs has been washed out. Mr. Sanders will check it out. Police Chief Mueller stated the Bike Rodeo Safety Event was successful - kudos to Community Resource Officer Brad Junker and donors/volunteers. The Washington County Memorial Event went well. He provided a Data Specialist position recruitment update. Councilmember Junker asked for more enforcement for dump trucks speeding downtown. There will be a Mental Health Training for the community May 24 at 7 p.m. Fire Chief Glaser reported on recent calls. He warned residents the water temperature is still in the 40s. Chad Rogness (Public Works) and Chris Felsch (Police) graduated from Leadership in the Valley. Burn restrictions will be lifted May 18. This week is National EMS Week. The Department is preparing for the Stillwater Half Marathon May 28. Finance Director Provos stated the City received an AA2 status from Moody's. Conduit debt could be a possible funding source for the New Heights School Playground project. Community Development Director Gladhill stated the Department is short staffed so they are prioritizing permits and other requests. Ben Gutknecht started as Assistant City Planner last week. Interviews for Planning Manager are done and the position should be filled soon. City Clerk Wolf stated candidate filing opened May 17 and closes May 31. City Attorney Land updated the Council on Terra Springs public trail project and Lumberjack Landing trail project. City Administrator Kohlmann stated the State bonding bill will be addressed soon by the legislature. CONSENT AGENDA May 3, 2022 regular and recessed meeting minutes Payment of Bills Page 3 of 7 City Council Meeting May 17, 2022 2022 Cruisin' on the Croix Car Show Event Application and Contract Portable Restroom Contract Public Works Facility Flooring Project Contract Agreement Retiree Medicare Insurance Reimbursement - Resolution 2022-069 Water Sprinkling Restriction Ordinance Amendment - 2nd reading of Ordinance 1182 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case No. 2022-13 to consider a request by Michael Koch of PMI Homes, Inc, and Steve and Lynn Thren for a Preliminary and Final plat to split 516 Myrtle St W into two separate lots. - Tabled from May 3. 2022 City Council Meeting. Community Development Director Gladhill stated that the owners of 516 Myrtle St W have applied for a subdivision by way of standard plat. The Planning Commission recommends approval of the Plat. Councilmember Junker asked about parking concerns voiced by a neighbor; and Mr. Gladhill answered that after the subdivision the lots will still have sufficient parking on site. Mayor Kozlowski opened the public hearing. There were no public comments. He closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2022-070, A Resolution Approving a Preliminary Plat for Myrtle View (Case No. 2022-13) and Resolution 2022-071, A Resolution Approving a Final Plat for Myrtle View (Case No. 2022-13). All in favor. Case No. 2022-32 to consider vacating public drainage and utility easements on property located at 8457 Marylane Ave N. Public Works Director Sanders explained that the City is proposing to vacate the drainage and utility easement located at Lot 3, Block 1 Marylane Gateway Addition. The easement was proposed to the City due to the enlarging of the infiltration basin on the development site but was recorded at the County without prior City approval. Under terms of the Developers Agreement, ownership and maintenance of the basin is the Homeowners Association responsibility, and therefore a public easement is not necessary. Staff recommends that Council approve the vacation of the drainage and utility easement. Mayor Kozlowski opened the public hearing. Kevin Pechumer, 8375 Marylane Avenue, voiced concern that vacation of the easement could allow a future landowner to truck in dirt and create more surface, pushing water onto nearby lots. He would like an environmental impact study done. Mr. Sanders answered that vacating the easement is not impacting the infiltration basin that was installed which is the homeowner association's responsibility. Mayor Kozlowski closed the public hearing. Page 4 of 7 City Council Meeting May 17, 2022 Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2022-072, A Resolution Vacating a Public Drainage and Utility Easement Located Within the City of Stillwater, Minnesota. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Alcohol in City Parks - Ordinance 1st Reading City Administrator Kohlmann explained an ordinance that would permit alcohol consumption without a permit at all City Parks except Teddy Bear Park. Consumption would be allowed in parking lots, except during a special event. No glass bottles would be allowed. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt first reading of an Ordinance amending Chapter 48, Article 1, Section 48-4 and Section 52-15 of the City Code of the City of Stillwater. All in favor. Chestnut Street Plaza Project Update Public Works Director Sanders stated that three bids were received for the Chestnut Street Plaza Project. Pember Companies submitted the low bid in the amount of $3,240,948. The engineer's estimate was $2,803,782. With design and engineering, the total cost of the project is estimated to be $3.65M. The City has committed funding in the amount of $2.625M ($2.25M from MnDOT and $400K from TIF sources), leaving a shortfall of $1.025M. Potential funding sources of this shortfall include additional funding from the City and the Minnesota Legislature, where the City is requesting up to $6.0M in the bonding bill to fund riverfront projects, including the Chestnut Street Plaza Project. The amount from the State should be known soon. Staff is recommending that additional funding sources be explored. Pending viable sources, including the bonding bill, staff will report back at the June 7 Council meeting with an update and possible award of the contract to Pember Companies. Joint Powers Mutual Aid Agreement for Public Works Personnel and Equipment Mr. Sanders stated that the purpose of this agreement is to provide a process for local units of government to share public works personnel and equipment with participating agencies. There is no membership or fixed cost to participate in this public works mutual aid pact. The City Attorney has reviewed and this agreement and had no issues. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2022-074, Authorizing the Public Works Mutual Aid Pact. All in favor. General Obligation Capital Outlay Bonds Sale Elizabeth Bergman, BakerTilly, reported that four bids were received on this morning's bond sale of $3.96 million for various capital improvements. In the last year interest rates have gone up significantly. She recommended the award of the bonds to Piper Sandler at a true interest cost of 2.97%. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2022-073, Resolution Accepting Proposal on the Competitive Negotiated Sale of Page 5 of 7 City Council Meeting May 17, 2022 $3,965,000 General Obligation Capital Outlay Bonds, Series 2022A, Providing for their Issuance and Levying a Tax for the Payment Thereof. All in favor. Stillwater Police Department Participation in the Minnesota Law Enforcement Support Office Program Chief Mueller explained the program which will help provide protective gear for officers. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2022-075, A Resolution Supporting and Authorizing Participation by the Stillwater Police Department in the Minnesota Law Enforcement Support Office Program. All in favor. Public Parking Ramp/Lowell inn Safety Improvements Mr. Kohlmann explained the options for deterring climbing at the parking ramp and Lowell Inn roof. Staff recommends Option 1, demolition of the existing block and brick pier which is decorative, as it seems to be the stepping point for gaining access to the roof. Construction of a four -foot masonry wall above the existing concrete, five feet longer than the Lowell Inn corner, painting and capping and caulking between buildings. The cost of Option 1 would be approximately $17,820. Staff also recommends adding five more cameras at a cost of $16,712 for a total project cost of approximately $34,532. Mayor Kozlowski asked if the cameras would allow someone to act immediately if vandalism is occurring; and Police Chief Mueller answered that it would not be monitored live footage. It would be used as evidence after the fact. IT Manager Holman added there are already many cameras in the ramp. Four of them are inside, more to cover graffiti and not the problem with the Lowell Inn roof. Councilmember Junker inquired if this proposal will be presented tomorrow at the Heritage Preservation Commission meeting. It has been 11 months since the Lowell Inn first notified the City that kids are climbing on the roof and it is a recurring issue. Councilmember Polehna agreed he would like to proceed as he gets many calls on this issue. Councilmember Collins asked what is the City liability if someone is injured; and City Attorney Land answered that the City could be brought into a lawsuit, but climbing on a roof could be considered an open and obvious danger. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve Option 1, and to have a general discussion on cameras in the City at the next meeting. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna offered kudos to staff on the Riverbank Stabilization Project. He would like to have a Trail Reopening Celebration August 13. Council agreed to support the celebration. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 9:03 p.m. Page 6 of 7 City Council Meeting May 17, 2022 Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022-069, Approving 2022 Group Medicare Insurance Reimbursement Resolution 2022-070, A Resolution Approving a Preliminary Plat for Myrtle View (Case No. 2022-13) Resolution 2022-071, A Resolution Approving a Final Plat for Myrtle View (Case No. 2022-13) Resolution 2022-072, A Resolution Vacating a Public Drainage and Utility Easement Located Within the City of Stillwater, Minnesota Resolution 2022-073, Resolution Accepting Proposal on the Competitive Negotiated Sale of $3,965,000 General Obligation Capital Outlay Bonds, Series 2022A, Providing for their Issuance and Levying a Tax for the Payment Thereof Resolution 2022-074, Authorizing the Public Works Mutual Aid Pact Resolution 2022-075, A Resolution Supporting and Authorizing Participation by the Stillwater Police Department in the Minnesota Law Enforcement Support Office Program Page 7 of 7 CITY OF STILLWATER LIST OF BILLS A&K Construction Ace Hardware Adam's Pest Control Advance Auto Parts All American Arena Products AMI Consulting Engineers PA AT&T Mobility 8509 AT&T POS Backgroundchecks.com BCA Training Bell Excavating BHE Community Solar Brightly Software CDW Government Inc. Century Link Certified Crime Fighter Cintas Corporation City of Maplewood Clog Un-Boggler Inc. Cole Papers Core & Main Corval Constructors County Materials Corporation Cub Foods Curb Masters Inc. Dalco Dell Marketing L.P. ECM Publishers EH Renner & Sons Emergency Apparatus Maintenance Emergency Automotive Ferguson Waterworks #2518 Force America Foxit Software Inc Gertens Wholesale Golden Expert Services Goodyear Commercial Tire Gopher State One Call Inc. Grainger Granicus Inc Group Medicareblue RX Guardian Supply Hawkins Inc Heritage Printing Inc. Holiday Companies City Hall Repairs Supplies Park Restrooms Battery Paint Riverbank Stabilization Cell Phone Cell phone tracking Back ground checks Training Gate valve replacement Solar Energy Asset Essentials Computer equipment Telephone Subscription Uniforms East Metro Training Facility Unclog toilet Tissue & towels Hydrant oil Equipment repair Materials Party tray muffins and fruit Concrete pavement Floor scrubber & supplies Desktop replacements Publications Well 9 repairs Vehicle repair charges Strobe Driveway Covers 5MB Flat Data Plan Foxlt Downtown flowers Janitor Service Equipment repair Locates Roof hatch fall protection Qtrly web streaming service Retiree Prescriptions Ins Uniforms Chemical fittings Printing services Vehicle washes Page 1 35,210.00 1,100.86 398.00 370.67 920.00 16,652.50 33.67 95.00 260.55 350.00 6,600.00 4,342.99 1,615.00 3,770.61 505.03 1,584.00 619.48 1,350.00 150.00 215.45 226.70 772.21 2,775.00 116.66 10,501.00 15,722.60 4,305.70 104.50 36,917.52 10,469.09 172.26 1,510.80 140.00 931.09 1,120.50 4,000.00 1,487.44 567.00 2,244.30 2,123.31 9,646.00 399.97 1,329.56 3,271.95 25.00 Holiday Credit Office Huebsch Service IState Truck Center ITL Patch Co Inc Junker Brad Keys Well Drilling Company Kirvida Fire Inc. Kraft Mechanical Lakeview Hospital Lawson Products League of MN Cities LegalShield Lemoine Chyrisse LeVander Gillen Miller PA Linde Gas & Equipment Lindstrom Solar LLC Loffler Companies Lynn Peavy Company MacQueen Equipment Inc. Mansfield Oil Company Marshall Electric Company Martin -McAllister Consulting MCFOA Melstrom Jeff Menards Metropolitan Council MidAmerica Inc Midwest Machinery Co Miller Excavating Minnesota Paving & Materials MN Dept of Health MN Ice Arena Mgr Assoc Mueller Brian My Alarm Center Northern Salt Office Depot O'Neill Electric Overhead Door Co Performance Plus LLC Pioneer Press St. Paul Plant & Flanged Equipment Pomps Tire Service Inc. Pro-Tec Design Quadient Leasing Quill Corporation RiedelI Shoes Inc. Ries Farms LLC Fuel Mat cleaning service Equipment repair supplies Chevrons Reimburse for expenses Well 6 Vehicle repair Pioneer Park exhaust fan repair Legal blood draws Fleet repair supplies Harassment prevention Data Breach Recovery Reimburse for lunch for reserves Professional Service Cylinders Solar Energy Telephony labor Supplies Display unit Fuel Power pole at Boutwell & Maryknoll Personnel evaluation Membership Beth Dawn Jenna Reimburse for work boots Supplies Monthly SAC Waste processing Equipment repair supplies Class 5 Asphalt Hospitality Fee Spring workshop Reimburse for conference lodging Alarm Monitoring Calcium chloride Office supplies Power for new lighting Glass doors Drug screen Publication Equipment repair supplies Tires Equipment repair Postage machine lease Office supplies Skates Dirt fill disposal Page 2 81.19 672.14 376.07 277.50 67.98 31,573.50 6,476.32 342.00 50.00 248.99 10.00 77.70 69.83 17,534.61 60.29 5,336.92 1,711.25 420.95 2,842.05 13,750.65 175.00 3,900.00 150.00 200.00 2,073.30 4,920.30 922.55 191.60 260.43 1,684.36 40.00 150.00 466.65 5.25 1,192.00 197.80 12,847.36 1,275.00 180.00 57.34 963.30 2,836.80 5,646.61 455.01 335.61 376.03 788.72 River Valley Printing Inc. Robole Donna Safe Fast Inc Schmid Jenna Sentry Systems Inc. Sherwin Williams SHI International Corp Simplifile LC Stillwater Motor Company Telemetry and Process Controls TKDA Toll Gas and Welding Supply Tri-State Bobcat Tru Green Turnout Rental LLC Valley Canvas Verizon Wireless Vinco Inc Walmart Community Washington County Recorder Waste Management Water Conservation Services Inc Wolf Beth Wruck Sewer & Portable Rental WSB & Associates Inc. Xcel Energy York International Corp Zarnoth Brush Works Inc. Ziegler Inc. LIBRARY 16 Wins Ace Hardware Amazon Business American Library Association Baker and Taylor Brodart Co Calyx Design Group Card Source Chan Karen Cole Papers Comcast Dalco Huebsch Service Jacobsen Aurora Menards Business cards Reimburse for expenses Marking flags Reimburse for MMCI conference expenses Alarm monitoring Striping Subscription Email Protection Filing fee Vehicle repair charges Annual Log -Me -In Chestnut St Civic Plaza Cylinders Equipment repair supplies Lawn service Turnout rental extension Repair banners Wireless Service Repair underground lighting circuits Supplies Annual Assessment Fees 30 yd Rolloff 216 5th St N Water Leak Detection Reimburse for IIMC conference hotel & meals Rental MS4 Services Energy Material Gutter brooms Equipment repair supplies Website Maintenance Janitorial Supplies Supplies PLA Benchmark Subscription Programs Materials 4th St Lawn Library Cards Programs Custodial Supplies Internet - May Cleaning Supplies Towels & Rugs Staff Reimbursement Janitorial Supplies l Page 3 98.00 467.85 432.25 741.16 140.85 102.02 4,010.00 50.25 868.23 299.00 3,713.30 48.11 872.26 126.00 180.00 312.00 3,336.14 4,650.00 504.66 135,713.71 2,327.23 830.20 1,072.91 73.00 822.75 48,932.34 1,212.26 3,020.00 280.00 380.00 44.74 810.96 400.00 22.22 4,801.48 4,350.00 662.91 700.00 188.42 188.10 795.26 128.07 170.00 35.44 Midwest Tape Mobile Beacon Office of MN IT Services Otis Elevator Company Paper Roll Products Petrie Angela Pioneer Press St. Paul Scholastic Inc Shasken Stephan Stillwater Printing Co. REFUNDS Cassavante Michelle Hase Christy Knickel Traci Melander Bobbie Micron Mechanical Patterson Taylor Torseth Peter Two Bold Guys LLC Vinar Benioff Kristin Materials Hotspots (SPLF) Phone - April Maint Agreement Custodial Supplies Staff Reimbursement Materials - Newspaper Programs Programs Programs Park Fee Refund Park Fee Refund Park Fee Refund Park Fee Refund Refund of cancelled contractor license Park Fee Refund Park Fee Refund Refund cancelled permit for plan review Park Fee Refund Page 4 751.50 1,320.00 148.35 618.06 173.88 254.61 705.00 1,013.20 350.00 895.00 175.00 45.00 50.00 135.00 100.00 50.00 85.00 413.70 50.00 iliwater THE BIRTHPLACEOFMINNESOTA DATE: May 26, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: 2022 Street Improvement — Saw Cutting Contract BACKGROUND The City council in their regular meeting on April 19, 2022 awarded the 2022 street reconstruction project to Miller Excavating, Inc. The project included removal and replacement of existing damaged or heaved sidewalk panels. In an attempt to reduce the cost of the project, Staff has contacted Safe Step LLC, to provide a quote for shaving heaved panels rather than replacing them. Safe Step LLC conducted a field investigation and produced an estimate for all the panels they can cut and bring back to be ADA compliant, this will save time and cost less rather than removing and replacing these same panels. RECOMMENDATION Staff recommends approving the contract for work on the 2022 Street Improvement Project — Saw Cutting with Safe Step, LLC. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2022 STREET IMPROVEMENT PROJECT — SAW CUTTING. Project: 2022 Street Improvement Project; Stillwater 2022 Saw -Cutting fillwatera T P E VRTHPIIII OF MINNLSOIA AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 26th day of May, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Safe Step, LLC., 130 Industrial Park Ave, Hortonville, WI 54944 ("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 5/26/22 , 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. 4. TERMINATION AND REMEDIES. 1 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. 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 Reabar Abdullah 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 Cohl Kerkau 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 2 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 If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Reabar Abdullah following addresses: If to Contractor: Safe Step, LLC. 130 Industrial Park Ave Hortonville, WI 54944 Attention: Cohl Kerkau Or e-mailed: rabdullah@ci.stillwater.mn.us Or emailed: cohl@notrippin.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 MINNESOTA ) ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this of , 2022 by Joe Kohlmann, City Administrator and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF Notary Public Commission Expires: _/_/ Commissioned At: COMPANY NAME By: By (Please Print): Title (Please Print): ) ss. The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: _/_/ Commissioned At: 4 Sidewalk Repair Proposal Presented to: Reabar Abduilah City of Stillwater Stillwater 2022 Saw -cutting May 26, 2022 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. Introduction &litgp.LLC 4 Safe Sidewalk Solutions 4',' SAFE May 26, 2022 Reabar Abdullah City of Stillwater Reabar, Thank you for the opportunity to present this proposal for sidewalk trip hazard repair based on our survey of your sidewalk area. Reframe 1. Safe Step LLC performed a site survey of all of the sidewalk on the property 2. The evaluation identified sidewalk and curb defects that presented a tripping hazard and were appropriate for saw -cutting repair based on the identification criteria outlined on page 2 3. The evaluation also identified sidewalk defects that would require alternative repair methods Notable Proposal Contents Page 2: Evaluation criteria used to perform the survey • Page 3: Defect location map and survey summary • Page 4: Pricing Information • Page 5: Cost savings analysis Page 8: Proposal Acceptance Please let me know if you have any questions. We look forward to serving your needs. Cohl Kerkau Project Manager PO Box 411 Hortonville, WI 54944 612.910.4354 cohl@notrippin.com Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 1 CJL1L4rLLC Safe Sidewalk Solutions NO0011A1 e.r, nku. Concrete Cutting Affif(ere Sidewalk Evaluation Criteria Defects Appropriate for Saw -Cutting: Offset Range: 1. Minimum height: 3/8" 2. Maximum height:1" 3. Sharp edge: NO Where an offset exists. saw -cut if: 1. Cutting to sunken panel: YES 2. Waterpooling: NO 3. Caused by tree: YES 4. Negative cross -slope: YES 5. Positive cross -slope: YES 6. Panel contains fractures: YES, no more than 2 and no gap over 1/2" wide 7. Displacement is a crack: YES 8. Panel is spalled: NO 9. Sidewalk joint is decayed: YES 10. Curbing: NO 11. Defect is on bridge structure: NO Evaluate sidewalk joints parallel to the walking path: NO Evaluate ramps for saw -cutting: NO Identified saw -cutting defect marking: Numbered with paint stick Defects Not Appropriate For Saw -Cutting Defects with an offset range exceeding the maximum above or not meeting other criteria for saw -cutting will be reported as requiring an alternative repair method. Altern-tive repair method defect marking- Do not mark Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 2 SAFE 41111411c0100 Safe Sidewalk Solutions Defect Location Map STEP LLC The map below indicates the approximate locations of sidewalk defects suitable for saw -cutting repair. ',tf•de 5411w Wttt rn•!,net Wetl • •• • ),A CSAH 5 i • ■ ,MYya wet t s a' ■ ■ NA°. sure, NMSt ►cn Lakeview Hospital aM Streit Wee r WdIa o Arcet.Wett Anderson Street.Wosl a ■ Church. Weal/Vest 5 g 42 HanCo 5 Street W 4I CS— AAH23 �ekl StteN so • • .„,„ 1 • urwa, Due to the limitations of GPS mobile app technology, the locations shown above should be relied upon as approximate to their actual locations. Map Data: Google Survey Summary 1. The survey was performed on 05-2-22 2. 307 total sidewalk defects were identified 1. 236 were suitable for saw -cutting 2. 71 require alternative repair Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notriopin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 3 VP7/ I V1L 1111111c000.1 Safe Sidewalk Solutions n hnn�nn [arvrrr (wrng nry.�rc+rr Cost Savings Analysis The survey indicated that 236 trip hazards would require the removal & replacement of approximately 9,936.10 ft2 of sidewalk. At an average removal and replacement cost of $12/ft2, the total would be $119,233.20. The cost of saw cutting using Safe Step LLC would be $19,433.62, a savings of $99,799.58 Total Trip Hazard Repairs: 236 Remove and Replace Cost: $ 119,233 Safe Step Cost: $ 19,434 Cost Savings: $ 99,799 Saving money is important, but it's not the only thing... We use a patented system to remove the unwanted concrete and leave behind an ADA compliant (12:1) slope. In fact, we can repair a trip hazard in about 20 minutes from start to finish. So there's no need to close off the area or tear up any sidewalks. And our equipment is lightweight. The whole system fits inside of a 3' sidewalk. This prevents damage to surrounding lawns or landscaping. Our technicians are experts at repairing sidewalks. But they're also encouraged to communicate with any residents who have questions. ENVIRONMENTAL IMPACT EXAMPLE' As a member of the U.S. Green Building Council (USGBC) we are proud of the fact that we reduce the impact to landfills and the environment as a result of our service. Removing and replacing 100 panels would result in approximately 118,500 pounds or 59 tons of concrete being removed (average panel weight of 1185 pounds) Using Precision Concrete Cutting for 100 trip hazards results in 0 3 tons of concrete removed and recycled, approximately 141 gallons of gasoline saved, and a reduction of 1.3 metric tons of Co2. Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 4 of l Safe Sidewalk Solutions 14114111c000 err; ,,ron C.W.O.'Cranny y/.Lm The Safe Step Approach LLC I' Specifications 1. Repairs will be tapered to a 1:12 slope ratio and taken to a zero point of differential between adjoining sidewalk panels along the full width of the sidewalk, in accordance with ADA standards. 2. Repairs shall have a smooth and uniform finish with a coefficient of friction meeting OSHA requirements and shall not impact adjoining sidewalks, driveways, landscaping, or other objects within the vicinity of the work. 3. In instances where sidewalk conditions do not permit a 1:12 slope ratio, repairs will be made with the shallowest slope possible for the given sidewalk condition. • Clean-up 1. All saw -cutting will be performed without water-cooling; No slurry will be created eliminating the risk of "tracking" and run-off water contamination. 2. Saw mounted dust abatement systems will be used to minimize airborne dust. Containment systems are designed for fine dust applications. 3. Debris and concrete shall be cleaned from the sidewalk surface as well as surrounding rails, sidewalks, driveways, landscaping, or other objects within the vicinity of the work. • Reporting 1. Upon completion of the project, Safe Step LLC will provide a detailed and audit -able report. This report will include the street address or location, dimensions, and GPS coordinates of each repair made. 2. An invoice for payment will be provided when the projected has been completed. Payment in full is due 30 days from the date of invoice. Late payments may be subject to a $30 re -billing fee. Safety and Insurance 1. Safe Step LLC employees who work directly in slab displacement repair undergo a rigorous training process with emphasis on safe work practices, OSHA -approved personal protection equipment, and quality workmanship. It is not uncommon for our clients to receive unsolicited compliments on our safety practices and the quality of the work performed. 2. Safe Step LLC is fully licensed and insured. Proof of auto, liability, and workers compensation insurance are available upon request. • Proprietary Technology 1. Safe Step LLC is the only entity in Wisconsin, Northern Illinois, and Southeast Minnesota authorized to use the Precision Concrete Cutting method for removing sidewalk trip hazards as described by the following patent numbers: U.S. Pat. No. 6,827,074, U.S. Pat. No. 7,000,606, U.S. Pat. No. 7,143,760, U.S. Pat. No. 6,896,604, U.S. Pat. No. 7,201,644, U.S. Pat. No. 7,402,095. These patents refer to the equipment, methods, and dust abatement systems used by Safe Step LLC. A sole source letter is available upon request. Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.conl Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 5 SAFE Ir tLC Safe Sidewalk Solutions A •+HiLm Concrete Curving Affiliate Our Result Before Before After Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 6 Safe Sidewalk Solutions 11111111c01101a »rrniarr [onnere Cuffing Affiliate Proposal Acceptance •• Financial Parameters 1. Financial Parameters 1. The total cost of the reporting and saw -cutting repairs will not exceed $19,433.62 2. Safe Step LLC will accept full responsibility for any project cost overage, provided that the scope of the project is not altered once the project begins. Any requested change in scope will be fully discussed and approved by the City of Stillwater prior to the start of the work on the revised area. If this proposal is acceptable, please complete and sign below. We will contact you upon receiving this form to schedule your project. Cost: $19,433.62 Proposal #: 201369 Due to the ongoing supply chain issues and labor availability, the pricing in this proposal is only valid until June 30, 2022. Billing Contact Name: Billing Email Address: PO Number: Approved by: Does this project require prevailing wage?: Signed: 0Reabar Abdullah Client Notes: Title: Date: For a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the above signed hereby agrees to defend, indemnify, and hold contractor harmless with respect to any and all liability whatsoever arising from contractor's activities in attempting to repair concrete sidewalk and other slabs owned by the above signed or within the above signed's dominion and control, and to defend, indemnify, and hold harmless contractor with respect thereto. Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 7 Water T H E BIRTHPLACE OF MINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Alcohol in City Parks without a Permit — Second Reading BACKGROUND Attached is an ordinance that would permit alcohol consumption without a permit at all City Parks except Teddy Bear Park. Consumption would be allowed in parking lots, except during a special event. In addition, no glass bottles would be allowed per the attached Ordinance language. ACTION REQUESTED Motion to approve the second reading amending Section 48 and Section 52. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1183 AN ORDINANCE AMENDING CHAPTER 48, ARTICLE I, SECTION 48-4, AND SECTION 52-15 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING ALCOHOL IN CITY PARKS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 48, Article 1, Section 48-4 of the City Code, Consumption and possession of intoxicating liquor and 3.2 percent malt liquor in City of Stillwater Parks, is hereby repealed and replaced as follows: Sec. 48-4 — Consumption of alcohol in City Parks Subd. 1. Consumption of alcohol generally allowed. The consumption and possession of alcohol in non -glass bottles is generally allowed in all City parks within the City of Stillwater, except where provided below. Subd. 2. Prohibited in Teddy Bear Park. No person may consume or possess alcohol in Teddy Bear Park. Subd. 3. Special Event Exception. The permission to consume or possess alcohol in City parks does not include Special Events that offer the sale of alcohol and consumption in a compact and contiguous space. In the case of a Special Event that sells alcohol, no one shall consume or possess alcohol that was purchased outside of the Special Event or in areas other than where it is allowed during the Special Event. SECTION 2 AMENDMENT. Chapter 52-15 of the City Code, Consumption and possession of liquor in public places, is hereby amended as follows: Sec. 52-15. - Consumption and possession of liquor in public places. Subd. 1. Unlawful consumption. It is unlawful to consume intoxicating liquor or nonintoxicating malt liquor on any public sidewalk, public street or public parking area within the limits of the city, except as allowed pursuant to City Code §48-4. Subd. 2. Unlawful possession. It is unlawful to have in possession on a public street, a public sidewalk or public parking area in the city intoxicating liquor or nonintoxicating malt liquor in an open container used for consumption, except as allowed pursuant to City Code §48-4. Subd. 3. Violation. Any person violating this ordinance is guilty of a misdemeanor. Subd. 4. Section 52.15 does not prohibit the possession or consumption of alcoholic beverages by passengers in a vehicle that is operated for commercial purposes in a manner similar to a bicycle by passengers who provide pedal power to the drive train of the vehicle. SECTION 3 RESOLUTION 2007-217 AMENDMENT. Pursuant to the ordinances contained herein, Resolution 2007-217 shall be amended by deleting the following language regarding Alcohol in the Parks: Permit--to-Consume A nor ,+ fo Consume (fee $35) for the consumption of any typc of alcohol in the parks is required. Conta Police Officer Required: If there are more than 75 -peopl l—is—ava4ablc, you am required to hire one of the- City's-pelf e officer This fee is raid threctly to the officer. Toeschedule an officer for your event- +-Rta stoic Police Department at (551) 351 1900 MerRd-ay —Friday Q a :30 pm. SECTION 4 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance allows the possession and consumption of alcohol in non -glass bottles at all City parks except Teddy Bear Park. No permits will be required. The permission to possess and consume alcohol may be limited for certain Special Events that sell alcohol. SECTION 5 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 7th day of June 2022. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk 2 Ted Kozlowski, Mayor iliwater THE BIRTHPLACE OFMINNESOTA DATE: May 31, 2022 TO: Honorable Mayor and City Councilmembers FROM: Nick Chaves, Street Superintendent SUBJECT: 2022 Seal Coating of Curve Crest Blvd. BACKGROUND City staff received bids from three companies for seal coating Curve Crest Blvd. from Stillwater Blvd. to Northwestern Ave. The project was bid as three sections, due to budget only sections one and two will be completed this year. Low bidder on the project was Pearson Bros., Inc. at $53,722.70. Funding for this project will be paid out of the Streets operating budget. RECOMMENDATION Staff recommends approving the contract for work on the 2022 Seal Coat Project with Pearson Bros., Inc. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2022 SEAL COAT PROJECT CURVE CREST BLVD. Project: 2022 Seal Coat ti liwatet: TM F B': ATH PI A I F OF MINNt SO! A AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 24'h day of May, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Pearson Bros., Inc. , 11079 Lamont Ave NE, Hanover, MN 55341 ("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 5/5/2022 , 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 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. 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 Nick Chaves 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 Jack Pearson to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members 2 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. 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 If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Nick Chaves the following addresses: If to Contractor: Pearson Bros., Inc. 11079 Lamont Ave NE Hanover, MN 55341 Attention: Jack Pearson Or e-mailed: nchaves@ci.stillwater.mn.us Or emailed: missy@pearsonbrosinc.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. 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 MINNESOTA ) ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this of , 2022 by Ted Kozlowski, Mayor and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF Notary Public Commission Expires: _/_/ Commissioned At: COMPANY NAME By: By (Please Print): Title (Please Print): ) ss. The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: _/_/ Commissioned At: 4 Jfflwater Dymtm.flt 1J dia W.xiu City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4103 651-275-4112 Fax nchaveqa?ci. stillwater. mn. us 2022 City of Stillwater Seal Coat Project Curve Crest Blvd Bid Proposal The project is divided into three sections. Whether or not all three sections will be included in the final plan will be determinded by budgetary restraints. Item # Item Unit Quantity Unit Price Amount 1 Section #1 - Stillwater Blvd to Washington Ave 1- A CRS-2P POLYMER EMULSION GAL 4,438 Li, t ill 07, ? 0 1-B FA-2 CL. A AGGREGATE SY 15,463 ,15 /, PO. SY Total Section # 1 - - - I,4I 410, ? f 2 Section #2 - Washington Ave to Northwestern Ave 2-A CRS-2P POLYMER EMULSION GAL 2,856 1[, qO / a, AG 0 2-B FA-2 CL. A AGGREGATE SY 9,983 . T5 y g y j, 77 Total Section # 2 - - - 2 i sr/ . i f 3 Section #3 - Northwestern Ave to Greeley Street 3-A CRS-2P POLYMER EMULSION Gal 3,525 4 4Q ! 3 ffa.Od 3-B FA-2 CL. A AGGREGATE SY 12,065 , /S /bl a SS, ;F Total Section # 3 - - _ - 2 f ?tr. 2 i+ GRAND TOTAL Contractors Anticipated Start Date &ARI 1 1"t)Iy -1q/y8?.gS - Bids must be received no later than 3:00 pm on Wednesday May 18th, 2022. - Bids may be submitted by mail, email, fax or in person to City Hall at above address, Attn: Nick Chaves - Resposible Contractor Verification and Certification must be submitted with the Bid. - Bids should be labeled: 2022 City of Stillwater Seal Coating - Mobilization and Traffic Control incedential to bid prices. - Project specifications will be governed by MnDOT 2022 Spec Book, Specification 2356 for Bituminous Seal Coat. - Please provide any additional comments, modifications, or suggestions to the bid prior to bid due date. - Questions contact Nick Chaves at 651-275-4103 or nchaves@ci.stillwater.mn.us - The City reserves the right to add or subtract quantities. - IC 134 must be submitted prior to final payment. - The work Shall be done on or before August 26, 2022. Date: Name: nature: Title: tkO,t OW Kier Company Name: 11(. PPC1iAok) Address: Phone: Email Address: P e Q Y O Li Bras • ,U � 1-1coumien Mid .mi3L1.1 otAga ivi;.;jvilperarsimbrosinc- ram + a aCi town Oalndge Rd f ty 3 Lab? tlementery Scheidt 411 c OM SO Drititwome 3 Section #1 Stillwater Blvd To Washington Ave Seth ,St N eN fite 1 Section #2 Washington Ave To Northwestern Ave To , DrW • 4 e+cStYir v 1.i ' Pine St_W thy take Lily Lave Park 4 Oi$eani St W Section #3 Northwestern Ave To Greeley Street 1 IRiverHaights Plaza Fitintage Rd W SQth St.N a... aeith i N Sd" St.N 5Qh St.H "I � � w we, __11Vth1rd Si IN _ _ . bboit-5LW - awrcnlls StW Lakeview Ar.deeswsStW Hosprtil v1 Stillwater Junior llltg Scher Ridge 4retatt Dr Park Shelton Dr 1 ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: ( U r v.e Ore,4 s.9ea 1 (' nrL Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn, Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) (2) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* Rev. 11-13-2014 Page 1 of 6 (3) (4) (6) (7) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;" The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. The contractor or related entity is not currently suspended or debarred by the federal govemment or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors_ A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Rev. 11-13-2014 Page 2 of 6 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) I have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorized Ignature of 0 ner or Officer: Title: PCP. Q r i� Company Name: Printed Name: a� E . Pe_cir,Se Date: a -a, NOTE: Minn. Stat, § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. Rev. 11-13-2014 Page 3 of 6 PROJECT TITLE: ATTACHMENT A-1 FIRST TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE r rf Yt/P reSf ,R1 Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. FIRST TIER SUBCONTRACTOR NAMES Name of clty where company (Legal name of company as registered with the Secretary of State) home office is located Rev. 11-13-2014 Page 4 of 6 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMITASSUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: C Uri/el L r C- E i Ur • leaf I £nR- This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5. ... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.... ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) home office is located Rev. 11-13-2014 Page 5 of 6 iljwater THE BIRTHPLACEOFMINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: 2022 Pressure Reducing Valve — Lily Lake Engineering Services Contract BACKGROUND TKDA will be providing Engineering services for work on a pressure reducing valve at the Lily Lake water tower (next to Lily Lake Elementary School). TKDA provided the City with a quote for work for $20,000.00. Funding for this project will come out of the Utilities Capital Outlay budget. RECOMMENDATION Staff recommends approving the contract for engineering services with TKDA for work on the 2022 Pressure Reducing Valve — Lily Lake project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR ENGINEERING SERVICES WITH TKDA ON THE 2022 PRESSURE REDUCING VALVE — LILY LAKE PROJECT Project: Pressure Reducing Valve -Lily Lake AGREEMENT FOR Engineering Services PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 31 ' day of May, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and TKDA, 444 Cedar St., Suite 1500, UBS Plaza, St. Paul, MN 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 following documents: i. A proposal dated 3/25/2022, incorporated herein as Exhibit A; b. Consultant 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. 2. PAYMENT. a. City agrees to pay and Consultant 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 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 on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement is identified in the Exhibits. 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. 1 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 the Exhibits. 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. 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson , 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 Consultant has designated Matt Ellingson, 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. Consultant may not remove or replace the 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, 2 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 and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, 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 drawing details, 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: Robert Benson Or e-mailed: rbenson@ci.stillwater.mn.us If to Consultant: TKDA 444 Cedar St., Suite 1500. UBS Plaza St. Paul, MN 55101 Attention: Matt Ellingson Or e-mailed: matt.ellingson@tkda.com 3 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 agreement of the parties. 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 party'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. 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. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: CONSULTANT By: Its: Date: 4 TKDA Project Fee Estimate Client City of Stillwater Date: 3/25/2022 Project: Lily Lake Pressure Reducing Valve Statical By: MRE Task Estimated Person Hours Required Totals Task Description nap. Enpr. Sr. Rep. Emir. Grad Engr. Tech a Billing Rate&Hr x Multlptor $ 104 $ 189 $ 70 $ 77 A. Design Phase 1 Project Management and Project Meetings 8 2 10 2 Site Visits 4 4 3 Plans and Specifications 60 2 20 4 86 SUBTOTAL HOURS 72 2 22 4 100 SUBTOTAL COST $ 7,488 $ 378 $ 1,540 $ 308 $ 9,714 Expenses: Travel a Subal t ace ITSI $ 50 Miscellaneous (Ml) $ 150 Subtotal $ 9,914 Billing RataH'x Multiplier $ 104 I $ 189 I $ 70 $ 77 B. Bidding Phase 1 Bidding and Contract Award 16 4 20 SUBTOTAL HOURS 16 4 20 SUBTOTAL COST $ 1,664 $ $ $ 308 $ 1,972 Expenses Treys' & Subsistence (TS) Miscellaneous (MI) $ Subtotal $ 1,872 I Billing RatelHr x Multiplier $ 104 I $ 189 I $ 70 I $ 77 C. Construction Phase 2 Construction Administration Services 72 2 4 78 SUBTOTAL HOURS 72 2 4 78 SUBTOTAL COST $ 7,488 $ • $ 140 $ 30B $ 7,936 Expenses: Travel & Subsistence ITS) $ 150 Miscellaneous (MI) $ Subtotal $ 8,066 SUMMARY A. Design Phase 72 2 22 4 100 B. Bidding Phase 16 - • 4 20 C Construction Phase 72 - 2 4 78 TOTAL HOURS 160 2 24 12 198 TOTAL COST $ 16,640 $ 378 $ 1,680 $ 924 $ 19,622 Expenses: Travel & Subsistence (TS) $ 200 Miscellaneous (MI) 5 150 TOTAL $ 19,972 TOTAL (ROUNDED) $ 20,000 ilk THE BIRTHPLACE OF MINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2022 Bridge the Valley Bike Rally Event Application and Contract BACKGROUND The Stillwater Sunrise Rotary Club has completed an event application for the 2nd Annual Bridge the Valley Bike Rally event. This bike rally is proposed to take place on Sunday, August 14th, 2022. There are five possible bike routes which range in distance and difficulty, and all of these potential bike routes are located on both sides of the St. Croix River. The event is expected to have at least 500 riders (potentially 900 or more expected this year), and is capped off at 1,500 riders. The Downtown Parking Commission and the Parks and Recreation Commission both reviewed this application and recommended approval. Along with North Lowell Park and the Trail for the routes, they have requested use of Parking Lots 4 and 5. If Parking Lot 4 is being used for Chestnut Plaza construction staging, they would prefer to use Parking Lot 9 instead of Lot 4. The Stillwater Sunrise Rotary Club will be responsible for all costs associated with the event and will be invoiced for fees based on the current 2022 Fee Schedule (updated and approved May 3, 2022): $100 Application fee $1,000 Security Deposit $400 for Parking Lot 5 (2 days); Lot 4 (2 days) or Lot 9 for 1 day (if Lot 4 is unavailable) $1,000 for the daily alcohol permit ($1,000 x 1 day) $1,000 for Route Events of 4 hours or more $50 for 1-10 Food Vendors ($50 x 1 day) $1,000 for the Base and Load -in Fee ($500 x 2 days for Set Up and Event days) Total = $4,550.00 (plus any other additional City fees or services). ACTION REQUIRED: If Council wishes to approve the event application and contract, they should pass a motion approving the 2022 Bridge the Valley Bike Rally event, approve a Temporary Liquor License and go into a contractual agreement with the Stillwater Sunrise Rotary Club. 2022 BRIDGE THE VALLEY BIKE RALLY EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 7th day of June, 2022 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the STILLWATER SUNRISE ROTARY CLUB, a Minnesota nonprofit corporation (the "Organizer"). WHEREAS, in light of the foregoing, the Organizer wishes that the City will permit The Stillwater Sunrise Rotary Club to organize and conduct a bike rally at Lowell Park and Trails, in August 2022 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Bike Rally agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City's park. 2. Event/Alcohol. Alcohol will be served during this event within the designated event area. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the event area. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: August 13, 2022 Set up: 8 a.m. to 5 p.m. August 14, 2022 Event Date: 6 a.m. to 3 p.m. August 15, 2022 Event Date: 3 p.m. to 7 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The Organizer agrees to pay the City for the use of a parking lots 5, 4 (or 9) according to the current Fee Schedule as designated by the City Council, if needed. Use of City Parking Lots in the event of flooding. The City prefers the association to stage the majority of the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. The use of public parking lots 5 and 4 (or 9, if Lot 4 is unavailable) are approved to accommodate all event activities. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. c. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. d. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. e. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets on the day following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, on the day following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking Tots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide hand washing stations as needed to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 13. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 15. The Organizer hereby agrees to follow the City's Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2022, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. STILLWATER SUNRISE ROTARY CLUB Rick Heidick, President STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss ) Notary Public The foregoing instrument was acknowledged before me this day of 2022, by Rick Heidick its President of the Stillwater Sunrise Rotary Club. Notary Public THE EIETHFLACE OF MINNESOTA EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 3/7/22 Office Use Onfk Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event BRIDGE THE VALLEY - Bike Rally 8/13/22 8:00 AM 5:00 PM Event Date/Time: Set up: Date Time to Actual Event: Date 8/14/22 Time 6:00 AM 3:00 PM to Clean up: Date 8/14/22 Time 3:00 PM to 7:00 PM (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) North Lowell Park and Chestnut Street Plaza Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) 2nd Annual Rotary Bicycle Rally - Multiple bike routes, all starting and finishing at the end of the Lift Bridge in Stillwater. Routes include: 10 mile "family" routes, a 25 mile "fun" route, 45 and 70 mile "challenge" routes, and an 75 mile "gravel" route. All rides have St. Croix river crossings and routes in Minnesota and Wisconsin. After the ride, all participants will be able to park their bikes in a secure "corral" and enjoy after ride treats, food, drink, and live entertainment in North Lowell park. This event is for all ages and levels of experience - with something for everyone. Estimated Attendance (participants and spectators): 500 to 1500 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Stillwater Sunrise Rotary Club Mailing Address: P.O. Box 425 City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Rick Heidick Phone Number: Fax: Cell Phone: Email Address: Website Address: https://sunrotary.org/Page/btv Name of contact person during event: Rick Heidick Cell Phone: Alternate contact during event: Kris Bowditch Cell Phone: Refer media or citizens inquires to: Rick Heidick Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No ■ Yes © Number and size: Two large banners - one at the end of the lift hririnp and nnp npar rhpctniit Plaza CI Will there be any inflatables? No F1 Yes • Insurance certificate from rental vendor is required Bands and singers Fees for electricity may Will there be entertainment? No III Yes MI What type: Instructions apply see Will sound amplification be used? No ■ Yes © Hours and Type: 11:00 AM to 3:00 PM Ranric and cinnprc la There be is not Will a stage or tent(s) be set up? No • Yes g, Dimensions: may a stage (if gazebo used) in North Lowell Park, and there will by Will there be temporary fencing? No F3 Yes ■ How many Expected to have 2 Fees for electrkitymay Will merchandise/food items be sold.7 No IN Yes 0 vendors expected: or 3 food trucks, CI 0pplyseefnstructi0ns Will food be prepared on site? No I Yes • Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No © Yes • Contact Stillwater Fire Department 351-4950 Will alcohol be served but not sold? No ■ Yes © See Alcohol Regulations in the Instructions Will alcohol be sold? No • Yes M See Alcohol Regulations in the Instructions Will there be a fireworks display? No Ei Yes • Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. There will be three main locations for power needs: 1) At the end of Parking Lot #4 - power for computers used for registration, sound speakers, and refrigeration device. 2) At the north end of Parking Lot #5 and North Lowell Park for up to 2 beer vendors and up to 3 food trucks. 3) At a stage in North Lowell Park (or gazebo) for live entertainment Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available Print ads in TCBC and Silent Sports, multiple Facebook and Instagram posts, Nextdoor postings, calendar postings for Explore Minnesota, and Discover Stillwater, multiple handout flyers, sign boards along city bike trails, hopefully TV exposure City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ■ Yes 0 Start/End Time: 6 AM Date: 8/14/22 City Sidewalks or Trails No • Yes I3 Start/End Time: 2 AM - 2 PM Date: 8/14/22 Public Parking Lots or Spaces No • Yes P Start/End Time: 2 AM - 4 PM Date: 8/14/22 Fees may apply Will event need barricade(s)? No ■ Yes 0 Number needed: 3 see Instructions Feesmoyapply Will extrapicnic tables be needed? No ■ Yes F� Number needed: 10-20 see Instructions Fees may apply Will portable restrooms be needed? No ❑ Yes ® Number needed: 10 see Instructions Fees may apply Will extra trash receptacles be needed? No ❑ Yes ® Number needed: 10 see Instructions Describe trash removal and cleanup plan during and after event: Volunteers will police the entire North Lowell Park area and remove trash and trash bags Will event need traffic control? No IN Yes ❑ Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Rotary volunteers will be managing all route starts and finishes and all participant movement along Chestnut Street and North Lowell Park Fees may apply see Instructions Will "No Parking Signs" be needed? No ❑ Yes IKI Number needed: 4 Show location(s)onsite map Will event need security? No ® Yes ❑ If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: N/A Will event need EMS services? No ❑ Yes ® Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Will have EMS volunteers stationed in the registration area for the entire event and will be on -call for traveling out onto the routes for other emergency needs Describe the emergency action plan if severe weather should arise: The event will be held whether rain or shine. Weather predictions will be monitored closely and any inclement weather anticipated during the event will have estimated risks to participants defined and appropriate management of the course and monitoring of the participants will be done by event directors. List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the informari ravided in this appli on. I realize my submittal of this application request constitutes a contract between myself and the City° St/llwo rand j�arl ofLibifl Signotur of Applicant or Authorized Agent 3/Z 5z/Zz Date BTV2-2022 Downtown Stillwater HUB - Layout #1 (no Chestnut St. Construction) BTV2-2022 Downtown Stillwater HUB - Layout #2 (with Chestnut St. Construction — no use of Parking Lot #4) Beer Consumption Area illwater THE BIRTHPLACE OFMINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Summer Tuesdays Event Application and Contract BACKGROUND Summer Tuesdays, Inc. has made an application for their 2022 special event permit. As with previous years, the reoccurring community event would occur on Tuesday evenings in Early July to August. Six Tuesday nights are planned between July 5, 2022, through August 9, 2022. This free community event features live music, food and merchandise vendors and a movie in the park. Their event activities include doing the movie in the amphitheater, only using parking lot 5 (the smaller lot) for food vendors and the retail vendors will be in the park. They provide their own barricades and portable restrooms are not required. There is a plan B for high water. They would use the patio area west of the Amphitheater for the band and movie screen. The Water Street Inn's parking lot and city parking lot 5 for the vendors. The event organizers will be invoiced for fees based on the current 2022 Fee Schedule (updated and approved May 3, 2022): $100.00 Application fee (paid) $1000.00 Security deposit (On File) $300 for 1-10 Food Vendors ($50 x 6 days) $600 for Parking Lot # 5 ($100 x 6 days) $3,000.00 for the Base Fee ($500 x 6 days) Total Remaining Due = $3,900.00 ACTION REQUIRED: If Council wishes to approve the event application and contract, they should pass a motion approving the 2022 Summer Tuesdays event application including an exception to the 10 PM noise ordinance and go into a contractual agreement with them. 2022 SUMMER TUESDAYS EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 7th day of June, 2022 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the SUMMER TUESDAYS, INC., a Minnesota nonprofit corporation (the "Organizer"). WHEREAS, in Tight of the foregoing, the Organizer wishes and the City will permit Summer Tuesdays Inc. to organize and conduct to celebrate summer with a Market, Music and a Movie at Lowell Park, in July and August 2022 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Festival agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City's park. 2. Event/Alcohol. No alcohol will be served during this event. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: July 5, 12, 19, 26 and August 2, 9 (6 dates) from 5:00 p.m. to 11:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The organizer is aware and will inform all vendors and event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. Use of City Parking Lots in the event of flooding. The City prefers the Association to stage the event in Lowell Park rather than in public parking Tots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lot for use would be Lot 4. These lots will be available to the Association exclusively on the Tuesday events. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrance on Myrtle Street. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Wednesday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Wednesday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking Tots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 13. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 15. The Organizer hereby agrees to follow the City's Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2022, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. SUMMER TUESDAY'S INC. Cory Buettner, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) Notary Public The foregoing instrument was acknowledged before me this day of 2022, by Cory Buettner its President for the Summer Tuesday's Inc. Notary Public ate THE 6IATNFLACE OF MINNESOTA EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 3/29/2022 Office Use Onfv Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Stillwater Summer Tuesdays DAYS OF EVENTS 1:OOPM 5:OOPM Event Date/Time: Set up: Date Time to Actual Event: Date TUESDAYS: 7/5-8/9/2022 Time S:OOPM to 11:OOPM Clean up: Date DAYS OF EVENTS Time 10:30PM to 11:30PM (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) North Lowell Park Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Summer Tuesdays is a family friendly, FREE community evetn. We have approx. 35-45 vendors, live music and show movies on an inflatable movie screen. Summer Tuesdays is a free, outdoor community event featuring a variety of market vendors, local food, live music and movies perfect for nights out with family and friends. Summer Tuesdays is celebrating 20 years of family fun in downtown Stillwater. Estimated Attendance (participants and spectators): 500-1000 per night. Typically not all at one tiem, but throuc Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Summer Tuesday, Inc Mailing Address: 101 Water Street South City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Cassie McLemore Phone Number: Fax: Cell Phone: Email Address: stillwatersummertuesdays@gmail.com Website Address: www.summertuesdays.com Name of contact person during event: Cassie McLemore Cell Phone: Alternate contact during event: Cory Buettner Cell Phone: Refer media or citizens inquires to: Cassie or Cory Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features they vary, but no larger than 3'x8' Will any signs/banners be put up No • Yes © Number and size: Will there be any inflatables? No M. Yes • Insurance certificate from rental vendor is required Live Music & Movies Fees for electricity may Will there be entertainment? No ■ Yes El What type: Instructions apply see 4:ndPM (depends on when Hours and Type: he Will sound amplification be used? No • Yes © t the movie movie ends) vendor tents - no stage Will a stage or tent(s) be set up? No • Yes g, Dimensions:10x10 Will there be temporary fencing? No F_i Yes IN How many 45 approx Fees for electricity may Will merchandise/food items be sold? No ■ Yes U apply see Instructions vendors expected: Will food be prepared on site? No • Yes 13 Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ■ Yes Contact Stillwater Fire Department 351-4950 Will alcohol be served but not sold? No F3 Yes • See Alcohol Regulations in the Instructions Will alcohol be sold? No M Yes ■ See Alcohol Regulations in the Instructions Will there be a fireworks display? No Ei Yes • Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Boxes in Lot 5, Amphitheater, and possibly Lot 4 (really only if flooding) Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available We typicaly do mostly social media advertising. We will occasionally do a postcard, ValuPak and alwasy send out press releasaes to local media outlets. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No I Yes ■ Start/End Time: Date: City Sidewalks or Trails No * Yes • Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes 0 Start/End Time: Midnight-Midnigl- Date: 7/5-8/9/2022 Fees may apply Will event need barricade(s)? No A Yes • Number needed: see Instructions Fees may apply Will extra tables be needed? No F3 Yes • Number needed: picnicsee Instructions Fees may apply Willportable restrooms be needed? No 0 Yes ■ Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No ■ Yes 0 Number needed: see Instructions Describe trash removal and cleanup plan during and after event: We work with Maroney's Sanitation to provide trash recepticles. We fill them, and store them near the Water Street Inn. Maroney's comes and empties them each Wednesday after Summer Tuesdays. We also have a group of volunteers that assist in piking up any leftover trash in the parking lot and park. Will event need traffic control? No © Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: We have never needed crowd control at Summer Tuesdays. If there was anything needed, we would call the local Stillwater Police. Fees may apply see Instructions Will "No Parking Signs" be needed? No ■ Yes 0 Number needed: Showlocation(s)onsitemap Will event need security? No 0 Yes • If event is overnight security will be required. If using private secruity, list Security Company and Contact Information: We have never needed private security for Summer Tuesdays. Will event need EMS services? No 0 Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: We have a basic first aid kit at our information tent. If medical attention is needed we would call local EMS. Describe the emergency action plan if severe weather should arise: We cancel the event if there is a threat of severe weather. We watch the local radar carefully and cancel an event by 2:OOPM on the day of, to avoid setting up and needing to tear down during severe weather. List any other pertinent information: The movie screen is inflatable, but we do not have any inflatables for people to go in. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, / certify that the information pr. ded is / e to the best of my knowledge and agree to pay the permit fee for this event based upon the information provide • n th". p •ir orlon. I realize my submittal of this application request constitutes a contract between myself and the City of Still • r an. . a .. Lia•'lity Signature of Applico harked Agent 3/29/2022 Date DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Zephyr Theatre's Broadway by the Bridge Event Application and Contract BACKGROUND The Zephyr Theatre has submitted an event application for the 2nd year of the Broadway by the Bridge event at Lowell Park. Last year's event was the show "Mamma Mia." Depending on which event they acquire the rights for, they plan on performing either "Singin' in the Rain" or "School of Rock." This event will use professional musicians and actors. The proposed dates for this year are July 21, 22, 23, 24, 25, 27 and 28 at 7pm. Set up and Dress Rehearsals would take place on July 18,19, 20 and 21. Where there is overlap, the event organizer has discussed working with Summer Tuesdays to share the stage that the Zephyr Theatre is planning to construct on the amphitheater stage in Lowell Park. Last year's event only had 4 nights of performances, so they are requesting 3 additional nights of performances and additional use of North Lowell Park. They are planning to have seating for 1,200 ticket buyers for each performance. While the event area will be delineated by a fence during performances, it will not deter anyone from watching the show outside of the event space. The stage will be covered. The event organizer will be responsible for all costs associated with the event and will be invoiced for fees based on the current 2022 Fee Schedule (updated and approved May 3, 2022): $100.00 Application fee (paid) $4,000 for the daily alcohol permit ($1,000 x up to 4 days) $350 for 1-10 Food Vendors ($50 x 7 days) $6,000 for the Base Fee ($500 x 12 days) Total = $10,450.00 (plus any other additional City fees or services). ACTION REQUIRED: If Council wishes to approve the event application and contract, they should pass a motion approving the 2022 Broadway by the Bridge event application, approve the Temporary Liquor License, and go into a contractual agreement with the Zephyr Theatre. 2022 BROADWAY BY THE BRIDGE EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 7th day of June, 2022 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the ZEPHYR THEATRE, a Minnesota nonprofit corporation (the "Organizer"). WHEREAS, in light of the foregoing, the Organizer wishes that the City will permit The Zephyr Theatre to organize and conduct performances at Lowell Park, in July 2022 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Festival agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City's park. 2. Event/Alcohol. Alcohol will be served during this event within the fenced event area. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the event area. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: July 18-21 Setup and Rehearsals: 8 a.m. to 10 p.m. July 21, 22, 23, 24, 25, 27, 28 Event Dates: 6 p.m. to 10 p.m. July 29 Clean up: 8 a.m. to 10 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The Organizer agrees to pay the City for the use of a parking lot according to the parking space fees designated by the City Council, if needed. Use of City Parking Lots in the event of flooding. The City prefers the Association to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking Tots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. c. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. d. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. e. C:leanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the day following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, on the day following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 13. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 15. The Organizer hereby agrees to follow the City's Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss ) The foregoing instrument was acknowledged before me this day of 2022, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. ZEPHYR THEATRE Calyssa Hall, Executive Director STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss ) Notary Public The foregoing instrument was acknowledged before me this day of 2022, by Calyssa Hall its Executive Director of the Zephyr Theatre. Notary Public eC THE EIRTHFLIICE OF MIINNESOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: April 25, 2022 Office Use Only Date Application Received _ Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Broadway by the Bridge Event Date/Time: Set up: Date July 18, 19, 20, 21 Time 8am to 10pm Actual Event: Date Juy 21, 22, 23, 24, 25, 27, 28 Time 6pm to 10pm Clean up: Date July 29 Time 8am to 10pm (Events after 10:00 p.m. require a variance from City Council Location (Address) of Event: North Lowell Park (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) The Zephyr Theatre will produce its second professional Broadway -style musical in Lowell Park. This event will use professional musicians and actors. Performances will take place July 21,22,23,24,25,27,and 28 at 7pm and ending before 10pm. In an effort to work with Summer Tuesdays and the car show, setup will occur on Monday, 7-18. Dress rehearsals will take place 10am-5pm on 7-19, 10am-4pm and 8pm-10pm on 7-20, and a tech rehearsal on 7-21 from 10am-4pm. We will need to work with Summer Tuesdays to hopefully share our stage. We will market this as a regional event and will have seating for 1,200 ticket -buyers each evening. While the event area will be delineated by fence, it will not deter anyone from watching the show outside of the event space or create any site barrier to the beauty of the park. The stage will be covered. Estimated Attendance (participants and spectators): 7,000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Only a Dim Image Productions, dba The Zephyr Theatre Mailing Address: 601 Main Street North City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Calyssa Hall Phone Number: Fax: N/A Cell Phone: Email Address: Website Address: www.stillwaterzephyrtheatre.org Name of contact person during event: calyssa Hall Cell Phone: Alternate contact during event; Bil MacLeslie Cell Phone; Refer media or citizens inquires to: Calyssa Hall Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features 5-10. 3' tall, 8' wide Will any signs/banners be put up No ■ Yes CI Number and size: Will there be any inflatables? No i( Yes l• Insurance certificate from rental vendor is required Broadway Musical Fees for electricity may Will there be entertainment? No ■ Yes e What type' apply see Instructions Wired & wireless mics, musical Will sound amplification be used? No INYes e Hours and Type: Instruments. PA for music and singing 32' x 24' with additional small platforms on Will a stage or tent(s) be set up? No • Yes e Dimensions: either side of the stage for specific scenes Will there be temporary fencing? No ■ Yes e How many One - Zephyr Fees for electricity may Will merchandise/food items be sold? No ■ Yes ® apply see Instructions vendors expected: Will food be prepared on site? No IK Yes • Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No 0 Yes • Contact Stillwater Fire Department 351-4950 Will alcohol be served but not sold? No ii Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes fi See Alcohol Regulations inthe Instructions Will there be a fireworks display? No ® Yes • Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. Four 120v20A circuits onstage, one 120v20A circuit at mixing booth in the middle of the audience. We can provide power distribution if City can provide "California Style - CS6364C" 208v50A hookup for our power distribution system. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available We have budgeted between $10,000 and $15,000 for marketing. We will be advertising this as a state-wide, regional event. We will advertise via radio, newspaper, social media, posters and fliers. We will have in our budget the capacity to boost posts on social media and run a direct mail campaign. City Services (Alter reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ►1 Yes IN Start/End Time: Date: City Sidewalks or Trails No ■ Yes f 4 Start/End Time: During Performa Date: 7/21-7/28 Public Parking Lots or Spaces No • Yes Start/End Time: During Performa Date:7/21-7/28 Fees may apply Will event need barricade(s)? No ® Yes ❑ Number needed: see Instructions Fees moyapply Will extra picnic tables be needed? No 11 Yes • Number needed: Psee Instructions Will portable restrooms be needed? No • Yes 1 Number needed: 5 Feesmayapply see Instructions Feesmayapply Will extra trash receptacles be needed? No ■ Yes �� Number needed: 6 Instructions P see Describe trash removal and cleanup plan during and after event: We contract with Maroneys for receptacles and trash pickup. Event volunteers will pickup trash at the end of each evening. Will event need traffic control? No (•i Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: We have an employee that has been previously professionally trained in crowd control. We will have ample volunteers and staff to keep people safe and moving logically throughout the space Fees may apply see Instructions Will "No Parking Signs" be needed? No Ei Yes ■ Number needed: Show location(s) on site in up Will event need security? No ■ Yes ® If event is overnight security will be required. If using private secruity, list Security Company and Contact Information: Security Specialists Inc. Cell: 651-248-4013 Office: 651-439-8440 Fax: 651-439-8454 Will event need EMS services? No E/ Yes ■ Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Staff are trained in first aid and will provide immediate response to patrons who need medical attention. Staff are directed to call 911 in the event of any emergency. Anything beyond the scope of first aid will be directed to emergency/urgent services. Describe the emergency action plan if severe weather should arise: If severe weather is predicted, we will make a call to cancel by one hour prior to the event start. If severe weather occurs during the event, we will immediately stop the show and will be diligent on communicating with our staff and attendees on where they should go for safety. We may encourage people to wait out the rain and visit downtown shops until the rain subsides, if there is no threat of tornado or lightning. List any other pertinent information: Last year, this event completely sold out! This year, we are requesting to expand our run for 3 more performances. Overhead drone shots of last year's event show the relatively small footprint in which we were able to contain our event. We are committed to making the impact as small as possible to the park and as large as possible for enhancing the cultural draw of the City of Stillwater and State of Minnesota. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stil water and is a release f Liability. tore of Applicant 8r Authorized Agent April 25, 2022 Date r • • 6°J� PortaRestraomble o xit NU t. . ■ a Exit 1 a m • Secting for 1200 Stc a e Alco-ol/ Concessio rs iliwater THE BIRTHPLACEOFMINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: 2022 Hydrant Painting BACKGROUND Contractor will be sand blasting and painting around 300 fire hydrants. The City received 2 bids, lowest bidder was B&B Commercial Coatings at $39,000.00. Funding for this project will be paid out of the Utilities Capital Outlay budget. RECOMMENDATION Staff recommends approving the contract for 2022 Hydrant Painting with B&B Commercial Coatings. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2022 HYDRANT PAINTING. Project:2022 Hydrant Painting Stiliwaki IF 8 1 A T H P I 4 I: F OF MINNLSOIR AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 31st day of May, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and B & B Commercial Coating, 11276 Duffield Ave NW.. Maple Lake, MN 55358 ("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 5/6/22 , incorporated herein as Exhibit A; (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. 4. TERMINATION AND REMEDIES. 1 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. 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 Robert Benson 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 Tammi Prevost 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. 2 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 bome 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 B & B Commercial Coating 216 4th Street North 11276 Duffield Ave NW Stillwater, MN 55082 Maple Lake, MN 55358 Attention: Robert Benson Attention: Tammi Prevost Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: tammi@bbcoat.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. 3 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 STATE OF MINNESOTA COUNTY OF WASHINGTON By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk ) ss. The foregoing instrument was acknowledged before me this of 2022 by Joe Kohlmann, City Administrator and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF Notary Public Commission Expires: // Commissioned At: COMPANY NAME By:� By (Please Print): Title (Please Print): ) ss. The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: ^/ / Commissioned At: 4 �j��water 2022 Hydrant Reconditioning Painting City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4100 Public Works Department 651-275-4112 Fax Item # Item Unit Quantity Unit Price Total 1 Price per Hydrant Each 378 130 49140 Grand Total Contractors Anticipated Start Date Contractors Anticipated Completion Date 49140 July 2022 July 2022 Notes Project Scope: The objective of the project is to recondition hydrants so rust, debris, and old paint are removed, and new paint is applied (sprayed) according to manufacturer's specifications. Sherwin-Williams Product Information Sheet (attached) Hydrant Reconditioning Special Provisions (attached) must be adhered to. Hydrants that are 2016 and newer as stamped on hydrant SHALL NOT be painted. Work must be completed 30 work days after the 1st day of work has started with final completion no later than October 1st, 2022. Bids due to the City of Stillwater on May 15, 2022 at 11:00 AM City's Small Contract agreement applies. IC 134 must be submitted prior to final payment. All bids must be submitted on the City's proposal form and be a complete proposal. Bids may be submitted by email, fax or Mail to City Hall at above address Attn: Chad Rogness Questions contact Chad Rogness at 651-275-4102 or crogness@ci.stillwater.mn.us OR Robert Benson at 651-430-8740 or rbenson@ci.stillwater.mn.us Bids should be tabled 2022 Hydrant Reconditioning Painting The City reserves the right to add or subtract quantities. Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date. Date: Name: . r Signature: lsll Title: Administrator etGlk (i� Company Name: B & B Commercial Coating Address: 11276 Duffield Avenue NW Maple Lake, MN 55358 Sti jiwater THE BIRTHPLACE OF MINNESOTA DATE: December 10, 2020 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor License Licensee Name Change (DBA/Trade Name) City Sliquors to O'Brien Wine & Spirits BACKGROUND: A request has been received from O'Brien Wine & Spirits Inc. to revise their liquor license business name (DBA/Trade Name). They would like to change their liquor license name from City Sliquors to O'Brien Wine & Spirits. The corporate information (Licensee Name) will remain O'Brien Wine & Spirits Inc. All required documentation has been received, however name changes, licensee name or DBA/trade name changes for establishment license(s) require approval from the City and State. ACTION REQUIRED: If approved, Council should pass a resolution approving the business name change from City Sliquors to O'Brien Wine & Spirits. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVING LIQUOR LICENSE BUSINESS NAME CHANGE FROM CITY SLIQUORS TO O'BRIEN WINE & SPIRITS WHEREAS, revised application documentation for a name change has been received from O'Brien Wine & Spirits Inc. dba City Sliquors to be changed to O'Brien Wine & Spirits, located at 118 Chestnut St E; and WHEREAS, only the Licensee dba name has changed and all required information has been submitted. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota,hereby approves the name change. Adopted by City Council this 7th day of June, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk illwater THE BIRTHPLACE OF MINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Statutory Limit of Liability Coverage Overview Historically, the City has chosen to not waive the statutory liability limits. Waiving the limit would likely increase premiums. In addition, the statutory limits maximum exposure to $500,000 per claimant and $1.5 million per occurrence. ACTION REQUESTED Motion to Not Waive Statutory liability limits. Attachment: Liability Coverage Waiver form. LMC LEAGUE MINNESOTA CITIES LIABILITY COVERAGE — WAIVER FORM Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before the member's effective date of coverage. Return completed form to your underwriter or email to nstech@iiuc,org. The decision to waive or not waive the statutory tort limits must be made annually by the member's governing body, in consultation with its attorney ifnecessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: + If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. • If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. • If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 5t. Paul, Minnesota 55103 145 University Avenue West (651) 281-1200 • . (651) 281-1298 (800) 925-1122 www.lmc.org LMCIT Member Name: Check one: one member DOES NOT WAIVE the monetary Iimits on municipal tort liability established by Minn, Stnt. § 466 04. The member WAIVES the monetary limiIs on municipal tart liability established by Minn. Slat. § 466.04. 14. to the extent of the limits of the liability coverage obtained from LMCIT. Date of member's governing body meeting: Signature: Position: 2 St! llwater THE BIRTHPLACE OF MINNESOTA by DATE: March 31, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Metropolitan Council Clean Water Fund Grant Agreement BACKGROUND The City received a grant from Metropolitan Council's Legacy Amendment's Clean Water Fund to help reduce water demand and protect drinking water supply. The City will use the grant monies to help residents receive a rebate for replacing items such as toilets, irrigation controllers, and washing machines with better water efficient devices. The program runs from July 1, 2022 to June 30, 2024. RECOMMENDATION Staff recommends approving the Metropolitan Council Grant Agreement. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Metropolitan Council Clean Water Fund Grant Agreement. METROPOLITAN COUNCIL CLEAN WATER FUND GRANT AGREEMENT NO. SG-17792 This Clean Water Fund Grant Agreement ("Grant Agreement") is entered into between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota ("Council") and the City of Stillwater, a municipal corporation ("Grantee"). RECITALS 1. Minnesota Session Laws 2021, 1st Special Session, Chapter 1, Article 2, Section 8, appropriated to the Council funds from the Legacy Amendment's Clean Water Fund ("Clean Water Fund") for State fiscal years 2022 and 2023, to establish a water demand reduction grant program to encourage municipalities in the metropolitan area to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies. 2. The Council is authorized by Minnesota Statutes sections 473.129, subdivision 4 to apply for and use grants from the State for any Metropolitan Council purpose and may dispose of the money in accordance with the terms of the appropriation. 3. The Grantee is authorized to receive grants from the Clean Water Fund for a water demand reduction program to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies. 4. On May 4, 2022, the Council authorized the granting of portions of the appropriation to the Grantees participating in the grant program. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the reasonable satisfaction of the Council. GRANT AGREEMENT 1. Term of Grant Agreement. 1.1. Effective Date. The effective date of this Grant Agreement is the date this agreement is fully executed. 1.2. Grant Activity Period. The first day of the month following the Effective Date through and including the expiration date. 1.3. Expiration Date. Upon satisfactory fulfillment of obligations, but in no event later than June 30, 2024. 1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13. Data Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility. 2. Duties, Representations and Warranties of Grantee and Use of Grant Funds. 2.1. The Grantee agrees to conduct, administer and complete in a satisfactory manner and in accordance with the terms and conditions of this Grant Agreement the program ("Grantee Program") which is 1 described in Grantee's application to Council for assistance under the Council's Clean Water Fund grant program. Grantee's application is incorporated into this Grant Agreement as Exhibit A. Grantee agrees to perform the Grantee Program in accordance with the timeline in Exhibit B of this Grant Agreement and to undertake the financial responsibilities described in Exhibit B. The Grantee has the responsibility and obligation to complete the Grantee Program as described in Exhibit B. The Council makes no representation or warranties with respect to the success and effectiveness of the Grantee Program. The Council acknowledges that Grantee Program work may be limited to soliciting participation by its residents and businesses in the Grantee Program and requires additional work by the Grantee only to the extent that residents and businesses choose to participate in the Grantee Program, as described in Exhibit B. The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants for qualifying activities. 2.2. Grantee Representations and Warranties. The Grantee represents and warrants to Council, as follows: A. It has the legal authority to enter into this Grant Agreement and to conduct and administer the Grantee Program and use the Grant Funds for the purpose or purposes described in this Agreement B. It has taken all actions necessary for its execution of the Agreement and has provided to Council a copy of the resolution by its governing body authorizing Grantee to enter into this Agreement. C. It has the legal authority to undertake the Clean Water Fund Grant Program, including the Grantee's financial responsibilities in Exhibit B D. As specified in Exhibit A only Grantee's authorized representative may provide certifications required in this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs. E. It will comply with all the terms of this Agreement. F. It will comply with all requirements of Clean Water Funding legislation and appropriations, except for requirements that this Grant Agreement explicitly states will be handled by the Council. G. It has made no material false statement or misstatement of fact in connection with the Grant Funds, and all of the information it has submitted or will submit to the Council relating to the Grant Funds or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all representations contained in its application for the Clean Water Fund Grant are material representations of fact upon which the Council relied in awarding this Grant and are incorporated into this Agreement by reference. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it and is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Grant Agreement, or to perform any of the acts required of it in the Agreement. I. Compliance with the requirements of this Grant Agreement is not prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement to which it is bound. 2 J. The Grantee Program will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Grantee Program will be conducted in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or other political subdivisions having jurisdiction over the Grantee Program. L. It will comply with the financial responsibility requirements contained in Exhibit B. M. It will furnish satisfactory evidence regarding these representations if requested by the Council. 3. Time. Grantee must comply with all time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4. Eligible Costs. Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee for 80% of rebate or grant payments as defined in Exhibit B. The Council will not reimburse Grantee for non -eligible costs. Any cost not defined as an eligible cost or not included in the Grant Grantee Program or approved in writing by the Council is a non -eligible cost. 5. Consideration and Payment. 5.1 Consideration. The Council will reimburse Grantee for eligible costs performed by the Grantee during the Grant Period as specified in this agreement. The Council bears no responsibility for any cost overruns that may be incurred by the Grantee or sub -recipients of any tier. The initial Grant amount to Grantee under this Grant Agreement is $25,000. The Grantee may be eligible to receive additional Grant amounts or an adjustment in Grant amount in accordance with the procedure in the Grant Amendment Form attached and incorporated as Exhibit C. Upon signature by both Grantee and Council on Exhibit C this Grant is amended by the amount in Exhibit C. 5.2. Advance. The Council will make no advance of the Grant Amount to Grantee. 5.3. Payment. To receive payment, the Grantee must submit a Reimbursement Request on forms provided by the Council, including electronically scanned receipts to verify the cost of eligible devices reported for each reporting period. Reimbursement Request must be submitted quarterly, even if there are no eligible costs to report. The Grantee must describe its compliance with its the financial requirements, work completed including specific addresses where work was done, and provide sufficient documentation of grant eligible expenditures and any other information the Council reasonably requests. The Council will promptly pay the Grantee after the Grantee presents to the Council a Reimbursement Request and scanned copies of all receipts verifying the cost for all eligible devices reported and the Council's Authorized Representative accepts the invoiced services. 6. Conditions of Payment. 6.1. For each approved device for which Grantee requests payment, Grantee must certify the following to the Council: (1) the device has been purchased ; (2) Grantee received receipts for the device; (3) the purchase was not performed in violation of federal, state, or local law, or regulation. 3 6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Council to make reimbursement payments is subject to the following conditions precedent: A. The Council's receipt of a Reimbursement Request/Progress Report for the funds requested, and electronic copies of receipts verifying the cost for all eligible devices for that reporting period B. If requested by the Council (in form and substance acceptable to the Council), evidence that (i) the Grantee has legal authority to and has taken all actions necessary to enter into this Agreement and (ii) this Agreement is binding and enforceable against the Grantee. C. There is no Event of Default under this Grant Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse. D. The Grantee has supplied to the Council all other items that the Council may reasonably require to assure good fiscal oversight of state's funding through the Clean Water Fund. 7. Authorized Representative. The Council's Authorized Representative is: Name: Brian Davis or successor Title: Principal Engineer Mailing Address: 390 North Robert Street St. Paul, MN 55101 Phone: (651) 602-1519 E-Mail Address: brian. davi sou) metc.state. mn_us The Council's Authorized Representative has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this Grant Agreement. If the services are satisfactory, the Council's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is: Name: Shawn Sanders, Director of Public Works Mailing Address: 216 North Fourth Street, Stillwater, MN 55082 Phone: 651-430-8835 E-Mail Address: ssanders@ci.stillwater.mn.us If the Grantee's Authorized Representative changes at any time during this Grant Agreement, the Grantee must immediately notify the Council and within 30 days provide a new City resolution (if such resolution is necessary) specifying the new Representative. 8. Assignment, Amendments, Waiver, and Grant Agreement Complete. 8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior written consent of the Council and a fully executed Assignment Agreement. 8.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the appropriate parties. 4 8.3 Waiver. If the Council fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 8.4 Grant Agreement Complete. This Grant Agreement contains all negotiations and agreements between the Council and the Grantee. No other understanding regarding this Grant Agreement, whether written or oral, may be used to bind either party. 9. Liability and Insurance. 9.1 Liability. The Grantee and the Council agree that they will be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof The liability of the Council is governed by the Minn. Stat. Chapter 466 and other applicable laws. The liability of the Grantee is governed by the provisions contained in Chapter 466 and other applicable laws. 9.2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Grantee and the Council, nor shall the Grantee be considered or deemed to be an agent, representative, or employee of the Council in the performance of this Grant Agreement, or the Grantee Program. The Grantee represents that it has already or will secure or cause to be secured all personnel required for the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other persons while engaging in the performance of this Grant Agreement the Grantee Program shall not have any contractual relationship with the Council related to the work of the Grantee Program and shall not be considered employees of the Council. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Council. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Council, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. 10. Audits. Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this Grant Agreement are subject to examination by the Council and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of this Grant Agreement. 11. Government Data Practices. The Grantee and Council must comply with the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, as it applies to all data provided by the Council under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the Council. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the Council. 12. Workers' Compensation. 5 The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the Council's obligation or responsibility. 13. Data Availability. To the extent and as requested by the Council, Grantee agrees to comply with Minn. Stat. § 114D.50, subd. 5 requirements for data collected by the Grantee Programs funded with money from the Clean Water Fund that have value for planning and management of natural resources, emergency preparedness and infrastructure investments, including but not limited to the requirement that to the extent practicable, summary data and results of Grantee Programs funded with money from the Clean Water Fund should be readily accessible on the internet and identified as a Clean Water Fund Grantee Program. The Council will put overall summary information on the internet and will encourage the Grantee put its city information on the web. Grantee understands and agrees that Council may list its name and summary information on the internet or in any other Grantor reporting. Data collected by the Grantee Programs, if any, funded with money from the Clean Water Fund that have value for planning and management of natural resources, emergency preparedness, and infrastructure investments must conform to the enterprise information architecture developed by the Office of MN.IT Services. Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Minnesota Geospatial Information Office. A description of these data that adheres to the Office of MN.IT Services geographic metadata standards must be submitted to the Minnesota Geospatial Information Office to be made available online through the clearinghouse and the data must be accessible and free to the public unless made private under chapter l 3. To the extent practicable, summary data and results of the Grantee Program funded with money from the clean water fund should be readily accessible on the Internet and identified as a Clean Water Fund Grantee Program. 14. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Grant Agreement, or its breach, must be in the appropriate state or federal court of competent jurisdiction in Ramsey County, Minnesota. 15. Termination. The Council may cancel this Grant Agreement at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment for services prequalified and satisfactorily performed before the termination notice. 16. Data Disclosure. Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the Council, to federal and state tax agencies and Council personnel involved in the payment of Council obligations. Grantee will require compliance with this Section 16 by Grantee's subrecipient of Grant funds and shall submit evidence of such compliance to Council as requested. 17. Notices. 6 In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and must be personally served or sent by email or United States mail, to the business address of the party to whom it is directed. The business address is the address specified below or such different address as may be specified, by either party by written notice to the other: To the Grantee at: Shawn Sanders, Director of Public Works 216 North Fourth Street, Stillwater, MN 55082 651-430-8835 ssanders LL ci.sti1Iwater.mn,us To the Council's Authorized Representative at: Name: Title: Mailing Address: Phone: E-Mail Address: 18. Miscellaneous. Brian Davis or successor Principal Engineer 390 North Robert Street St. Paul, MN 55101 (651) 602-1519 brian.davis@metc.state.mn.us 18.1 Report to Legislature. As provided in Minn. Stat. § 3.195, the Council must submit a report on the expenditure and use of money appropriated under the Clean Water Fund to the legislature by January 15 of each year. The report must detail the outcomes in terms of additional use of Clean Water Fund resources, user satisfaction surveys, and other appropriate outcomes. The grantee agrees to provide to the Council by January 1 of each year a report on any user satisfaction surveys it has related to this Grantee Program, and other appropriate outcomes of the Grantee Program as prescribed in Section 18.3 of this Agreement. 18.2 Supplement. The funds granted under this agreement are to supplement and shall not substitute for traditional sources of funding. Grantee certifies to the Council that there was and is no traditional Grantee sources of funding for the City to help fund 80% of the subject water efficiency rebate or grant work. 18.3 Measurable Outcomes. A Grantee Program or program receiving funding from the Clean Water Fund must meet or exceed the constitutional requirement to protect, enhance, and restore water quality in lakes, rivers and streams and to protect groundwater and drinking water from degradation. A Grantee Program or program receiving funding from the Clean Water Fund must include measurable outcomes, as defined in Minn. Stat. § 3.303, subdivision 10, and a plan for measuring and evaluating the results. A Grantee Program or program must be consistent with current science and incorporate state-of-the-art technology. All information for funded Grantee Program work, including the proposed measurable outcomes, must be made available for publication on the web site required under Minn. Stat. § 3.303, subdivision 10, as soon as practicable and forwarded to the Council and the Legislative Coordinating Commission under the provisions of Minn. Stat. § 3.303, subd. 10. The Grantee must compile and submit all information for funded Grantee Programs or programs, including the proposed measurable outcomes and all other items required under Minn. Stat. § 3.303, subdivision 10, to the Council and, if requested by the Council, the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first. 7 18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented according to section 16B.98 and must account for all expenditures. 18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on Grantee Programs that benefit Minnesota waters. 18.6 Website. If the Grantee has information on its website about the water efficiency grant program under Minn. Stat. § 114D.50, the Grantee will when practicable in accordance with Minn. Stat. § 114D.50, subd. 4(f) prominently display on the Grantee's website home page the Legacy logo accompanied by the phrase "Click here for more information." When a person clicks on the Legacy logo image, the website must direct the person to a web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Council's and Legislative Coordinating Commission Website required under section 3.303, subdivision 10. 18.7 Future Eligibility. Future eligibility for money from the Clean Water Fund is contingent upon the Grantee satisfying all application requirements related to Council's fulfillment of Minn. Stat. § 114D.50 as well as any additional requirements contained in 2021, 1st Special Session, Chapter 1, Article 2, Section 8. 18.8 Prevailing Wages. The Grantee agrees to comply with all of the applicable provisions contained in chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Grantee Program. By agreeing to this provision, the Grantee is not acknowledging or agreeing that the cited provisions apply to the Grantee Program. 18.9 Disability Access. Where appropriate, Grantee of clean water funds, in consultation with the Council on Disability and other appropriate governor -appointed disability councils, boards, committees, and commissions, should make progress toward providing greater access to programs, print publications, and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this agreement. 18.10. General Provisions. (i) Lawsuit. This Grant shall be canceled if a court determines that the appropriation illegally substitutes for a traditional source of funding. (ii) Termination Due to Lack of Funds. Grantee recognizes that Council's obligation to reimburse Grantee for eligible Grantee Program costs is dependent upon Council's receipt of funds from the State of Minnesota appropriated to Council under 2021 Session Laws, 1 Sf Special Session, Chapter 1, Article 2, Section 8. Should the State of Minnesota terminate such appropriation or should such funds become unavailable to Council for any reason, Council shall, upon written notice to Grantee of termination or unavailability of such funds, have no further obligations for reimbursement or otherwise under this Grant Agreement. In the event of such written notice, Grantee has no further obligation to complete the Grantee Program as required by this Grant Agreement. 19. Default and Remedies. 19.1 Defaults. The Grantee's failure to fully comply with any of the provisions contained in this Grant Agreement constitute an event of default ("Event of Default"). 8 19.2. Remedies. Upon an event of default, the Council may exercise any one or more of the following remedies: a. Refrain from disbursing the Grant. b. Demand that all or any portion of the Grant already disbursed be repaid to it, and upon such demand the Grantee shall repay such amount to the Council. c. Enforce any additional remedies the Council may have at law or in equity. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives. METROPOLITAN COUNCIL By: Regional Administrator, successor, or delegate Date: GRANTEE: The Grantee certifies that the appropriate person(s) have executed the this agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Printed Name and Title Date: 9 EXHIBIT A (Application from community) Metropolitan Council Water Efficiency Grant Application Form Applicant Information: Municipality: City of Stillwater Municipal Utility: Water Department Mailing Address: 216 North Fourth Street, Stillwater, MN 55082 Primary Contact Information: Municipality primary authorized representative (all correspondence regarding the Water Efficiency Grant Program should be addressed to individual named below): NAME: ShawnSanders TITLE: Director of Public Works STREET: 216 North Fourth Street CITY, ZIP: Stillwater, MN 55082 PHONE: 651 430-8835 EMAIL: ssanders atci.stillwater.mn.us Secondary Contact Information: Municipality secondary authorized representative: NAME: Robert Benson TITLE: Utility Superintendent STREET: 216 North Fourth Street CITY, ZIP: Stillwater, MN 55082 PHONE: 651-275-8740 EMAIL: rbenson((�ci.stillwater.mn.us Municipal Total Per Capita Water Use (2020): 87 (gallons per person -day) Municipal Residential Per Capita Water Use (2020): 68 (gallons per person -day) Municipal Ratio of Peak Month to Winter Month Water Use (2020): 2.12 Municipality's estimated annual water savings from proposed program: 4.0 (gallons) ;130 Rnbett Street North I Saint Pau:. rvv!d 5511 1-1B05 P. 651.i 1): 1000 117Y. 1 5'.'r)1.0`101 rnetrochr. 1 ;ILow METROPOLITAN C o U N C 1 L Program Design: Requested Grant Amount (must equal 80% of total program budget): $ 40,000 Required Municipality Matching Amount (must equal 20% of total program budget): $10,000 Total Program Budget (Requested Grant Amount + Match): $ 50,000 Example Calculation: Requested Grant Amount $16,000 (8O%of total) Required Municipality Matching Amount $4,000 (20% of total) Total Program Budget $20,000 (100% of total) Will your program be a grant program or rebate program? Rebate program Estimated Number of Items: Item Estimated Number Toilets 200 Irrigation Controllers 100 Clothes Washing Machines 100 Irrigation Spray Sprinkler Bodies Irrigation System Audits Dishwashers 2 Project Work Plan and Schedule:* Task Description Responsible Start Date Completion Person Date estimate water saving per item prepare application prepare communication leper for application submittal submit application to Mel Council Wait for award notice from Met Council Adjust items based on Grant received Prepare rebate application. Sign Met Council Grant Agreement Set up web page for water efficiency program rebate. Place communication in newsletter and Facebook page. work with Finance department to set up rebate through utility bill. finalize rebate application and place on website set up reporting spreadsheet Shawn Sanders March 1, March 31, 2022 2022 Shawn Sanders Shawn Sanders Shawn Sanders May 1, 2022 May 1, 2022 May 30, 2022 June 30, 2024 May 1, 2022 June 30, 2022 Monitor Rebate Program verify devices update reporting spreadsheet Submit reporting informatin to Met Council , as needed, July 1, 2022 * Municipality may create own project plan and schedule form June 30, 2024 3 Communications to Property Owners: How will your program be advertised (check all that apply): Newsletter X Print Media Email Twitter W ebsi to X Radio Television Facebook X Nextdoor Other Social Media Please attach examples of proposed newsletter, print media, or email communications. Critical Points to Remember: • The applying municipality must be served by a municipal public water supply system • New construction and new developments are not eligible • A portion of each eligible activity's cost must be paid by the property owner • Funds are for rebates or grants only; consulting and city staff time are ineligible • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program -related web pages and paper communications 4 Water Conservation Rebate Program The City of Stillwater was awarded a Metropolitan Grant as part of the Council's 2022-2024 Water Efficiency Grant Program. The amount of the grant Is XXX. Stillwater Is one of many cities in the Twin Cities Metropolitan Area that applied for and was accepted into this grant program. Grant funds will be used for the City's water conservation program. The City is offering rebates to Stillwater properties that are connected to the City Water supply System who replace their washing machines replace toilets or by replace their irrigation controller with a smart irrigation controller. Rebate categories and amounts are as follows: • Clothes Washers — Rebate up to $200 or 80% the cost of a new US DOE Energy Star" labeled clothes washer, whichever is less, (excluding sales tax and labor/installation costs). • Toilets - Rebate up to $100 or 80% of the cost a new US EPA WaterSense" labeled toilet, whichever is less, (excluding sales tax and labor/installation costs). • Smart Irrigation Controllers - Rebate up to $150 or 80 % the cost of a new US EPA WaterSense' labeled smart controller, whichever is less, (excluding sales tax and labor/installation costs). Rebates are replacement of existing devices only. New construction and new developments are not eligible. • Click Here for a list of WaterSense toilets or irrigation controllers • Click Here for a list of DOE Energy Star washing machines Rebates are available on a first come first served basis are not guaranteed. Program runs from July 1, 2022 through June 30, 2024. It is the customer's responsibility to verify if funds are still available or not. A copy of the receipt for a qualifying device, as well as a photo of the old device that was replaced, must be provided with the rebate request form. Rebate request form, and all supplemental information must be submitted to the City of Stillwater by mail. Rebate is for the cost of the device only and excludes sales tax and any installation/labor costs. New construction and new development are ineligible. Rebates will show as a credit on your utility bill. Click the link below for the application or for more information, contact City Hall at 651-430-8800. Clothes Washer & Toilet Rebate Request Form - Click here Smart Irrigation Controller & Irrigation Audit Rebate Request Form - Click Here METROPOLITAN COUNCIL EXHIBIT B Clean Water Fund Water Efficiency Grant Program Overview & Goal, Structure, and Qualified Activities (should anything herein be contradicted by the Agreement language, the Agreement terms prevail). Metropolitan Council Water Efficiency Grant Program METROPOLITANCUNIL CLEAN WATER LAND & LEGACY { All NII.MI ".I Overview The Metropolitan Council (Council) will implement a water efficiency grant program effective July 1, 2022 to June 30, 2024. Grants will be awarded on a competitive basis to municipalities that are served by a municipal water system. The Council will provide 80% of the program cost; the municipality must provide the remaining 20%. Municipalities will use the combined Council and municipality funds to run their own grant or rebate programs. Grants will be made available in amounts with a minimum of $5,000 and a maximum of $50,000. Grantees will be required to provide estimated water savings achieved through this program for Clean Water, Land & Legacy Amendment reporting purposes. Legislative Directive - Minnesota 2021 Session Law $625,000 the first year and $625,000 the second year are for the water demand reduction grant program to encourage municipalities in the metropolitan area to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies. Fiscal year 2022 appropriations are available until June 30, 2023, and fiscal year 2023 appropriations are available until June 30, 2024. Grant Program Goal The goal of the water efficiency grant program is to support technical and behavioral changes that improve municipal water use efficiency in the seven -county metropolitan area. Critical Points to Remember • The applying municipality must be served by a municipal public water supply system • New construction and new developments are not eligible • A portion of each eligible activity's cost must be paid by the property owner • Funds are for rebates or grants only; consulting and city staff time are ineligible • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program -related web pages and paper communications Grant Program Structure: Administration and Funding The Water Efficiency Grant Program will be administered by Metropolitan Council Environmental Services (MCES) and will be funded with $1,000,000 appropriated by the 2021 Minnesota Legislature. Grant applications will be reviewed and ranked by the MCES Water Supply Planning Unit staff. The remaining $250,000 of this funding has been allocated to a different municipal water efficiency grant project. 1 Grants are only for water efficiency programs offering rebates or grants to property owners who are customers of the municipal water supply system and who replace specified water using devices with approved devices that use substantially less water. Grants will be awarded to municipalities in amounts ranging from $5,000 to $50,000 for providing rebates or grants to property owners. Municipalities will be responsible for the design and operation of their rebate or grant program and its details. Grant payments to the municipality will be for 80% of approved program amounts. The municipality must provide the remaining 20% of the granted/rebated amount to the property owner. Municipality rebates or grants are eligible for reimbursement on device replacements conducted July 1, 2022 through June 30, 2024. Here is an example of the grant funding design: Metropolitan Council Grant Amount Municipality Match $16,000 (80% of total) $4,000 (20% of total) Municipality Grant/Rebate Program Total $20,000 (100% of total) Eligibility This grant program is limited to municipalities in the seven -county metropolitan area. Municipalities eligible per above must apply to participate and, if approved, sign a standard Council Grant Agreement, before any eligible rebates or grants can be submitted for reimbursement. Agreements shall require that municipalities: • Entirely pass through grants received (as is being done by MCES) • Verify purchase of devices to receive grants • Retain records and cooperate with any audits • Conduct all communications with property owners and ensure all written communications to property owners include both the Clean Water, Land and Legacy Amendment and the Metropolitan Council's logo • Provide quantitative information for state reporting purposes Eligible water efficiency devices consist of the following: • Toilet replacement with a US EPA WaterSense labeled toilet • Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather -based or soil moisture -based • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body • Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense program • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher Expenses eligible for reimbursement are the out-of-pocket cost of the device and its installation only, not to include any owner labor costs. In addition, new construction and new developments are ineligible, as this program is intended as a current infrastructure replacement program. Application Process • Applicants must be served by a municipal public water supply system 2 • Municipalities will submit MCES supplied application form by March 31, 2022. Required information includes: o the municipality's rebate or grant program design and work plan o proposed examples of communications to property owners o requested total grant amount o estimated annual amount of water saved by the applying municipality • Application form is available at: https:JJmetrocouncil.orgJWastewater-Water/Funding-FinanceJAvailable- Funding-Grants.aspx • Submit competed application to: brian.davis@metc.state.mn.us • Metropolitan Council will notify municipalities of grant awards and provide grant agreements by April 29, 2022. Proposal Selection Criteria In the event that funds requested exceed funds available, the following criteria will be used to determine the amount granted to a given municipality: • Municipalities with identified water supply issues in Master Water Supply Plan Community Profiles or Local Water Supply Plans ■ Municipalities' ratio of peak monthly water use to winter monthly water use • Municipalities' average residential per capita water use • The order in which applications are received and until grant funds are completely committed Funding Process and Reporting Requirements • Utilizing forms provided by MCES, the following information must be reported on a quarterly basis: o Number, type and amount of rebates or grants provided to property owners, along with each property address o Estimated annual gallons of water saved per device installation o Municipality matching funds disbursed o Number of unmet funding requests from property owners, if any • Upon review and confirmation of the above information, MCES will process a grant payment in the amount of 80% of approved total rebates or grants for the reporting period. • MCES will provide confirmation of grant balances available upon request and reserves the right to amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates rebate or grant programs will not fully utilize grant awards within the grant period. Qualified Activities • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher: https://www.enerRystargoyiproduct.sidishwashers • Toilet replacement with a US EPA WaterSense labeled toilet: https://l ookforwatersense.epa.ovlprod ucts/Prod u ct-Sea rch-Results-To i l ets. htm I ■ Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather -based or soil moisture -based: https:JJlookforwatersense.epa.gov/products/Product-Search-Results-IrrigationController.html https:JJlookforwatersense.epa.govJproductsJProduct-Search-Results- SoilMoistureBasedlrrigationController.html 3 • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine: https:JLwww.energvstar,gov/productfinder/product certified-clothes-washers/results • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body: https://lookforwate rse nse. ep a. gov/pro ducts/Product-Search-Results-Sprin kler.htm I • Irrigation system audit by an Irrigation Professionals certified by a US EPA WaterSense program: https://Iookforwatersense. epa.Rov/oros/ Reporting Example Calculated Totals: Property Street Address and Zip Code (Select) Property Type: (Select) Water Device Replaced: Cost per Device ($): 11 of Devices: Rebate or Grant per Device($) Est. Annual Water (Gallons) Saved Per Device: Total Rebate or Grant Municipality Contribution: Eligible Grant Amount I Estimated Annual Water Saved (Gallons): 2094 Proviso Avenue Residential Clothes Washer $800 00 ] 5200.00 5,000 $200.00 $40 00 5160 00 5.000 ;3452 Enola Drive Residential Irrigation Controller $250.00 1 $150.00 20,000 S150.00 530.00 5120.00 20,000 994 Ngrnllne Place Residential Irrigation Controller S200.00 1 5150.00 20,000 $150.00 $30.00: $120.00 20.000 _ 5377 Shoreham Way Residential Toilet 5350.00 1 5125.00 7.000 $125.00 $25.00 5100.00 7.000 4 EXHIBIT C Revision # METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES 2022-2024 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM GRANT AMENDMENT FORM NOTICE TO GRANTEE: Submission of this form is required to modify your city's agreement with Metropolitan Council Environmental Services (MCES) 2022-2024 Clean Water Fund Water Efficiency Grant Program (Grant Program). After determination of your city's initial grant amount, completion and submission of this form is necessary when 1) you are requesting additional grant funds to meet unexpected rebate or grant demand, or 2) when your city has determined that the previously approved program's rebate or grant demand will not be met, requiring less grant funds than anticipated when the agreement was signed. The process for modifying your agreement is as follows: 1. Your City's authorized representative submits one signed copy of Exhibit C to MCES, with an attachment itemizing requests for changes to prior granted amounts. 2. Upon receipt of signed Exhibit C, MCES Program Administrator obtains Council authorized signatures that modifies the agreement and returns a fully signed copy of Exhibit A indicating new grant amount to City's designated authorized representative. Instructions: Indicate the date of your change request in #1 box. Indicate the number of this particular change request in #2 box (and in box at top of page — must match). Enter the current grant agreement amount (as MCES approved) in #3 box. If you wish to increase your municipality's grant amount, enter the amount you are requesting in #4 box. If you wish to decrease your grant amount due to less demand than anticipated, enter the amount in #5 box. Enter in #6 box the amount derived from adding #3 to #4 or derived from subtracting #5 from #3. Grant Agreement # l . Date of change request: 2. Change request number: 3. Current Grant Agreement Amount (as MCES approved): 5 4. Increase due to request for additional funding: 5. Decrease due to less demand: 6. Amended Grant Agreement Amount requested: CITY NAME: CITY AUTHORIZED REPRESENTATIVE (signature and date): MCES PROGRAM ADMINISTRATOR APPROVAL (signature and date): COUNCIL AUTHORIZED SIGNATURE AND DATE Questions may be directed to the MCES Authorized Representative: Brian Davis MCES Principal Engineer 390 Robert Street North St. Paul, MN 55101-1805 Phone: (651) 602-1519 Email: brian.davis@metc.state.mn.us illwat!J THE BIRTHPLACEOFMINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: 2022 Transfer Switch/Generator Hookup Olive St. Contract BACKGROUND Contractor will be installing an electronic transfer switch so the Olive St. Wellhouse will automatically transfer to standby power in case of a power outage. The City received two quotes, the lowest from Kodiak Power Systems for $17,537.00. Funding will come from the Utilities Capital Outlay budget. RECOMMENDATION Staff recommends approving the contract for work on the 2022 Transfer Switch/Generator Hookup Olive St. project with Kodiak Power Systems Inc. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2022 TRANSFER SWITCH/GENERATOR HOOK UP OLIVE ST. PROJECT. Project: Olive St. Transfer Switch/Generator Hookup Iwa ter T HF B,RTHPI Al OF MINNISOIA ' AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 25th day of May, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Kodiak Power Systems , 1738 Commerce Ct. White Bear Lake, MN 55110 ("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 5/4/22 , incorporated herein as Exhibit A; (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. 4. TERMINATION AND REMEDIES. 1 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. 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 Robert Benson 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 Mike Proulx 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 2 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: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Robert Benson If to Contractor: Kodiak Power Systems 1738 Commerce Ct. White Bear Lake, MN 55110 Attention: Mike Proulx Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: mproulx@kodiakpowersystems.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. 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 STATE OF MINNESOTA COUNTY OF WASHINGTON By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2022 by Joe Kohlmann, City Administrator and Beth Wolf, City Clerk for the City of Stillwater. Notary Public Commission Expires: / 1 Commissioned At: CONTRACTOR COMPANY NAME By: By (Please Print): Title (Please Print): STATE OF MINNESOTA COUNTY OF ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: / / Commissioned At: 4 KODIAKC Proposal From: Kodiak Power Systems Inc. PO Box 10555 White Bear Lake MN Phone: (612)-508-8424 Email- mproulx@kodiakpowersystems.com Web- www.kodiakpowersystems.com To: Robert Benson Title: Utilities Superintendent Company: City of Stillwater Address: 3325 Boutell Road N City: Stillwater MN Phone: 651-275-4100 Email: New Equipment ❑ Used Equipment ❑ Other Expiry 30 days Project Name: Olive Street Well House - Electrical Upfits. Date: 5/4/2022 Description: Proposed electrical upfits and modifications for the well house to accept an emergency power source delivered by 125 Kw trailer mounted generator. We propose to furnish in accordance with the following specifications terms and conditions CITY Description 1 Furnish and install 400 amp ABB 240 Vac Transfer Switch 1 Demo old telephone interface and move sprinkler control 1 Furnish and install 200 amp Pin/Sleeve connector @ SW cornor of building 1 Furnish and install new 260 amp fuses in the main disconnect. 1 Backfeed CT cabinet - Install conductors and conduits to ATS and VFD cabinet 1 Provide post installation testing and training 1 Supply electrical permits and schedule inspections 1 All travel , labor, materials and supplies included. Non -Taxable Lead Time 16 Weeks Estimated date of completion 6/30/2022 1 Total Cost $ 17,537.00 I accept the proposal Name PO # Date Position Signature ti 1 Iwa![ Administration 3 Date: June 7, 2022 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Roll -off Hauler License DISCUSSION: Lightning Disposal Inc. has submitted an application and fee for a 2022 Roll -off only Haulers License. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving a roll -off hauler license to Advanced Disposal Services and Lloyds Construction Services contingent upon the satisfactory completion of application submittal requirements. THE BIRTHPLACE OF MINNESOTA DATE: 6/3/2022 TO: Mayor and City Councilmembers FROM: Rose Holman, IT Manager SUBJECT: Contract with Finnlytech for St. Croix Valley Recreation Center BACKGROUND Last year the St. Croix Valley Recreation Center (SCVRC) chose Halix Software for their scheduling software. Unfortunately, Halix has gone of business. After looking back at the other vendors we had demos with, we have decided to go with Finnlytech for the new scheduling software for the SCVRC. Since we saw the demo from them last year they have made significant improvements to their software. These changes make us confident that we can work with Finnlytech to meet our needs. The attached contract is a software as a service (SAAS) contract which is a method of software delivery and licensing in which software is accessed online via a subscription, rather than bought and installed on individual computers. The annual cost is $5996.00. However, the contract is just for SAAS use. RECOMMENDATION Staff recommends that you approve the attached contract with Finnlytech for SAAS for the SCVRC Scheduling software. 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 FinnlyTech, Inc., a Minnesota corporation, 12931 Bluebird St. NW, Coon Rapids, MN 55448 ("Consultant"). WHEREAS, the City has accepted the proposal ofthe 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 following documents: i. A Master Services Agreement from Consultant, incorporated herein as Exhibit A; ("Exhibit") ii. 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 the Exhibit, 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 the Exhibit. 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 on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement is identified in the Exhibit. 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 the Exhibit. 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 2 performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Doug Brady 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 Consultant has designated Pat Walter to be the primary contact 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. 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 $250,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. 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 and the Professional Liability Insurance policy. 3 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, 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 drawing details, 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: City Administrator Or e-mailed: jkohlmann@ci.stillwater.mn.us If to Consultant: FinnlyTech 12931 Bluebird Street NW Coon Rapids, MN 55082 Attention: Pat Walter Or emailed: pat.walter@finnlytech.com 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 agreement of the parties. 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 party'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. Severahility. 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. 4 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. 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. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk 5 lis: , i p opti-r 6 FinnlyTech Inc 12931 Bluebird St NW Coon Rapids, MN 55448 Software as a Service Master Agreement This Software as a Service (SaaS) Master Agreement ("Agreement") is between FinnlyTech Inc. ("FinnlyTech"), a Minnesota corporation with a principal place of business at 12931 Bluebird St NW, Coon Rapids MN 55448, and St. Croix Valley Recreation Center with offices at 1675 Market Drive, Stillwater, MN 55082 ("Customer") and is made as of the date signed by FinnlyTech on the signature page of this Agreement ("Effective Date"). FinnlyTech and Customer agree that the provisions of this Agreement apply to FinnlyTech' provision of Services to Customer, except as otherwise provided on an Order placed in connection with this Agreement. All capitalized terms used but not defined inline within this Agreement will have the meanings ascribed to such terms in Section 1. 1. Definitions In this Agreement, the words "you," "your," and "Customer" mean the person or entity named on the signature page of this Agreement as the Customer, and includes any authorized subcontractor, agent or consultant acting on its behalf. The words "we," "us," "our," and "FinnlyTech" each mean FinnlyTech, Inc. The term "Customer Data" has the meaning given in Section 13 of this Agreement. The term "Documentation" means user guides, manuals, and release notes for the Services. "Order" means FinnlyTech' standard form or Statement of Work for ordering the Services. "Services" means the services provided by FinnlyTech hereunder. The term "Software" refers to the FinnlySport suite of application software products. 2. Grant; Use Subject to the terms of this Agreement, we grant you and you accept a non-exclusive, non -perpetual, terminable and non -transferable (except as provided in Section 10) right to access and to use the Services for you and your subsidiaries and affiliates' internal business purposes. You are responsible for the acts and omission of your subsidiaries, affiliates, subcontractors, agents, and consultants with respect to their use of the Services and this Agreement. Your rights under this Agreement will automatically terminate upon expiration of or termination of this Agreement. Subject to the restrictions on use as set forth herein, Customer will have access to the Software and FinnlyTech' application Server for the purpose of using the software for its intended purpose and in accordance with the specifications set forth in any documentation relating to the Software provided by FinnlyTech. Such use and access will be continuous on a 24 hour, 7 days -a -week basis except for interruptions by reason of maintenance (which will be communicated to Customer in advance in writing) or downtime beyond FinnlyTech's reasonable control. The Customer understands that the reliability of the Internet and of connections to and from the Internet may be affected by factors beyond the control of FinnlyTech; because of this, it is impossible for FinnlyTech to guarantee that the service will be uninterrupted, that the Customer will be able to properly access and use the Software, or that the software will be provided without error. 3. Ownership; Reverse Engineering; Restrictions (a) FinnlyTech and its suppliers retain all title and ownership to the Services. FinnlyTech and its suppliers reserve all rights in the patents, copyrights, trade secrets and other intellectual property in the Services. You may not use the Services to provide time sharing services or operate a services bureau for third parties. (b) FinnlyTech hereby grants to Customer a non-exclusive, non-sublicensable, non -transferable (except in compliance with Section 10) license to prepare, reproduce, print, download, and use as many copies of the FinnlyTech, Inc. I FinnlySport Software as a Service Master Agreement (Ver 1.2) 0 OO 0 w v FinnlyTech Inc 12931 Bluebird St NW Coon Rapids, MN 55448 Documentation during the term of this Agreement as may be necessary or useful for any use of the Services under this Agreement. (c) You understand that the Services and Documentation and the terms and pricing under this Agreement constitute valuable properties and trade secrets of FinnlyTech, which are proprietary and confidential. You agree to maintain the confidentiality of such information and to protect the information to the extent permitted under Minnesota law as a trade secret by preventing unauthorized copying, use or disclosure of such information. In doing this you agree to maintain at least the same procedures that you maintain with respect to your own confidential information, which shall not be less than reasonable care. You may not provide access to the Services or Documentation or disclose results of any benchmark test of the Services, to any third party without FinnlyTech's prior written approval. FinnlyTech will likewise keep all Customer Data confidential in an identical manner and not disclose to third parties. (d) You may not remove, alter, or destroy any proprietary, trademark or copyright notices placed upon or contained within the Documentation. You acquire no rights of any kind in or to any trademark, trade name, logo or product designation under which the Services are marketed, and you may not make any use of the same for any reason. (e) You agree not to reverse engineer, modify, decrypt, extract, disassemble, copy, or decomplle the Services, or permit anyone else to. (f) You will promptly notify us upon becoming aware of any unauthorized use of any Services or Documentation. 4. Charges and Payment Except as otherwise set forth in an Order or Proposal (i) the recurring Services fees ("Recurring Fees") delineated on an Order or Proposal are due and payable in advance, and (ii) any applicable setup fee ("Initial Setup Fee") as delineated in an Order or Proposal is due and payable within 30 days of Customer's receipt of an invoice from FinnlyTech. Any additional charges for Services not covered by the Recurring Fees or Initial Setup Fee shall be due and payable within 30 days from the date of Customer's receipt of an invoice from FinnlyTech. FinnlyTech shall invoice Customer for all sales or use taxes, duties, or levies on the Recurring Fees or Initial Setup Fees at the then - prevailing rate, and such taxes, duties or levies shall be line items on all applicable invoices. 5. Equipment and Third -Party Software Certain Software provided by FinnlyTech may require that the Company purchase certain computer hardware or software from third parties. The list of recommended hardware or software may be updated by FinnlyTech from time to time, and in the event of any such update FinnlyTech shall provide notice to Customer of the same. The Company will be responsible for the selection, purchase and maintenance of such hardware and software. 6. Limited Warranty (a) (i) FinnlyTech warrants that the Services will substantially conform to and operate according to our then - current Documentation under normal use. We further warrant to you that the Services will not contain any contaminants, including any virus, trojan horse, worm, backdoor, or other software or hardware devices the effect of which is to permit unauthorized access to, or to disable, erase, or otherwise harm, any computer, systems, or software; or time bomb, drop dead device, or other software or hardware device designed to disable FinnlyTech, Inc. I FinnlySport Software as a Service Master Agreement (Ver 1.2) 0O FinnlyTech Inc 0e 12931 Bluebird St NW Coon Rapids, MN 55448 a computer program automatically with the passage of time or under the positive control of any person, or otherwise deprive Customer of its lawful right to use the Services. (ii) FinnlyTech warrants that the Services performed under this Agreement will be performed in a professional and workmanlike manner, using generally accepted industry standards, by trained and skilled personnel in accordance with the Service Level Agreement applicable to the Services (if any); provided, however, that FinnlyTech will not be liable for violation of any applicable law, rule or regulation or any third party claim associated with the Customer Data unless unlawfully used or disclosed by FinnlyTech. (iii) FinnlyTech warrants that FinnlyTech will protect the confidentiality of the Customer Data transmitted or stored by Customer, and/or persons under Customer's control through any Service provided hereunder and warrants that FinnlyTech will take all necessary precautions and actions to prevent a breach or misappropriation of the security of the Customer Data transmitted or provided by Customer under this Agreement. (b) The foregoing warranty shall commence the Effective Date and continue through the remainder of the term of this Agreement. As our sole liability to you in the case of a breach of the warranty set forth in (i) Section 6(a)(i), we will repair the Services with respect to any error, non -conformity or defect so that the Services can be used substantially in accordance with the specifications set forth in the Documentation; and (ii) Section 6(a)(ii) and Section 6(a)(iii), to provide the services level credits pursuant to the policy outlined in the applicable Service Level Agreement. We do not warrant that the Services will meet your requirements or will operate uninterrupted or error free. (c) EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 6(a), THE SERVICES ARE PROVIDED "AS IS", AND TO THE FULLEST EXTENT PERMITTED BY LAW, FinnlyTech AND ITS SUPPLIERS EXCLUDE ALL OTHER EXPRESS AND IMPLIED TERMS, WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Indemnification At our expense we will defend, indemnify, and hold you harmless against (i) any breach of warranty under this Agreement, or (ii) any third -party claim that the Services infringe a patent, trademark, copyright, or other intellectual property right enforceable in any country in which FinnlyTech or its affiliated companies have operations in accordance with this Agreement. We will pay all costs, damages, and attorney's fees that a court finally awards because of such claim. But you must give us prompt written notice of the claim, cooperate fully (at FinnlyTech's cost) with its defense, and give FinnlyTech sole authority to control the case and any related settlement negotiations. We will not be responsible for any settlement made without our written consent. If a third -party infringement claim is sustained in a final judgment from which no further appeal is taken or possible, or Iryour use or Lhe services Is enjoined by a court, then we shall, in our sole reasonable election and expense, either: (i) procure your right to continue to use the Services in accordance with this Agreement; (ii) replace or modify the Services to make them non -infringing; or (iii) if (i) and (ii) are not reasonably feasible, terminate this Agreement and refund to you the Initial Setup Fee and, in addition, any other fees paid by you during the 3-month period then preceding the termination. FinnlyTech, Inc. I FinnlySport Software as a Service Master Agreement (Ver 1.2) FinnlyTech Inc 12931 Bluebird St NW Coon Rapids, MN 55448 8. Limitation of Liability (a) The parties hereto agree that, to the fullest extent permissible under law, in no event shall a party, and in the case of FinnlyTech, its suppliers, be liable to the other for any direct or indirect loss of profits or any incidental, consequential, indirect, special or punitive damages (including without limitation lost savings, loss of use or loss of data) arising out of or related to this Agreement or with respect to the installation, use or operation of the Services, whether in contract, tort, negligence or other form of action even if the party has been apprised of the possibility of such damages. This Section shall apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation on consequential damages shall be disregarded in the event of a breach or misappropriation of Customer Data. (b)The limits described in this Section 8 shall not apply with respect to a breach of the obligations under Sections 3 (Ownership; Reverse Engineering; Restrictions), Section 6 (a) (II) and Section 11(Export) and shall not limit FinnlyTech' obligations under Section 7 (Indemnification) or Customer's obligations under Section 14 (Customer Obligations). 9. Terms and Termination (a) Subject to the terms and conditions contained herein, this Agreement shall commence on the Effective Date and shall continue for a term of three (3) years (the "Initial Term"). Upon expiration of the Initial Term, we may offer you the option of renewing the Agreement for one or more additional terms having a fixed number of months (each, a "Renewal Term" and collectively with the Initial Term, the "Term"). If you do not renew the Agreement for a fixed Renewal Term, it will automatically renew on a month -to -month basis unless and until one of us provides the other with at least thirty (30) days' advance notice of non -renewal, or unless terminated earlier under the terms contained within this Agreement. (b) After the first year, prices are subject to a maximum of 5% change by FinnlyTech upon sixty (60) days written notice to customer. FinnlyTech may terminate this Agreement: (i) on written notice upon Customer's failure to pay amounts when due, after 30 days' written notice and failure to cure; (ii) for breach of a material provision of this Agreement, after 30 days' written notice and failure to cure; (iii) if FinnlyTech is unable to perform the Services hereunder due to Customer's acts or omissions; (iv) upon any regulatory decision or governmental order requiring FinnlyTech to suspend Service(s), or (v) if Customer files for bankruptcy or reorganization or fails to discharge an involuntary petition therefore within 60 days after filing. Any termination hereunder, except under 9(a)(iv), shall subject Customer to applicable termination and other accrued charges. (c) At any time without cause and without causing any breach or incurring any additional obligation, liability, or penalty, Customer may terminate this Agreement and, except as may otherwise expressly be set forth therein, any Orders, in each case by providing at least thirty (30) days' prior written notice to FinnlyTech. (d) Upon termination for any reason, Customer shall immediately cease use of the Services and shall, within 30 days following the date of termination, destroy all copies of the Documentation or else return such Documentation to us and FinnlyTech shall, within 30 days following the date of termination, destroy all data files of the Customer and return an electronic copy of such files to Customer. 10. Assignment. You may not license, sublicense, assign, sell, rent, lease, or otherwise transfer the Services or this Agreement without our prior written consent. Notwithstanding the foregoing, you may, without our consent, (a) assign this FinnlyTech, Inc_ I FlnnlySport Software as a Service Master Agreement (Ver 1.2) Page 4 o•o e • 0 e FinnlyTech Inc 12931 Bluebird St NW Coon Rapids, MN 55448 Agreement to a subsidiary or affiliate, provided you remain liable for such entity's performance; and (b) assign this Agreement to another entity pursuant to a merger, consolidation, or acquisition of all or substantially all of your assets; provided that in each case you notify us of the assignment in writing and the assignee agrees to be bound by this Agreement. 11. Governing Law and Disputes This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. 12. General (a) Any failure by either party to enforce at any time or for any period the provisions of this Agreement shall not be construed as a waiver of such provision, or of the right to enforce that provision. (b) Each of us agrees that any material breach of this Agreement may cause the other party irreparable harm, and that such non -breaching party may seek injunctive relief. (c) In the event any part of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. (d) The headings of each provision of this Agreement are for reference purposes only. This Agreement may not be modified unless the modification is in a writing signed by both parties. This Agreement, and the Order that accompanies it, is complete and constitutes the entire agreement between us with respect to the Software and Services. This Agreement will be binding on and will inure to the benefit of the heirs, executors, administrators, successors, and assignees of the parties hereto but nothing in this Section will be construed as consent to any assignment of this Agreement except as provided above. (e) Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or 5 days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to FinnlyTech at the addresses set forth above, or addressed to Customer at the address set forth in the initial Order, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this paragraph. 13. Customer Obligations (a) Customer will allow FinnlyTech, for the sole purpose of its Service performance hereunder, to copy, display, distribute, download, transmit and otherwise use the Customer Data solely on behalf of Customer. (b) Customer warrants and represents that it has all necessary right, title, and interest in the Customer Data, and that it has obtained all consents, licenses, permissions, and releases necessary to grant FlnnlyTech the right to process the Customer Data in accordance with thisAgreement. (c) Customer shall comply with all applicable laws and regulations and with FinnlyTech' reasonable Policies and Procedures, which Policies and Procedures are communicated in writing, including by website link, as may be in effect from time to time. FlnnlyTech, Inc. i FlnnlySport Software as a Service Master Agreement (Ver 1.2) ■ • �r� + a FinnlyTech Inc 0 12931 Bluebird St NW Coon Rapids, MN 55448 (d) "Customer Data" means the text, data, images, sounds, photographs, illustrations, graphics, programs, code and other materials transmitted or stored by Customer, and/or persons under Customer's control through any Service provided hereunder. (e) The Customer Data will not violate or infringe the rights of others, including, without limitation, any patent, copyright, trademark, trade dress, trade secret, privacy, publicity, or other personal or proprietary right. (f) The Customer Data will not violate any laws to which Customer or FinnlyTech may be subject or constitute a defamation or libel of FinnlyTech or any third party and will not result in the obligation of FinnlyTech to make payment of any third -party licensingfees. (g) Customer acknowledges and agrees that FinnlyTech exercises no control over, and accepts no responsibility for, the content of the information passing through FinnlyTech' network or the Internet. Customer assumes responsibility for its use of the Services, and the Internet. Customer understands and agrees further that the Internet contains materials some of which are socially inappropriate or may be offensive; and is accessible by persons who may attempt to breach the security of FinnlyTech and/or Its network(s). FinnlyTech has no control over and expressly disclaims any liability or responsibility whatsoever for such materials or actions. Customer and its users and end users access the Service at their own risk. FinnlyTech is not liable for the content of any data transferred either to or from Customer or stored by Customer or via the Services provided by FinnlyTech. (SIGNATURE PAGE FOLLOWS] FinnlyTech, Inc. I FinnlySport Software as a Service Master Agreement (Ver 1.2) int 0 fill 0••0 The following contract has been accepted by the following parties: FINNLE H IN Bv: • natur Pat Walter (Typed or Printed) FinnlyTech Inc 12931 Bluebird St NW Coon Rapids, MN 55448 (Date) President (Title) CUSTOMER: St. Croix Valley Recreation Center By: (Signature) (Date) (Typed or Printed) (Title) FinnlyTech, Inc. I FinnlySport Software as a Service Master Agreement (Ver 1.2) Page c/i?° FinnlyTech aUo Y St Croix Valley Recreation Center - FinnlyTech Quote created on May 4, 2022 - Reference: 20220504-104255372 St Croix Valley Recreation Center Market Drive 1675 Stillwater, Minnesota 55082 United States Doug Brady recctr@ci.stillwatermn.us (651) 430-2601 Products & Services Facility - Small 1 x $2,998.00 / year Includes booking of facilities, invoicing, drag and drop grid, reporting, payments, for 3years digital display, and online display & purchase Facility Setup and Training Pricing includes client setup and configuration and application training for the Facility module Activity Registration - Small The ability to register for classes and programs in-house Activity Registration Setup Pricing includes client setup and configuration and application training for the registration module Digital Display Integration to in-house displays to show facility schedules and locker room ;issignments. Also, the ability to add advertising (feature coming soon) Digital Display Setup Pricing includes client setup and configuration and application training for the Digital Display module 1 x r1 ar9K:U1 25% discount $1,498.50 1 x $2,998.0D /year for 3 years 1 x s: Y1:4 7i ; 25% discount $748.50 1 x 69-5 3.08-/-yc;;r 100% discount $0.00 / year for 3 years 1 x $750.00 100% discount $0.00 FinnlyConnect 1 x $0.00 Custom online page that integrates with your current website. FinnlyConnect Setup Pricing includes client setup and configuration and application training for the FinnlyConnect (Online) module 1 x $7.59-ee 100% discount $0.00 Credit Card Merchant 1 x $0.00 Fully integrated Credit Card Processing to enable in-house and online credit card payments. Recurring discount Recurring subtotal One-time discount One-time subtotal Total This quote expires on June 30, 2022. Signature Signature Jae Kohlmann, Stillwater City Administrator Printed name Printed name May 13, 2022 D ate $750.00 / year $5,996.00 / year $2,249.00 $2,247.00 $8,243.00 illwater THE B I R T H P L A C E O F M I N N E S O T A DATE: March 31, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Annual State Performance Measurement Program BACKGROUND The City of Stillwater Strategic Plan goal of Developing Organization Excellence includes an action item to participate in the State of Minnesota Performance Measurement Program as established by the State Council on Local Results and Innovation. Participation in the program requires reporting the results of a minimum of ten performance measures (as developed by the State) to the Office of the State Auditor annually. The City of Stillwater has chosen the measures in the areas of general, police, fire, and streets performances. The City of Stillwater has chosen 10 of the performance measures. General Measure • 51 % of residents rate Stillwater as an excellent place to live (2019 survey results). • Percentage change in taxable property market value O 2018 — 6.92% O 2019-6.12% O 2020 — 8.97% O 2021 — 0.90% • Moody's Bond Rating O 2018 —Aa2 O 2019 — Aa2 O 2020 — Aa2 O 2021 — Aa2 Fire and EMS Measure • 96% of residents responding to the survey feel the Stillwater Fire Department's service is very good to excellent (2021 survey results). • Insurance Service Office (ISO) rating of 4 • Fire call per 1,000 population O 2019 — 21 O 2020 — 16 O 2021 —18 • EMS calls per 1,000 population O 2019 — 51.95 O 2020 — 52 O 2021 — 59 Police Services Measure • 94% of residents responding to the survey rate the service from Stillwater Police Department as positive (2021 survey results). • Part I Crime Rates O 2018 — 873 O 2019 —1,431 O 2020 —1,464 O 2021 — 1,170 • Part II Crime Rates O 2018 — 2,979 O 2019 — 2,924 O 2020 — 2,518 O 2021 —1626 • Part I Crime Clearance Rates O 2018-25% O 2019-20.7% O 2020 — 17.6% O 2021 — 14.7% • Part II Crime Clearance Rates O 2018-57% O 2019-54% O 2020 — 40.6% O 2021 — 53.6% Streets • 49% of Stillwater residents responding to the survey rate the overall quality of Street Maintenance as good and 49% feel the sidewalks are in good condition (2020 survey results). • Average city street pavement condition rating O 2019 — 6.72 O 2020 — 6.72 O 2021 — 6.72 ACTION REQUESTED Council should pass a motion approving the participation in the Minnesota Performance Measurement System Program. City of Stillwater Washington County, Minnesota RESOLUTION 2022- APPROVING PARTICIPATION IN MINNESOTA PERFORMANCE MEASUREMENT SYSTEM PROGRAM WHEREAS, the benefits to the City of Stillwater for participation in the Minnesota Council on Local Results and Innovation's comprehensive performance measurement program are outlined in Minn. Stat. §6.91, and include eligibility for a reimbursement as set by State statute; and WHEREAS, any city or county participating in the comprehensive performance measurement program may also be exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, the City of Stillwater has adopted and implemented at least ten of the performance measures, as developed by the Council on Local Results and Innovation, and the City of Stillwater has used and will continue to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes. NOW THEREFORE BE IT RESOLVED THAT, the Stillwater City Council does hereby approve to continue to report the results of the performance measures to its citizenry by December 31, 2022 through publication, direct mailing, posting on the city's/county's website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, that the Stillwater City Council does hereby approve submittal to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. Adopted by the Stillwater City Council this 7th day of June, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater THE BJRTHPLACEOFMINNESOTA DATE: May 31, 2022 TO: Honorable Mayor and City Councilmembers FROM: Nick Chaves, Street Superintendent SUBJECT: 2022 Crack Sealing Project. BACKGROUND City staff received bids from three companies for Crack Sealing City streets that have been reconstructed or overlaid in the past few years. MP Asphalt was low bidder on the project at $16,830.00. Funding for this project will come out of the Street Department's operating budget. RECOMMENDATION Staff recommends approving the contract for work on the 2022 Crack Sealing Project with MP Asphalt. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2022 CRACK SEALING PROJECT. Project: 2022 Crack Seal THE B''iRTHPI Al, OF MINNLSO'A AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 24th day of May, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and MP Asphalt Maintenance, 3315 Aetna Ave NE, Buffalo, MN 55313 ("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 5/5/2022 , 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. I 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. 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 Nick Chaves 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 Matt Leaf to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff 2 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. 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 MP Asphalt Maintenance 216 4th Street North 3315 Aetna Ave NE Stillwater, MN 55082 Buffalo, MN 55313 Attention: Nick Chaves Attention: Matt Leaf Or e-mailed: nchaves@ci.stillwater.mn.us Or emailed: matt@mpasphalt.net 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. 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 MINNESOTA ) ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this of , 2022 by Joe Kohlmann, City Administrator and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF Notary Public Commission Expires: / / Commissioned At: COMPANY NAME By: By (Please Print): Title (Please Print): ) ss. The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: / / Commissioned At: 4 lwa ter £ pw ir+arrafPi bl Wot City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4103 651-275-4112 Fax nchaves@ci.stillwatermn.us 2022 Street Crack Seal Program Bid Proposal Item # Item Description Unit Quantity Unit Price Amount 1 Streets (See Attached Map) - Rout and Seal RS 99 $170.00 $16,830 GRAND TOTAL (BASIS OF AWARD) Contractors Anticipated Start Date Contractors Anticipated Completoin Date $ $16,830 May 30th June at1i - Bids must be received no later than 3:00 pm on May 20th, 2022. - $20,000.00 maximum contract amount. - Bids may be submitted by mail, email, fax or in person to City Hall at above address, Attn: Nick Chaves. - Resposible Contractor Verification and Certification must be submitted with the Bid. - Bids should be labeled: 2022 Street Crack Seal Program. - All bids must be submitted on the City's proposal form and be a complete proposal. - Mobilization and Traffic Control incedental to bid prices. - Project specifications will be governed by MnDOT 2022 Spec Book. - Please provide any additional comments, modifications, or suggestions to the bid prior to bid due date. - Questions contact Nick Chaves at 651-275-4103 or nchaves@ci.stillwater.mn.us - The City reserves the right to add or subtract quantities. - IC 134 must be submitted prior to final payment. - The City anticipates the work be done on or before August 26, 2022. Date: 05/05/2022 Company Name: MP Asphalt Maintenence Print Name Matt leaf Address: 3315 Aetna Ave NE Buffalo, MN 55313 Signature: - Title: CEO Phone: 763-402-3526 Email Address: matt@mpasphalt.net Dogwood Rd:N 1 alto St /I = 3 RoutweR Cemetery Rutherford C4mernry zi • dilP 9h.,,sar 02 Marcy PI Dellvao°Q Rd it l roitN to U �71tlh1 Wtn L41e 5 McKunck Rd N Sr N rill 75th5tN [ill BOth St N nN Tlh Si N %91H1 Trd Nonni. nd Or. rnt5i rs Po nil cn°s'e+�W C.P'R 92nd Sr N 6oth5 N 2 C ion[ c ew Are W a- Sloq#Onepe eteMeary School Stillwater Township Wilkins S! W Z rup.nS HElm St y Hhory St W [s] Rw N M Maes° _*semw {oat SlWyC IY� ; I▪ ' ,� u •`5 � Ora iingt Wne St W :frAtetif Rty - 7 Nlud IetP ode::t, 51 W Curve Crew RlvdW C.UMG Spm Si to ki lower Orw River 140,phit Plan, 1 rOmnJr R.s w Will Si N Oraeem5I W Me{+n St taue1 5 Linden 5r t Olive wuat11uW abagn es %. CReetei Lakeview e.m No.pl! J .ti' Veen.. to 6 r Y •p5 es • ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. ... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) (2) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* Rev. 11-13-2014 Page 1 of 6 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) (5) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6), Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Rev. 11-13-2014 Page 2 of 6 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was subm itted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) I have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorized Signature of Owner or Officer: Title: CEO Company Name: MP Asphalt Maintenance Printed Name: Matt Leaf Date: 05/05/2022 NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. Rev. 11-13-2014 Page 3 of 6 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project.... FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located Rev. 11-13-2014 Page 4 of 6 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5. ... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.... ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) home office is located Rev. 11-13-2014 Page 5 of 6 illwater THE BIRTHPLACE O F M I N N E S O T A DATE: May 19, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Washington County Municipal Recycling Grant BACKGROUND Each year staff applies for and receives a grant from Washington County to develop and implement recycling activities, education and within the city. The funding formula is based on household count and reycling pogram activities. It covers administrative expenses and specific projects related to achieving recycling goals. Each year the city uses this grant to promote recycling information in our city newsletters, social media and on the city website. Other projects for 2022 will include development of promotional materials for apartment complexes, children education programs at Teddy Bear Park and distribution of recycling information at the Night to Unite event in Washington Square. RECOMMENDATION Staff recommends approving the attached Washington County Recycling Grant Distribution Agreement that will allow us to use the grant funds toward the projects mentioned above. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Washington County 2022 Municipal Recycling Grant Distribution Agreement. 2022 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION WASHINGTON COUNTY CONTRACT #14835 PUBLIC HEALTH & ENVIRONMENT TERM:Date of final signature - 12/31/22 THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, 216 North Fourth Street Stillwater, MN 55082 hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2022. 2. The County's Obligations: The County will pay the Grantee an amount of up to $35,500.00 which is to be used for recycling program expenses in 2022. Payment will be within 60 days of execution of this Agreement. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2022 Municipal Recycling Grant Application and the guidelines therein (Exhibit A). b. The Grantee will use all recycling grant money received in 2022 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling projects the following year. c. The Grantee shall sign and return this Agreement to the County by July 1, 2022. Failure to do so will result in a reduction or loss of grant funds. d. The Grantee agrees to support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Grantee will prepare and submit annual work plan project reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by January 31st of the year following the reporting period. The annual reports are available on the County's Municipal Recycling Grant Application and Reporting software (Re-TRAC Connect). f. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste generated by city/township government activities (including city/town halls, public -1- g• works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) shall be delivered to the Ramsey/Washington Recycling and Energy Center in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service, the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance #178 or its replacement, Ordinance #194, effective July 1st, 2014. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of grant funds. 4. Indemnification and Insurance: a. The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. b. The Grantee agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. (if applicable) Prior to the effective date of this Agreement, the Grantee will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement. As a condition subsequent to this agreement, Grantee shall insure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Vendor to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County. -2- Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Condition Subsequent: It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 7. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 8. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 9. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation, disability, marital status, public assistance status, criminal record, creed or national origin, -3- be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 10. Firearms Prohibited: Unless specifically required by the terms of this contract or the person it is subject to an exception provided by 18 USC§ 926E or 926BC (LEOSA) no provider of services pursuant to this contract or subcontractors shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision is grounds for immediate suspension or termination of this contract. 11. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 12. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 13. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. 14. Force Majeure Events:: For purposes of this agreement, "Force Majeure" refers to an event that by its nature is -4- unforeseen, or, if it was foreseen, was beyond reasonable control by either party, and includes COVID-19. With a Force Majeure event of COVID-19, the parties agree to 1) make an attempt to reschedule any such municipally planned events impacted by COVID-19 included but not limited to community clean-ups, collection events, planned performances, and promotional campaigns, or 2) substitute the impacted event with other acceptable recycling efforts as outline in Exhibit A of this agreement. -5- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE BY TITLE DAT E -6- WASHINGTON COUNTY BY David Brummel, Director Department of Public Health and Environment DATE APPROVED AS TO FORM BY: /5/ KEVIN MAGN USON Ass't Washington Co. Attorney Municipal Recycling Grant Guidelines 2022 Municipalities in Washington County are responsible for establishing and maintaining municipal recycling programs. The County provides educational, financial and technical assistance to local governments to aid these programs. The County's municipal recycling grant program assists municipalities with recycling program expenses. Grant funding levels are dependent on municipality household counts and recycling program activities. Municipalities are encouraged to apply for the maximum level of funding. Four levels of grant funding are available: 1. A base amount is provided to cover administrative and program expenses to sustain existing programs and covers the BASIC category of the recycling continuum. Base funding is dependent on the number of households in a community. 2. A second level, project funding, is targeted to specific grant projects that are related to achieving recycling goals and covers projects contained in the IMPROVED and ADVANCED categories of the recycling continuum. 3. A third level, incentive funding, is one-time special project funding for large projects or purchases that cannot be covered with project funding. 4. A fourth level, shared resources funding, is targeted to fund collaborations among municipalities. I. Eligibility Requirements In order to receive funding through the Washington County municipal recycling grant program, municipalities must meet the following eligibility requirements: 1. A municipality's curbside recycling program shall be established by ordinance or a contract with a recycling contractor and be in operation during 2022. 2. Municipality must support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. 3. All multi -unit dwellings (4 or more units) must have recycling service available. 4. At a minimum, the municipality must meet or plan to meet the components under the BASIC category of the recycling continuum (see page 9). 5. At a minimum, municipal staff must participate in two recycling coordinator meetings and one meeting with PHE staff per year to develop the two year grant project work plan. 1 6. Supply Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law (if applicable) 7. Complete projects and performance measures outlined on the application or return funds for incomplete projects. 8. Complete the previous grant cycle expenditures and project final reports as well as submitted a complete application for the current grant cycle. 9. Continue to make progress along the municipal recycling performance continuum. II. Funding Application Municipalities must complete a funding application by April 14th, 2022 to receive grant funding. Completed applications and yearly work plan must be submitted using the Re-TRAC Connect program. III. Grant Funding Allocation Funding is separated into four (4) categories: 1. Base funding: funding for activities that sustain the municipalities existing recycling program. This includes funding for administration of a recycling ordinance, resident questions, completing the municipal grant application, work plan and annual report, residential recycling information, website maintenance, and meeting the BASIC category of the continuum, which can be found on page 9. The table below shows how base funding is determined for each community. # of Households Eligible Amount for Base Funding <450 $1,500.00 451-1000 $2,500.00 1001-2000 $5,000.00 2001-5000 $10,000.00 5001-10000 $20,000.00 >10000 $30,000.00 Note: household data is retrieved from the Metropolitan Council's most recent population estimates. These estimates are the official population and household estimates for state government purposes, including how local government aid (LGA) and local street aid allocations are determined. Previous year estimates are prepared the following year and certified by July 15. 2. Project funding: funding to develop and implement new or expanded recycling projects that encourage movement along the recycling continuum in the IMPROVED and ADVANCED categories, found on page 9. A municipality is eligible to receive $0.50/household per project. A municipality may qualify for up to four projects per year. 2 3. Incentive funding: one-time special project funding for large purchases that cannot be covered with project funding. Incentive funding can be applied for after the April 14th, 2022 grant application deadline so long as the municipality meets to discuss with PHE staff. Funding can be requested and utilized at any time during the 2022 grant cycle. 4. Shared Resource funding: this is targeted to fund collaborations among municipalities. Municipalities participating in shared resource funding must designate one municipality to act as representative and fiscal agent to be liaison with the county. IV. Eligible Expenses Grant funds may be used for the following recycling related expenses: 1. Administrative (maximum of 75% of County grant funds effective 2022) • Salary and legal costs of personnel only while directly working on, part time or full time, the planning, implementation and promotion of eligible activities. • Salaries, benefits and mileage for consultant services or temporary help with prior written approval from PHE and must be related to eligible activities. • County -approved educators, performers, and municipal staff who help implement required education activities using County toolkits and standardized messaging. 2. Capital expenses • Event recycling containers (i.e. Clear Stream recycling) • Public space recycling containers (i.e. parks, trails, athletic facilities) • Recycling containers and education for municipally owned/operated buildings and internal spaces • Municipal (residents only) food scraps drop-off site (i.e. collection costs, signage, promotion) 3. Public Education and Promotion • Design, production, and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and e-news) and other communication promotional items reaching at least 1% of population • Updating and disseminating Washington County flyers, brochures, newsletters, posters, advertisements, videos, billboards, audio (radio, video, television, theatre) electronic (website and e-news) and other communication promotional items • Development of promotional materials for a community event such as a clean-up day or road clean up event • The percentage of cost for a municipality's newsletter devoted to recycling • Environmental commissions and related expenses directly related to recycling and waste education (maximum of 25% of County grant funds) 4. Other • Yard waste, recycling, or composting project (i.e. backyard composting 3 promotion activities) • Reuse projects and promotion • Other expenses with prior written approval from the PHE V. Ineligible Expenses 1. Permanent, single sort, year-round recycling drop-off locations 2. Disposal expenses related to community clean up events or road cleanup activities such as wages to workers and hauling/disposal expense for trash or material collected and used as a fuel such as tires and used oil 3. Expenses for non -waste abatement, such as energy or ground water 4. Ongoing recycling or garbage service fees (collection, processing, transportation) 5. Costs for office equipment and supplies 6. Street sweeping expenses 7. Beautification projects or rain gardens 8. Lobbying and legal expenses 9. Food or refreshments 10. Funding currently budgeted or being provided by applicant VI. List of Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection PHE created the list of standard recyclable materials to be collected curbside after researching current materials collected curbside by haulers as well as the availability of viable end markets for those materials. This list covers only the minimum materials recommended for residential curbside collection. A municipality may require the collection of additional recyclable materials. A municipality may choose how to enforce such as through ordinance or hauler licensing. At a minimum, the following materials must be included in the municipality's curbside program: Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection Paper • Boxboard including corrugated cardboard (OCC) • Envelopes- window and metal clasps acceptable • Magazines and catalogs • Mail, office and school paper • Newspaper and inserts • Phone books Cartons • Milk and broth cartons • Juice boxes Metal • Food and beverage aluminum/tin/bimetal cans Glass • Food and beverage bottles and jars 4 Plastics • PET (#1) — water, soda and juice bottles — ketchup and salad dressing bottles • HDPE (#2) — Milk and juice jugs — Dish soap bottles and detergent jugs — Shampoo, soap and lotion bottles • PP (#5) — Yogurt, pudding and fruit cups — Margarine, cottage cheese and other tubs This standard list of recyclables for single sort recycling collection will be periodically reviewed and updated by PHE as additional materials and end markets become available. PHE may add materials to this list and require municipalities to begin collection of the new materials within one year of receiving notification from the PHE. VII. Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law As a condition of eligibility for the Washington County Municipal Recycling Grant funds, pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated by municipal government activities, including, but not limited to city/town halls, public works buildings, parks, etc., and waste arranged or waste contract for on behalf of its residents (such as organized garbage collection), must be managed in accordance with the County's Solid Waste Management Plan and delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of the Municipal Recycling Grant Agreement. VIII. Reporting 1. Hauler Reporting The Minnesota Pollution Control Agency will collect tonnage reports directly from haulers on behalf of Counties and Municipalities. Reports will be collected on a quarterly basis and will have tonnage amounts for MSW/garbage, recycling and source separated organics listed for each County. To ensure data is provided to the State quarterly, municipalities are expected to continue their role in enforcing hauler compliance through existing ordinances, contracts or licenses with haulers. Municipalities are expected to exercise punitive actions, if needed. The final, compiled hauler reports will be available on the County's Re-TRAC Connect system for municipality's to view after the reporting period has closed. 2. Annual Work Plan Project Status Reports Municipalities receiving funding through the Washington County municipal recycling 5 grant program must complete annual work plan project status reports. The annual report is a measure of a municipality's progress towards meeting components on the recycling continuum and on program expenditures. Annual reports must be completed by the municipality receiving the grant by mid -February of each year using the County's Re-TRAC Connect system. a. Work plan project status report: • project completion (yes/no) ■ performance measurements (minimum of 3 forms of measurement, as identified in work plan, should be reported) • description of information helpful to other municipalities desiring to replicate projects 3. Final Program Expenditures Report Municipalities receiving funding through the Washington County municipal recycling grant program must complete final program expenditures report at the end of the grant term. Reports must be completed to receive funding in future grant cycles. Components to be included in the final report includes the following: a. Program expenditures: Total program expenditures must equal total program revenue. ■ Administrative costs including — Direct salaries — Direct membership, training, subscriptions — Consultant services and or temporary help — Promotion — Design, printing and postage — Advertisements — Videos — Promotional items — Special events — Other (list and describe) • Capital Costs • Collection Costs (recycling grant funds cannot be used for collection costs) • Other b. For each line item on the report's expenditures sheet, indicate: • Total County grant funds used • City/Township funds contributed ■ % of County grant used for particular line item • Total expenditures IX. Recycling Performance A municipality's performance will be evaluated based on information from the annual work plan project status reports, and reasonable effort towards reaching outcomes from work plan 6 activities implemented and progression along the recycling continuum. PHE reserves the right to request documentation for information submitted. Failure by a municipality to demonstrate measureable progress towards one or more of the work plan goals will result in a Recycling Improvement Plan be submitted 90 days of being notified by PHE. The Plan must be negotiated with PHE and specify the efforts that will be undertaken by the municipality to improve its recycling program to achieve the identified goal in the work plan by implement strategies agreed upon by municipal staff and PHE. The plan should focus on components of the recycling continuum. Funding may be withheld until the municipality's Plan is completed and approved by PHE. X. County Responsibilities 1. Grant documents PHE will provide the grant application and work plan by January 1st for each municipality to use to request grant funding and to develop project work plans. PHE will also provide the annual report for municipalities to report on their recycling program. Annual reports are available year round. 2. Meetings PHE staff will continue to host quarterly recycling coordinator meetings and will make meeting materials available on the City Recycling Resources webpage on the County's website. PHE staff will also continue to coordinate individual work plan meetings with each municipality to identify grant projects. 3. Technical assistance PHE staff will help identify if and how additional technical assistance is needed. 4. Payments Grant payment will be made in one installment, which is to be used for recycling program expenses in 2022. The payment will be made within 60 days of execution of the Recycling Grant Agreement. 5. Recycling tonnages Recycling tonnages for each municipality will be collected by the Minnesota Pollution Control Agency (the State) from the community's recycling hauler(s) on a bi-annual basis. Reports are available on the County's Re-TRAC Connect system. 6. Residential recycling survey If requested, PHE will assist in the development of a survey on residents' recycling knowledge and behavior for municipalities to promote and distribute regularly. 7. Online recycling information and best practices PHE will maintain the City Recycling Resources webpage on the County's website for use by municipal staff to obtain information on recycling best practices, learn about other grantee projects, track recycling coordinator meetings, and access templates and other educational information designed specifically for use by municipalities. 8. Commercial Recycling 7 PHE has a separate funding mechanism to promote and support recycling in the commercial sector. This program is called BizRecycling and more information can be found at www.bizrecycling.com. 9. Recycling in multi -unit dwelling (4+ units) PHE has a separate funding mechanism to promote and support recycling in multi -unit dwellings. More information and ways to access this program can be found on www.bizrecycling.com. Supplemental documents required upon application submittal: ❑ Current waste and recycling ordinance(s) (if applicable) ❑ Current waste and recycling contract(s) (if applicable) ❑ City/Township council meeting minutes (if applicable) ❑ Verification of public entities law (Minnesota Statute 115.471 and 115A.46) (if applicable) ❑ A certificate of insurance indicating the municipalities' general liability limits as indicated in Section 4 of the Agreement. Please be sure to include the certificate with the application and not have it sent separately by Your insurance carrier. 8 Washington County Municipal Recycling Grant Continuum ADVANCED Administrative Provide professional development opportunities to municipal leadership and staff on recycling best practices Develop partnerships with other municipalities Update solid waste/recycling ordinance and/or contract with the assistance from the county to expand and require recycling best practices Adopt municipal policies to support waste reduction, reuse, and recycling Capital Expenses Establish municipal drop locations for use by residents for items not available for curbside pick-up Develop programs that target reuse Expand away from home recycling opportunities, such as fairs, parks, athletic fields, arenas, and recreation centers Education & Information Provide recycling and waste information to new residents in the community Establish recycling targets for the community Store county provided Clear Streams recycling containers and Special Events toolkits for use by community Provide recycling and food scrap containers for events hosted or sponsored by the municipality or located on public property Establish reuse incentive programs or equipment library Multi -Unit Dwellings Target education to multi -units and/or property managers Coordinate clean-up events for multi -units based on multi -unit turnover _ IMPROVED Administrative Engage in professional development around recycling best practices Develop partnerships within the community to create more widespread knowledge of recycling best practices Update solid waste/recycling ordinance and/or contract with assistance from county to meet current state requirements and language Support community wide efforts to increase recycling of non- standard items Capital Expenses Provide recycling in municipally owned/operated public spaces Provide recycling in municipally owned/operated buildings (non- public facing) Replace worn/torn/missing signage Education & Information Improve and maintain information on web page to encourage waste reduction and reuse Encourage backyard composting and provide information on county's compost bin/rain barrel sales Encourage special events in community to utilize the county's special event resources Reach 1% of resident population with municipal waste and recycling information and programs Encourage reuse opportunities and provide outreach on environmental benefits of reuse Multi -Unit Dwellings Provide educational materials to interested properties and refer property managers to Washington County staff Host clean-up event for multi -units BASIC Administrative Actively participate in municipal recycling grant program Participate in a minimum of two recycling coordinator meetings per year, either virtually or in person Sustain a curbside recycling program by ordinance or contract Require collection of standard list of recyclables updated annually by the county Support state efforts in obtaining hauler reports through ordinance, contract or license requirements Capital Expenses _ Replace worn/torn/missing signage or updated signage provided by the county Education & Information Establish and maintain web page with recycling and waste information for residents and businesses that at a minimum provides hauler and collection information, city disposal locations, and city container requirements Share designated county created communications or link, and maintain links, to them on county web page Multi -Unit Dwellings Ensure all multi -unit dwellings (4 or more units) have recycling services available i 1 lwa ter THE BIRTHPLACE OF MINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: 2022 Well House Repairs Contract BACKGROUND Contractor will be replacing roofing, siding, doors, soffit and fascia as needed at three different sites (the Owens site will not be done). The City received two quotes, the lowest was from Ideal Construction Services for $26,150.00. Funding for this project will be paid out of the Utilities Capital Outlay budget. RECOMMENDATION Staff recommends approving the contract for work on the 2022 Capital Outlay Project — Well House repairs with Ideal Construction Services. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2022 WELL HOUSE REPAIRS. Project: Well House Repairs #12, #8, #6 SiStillwatt'L 1�E BIRTHFF AI F OE MINNIJO! A AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 31st day of May, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Ideal Construction Services , 1372 Pine View Trail. Houlton, WI 54082 ("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 3/24/2022 , incorporated herein as Exhibit A; (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. 4. TERMINATION AND REMEDIES. 1 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. 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 Robert Benson 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 Harrison Koehnen 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 2 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: City of Stillwater 216 4t" Street North Stillwater, MN 55082 Attention: Robert Benson If to Contractor: Ideal Construction Services. 1372 Pine View Trail Houlton, WI 54082. Attention: Harrison Koehnen Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: ideal.const.serv@gmail.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. 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 MINNESOTA ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of , 2022 by Ted Kozlowski, City Administrator and Beth Wolf, City Clerk for the City of Stillwater, CONTRACTOR STATE OF MINNESOTA COUNTY OF Notary Public Commission Expires: _/_/ Commissioned At: COMPANY NAME By: By (Please Print): Title (Please Print): ) ss. The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: _/_/ Commissioned At: 4 Accepted By Ideal Construction Services 1372 Pine View Trail Houlton, WI 54082 US 6512334385 ideal.const.serv@gmail.com ADDRESS Robert Benson City Stillwater Water Dpt IDEAL CONSTRUCTIONs 1320 4th St S. Remove and replace with fiber cement, corner trim, window trim, 3 exterior doors, 2 gable vents aluminum soffit and fascia Door allowance $450.00 845 Sunrise Ave Remove and replace roof with timberlines Replace one small slider window Window Allowance 400.00 1031 N Owens Replace front door with Custom size Commercial Steel frame door with new lock set. Door allowance $1100.00 Replace front windows with Andersen 100 series single hung. Allowance $600.00 Replace back window with Andersen 100 series Awning window Remove back doors and fill in with fiber cement siding and trim 3351 Barrons Way Remove and replace all siding on east side of building, replace 2 pcs on back side of building repair front area best I can. Allowance 1 day labor and $400.00 in material. Accepted By Accepted Date 14,300.00 6,600.00 7,500.00 4,000.00 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1181 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 The City Council of Stillwater does ordain; SECTION 1 REPEAL AND REPLACE. Stillwater City Code Section 31-514, Subd. 5 Swimming pool locations is hereby repealed and replaced as follows: Sec. 31-514. - Miscellaneous residential and non-residential performance standards. Subd. 5. Swimming pool locations. (a) Except on corner lots, all swimming pools or appurtenances thereto shall be located in the rear yard. (b) Swimming pools or appurtenances thereto shall be located at a distance of at least ten feet from any property line. (c) Swimming pools shall be permitted in (Interior) side yards only on corner lots. (d) Swimming pools, their appurtenances, and their required fencing on corner lots shall be setback from the front property line: 1. A minimum of 30'; and 2. At least 10 feet behind an imaginary line extending from the street -facing edge of the principal structure to the interior side lot line. (e) See Chapter 33-2 Subd. 4 for additional requirements. SECTION 2 AMEND. Stillwater City Code Section 33-2, Subd. 4(1) relating to the construction of swimming pools shall be amended as follows: (1) The general layout of the lot on which the pool is to be located (see Chapter 31-514 Subd. 5 for additional requirements for pool location). SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The miscellaneous residential and non-residential performance standards ordinance has been revised to allow swimming pools on corner Tots. The revision includes location standards for pools on corner lots. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 7th day of June 2022. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk 2 Ted Kozlowski, Mayor liavater, THE BIRTHPLACE OF MINNESOTA DATE: June 3, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director Shawn Sanders, Public Works Director SUBJECT: Chestnut Street Plaza Cooperative Construction Agreement and Construction Contract BACKGROUND The bid opening for the above referenced project was May 10, 2022. The City received four (4) bids with the lowest bid in the amount of $3,240,948.50 submitted by Pember Companies, Inc. This is 15% over the Engineer's Estimate. Pember Companies, Inc. Peterson Companies Forest Lake Contracting $3,240,948.50 $3,273,564.15 $3,351,931.00 Engineer's Estimate $2,805,282.68 Funding for the project primarily comes for State of Minnesota/Minnesota Department of Transportation Funding. Below is a summary of the history of the State of Minnesota allocation to the project. $2,000,000 $225,000 $500,000 Original Allocation Contaminated Soils Cleanup Recognition of increasing costs/inflation and State Directed design requirements Finally, design costs plus future construction administration from TKDA is anticipated to total approximately $375,000. It is estimated that the City's required contribution to the project (50% of design costs, ineligible costs, costs in excess of State of Minnesota contribution) is approximately $530,000. This is after a recent additional allocation from MnDOT of $500,000 (shortfall was previously reported as $1.025M prior to this most recent MnDOT allocation). As previously anticipated, Staff recommends utilizing existing pooled TIF (tax increment financing) dollars from TIF District 4. Staff will have a final accounting of design and construction administration costs prior to the meeting. RECOMMENDATION Staff recommends that the City Council award the contract to Pember Companies, Inc. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING THE COOPERATIVE CONSTRUCTION AGREEMENT AND APPROVING A CONTINGENT AWARD OF THE BID FOR THE CHESTNUT STREET PLAZA PROJECT TO PEMBER COMPANIES, INC. IN THE TOTAL AMOUNT OF $3,240,948.50. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVING THE COOPERATIVE CONSTRUCTION AGREEMENT AND APPROVING A CONTINGENT AWARD OF THE BID FOR THE CHESTNUT STREET PLAZA PROJECT TO PEMBER COMPANIES, INC. IN THE TOTAL AMOUNT OF $3,240,948.50 WHEREAS, plans and specifications for the Chestnut Street Plaza Project were complete according to City standards; and WHEREAS, the Chestnut Street Plaza project includes funding from the State of Minnesota as well as State requested improvements; and WHEREAS, the State of Minnesota requires the execution of a Cooperative Construction Agreement that outlines the responsibilities and requirements for both the City and the State; and WHEREAS, bids were requested to provide the necessary work; and WHEREAS, three firms submitted bids, it appears that Pember Companies, Inc. provided the lowest responsible bid; and WHEREAS, it is the recommendation of City Staff that the bid be awarded to Pember Companies, Inc. in the amount of $3,240,948.50. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the City enter into the Cooperative Construction Agreement with the State of Minnesota. BE IT FURTHER RESOLVED that the bid for the Chestnut Street Plaza Project is awarded to Pember Companies, Inc. in the total amount of $3,240,948.50 and the Mayor and City Clerk are authorized to enter into a contract with Pember Companies accepting said bid upon receiving notice from the State of Minnesota that the City may make final award. The City allocates $530,000 through pre-1990 pooled Tax Increment Financing dollars towards the project. Adopted by the Stillwater City Council this 7th day of June, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk illwater THE BIRTHPLACE OF MINNESOTA -4 DATE: June 3, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director Shawn Sanders, Public Works Director Kori Land, City Attorney SUBJECT: Millbrook Addition — Permanent Trail Easement BACKGROUND When the original Millbrook Addition was approved, a contingency to solve for Park Dedication was the granting of a Permanent Trail Easement for trails within the Development that are open to the public. Unfortunately, said easement was never executed with the Developer. Over the past several months, the previous City Planner, City Engineer and City Attorney worked with the current Home Owners Association (owner of the underlying land) to secure the required easement. Said easement is now offered to the City Council for acceptance. RECOMMENDATION Staff recommends that the City Council accept the Permanent Trail Easement for the Millbrook Addition. ACTION REQUESTED Motion to accept the Permanent Trail Easement for the Millbrook Addition and authorize the Mayor and City Clerk to sign said easement. PERMANENT TRAIL EASEMENT THIS PERMANENT TRAIL EASEMENT ("Easement") is made, granted and conveyed this day of , 2022 ("Effective Date"), by and between Millbrook Single Family Association, Inc., a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property in City of Stillwater, County of Washington,. State of Minnesota legally described as follows: Outlot D, Millbrook; Outlot A, Millbrook 5th Addition; Outlot B, Millbrook 6th Addition; and Outlot A, B, C, and D, Millbrook 7th Addition Abstract Property PIDs: 19.030.20.24.0015, 19.030.20.12.0057, 19.030.20.22.0018, 19.030.20.13.0047, 19.030.20.14.0042, 19.030.20.14.0043, 19.030.20.14.0044 (individually and collectively "Landowner's Property"). WHEREAS, there are trails located on Landowner's Property and the City requires this 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, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for trail purposes and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon Landowner's Property ("Permanent Easement Area"). The Permanent Easement rights granted herein are forever and shall include, the construction, maintenance, repair, removal and replacement of any trails, spur trails (as defined below), Lower Trail 1 Retaining Walls (as defined below), and all improvements ancillary, incident or related thereto, under, over and across the Permanent Easement Area, excluding the Structure Improvements (as defined below). 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, removal and replacement of any trails, spur trails (as defined below), Lower Trail Retaining Walls (as defined below), and all improvements ancillary, incident or related thereto. SPUR TRAILS The Pernanent Easement Area includes three "spur trails" that lead from the main trail to existing structures as of the Effective Date of this Easement, which are specifically identified as the gazebo, and the two docks on South Twin Lake ("Structure Improvements"). The Permanent Easement Area specifically excludes the Structure Improvements to which the spur trails lead, which are depicted in their current location on Exhibit A, attached hereto and incorporated by reference, or any other structures that replace the existing Structure Improvements. The City shall maintain the spur trails but shall not be responsible for the repair, removal, expansion, maintenance or replacement of the Structure Improvements or any other structures that replace the existing Structure Improvements. RETAINING WALLS IN OUTLOT D, MILLBROOK The Permanent Easement Area further includes, but is not limited to, the lower portion only of any tiered retaining walls located within Outlot D, Millbrook of the Permanent Easement Area that are adjacent to the trail ("Lower Trail Retaining Walls"). The City shall maintain the Lower Trail Retaining Walls. The City shall not be responsible for maintaining any retaining walls located on Landowner's Property outside of the Permanent Easement Area or any upper retaining walls located within the Permanent Easement Area. 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, removal, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, together with the right to excavate and refill ditches or trenches for the location of such trails and spur trails; 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 trails, spur trails and Lower Trail Retaining Walls and to deposit earthen material in and upon the Permanent Easement Area; and 2 (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 its 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 itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described above, the Permanent Easement Area described above and 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. [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 Its Mayor By: Beth Wolf Its City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2022, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 4 LANDOWNER: MILLBROOK SINGLE FAMILY ASSOCIATION, INC. Jim Deiblur Its: President STATE OF MINNESOTA SS. COUNTY OF WASHINGTON � The foregoing instrument was acknowledged before me on this /off' day of L—f, 2022 by Jim Deitner, the President of the Millbrook Single Family Association, Inc., aMlAinesota nonprofit corporation, on behalf of the Association. PAMLA1(AY VAHDERKOFF Notary Pubt[c.Msnnesota My Coin mission Expos 3a n 3 This instrument was 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 Notary Public 5 iliwater, THE BIRTHPLACEOFMINNESOTA DATE: June 3, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: 807 Harriet Street South Encroachment Agreement (Case No. 2022-34) BACKGROUND The property owners of 807 Harriet St S would like to correct a discovered encroachment onto Harriet Street South. The existing garage encroaches into right-of- way for Harriet Street S. The Subject Property is located on a dead end portion of Harriet Street. There is no cul-de-sac at the terminus of Harriet Street. There are three (3) other properties on this block. Approving this Encroachment Agreement will not impede any access. These are existing conditions; there is no planned improvement or expansion of the home. It appears that this portion of the home may have been added at some point in the past. It appears that necessary approvals had been granted by the City. The intent of this action is to remedy existing conditions. CHURCHILL ST W RECOMMENDATION Staff recommends approving the encroachment agreement for the structure. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON HARRIET STREET SOUTH, HOLCOME'S ADDITION TO THE CITY OF STILLWATER IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA. ENCROACHMENT AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 807 SOUTH HARRIET STREET IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS ENCROACHMENT 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 Nathan Jespersen and Sara Jespersen, husband and wife ("Landowner"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.1 City. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.2 City Pronertv. "City Property" means the right-of-way of platted Smith Street as shown on the plat of Holcombe's Addition according to the plat thereof, recorded as Document Number 416049, on file and of record in the office of the County Recorder of Washington County, Minnesota. The right-of-way is now known as South Harriet Street. 1 1.3 Encroachment Area. "Encroachment Area" means the real property, legally described on Exhibit A, attached hereto and incorporated herein, used by Landowner for Landowner Improvements. 1.4 Landowner. "Landowner" means Nathan Jespersen and Sara Jespersen, husband and wife and their assigns and successors in interest with respect to the Landowner's Property. 1.5 Landowner Improvements. "Landowner Improvements" means Landowner's garage located in the Encroachment Area on City Property, depicted on Exhibit B. 1.6 Landowner's Property. "Landowner's Property" means the real property located in the City of Stillwater, Washington County, Minnesota, legally described on Exhibit C. 1.7 Maintain. As used in this Agreement with respect to the Landowner Improvements, "Maintain" and derivations thereof means to upkeep in accordance with relevant City ordinances and regulations applicable to such improvements. ARTICLE 2 RECITALS 2.1 Landowner owns the Landowner's Property. 2.2 Encroachment Area is improved with Landowner Improvements. 2.3 Landowner Improvements are on City Property. 2.4 Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to remain within the Encroachment Area if the following conditions are met: (a) The Landowner maintains the Landowner Improvements. (b) Landowner makes no further Landowner Improvements pursuant to Section 3.2 below. ARTICLE 3 AGREEMENTS 3.1 Use and Maintenance of Landowner Improvements. Under the terms and conditions stated herein, Landowner shall have the right to enjoy the use of Landowner Improvements, including reasonable ingress and egress from Landowner Improvements. Landowner shall, at its own cost, maintain Landowner Improvements. 3.2 No Additional Structures or Expansion and Termination. Landowner Improvements shall not be relocated, moved or expanded such that any further or different encroachment on the City Property occurs. Landowner shall not place any other structures, including but not limited to, retaining walls, irrigations systems, buildings, fences or trees within the footprint of Landowner Improvements or elsewhere on City Property. 2 3.3 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. 3.4 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. 3.5 Subordinate Position of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the Encroachment Area. 3.6 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. 3.7 Emergency. The City shall not be required to give notice if the City's Engineer determines that an emergency exists. In such instance, the City, without giving notice to the 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 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. 3.8 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 3.7, then the City may certify to Washington County the amounts due as payable with the real estate taxes for the 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. 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 3 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 § 429.081. 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 construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.9 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, liabilities, 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) Maintenance of the Landowners 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. 3.10 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. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.1 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 4.2 Recording. The City shall record this Agreement with the Washington County Recorder against the Landowner Property. Landowner shall pay for the cost of recording. 4 4.3 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Landowner 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 Encroachment Area. The obligations of the Landowner contained in this Agreement are joint and several. 4.4 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. 4.5 Governing Law And Venue. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota and any action shall be venued in Washington County District Court. 4.6 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. 4.7 Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 4.8 Notice. Notice shall mean notice given by one party to the other if in writing and if and when delivered or tendered either: (i) in person; (ii) by depositing it in the United States main 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 addressed to the party or persons intended to be addressed as follows: IF TO CITY: IF TO LANDOWNER: City of Stillwater Attention: City Administrator 216 North Fourth Street Stillwater, MN 55082 Nathan Jespersen and Sara Jespersen 807 South Harriet Street Stillwater, MN 55082 5 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 OF STILLWATER By: Ted Kozlowski, Mayor ATTEST: By: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON ) ss. On this day of , 2022, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed 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 7 LANDOWNER: Nathan Jespersen Sara Jespersen STATE OF MINNESOTA COUNTY OF ss. The foregoing instrument was acknowledged before me on day of , 2022, by Nathan Jespersen and Sara Jespersen, husband and wife. Drafted by: Korine L. Land #262432 LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 Notary Public 8 EXHIBIT A LEGAL DESCRIPTION OF ENCROACHMENT AREA That real property located in the City of Stillwater, Washington County, Minnesota, legally described as follows: Commencing at the southwest corner of Lot 6, Block 8, of said Holcombe's Addition, said southwest corner also being a point on the easterly line of said platted Smith Street, (a.k.a. South Harriet Street); thence on an assumed bearing of North 01 degree 13 minutes 07 seconds West, along the westerly line of said Lot 6 and along said easterly line platted Smith Street (a.k.a. South Harriet Street), 31.60 feet to the point of beginning of the parcel being described; thence South 89 degrees 30 minutes 24 seconds West 5.36 feet; thence North 00 degrees 20 minutes 23 seconds West 23.18 feet; thence North 89 degrees 15 minutes 02 seconds East 5.00 feet, more or less, to said easterly line of platted Smith Street, (a.k.a South Harriet Street); thence southerly along said easterly line 23.20 feet, more or less, to the point of beginning. A-1 EXHIBIT B DEPICTION OF ENCROACHMENT AREA CERTIFICATE OF SURVEY Survey Prepared For: Nathan and Sara Jesperson 807 South Harriet Street Stillwater, MN 55082 /1/1LY L/.Y6 Lo7 ' Ne99/5 2'E Gaeywe' /20 Sq, Fr. s „ goves fi o v) • AXel Notes: Bearing system is an assumed datum. o Indicates #13774 iron pipe in place. This map prepared for the purpose of illustrating elements of the Garage Encroach- ment Parcel Description Shown on Sheet 2. Gvrr.eie err,rsr sr' •f_' ae Mo,ee%t'r .sr.% L'0 7 6 67 � � � 1 o. Y2 P% AI';' r� �,.AO' ,�r f �fl . Iry. ' i6p ' 1 hereby certify that this,survey, plan, or report was prepared by me or under my direct supervision and that 1 nm a duly Registered Land Surveyor under the Iatys of the Staff of M{nnesota. LD T 7 Dne.. ....16-..., 20240 0 13774 B-1 EXHIBIT C LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY That real property located in the City of Stillwater, Washington County, Minnesota, legally described as follows: Lots 5 and 6, Block 8, Holcombe's Addition to Stillwater, Washington County, Minnesota. C-1 iliwater THE BIRTHPLACE OF MINNESOTA DATE: June 3, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Zephyr Theater Outdoor Concert Event Permit (Private Property) BACKGROUND Zephyr Theater would like to again host an outdoor concert series on their private property at 601 Main St N. Zephyr Theater is requesting four (4) outdoor concerts be approved in the coming weeks. Zephyr Theater first began this outdoor concert series in 2020 in response to indoor occupancy restrictions resulting from the COVID-19 Pandemic. The outdoor event series continued in 2021 as an ongoing pilot post -pandemic indoor occupancy restrictions. In 2020, the City received multiple noise complaints. In response, in 2021, Zephyr Theater invested in better sound technology, which appears to have had a positive effect on reducing the number of noise complaints. City Code Section 31-325 (Allowable uses) requires a Conditional Use Permit for outside special events. However, the City Code goes on to state that these uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis. It has been the policy of the City to interpret this as up to three (3) events per year can be approved through this streamlined process. In 2020, the City utilized the Governor's Peacetime Emergency Declaration as a mechanism to allow outdoor uses without a Conditional Use Permit as a result of indoor capacity restrictions. In 2021, the City allowed the event series to continue to test if the negative impacts of the use could be mitigated and if there were a better process than a Conditional Use Permit could be utilized. From the City's perspective, concern was raised about the perpetual nature of a Conditional Use Permit approval, regardless of change of ownership, circumstances or timeframes. As the City Council may recall, the City Council recently provided direction to City Staff to amend City Code related to outdoor uses in a post -pandemic world. The conversation focused more on outdoor dining, but the draft ordinance also addresses outdoor events such as this. Rather than a perpetual Conditional Use Permit, the approach now is a temporary Interim Use Permit that may expire and is not perpetual in nature. This draft ordinance is scheduled for the June 29 Planning Commission Meeting (Public Hearing), which would make the Ordinance eligible for a first reading at the July 5 City Council Meeting and a second reading at the July 19 City Council Meeting. RECOMMENDATION Staff finds is appropriate to approve up to three (3) of the events without the need for the issuance of a Conditional Use Permit, consistent with City Code Section 31-325 and past City Policy/Practice. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Event Permit for Private Property at 601 Main St N for up to three (3) outdoor events. Also, Council will need to pass a motion to approve a resolution amending their liquor license for the temporary outdoor premise. City of Stillwater Washington County, Minnesota RESOLUTION 2021-xxx RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR TEMPORARY OUTDOOR LICENSE PREMISE WHEREAS, a request from Only A Dim Image Productions dba The Zephyr Theatre has been received to add their adjacent parking lot on the southside of their building as a temporary amendment to their on -sale liquor license premise located at 601 Main St N; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises located at 601 Main St N, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 3. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 4. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 10 a.m. and 10 p.m for their outdoor events in June and July of 2022. Adopted by the Stillwater City Council this 7th day of June 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk •Ni Ater. THE BIRTHPLACE 01 MINNESOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.Stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 5-31-2022 Office Use Ojy Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Outdoor Concert Series - June Event Date/Time: Set up: Date vins as anent Time H'4Opm to G;ddpntt .t$ Actual Event: Date June 12, June 17, June 18, July 4 Time 6:30pm to 9:30pm Cleanup: Date SOM. as A(,,,., Time 9;30__ to 11/ race/(Events' after 10:00 p.m. require a variance from City Councill Location (Address) of Event: The Zephyr Theatre - 601 Main Street North, Stillwater, MN 55082 (If in Lowell Park please specify north or south Lowell park) Description Of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) The Zephyr Theatre's outdoor stage brings professional, high quality entertainment to The St. Croix Valley - including music, special events, and dance! In 2020 and 2021, our outdoor summer shows brought thousands of people to downtown Stillwater to share in community, shop downtown, and dine. We are requesting to augment our current business practices by providing our services outdoors while working toward a conditional use permit. We will be continuing with our practice of meeting regularly with our neighbors for feedback and making even more improvements to our sound system to best keep the volume of the performance within the audience area. Estimated Attendance (participants and spectators): 150-200 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Only a Dim Image Productions, dba The Zephyr Theatre Mailing Address: 601 Main Street North City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Calyssa Hall Phone Number: Fax: N/A Cell Phone: Email Address: Website Address: www.stillwaterzephyrtheatre.org Name of contact person during event: Calyssa Hall Cell Phone: Alternate contact during event: Bil MacLeslie Cell Phone: Refer media or citizens inquires to: Calyssa Hall Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Sandwich Board Signs - 30"x40" Will any signs/banners be put up No • Yes f•� Number and size: Occasional small banner w/band logo Will there be any inflatables? No _I Yes ■ Insurance certificate from rental vendor is required Live Music Fees for electricity may Will there be entertainment? No ❑ Yes * What type: apply see Instructions 4:00pm sound check, 6:30pm-9:30pm Will sound amplification be used? No • Yes e Hours and Type: show. Portable PA tent. Outdoor stage is 24'x16'. Will a stage or tent(s) be set up? No • Yes INDimensions:10'x10' Will there be temporary fencing? No ❑ Yes ►l How many Zephyr Theatre Fees for electricity may Will merchandise/food items be sold? No • Yes e inside vendors expected: only - sold apply see Instructions Will food be prepared on site? No C1 Yes IN Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No Yes ■ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No /1 Yes • See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes k5 See Alcohol Regulations in the Instructions Will there be a fireworks display? No ® Yes IN Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. This event is on private property. Power will be provided by The Zephyr Theatre. Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available Events are promoted through The Zephyr Theatre's website and social media, local newspapers, Discover Stillwater, postcards, and posters. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ►1 Yes ❑ Start/End Time: Date: City Sidewalks or Trails No `:1 Yes IN Start/End Time: Date: Public Parking Lots or Spaces No ►1 Yes • Start/End Time: Date: Will event need barricade(s)? No ® Yes D Number needed: Fees may apply see Instructions Fees may apply Will extra picnic tables be needed? No ►5 Yes ■ Number needed: see Instructions Fees may apply Will portable restrooms be needed? No 1 Yes INNumber needed: see Instructions Fees may apply Will extra trash receptacles be needed? No Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: Trash is collected by theatre staff and transported to the dumpster on the north end of the building after each event. Will event need traffic control? No 12 Yes III Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: A fence will delineate the perimeter of the event to ensure that consumption of alcohol remains solely on Zephyr property. All guests must enter through a specific location for registration/tickets/sign-in. Fees may apply see Instructions „ „ Will No Parking Signs be needed? No m Yes • Number needed: Showlocation(s) on site map Will event need security? No ►:A Yes ■ If event is overnight security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No E1 Yes ■ Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: A Zephyr Theatre staff member that has been trained in first aid will always be present during each concert. In the event that a serious medical emergency arises, the audience area is easily accessible by emergency services. Describe the emergency action plan if severe weather should arise: Either the Executive Director or Managing Director has the authority to stop a performance at any time. If there are reports of lightning, or the county is under a severe weather warning, the concert will be postponed or cancelled, and guests will be asked to wait inside the building. List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater gqd is a release of Liabilit SI¢YiotiIre bfApplicant or Auth • lzed Agent 5-31-2022 Date ‘4 V10171 jir Wir- An"! a PC‘APAV II ,. VaitelL e.-o® 1 1 1 .. .. SEATING FOR 250 ENTER FROM SOUTH ONE WALKWA i11water. THE BIRTHPLACEOFMINNESOTA DATE: June 7, 2022 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Fees for Park Reservations BACKGROUND The City of Stillwater is currently in the process of working with a vendor to set up the new park reservation software to be available on the city's website in the near future. In order for the new park reservation software to decipher between a resident or non-resident, city staff would need to spend significant staff time collecting and providing the park reservation company with a list of resident addresses. With current staffing limitations, this could delay the project significantly. In turn, staff seeks direction regarding the resident and non-resident fee structure. The current fee schedule includes park reservation fees of $50 for residents and $100 for non- residents. Also, there is a separate resident and non-resident fee at Teddy Bear Park. Often times a non-resident may utilize a resident who is a relative or an acquaintance to get the reduced rate. In the past four years, the following resident reservations have been made in the system: • 2021 = 150 resident reservations out of 244 (61.5 %) • 2020 = 69 resident reservations out of 133 (51.9 %) • 2019 = 147 resident reservations out of 247 (59.5 %) • 2018 = 144 resident reservations out of 244 (59.0 %) RECOMMENDATION In an effort to simplify the process and save on city staff labor, city staff is recommending to have one park reservation fee for both residents and non-residents. The recommendation would be to change the current resident fees to equal the current non-resident fees for park reservations and also for the fees for reserving Teddy Bear Park. The Parks and Recreation Commission also recommended to City Council to make those fees the same for residents and non-residents that would make all current fees equal to the current non-resident fee. ACTION REQUESTED If the Council agrees with the recommendations to make one park reservation fee that equals the current non-resident fees for park facility reservations, a motion should be made to approve Resolution Amending Fee Schedule Resolution 2022-004 for Stillwater Park Fees. City of Stillwater Washington County, Minnesota RESOLUTION 2022- RESOLUTION AMENDING FEE SCHEDULE RESOLUTION 2022-004 FOR STILLWATER PARK FEES WHEREAS, the Stillwater City Council adopted Resolution 2022-004 entitled "Resolution Approving the City of Stillwater 2022 Fee Schedule" on January 4, 2022; and WHEREAS, an amendment on the fee schedule is needed to adjust the park reservation fees; and NOW THEREFORE, BE IT FURTHER RESOLVED by the Stillwater City Council that the City of Stillwater 2022 Fee Schedule is hereby amended to reflect the following changes: STILLWATER PARK FEE$: (rentals that DO NOT fall under Events): Park Facilities (Picnic Shelters, Gazebos, Pergolas) $100 refundable damage deposit plus one of the following fees: $50/day for Stillwater city resident $100/day for non Stillwater city residentreservation fee Park Open Space $100 refundable damage deposit and $50/day for non Stillwater city residentreser-vation fee Teddy Bear Park Building Rate Schedule A $100 refundable damage deposit per floor is required plus the following: Mon-Thurs Resident Non Non profit For Profit Resident Croup Group First 3 hrs. (1st floor) $80 $50 $fle $50 $80 Add'l hour (1st floor) $25 $14 $ $44 $2- First 3 hrs. (2nd floor) $60 $40 WI $10 / $10* $60 Add'l hour (2nd floor) $15 $10 $15 $10 / $5* $44. gtate-busetton-a-mini rr*meetings-peuenr-with-no fecni-at the meeting, Fri -Sun Resident 4s4-e-r}- Non profit For Profit Rcsidcnt Croup First 3 hrs. (1st floor) $160 $90 $160 $90 $�60 Add'l hour (1st floor) $45 $24 $44 $24 $44 First 3 hrs. (2nd floor) $125 $70 $4-24 $70 $4�5 Add'l hour (2nd floor) $35 $20 $34 $28 $ Adopted by Council this 7th day of June 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk cSti water THE B I R T H P L A C E O F M I N N E S O T A DATE: May 23rd, 2022 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Fence Consortium JPA BACKGROUND In the spring of 2021, a significant number of public agency professionals (with police, fire, public works, and emergency management backgrounds) joined together to form a Fence Working Group to explore the identified challenges and develop a collective path forward. Based on the experience with civil unrest in Minneapolis and Brooklyn Center, the critical role that anti -scale fencing can serve for de-escalation and establishing a space for lawful protests became apparent. That said, it was also found that obtaining anti -scale fencing is a significant challenge due to a number of factors, as well as being very expensive. To respond to this identified need, a Fence Working Group was established. The Fence Working Group's efforts have led to the formation of a Fencing Consortium. The Fencing Consortium is made up of local government agencies (members) that will;; jointly contract with a fencing vendor for the availability, storage, maintenance, and transportation of anti -scale fencing (including vehicle gates and pedestrian doors). The Consortium will have, at a minimum, enough fencing for the largest police department building in the Consortium. However, the Consortium has the flexibility to increase the amount of fencing, gates, and doors as additional local governments join the Consortium. The intent of the Fencing Consortium is to provide anti -scale fencing within hours, not days, around potentially impacted government building(s) in response to a critical incident. The goal of the anti -scale fencing is to de-escalate the potential tensions and try to reduce/eliminate the non -tangibles associated with civil unrest such as: 1) Provide physical separation between law enforcement and protestors a. Promotes improved mental health environment for all (reduce PTSD) b. Pre -plan and standardize perimeter layout 2) Reduce the need for crowd control measures to be used a. Improved safety for all b. Minimize potential impact on adjacent properties c. Crowd control measures are seen as escalating d. Another tool for law enforcement facilitating peaceful protests 3) Create a space for protesting a. Not seen as officers vs. protestors, but protestors just protesting (including optics) b. Supports efforts to coordinate/communicate with specific protest groups and organizers ahead of time c. Improved distinction between legal protestors and "violent and destructive actors" (I) d. Officers in riot gear and with crowd control measures are more likely to be able to remain out of sight of legal protestors 4) Reduce resource demands committed to one location a. Local law enforcement agencies are too small to handle large-scale civil disturbance b. Potentially need fewer officers for security at the site c. Free up more resources to continue to respond to calls for service in impacted community d. Takes into consideration that protests may be protracted event The purpose and structure of the Fence Consortium is to provide experienced leadership for fence deployment operations across multiple jurisdictions in a unified command structure and coordinate during the deployment of anti -scale fencing. This includes considering and planning for operational logistics and tactical planning associated with fence deployment. The Fence Consortium itself is a multi -agency, pre - planned, coordinated resource management system to continue efforts to minimize multiple local and state agencies from being over -extended. Fence deployment team One of the biggest costs and factors for the deployment of any fence is the labor, equipment, and scheduling of staffing to setup the fence. Because of this the Working Group determined that the best way to meet these challenges is to use the existing Statewide Public Works Mutual Aid Pact to provide the labor and equipment needed to deploy the fence. Just like police and fire use existing mutual aid agreements during civil unrest, public works would do the same. One key reason for this is that the JPA can leverage these other existing mutual aid agreements when it comes to labor considerations. Each Consortium member would need to provide between 1 and 3 people who would be assigned to the Fence Deployment Team. This team would train 3 times a year (2 times in person) so that when the call to deploy the fence was made, everyone would be familiar with what needed to be done and it could be done as efficiently as possible. Each Consortium member would cover the costs, including if there was a deployment (likely overtime), of their staff on the Fence Deployment Team. Considerations will be made for really small public works departments (just a few members) or agencies with no public works staff. State funding request The Fence Consortium has requested $5 million dollars from the State of Minnesota for the purchase of anti -scale fencing and associated vehicle gates and pedestrian doors. If obtained, the State funding for the purchase of anti -scale fencing for the Fencing Consortium will significantly reduce the on -going cost each Consortium member will pay for the storage, maintenance, and transportation of the anti -scale fence. This reduction in cost will improve equity in accessibility to this de-escalation and safety tool for communities across not only the Seven County Metro area, but also the state as a whole. Prerequisites Any agency participating in the Fence Consortium must be a member of the Statewide Public Works Mutual Aid Pact. Police and fire agency resources must be members of relevant mutual aid agreements. Project cost Each member agency's cost is pro -rated based on the footage of fencing needed for their location. RECOMMENDATION Approval of the attached Fencing Consortium Joint Powers Agreement ACTION REQUESTED If Council concurs with recommendation, they should pass a motion authorizing the resolution adopting the Fencing Consoritum Joint Powers Agreement City Part of Statewide PW Pact? Map Done? Footage (Rounded) Footage % (Rounded to the 0.01%) Estimated Pro -rated Availability Cost (Annual) Scott County Sheriff No Yes 4,170 4.32% $ 15,746 Eden Prairie Yes Yes 3,290 3.41% $ 12,429 Brooklyn Park Yes Yes 3,200 3.32% $ 12,101 Woodbury No Yes 3,140 3.25% $ 11,846 Cottage Grove No Yes 3,000 3.11% $ 11,336 Blaine Yes Yes 2,780 2.88% $ 10,498 Wayzata Yes Yes 2,750 2.85% $ 10,388 Bloomington No Yes 2,740 2.84% $ 10,352 Maple Grove No Yes 2,650 2.75% $ 10,024 Washington County Sheriff Yes Yes 2,610 2.70% $ 9,842 St Paul HQ No Yes 2,540 2.63% $ 9,586 Medina No Yes 2,520 2.61% $ 9,513 Maplewood No Yes 2,400 2.49% S 9,076 New Hope Yes Yes 2,400 2.49% $ 9,076 Corcoran No Yes 2,200 2.28% $ 8,311 Plymouth Yes Yes 2,200 2.28% $ 8,311 Eagan Yes Yes 2,130 2.21% $ 8,055 Fridley No Yes 2,120 2.20% $ 8.019 Richfield Yes Yes 2,110 2.19% 5 7,983 St Louis Park Yes Ves 1,990 2.06% $ 7,509 Edina Yes Yes 1,900 1.97% $ 7,181 Golden Valley Yes Yes 1,800 1.87% 5 6.816 New Brighton Yes Yes 1,780 1.84% $ 6,707 Lino Lakes No Yes 1,770 1.83% $ 6,670 South Lake Mtka No Yes 1,770 1.83% $ 6,670 FAA/MAC No Yes 1,720 1.78% $ 6,488 Crystal Yes Yes 1,710 1.77% $ 6,452 Champlin No Yes 1,700 1.76% $ 6,415 Minnetonka Yes Yes 1,680 1.74% $ 6,342 South St Paul No Yes 1,650 1.71% $ 6,233 St. Francis No Yes 1,510 1.56% $ 5,686 Inver Grove Heights No Yes 1,500 1.55% $ 5,650 St Paul Park No Yes 1,470 1.52% $ 5,540 Hopkins Yes Yes 1,440 1.49% $ 5,431 Columbia Heights Yes Yes 1,390 1.44% $ 5,249 Mound (Orono) Yes Yes 1,350 1.40% $ 5,103 Oak Park Heights No Yes 1,320 1.37% $ 4,994 Osseo No Yes 1,320 1.37% $ 4,994 Jordan No Yes 1,300 1.35% $ 4,921 St Anthony No Yes 1,300 1.35% $ 4,921 Stillwater No Yes 1,280 1.33% $ 4,848 West Hennepin PD No Yes 1,260 1,31% $ 4,775 Brooklyn Center Yes Yes 1,250 1.30% $ 4,739 Rogers No Yes 1,200 1.24% $ 4,520 Spring Lake Park No Yes 1,170 1.21% $ 4,410 Elko New Market No Yes 1,150 1.19% $ 4,338 Oakdale No Yes 1,150 1.19% $ 4,338 Chaska No Yes 1,100 1.14% $ 4,155 North St Paul No Yes 1,080 1.12% $ 4,082 Robbinsdale No Yes 1,050 1.09% $ 3,973 Lauderdale (St Anthony) Ves Yes 490 0.51% $ 1,859 City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION ADOPTING THE FENCING CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, the governmental units in the state have experienced an increase in incidences of civil unrest with violent and destructive actors who pose a threat to the public, public personnel, buildings, and critical infrastructure; and WHEREAS, the First Amendment of the United States Constitution protects the freedom of speech, the press, and the right of the people peaceably to assemble, and to petition the government for a redress of grievances; and WHEREAS, recent experience has shown that the use of anti -scale fencing has greatly de-escalated tension between law enforcement and protesters; and WHEREAS, by de-escalating the tension, the anti -scale fencing helps to reduce the trauma on the community, improve the safety for all, minimize the impact on neighboring properties, and reduce the community resources that have to be committed to such events; and WHEREAS, governmental units have recognized the need to have ready access to anti -scalable fencing as a tool for de-escalation and community safety while protecting against violent and destructive actors; and WHEREAS, the best means for a governmental unit to access such fencing in a timely and cost-effective manner is to work cooperatively with other governmental units; and WHEREAS, the Fencing Consortium Joint Powers Agreement ("Fencing JPA"), which is incorporated herein by reference, establishes a joint board to obtain and make available to members anti -scalable fencing in response to critical incidences, sets out the powers of the joint board, requires members to pay their share of the fencing costs and operational costs of the Fencing Consortium, requires members to provide staffing to assemble and disassemble the fencing as part of the Public Works Mutual Aid Pact, and otherwise provides for the operation of the Fencing Consortium as a joint powers entity; and WHEREAS, the governmental unit is a member of the Public Works Mutual Aid Pact and is otherwise eligible to adopt the Fencing JPA; and WHEREAS, it is in the best interests of the community to become a member and participate in the Fencing Consortium. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater as follows: 1. The Fencing JPA is hereby approved and adopted. 2. The City Administrator is authorized and directed to make nominations and to cast votes on persons to be elected to the Fencing Consortium Board of Directors. 3. Staff are authorized and directed to do each of the following: a. Submit a fully executed copy of this Resolution as directed in the Fencing JPA to indicate membership in the Fencing Consortium; b. Designate a primary and secondary point of contact for the Fencing Consortium for administrative purposes. c. Coordinate with the other Fencing Consortium members and the Board on the selection of staff from the public works department to serve on the fencing deployment team; and d. To take such other actions as may be needed to carry out the intent of this Resolution and as may be required under the terms of the Fencing JPA. Adopted by the Stillwater City Council this 7th day of June 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk FENCING CONSORTIUM JOINT POWERS AGREEMENT THIS FENCING CONSORTIUM JOINT POWERS AGREEMENT ("Agreement") is made and entered into by and among the Governmental Units identified in the attached Exhibit A (each a "Member" or collectively the "Members"). RECITALS A. The civil unrest and resulting negative impacts on mental health, damage to buildings, and a reduction in overall safety experienced in the Seven County Metropolitan Area in recent years has given rise to a need for communities to have ready access to anti - scalable fencing. The anti -scale fencing can be set up to protect public buildings, critical infrastructure, and other key locations to de-escalate tensions between law enforcement and protestors as well as reduce the need to rely on crowd control measures to protect such locations from violent and destructive actors. B. Appropriate fencing to serve this purpose is produced by few vendors, currently all of which are located outside of the state. C. This type of fencing is expensive and the delays associated with attempting to identify and secure the delivery of fencing during the response to a critical incident may result in unnecessary risks to personnel and public property. D. By pooling resources and working cooperatively, communities can access high quality fencing, trained personnel, and related resources to assemble it in as efficient manner as possible to support de-escalation measures with protestors and protect facilities from violent and destructive actors. AGREEMENT In consideration of the mutual agreements and understandings, and intending to be legally bound, the Members hereby agree as follows: ARTICLE I DEFINITIONS AND PURPOSE 1.1. Definition of Terms. For the purposes of this Agreement, the following terms shall have the meaning given them in this section. (a) Additional Member. "Additional Member" means a Governmental Unit that submits a Membership Resolution after the Effective Date and that the Board votes to accept as a Member of the Fencing Consortium. (b) Agreement. "Agreement" means this Fencing Consortium Joint Powers Agreement. CR225-476-758705.v8 (c) Board. "Board" means the Fencing Consortium Joint Board established by this Agreement. (d) Call Out. "Call Out" means a request by a Requesting Member to the Board requesting the deployment of the Fencing. (e) Critical Incident. "Critical Incident" means an event or occurrence that occurs within a Governmental Unit that is reasonably anticipated to result in, or that does result in, civil unrest focused against one or more public buildings, infrastructure, or other critical site with the Governmental Unit. (f) Deployment Site. "Deployment Site" means the specific location at which the Fence is to be assembled. (g) (h) (i) (i) Deployment Team. "Deployment Team" means the public works personnel or others assigned by each Member who are responsible for responding to requests by Members to assemble and disassemble the Fencing at a Member's Deployment Site in accordance with its Fencing Preplan. Deployment Team Manager. "Deployment Team Manager" is the member of the Deployment Team designated as supervisor and who has operational control over the deployment and demobilization of the Fencing. Effective Date. "Effective Date" means the date this Agreement goes into effect and the date by which Original Members must adopt the Membership Resolution. The Effective Date is September 2, 2022. Extended Membership Area. "Extended Membership Area" means the area established by the Board outside of the Seven County Metropolitan Area in which Governmental Units are eligible to request membership in the Fencing Consortium. (k) Fencing. "Fencing" means the non -scalable, portable, free-standing fence secured by the Board and made available to Members under this Agreement. (1) Fencing Preplan. "Fencing Preplan" means a plan developed by a Governmental Unit showing the general location and length of the Fencing needed and the type and location of gates within the Fencing. (m) (n) Governmental Unit. "Governmental Unit" means a local government or other political subdivision of the State that is authorized under Minnesota Statutes, section 471.59 to enter into a joint powers agreement. The term also includes state agencies and joint powers entities that own a public building. Lease. "Lease" means the lease agreement between the Board and the Vendor to secure the Fencing for the Fencing Consortium and that sets out the terms for the 2 CR225-476-758705.v8 storge, delivery, and maintenance of the Fencing. The Lease may also establish the use charge the Requesting Member is required to pay the Vendor for the actual use of the Fencing. (o) Member. "Member" means an Original Member or an Additional Member. The term is used generally in this Agreement to refer to an individual current member Governmental Unit or, in its plural form, to all current member Governmental Units. A Governmental Unit must remain in good standing under this Agreement to remain a Member of the Fencing Consortium. (P) (q) Member Assessment. "Member Assessment" means the amount determined annually by the Board to pay the costs of the Fencing Consortium and which is invoiced to each Member. Membership Resolution. "Membership Resolution" means the resolution form a Governmental Unit adopts to join the Fencing Consortium. Any resolution that is not substantively the same in all respects as the form resolution developed for membership shall not constitute a Membership Resolution. (r) Notification System. "Notification System" means the communications or alert system, or systems, selected by the Board to issue a Call Out for the deployment of the Deployment Team and Fencing to a Requesting Member's Governmental Unit. (s) Original Member. "Original Member" means a Governmental Unit that completed all requirements to enter into this Agreement prior to the Effective Date. (t) Public Works Mutual Aid Pact. "Public Works Mutual Aid Pact" means the Public Works Joint Powers Mutual Aid Agreement, which was originally effective as of July 1, 2018 and is incorporated herein by reference. (u) Requesting Member. "Requesting Member" means a Member who makes a request to the Board for the deployment of the Fencing in its Governmental Unit. (v) Seven County Metropolitan Area. "Seven County Metropolitan Area" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. (w) Staging Area. "Staging Area" means the location identified for the Deployment Team to gather at in response to a Call Out before convoying to the Deployment Site. (x) Surcharge. "Surcharge" means the amount an Additional Member is required to pay to join the Fencing Consortium as determined by the Board. The Surcharge is in addition to the amount the Additional Member is required to pay based on the length of its Fencing needs as shown in its Fencing Preplan. The Surcharge 3 CR225-476-758705.v8 (Y) includes the amount the Member is to pay for the Member Assessment for the year in which the Governmental Unit becomes a Member and any buy -in costs as determined by the Board. Vendor. "Vendor" means the fencing company selected to provide the Fencing to the Fencing Consortium. 1.2. Purpose. It is the general purpose of this Agreement to: (a) To establish the Fencing Consortium, the responsibilities of the Members toward the Fencing Consortium, and to establish the "Fencing Consortium Joint Board" to govern the Fencing Consortium and its operations; (b) To authorize the Board to obtain and provide for the storage and deployment of Fencing in response to a Critical Incident and for other purposes as provided in this Agreement and as determined by the Board; (c) To authorize the Board to negotiate and enter into an agreement with a Vendor to obtain the Fencing and provide for its storage, delivery to, and return from a Requesting Member's Governmental Unit; (d) To authorize the Board to establish policies and procedures for the deployment of the Fencing, the training and deployment of the Deployment Team, and on other matters as needed to achieve the purposes of this Agreement; (e) To authorize the Board to determine the Governmental Units eligible for membership in the Fencing Consortium, including expanding the eligible territory as it determines is appropriate; and (f) To authorize the Board, upon deliberation and continued communication with the Members, to revise the initial structure of the Fencing Consortium over time as it may determine is in the best interests of the Members to do things such as moving from a leasing arrangement to purchasing the Fencing and to provide for its storage, maintenance, and transportation. ARTICLE II FENCING CONSORTIUM ESTABLISHED 2.1. Established. There is hereby established, by the execution of this Agreement, the "Fencing Consortium" as a joint powers entity formed pursuant to Minnesota Statutes, section 471.59, which is to be managed and operated by the Board pursuant to the terms of this Agreement. 2.2. Scope. This Agreement applies to those Governmental Units that are Members of the Fencing Consortium and provides for the operation of the Fencing Consortium by a Board of Directors elected as provided herein. 4 CR225-476-758705.v8 ARTICLE III MEMBERSHIP 3.1. Original Members. A Governmental Unit that adopts and submits the Membership Resolution to join the Fencing Consortium before the Effective Date shall be considered an Original Member under this Agreement. A Governmental Unit is eligible to be an Original Member of the Fencing Consortium if it satisfies all of the following: (a) Is a member of the Public Works Mutual Aid Pact; (b) Is within the Seven County Metropolitan Area; (c) Has submitted a Fencing Preplan prior to the Effective Date; and (d) Has properly adopted and submitted a Membership Resolution prior to the Effective Date. The Governmental Unit shall submit its Membership Resolution to the Chief of Police in the City of Crystal. The Membership Resolutions shall be transferred to the Board once it is formed. Membership Resolutions adopted after the Effective Date shall be sent to the Board. 3.2. Additional Members. After the Effective Date, a Governmental Unit may request to become an Additional Member of the Fencing Consortium if it satisfies the following: (a) Is a member of the Public Works Mutual Aid Pact; (b) Is located within the Seven County Metropolitan Area or within the Extended Membership Area as determined by the Board; (c) Submits a Fencing Preplan; (d) Submits the fully adopted Membership Resolution; and (e) The Board votes to accept the Governmental Unit as an Additional Member. Additional Members are required to pay a Surcharge to the Fencing Consortium in the amount determined by the Board, and to comply with such additional requirements as may reasonably be imposed by the Board. 3.3. Exception. The membership requirement to be a member of the Public Works Mutual Aid Pact is to establish a mechanism through which local public works staff can be utilized to assist in the mobilization and demobilization of the Fencing within the Governmental Unit. However, there are entities that do not have their own public works staff, desire to become a Member of the Fencing Consortium, and for which local support 5 CR225-476-758705.v8 can be provided through another Governmental Unit. Therefore, a Governmental Unit that does not have a public works department or public works employees is not required to be a member of the Public Works Mutual Aid Pact to be eligible to become a Member of the Fencing Consortium, provided the following are complied with to the extent applicable: (a) If the Governmental Unit is a joint undertaking among other Governmental Units, the community in which any of the Governmental Unit's buildings are located and to which its Fencing Preplan applies must be a member of the Public Works Mutual Aid Pact; or (b) If the Government Unit relies on the county sheriffs department as the primary source of law enforcement services, that county must be a member of the Public Works Mutual Aid Pact. 3.4. Requirement of Good Standing. Continued membership in the Fencing Consortium shall be contingent upon: paying the annual Member Assessment and any additional charges as determined by the Board as provided herein; making public works staff available to participate as members of the Deployment Team; and on -going compliance with the other requirements, terms, and conditions of this Agreement and the policies and procedures adopted by the Board. 3.5. Withdrawing from Membership. A Member may withdraw from the Fencing Consortium as provided in Article XI of this Agreement. ARTICLE IV FENCING CONSORTIUM JOINT BOARD 4.1. Established. There is hereby established the "Fencing Consortium Joint Board." The Board shall consist of five Directors elected by the Members in accordance with this Article. Directors shall serve without compensation from the Fencing Consortium. The Director positions shall be assigned as follows: (a) Two Directors representing law enforcement; (b) One Director representing fire; (c) One Director representing public works; and (d) One Director representing emergency managers. 4.2. Initial Directors. The Board shall initially be comprised of the following Directors ("Initial Board"): 6 CR225-476-758705.v8 (a) Ryan Murphy, Commander, Special Operations Unit, Saint Paul Police Department and Ryan Seibert, Chief of Police, City of Chaska, representing law enforcement; (b) Ward Parker, Assistant Chief Operations, City of Eden Prairie, representing fire; (c) Daniel Ruiz, Director of Operations & Maintenance, City of Brooklyn Park, representing public works; and (d) Doug Berglund, Director, Emergency Management, Washington County Sheriffs Office, representing emergency managers. The Initial Board shall be responsible for Organizing the Board and the Fence Consortium. The Initial Board shall conduct an election in 2022 for Members to elect three Directors to the Board. An election will then be held in 2023 for Members to elect the remaining two Directors to the Board. Those elected in 2022 shall assume their positions effective on January 1, 2023 and those elected in 2023 shall assume their positions on January 1, 2024. The Initial Board shall determine which positions are up for election in 2022 and 2023, except the two law enforcement Director positions shall be elected in separate years. 4.3. Director Eligibility. To be eligible to be elected to the Board a person must be currently employed by a Member and actively serving in the profession the person is proposed to represent on the Board. If a Director loses eligibility to continue serving on the Board, the position shall be deemed vacant and the vacancy filled as provided herein. 4.4. Term. Each Director serves a two-year term commencing on January 1. The terms shall be staggered to minimize the number of Directors up for election in the same year. The Initial Board shall determine the terms and the staggering of the positions as part of adopting the bylaws. A vacancy in the office of Director shall be filled by appointment of the Board until the next election, at which time the position shall be up for election for the remainder of the term. 4.5. Election of Directors. The annual election of Directors shall occur in accordance with this Agreement and the bylaws established by the Board. This process is not subject to federal, state, or local election laws or procedures. Instead, the intent is to provide a reasonable means for Members to nominate candidates and to select those whom they wish to serve on the Board. Each Member in good standing when the nomination process begins has an opportunity to nominate people from its Governmental Unit for any or all the open positions on the Board. All persons nominated to a position must be eligible to represent that position on the Board. The Board shall collect the nominations and prepare a ballot to be distributed among the Members for a vote. Each Member in good standing shall have one vote on each open position. A Member must determine for itself who is authorized to submit nominations and cast the vote on its behalf. The name of the Member submitting the ballot must be on the ballot. The Board shall tabulate the votes and provide the Members a list of the persons elected to the Board. The conducting of 7 CR225-476-758705.v8 the nomination and election process shall occur early enough in a year to allow the newly elected Directors to take their positions on the Board as of January 1. 4.6. Director Duties. Directors are responsible for carrying out the duties of the Board under this Agreement in a diligent and timely manner. If a Director fails to attend three consecutive Board meetings without reasonable cause, the Board may declare the office vacant and fill the position by appointment. The position will then be up for election at the next election for the remainder of the term. 4.7. Board Officers. Each year at its annual meeting the Board shall elect from among its Directors a Chair and a Vice -Chair. The Board shall also appoint a Secretary/Treasurer, which is not required to be selected from among the Directors. If the Secretary/Treasurer is not a Director, the person shall not have a vote. The Chair shall act as the presiding officer at Board meetings and the Vice -Chair shall act as the presiding officer in the absence of the Chair. The Secretary/Treasurer shall take the minutes of Board meetings and shall serve as the finance manager for the Fencing Consortium. The Board shall adopt by-laws to establish its own procedures, provided such procedures are consistent with the purposes of this Agreement. 4.8. Board Meetings. The Board shall hold regular meetings on the schedule as established in its bylaws. The Board may also hold special meetings as needed upon the call of the Chair or upon the written request of two Directors given to the Secretary/Treasurer. Meetings of the Board are subject to the Minnesota Open Meeting Law (Minnesota Statutes, chapter 13D). The Secretary/Treasurer shall inform all Directors of special meetings, maintain a schedule of the Board's regular meetings, and shall post notice of any special meetings on the bulletin board designated by the Board for such notices or, if a bulletin board is not designated, upon the outside door of the building in which the Board meets. The Board may hold emergency meetings and such other meetings as allowed by law. The Board shall hold an annual meeting in January or in such other month as designated by the Board. The annual meeting may be held together with a regular meeting. 4.9. Voting. A majority of the Directors (three) shall constitute a quorum of the Board to meet and conduct the business of the Board. Each Director shall have an equal, non - weighted, vote. Unless specifically indicated otherwise herein, a majority vote of the Directors present at a meeting, if at least a quorum is present, shall be required for the Board to take action on any issue that comes before it. A Director must be present at a meeting to vote and shall not vote by proxy. A Director may be considered present and vote from a remote location to the extent allowed under Minnesota Statutes, chapter 13D. 4.10. Powers of the Board. (a) To take all actions necessary and convenient to discharge its duty to lease Fencing and to make it available to Members pursuant to the terms of this Agreement. 8 CR225-476-758705.v8 (b) Establish policies and procedures for requesting, deploying, using, demobilizing, and returning the Fencing, and on such other operational matters as the Board may determines is appropriate. This power includes, but is not limited to, further refining the definition of Critical Incident as may be needed and otherwise identifying situations in which deployment of the Fencing is automatic and when it is discretionary with the Board. (c) Authorize one or more of its Directors to receive request from a Requesting Member and to issue a Call Out of the Fencing to a Critical Incident in accordance with established policies and procedures. (d) Obtain the Fencing initially by lease, or purchase with State appropriation, and then determine over time whether to purchase part or all of the Fencing provided under this Agreement. If the Fencing is purchased, to provide for its storage and deployment. (e) (f) (g) Select the notification system for the Call Out. To adopt bylaws and rules or policies consistent with this Agreement as required to effectively exercise the powers, or accomplish the purposes, of the Fencing Consortium; To interpret and apply the provisions of this Agreement in a manner that furthers its purpose and intent including, but not limited to, determining the eligibility of a Governmental Unit to become a Member; (h) To adopt an annual operating and capital budget, including a statement of sources of funding and allocation of costs to Members; (i) To establish a system to communicate budget and other information of interest to Members; (j) To enter into contracts in its own name; (k) Contract with an auditing firm to perform financial audits of the Fencing Consortium as the Board determines is appropriate; (1) To purchase any insurance and indemnity or surety bonds as necessary to carry out the purposes of this Agreement; (m) To seek, apply for, and accept appropriations (including legislative appropriations), grants, gifts, loans of money or other assistance as permitted by law from any person or entity, whether public or private; (n) To sue; 9 CR225-476-758705.v8 (o) To annually charge and collect from Members a Member Assessment as needed to pay the on -going costs of the Fencing Consortium; (P) (q) To determine and require the payment of a Surcharge by Additional Members joining the Fencing Consortium; and To exercise all other powers necessary and incidental to carry out the purposes of this Agreement provided such powers are consistent with the purposes of the Agreement and are exercised in accordance with the applicable statutory powers of the Members. 4.11. Powers Not Delegated. The Members expressly reserve for themselves the following powers, which shall not be deemed delegated to, and may not be exercised by, the Board: (a) Hire employees; (b) Purchase real property; (c) Issue bonds; or (d) Undertake or otherwise perform any functions exceeding the general scope and purpose of this Agreement. 4.12. Specific Duties of the Board. The Board shall exercise the powers provided it under this Agreement to perform, in addition to the other duties provided for in this Agreement, the following specific duties: (a) Lease Fence. The Board shall enter into a Lease with the Vendor to obtain the Fencing and trailer(s) for transporting the Fencing. The Board shall ensure it secures and maintains a sufficient length of Fencing to cover the Member with the longest Fencing lengths as shown on the Fencing Preplans, rounded up to the nearest 500 feet. Initially, the Board shall base the amount of Fencing on the Fencing Preplans submitted by the Original Members. As Additional Members join the Fencing Consortium, the Board shall consider the Fencing needs and may secure additional Fencing as it determines is needed. (b) Fence Storage and Transport. The Lease shall require the Vendor to store the Fencing at a location agreeable to the Board, deliver the Fencing to the identified Staging Area upon the Board's request within the response timeframe identified in the Lease, and to address other transportation needs as specified in the Lease. (c) Select Notification System. The Board shall select a Notification Systems that will be used by Directors to Call Out the Deployment Team to a Requesting Member's Governmental Unit. 10 CR225-476-758705.v8 (d) Reports. The Board shall prepare and distribute such reports to the Members as the Board determines are necessary to keep them informed of the Fencing Consortium's activities. The Board shall determine the best method for distributing such reports. 4.13. Office. The initial office of the Fencing Consortium shall be selected by the Board. The Board may change the location of the office as it determines is appropriate. The Board will hold its meetings at the designated office, but may also meet at such other locations as it determines appropriate to carry out its duties. 4.14. Disbursements. Except as otherwise provided, all unbudgeted disbursements and expenditures of the Fencing Consortium shall be approved by the Board. All checks issued by the Fencing Consortium from its funds shall be co -signed by two Directors designated by the Board. 4.15. Fiscal Agent. The Board may appoint, and enter into agreements with, a fiscal agent for the Fencing Consortium and may change the fiscal agent from time to time as it deems necessary. The fiscal agent may be a Member Governmental Unit. The Board may delegate authority to the fiscal agent to act on its behalf as the Board deems appropriate and in accordance with applicable laws. ARTICLE V DEPLOYMENT OF THE FENCING 5.1. Automatic Deployment. The Fencing shall be made available for automatic deployment upon the occurrence of a Critical Incident in a Member's Governmental Unit. The Requesting Member shall notify a Director of a Critical Incident and a Director shall utilize the designated Notification System to Call Out the Deployment Team for deployment of the Fencing. The Deployment Team shall then respond to the Requesting Member to unload and assemble the Fencing at the Deployment Site. The process to request deployment and demobilization of the Fencing shall occur in accordance with this Agreement and the policies and procedures adopted by the Board. The Deployment Team Manager shall be responsible for coordinating the deployment and demobilization of the Fencing. 5.2. Requesting Member Obligations. A Requesting Member requesting deployment of the Fencing for a Critical Incident occurring in the Member's jurisdiction shall be responsible for the following: (a) Providing security for the Deployment Team while it is conducting its work at the Deployment Site; (b) Provide any equipment that may be needed to deploy or demobilize the Fencing that is not provided by the Vendor; 11 CR225-476-758705.v8 (c) Pay the Vendor charges for the actual use of the Fencing. Such payments are to be made directly to the Vendor unless directed otherwise by the Board; (d) Providing food, water, first aid, and similar support to the Deployment Team as may reasonably be needed; (e) Contacting the Board or the Board's designee if there are any issues with the Fencing once it is in place; and (f) Complying with Board policies and procedures applicable to a Requesting Member, including avoiding any activities that may unreasonably damage the Fencing or expose the Deployment Team to an unreasonable risk. 5.3. Discretionary Deployment. A Member may make a request to the Board for the deployment of the Fencing in the Member's Governmental Unit for an event or occurrence other than a Critical Incident. The deployment of the Fencing for something other than a Critical Incident is left to the sole discretion of the Board. The Board shall consider all such requests at a meeting and determine whether to approve the Member's request. The Board shall adopt criteria or standards for determining when to allow the discretionary deployment of the Fencing and the requesting Member's obligations if the request is approved. The Board may delegate the authority to one or more Directors to determine whether to allow the discretionary deployment of the Fencing based on the criteria established by the Board. 5.4. Non -Member Deployment. The Board shall adopt standards and requirements for determining whether to allow the deployment of the Fencing in response to a Critical Incident that occurred in a non-member Governmental Unit. Nothing in this Agreement obligates the Fencing Consortium to deploy the Fencing to a non-member Governmental Unit. 5.5. No Guarantee. The Members understand and agree the deployment of the Fencing by the Deployment Team is a cooperative undertaking and that the Fencing Consortium cannot guarantee a certain response time or make any representations or warranties regarding response times, the Fencing, its assembly, or effectiveness. The Deployment Team will endeavor to respond as quickly as possible to a Critical Incident and to place the Fencing as shown in the Requesting Member's Fencing Preplan as provided in this Agreement and in accordance with Board policies and procedures. 5.6. Demobilization. The Member who receives the Fencing in response to a Critical Incident shall work with the Fencing Consortium to determine when to initiate the demobilization of the Fencing from the Deployment Site. For a discretionary deployment of the fence, the demobilization date shall be determined prior to the deployment. The Deployment Team shall be responsible for disassembling the Fencing as part of the demobilization. The Board shall establish such procedures and policies as may be needed to address the demobilization of the Fencing. The Board has the authority to recall the Fencing from a Member if it determines there is a more critical need for the Fencing in 12 CR225-476-758705.v8 another Governmental Unit that cannot be fulfilled by the remaining Fencing held by the Fencing Consortium. ARTICLE VI MEMBERSHIP COSTS AND ASSESSMENTS 6.1. Original Member Costs. Each Original Member shall be responsible for paying a share of the Fencing costs based on the length of fence indicated in its Fencing Preplan as a percentage of the total amount of initial Fencing to be leased by the Board. The Board shall determine the amount each Original Member is required to pay and provide each an invoice together with a sheet showing the division of costs. Invoice shall be paid within 45 days of receipt. 6.2. Additional Member Costs. Each Additional Member shall be required to pay their share of the Fencing costs calculated as if they were an Original Member. Each Additional Member shall also be required to pay a Surcharge in the amount determined by the Board. The Surcharge is to pay the Additional Member's portion of the Member Assessment, any buy -in costs to cover a share of the Fencing and related costs, and to partially reimburse the costs paid by the existing Members. The Board shall apply the buy -in amounts collected to reduce the future charges to the existing Members. 6.3. Member Assessments. In addition to the initial Fencing costs each Member is required to pay, Members shall also be assessed for the on -going costs to operate and maintain the Fencing Consortium. These operational costs will be divided based on the Fencing costs formula and paid by each Member as a Member Assessment. The formula shall take into account the total length of Fencing held by the Fencing Consortium and then divided by the length of each Member's Fencing needs as indicated in the Fencing Preplan. The Board shall, as part of the annual budget, determine the total amount of the Member Assessments and the specific amount to be assessed each Member to pay the anticipated Fencing Consortium costs in the upcoming year. 6.4. Payment of Member Assessments. The Fencing Consortium shall invoice Members for their Member Assessment amount for the upcoming year. Invoices are to be sent no later than January 15th in the year for which the assessment is being imposed. Members shall pay their invoices in full within 45 days from the date of the invoice. 6.5. Default. Any Member who breaches or otherwise fails to comply with the terms and conditions of this Agreement including, but not limited to, failure to pay its Member Assessment in full by the due date, shall be considered in default of this Agreement. Any dispute regarding whether a Member is in default shall be determined by a vote of the Board. A Member shall not be considered in default until it has been notified in writing by the Board of the condition placing it in default. The notice of default shall indicate the Member is not in good standing and may be expelled if the default is not cured within 90 days. If a Member fails to fully cure a default within 90 days of the notice of default, the Board may issue a written notice of expulsion from the Fencing Consortium. Upon such notice, the Governmental Unit is no longer a Member of the Fencing Consortium as if the 13 CR225-476-758705.v8 Governmental Unit voluntarily elected to terminate its membership in the Fencing Consortium as provided herein. ARTICLE VII MEMBER STAFFING REQUIREMENTS 7.1. Public Works Staff. Each Member is expected to assign member(s) of its public works staff to serve on the Deployment Team to train with the Fencing and to participate in the unloading, assembly, and demobilization of the Fencing at a Deployment Site. The providing of public works staff is through the Public Works Mutual Aid Pact and is at each Member's own cost. 7.2. Training. The Deployment Team shall train with the Fencing at least three times a year to familiarize the Deployment Team with the Fencing and to help ensure its rapid assembly at a Deployment Site in response to a Call Out. The Board shall work with the Deployment Team to determine a reasonable training schedule that does not negatively impact their regular duties. 7.3. Employees. The members of the Deployment Team are not employees of the Fencing Consortium. The assigned members shall remain employees of their Governmental Unit for all purposes including, but not limited to, workers' compensation coverage. 7.4. Equipment. Any damage to or loss of Member equipment utilized by the Deployment Team shall be addressed as provided in the Public Works Mutual Aid Pact. 7.5. Liability. Liability for the acts of the Deployment Team when responding to a Ca11 Out shall be addressed in accordance with the terms of the Public Works Mutual Aid Pact. For the purposes of the Public Works Mutual Aid Pact, the Requesting Member shall be the "Requesting Party" and each of the Members assigning personnel to the Deployment Team shall be a "Sending Party." ARTICLE VIII BUDGETING AND FINANCIAL REPORTING 8.1. Fiscal Year. The fiscal year of the Fencing Consortium is the calendar year. 8.2. Annual Budget. The Board shall prepare and adopt an annual budget as provided in this section. (a) Proposed Budget. The Board shall prepare and approve a proposed budget for the upcoming fiscal year. The proposed budget shall account for all anticipated costs in 14 CR225-476-758705.v8 the upcoming year and indicate the amounts proposed to be assessed to the Members. (b) Notice to Members. The Board shall adopt a proposed budget and distribute it to the Members by no later than June 1st each year. Members may submit written comments to the Board regarding the proposed budget by no later than July 1 ". (c) Final Budget. The Board shall consider the comments received from Members and shall act to adopt a final budget by no later than August 31 St. The Board shall distribute a copy of the adopted annual budget to the Members. To reduce administrative costs given the potential number of Members, the Board may send notices and otherwise communicate with Members using email messages in lieu of mailing. ARTICLE IX INSURANCE AND INDEMNIFICATION 9.1 Insurance. The Fencing Consortium shall purchase and maintain such insurance policies as the Board determines is necessary and appropriate to cover the Fencing Consortium, the Board, its operations, and, if required, the Fencing. By purchasing insurance the Members, the Fencing Consortium, and the Board do not waive, and shall not be construed as having waived, any exemptions, immunities, or limitations on liability provided by any applicable Minnesota Law, including Minnesota Statutes, Chapter 466 and section 471.59, subdivision la. Any uninsured liabilities incurred by the Fencing Consortium shall be paid by the Members in the same percentage as their Member Assessments as set out in this Agreement. 9.2 Director Indemnification. The Fencing Consortium shall defend and indemnify its Directors from any claim or damages levied against a Director arising out of the Director's lawful acts or omissions made or occurring in the good faith performance of their duties on the Board. The Fencing Consortium is not required to indemnify a Director for any act or omission for which the Director is guilty of malfeasance, willful neglect of duty, or bad faith. 9.3 Member Indemnification. The Fencing Consortium shall hold the Members harmless, individually and collectively, and will defend and indemnify the Members for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by the Fencing Consortium. The Fencing Consortium's duty to indemnify does not constitute, and shall not be construed as, a waiver by either the Fencing Consortium or any or all Members of any exemptions, immunities, or limitations on liability provided by law or of being treated as a single governmental unit as provided in Minnesota Statutes, section 471.59, subdivision la. 9.4 Liability. To the fullest extent permitted by law, this Agreement and the activities carried out hereunder thereof are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Members that they, together with the Board, shall be 15 CR225-476-758705.v8 deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, section 471.59, subdivision la. For purposes of the statute, each Member to this Agreement expressly declines responsibility for the acts or omissions of the other Members. SECTION X DISPUTE RESOLUTION 10.1 Dispute Resolution Process. The Members agree to engage in good faith to attempt to resolve any disputes that may arise over the establishment, operation, or maintenance of the Fencing Consortium. If a dispute is not resolved informally, the Members agree to use the following process to attempt to resolve any dispute they may have related to the Fencing Consortium. (a) Written Notice of Dispute. Any Member with a dispute regarding the Fencing Consortium or the Board may submit a written explanation of its dispute to the Fencing Consortium and to each Member. The Board shall make the email list of Members available for the purpose of providing this notice. The explanation of the dispute must be detailed, not repetitive of a dispute already addressed by the Board regarding the same Member, relate directly to a matter within the scope of the Fencing Consortium or of the Board's powers, and must suggest a solution. (b) Review and Response by Board. Upon the Fencing Consortium's receipt of a written dispute it shall be placed on the agenda of the Board's next scheduled regular meeting for consideration. The Board shall respond in writing to all properly submitted disputes within three months and shall provide each Member a copy of its response. (c) Mediation. If the Member with the dispute is not satisfied with the Board's response, it may file a written request with the Board for mediation. If the Member and the Board are not able to mutually agree on a mediator, the Member and the Board shall each select a mediator and the two mediators shall select a third. Each party to the mediation shall be responsible for the cost of the mediator it selected and shall share equally in the costs of the mediation and of the third mediator. (d) Binding Arbitration. If the dispute is not resolved in mediation, the aggrieved Member and the Board may agree to submit to a binding arbitration process. The arbitration shall be conducted in accordance with Minnesota Statutes, chapter 572B following the Commercial Arbitration Rules of the American Arbitration Association, unless the Board and the Member agree to follow different rules. The Members and the Board agree the decision of the arbitrator shall be binding on the Fencing Consortium and its Members. 16 CR225-476-758705.v8 SECTION XI WITHDRAWAL OF A MEMBER Process. A Member may withdraw from the Fencing Consortium by providing written notice to the Board of its intent to withdraw. To avoid a withdrawal from interrupting the on -going payments for the costs of the Fencing, the effective date of the withdrawal will depend on its timing with respect to the Board's work to set the budget for the upcoming year. If the Board receives the withdrawal notice prior to May 1st in a year, the effective date of the withdrawal will be December 31st of the same year. If the Board receives the notice after May 1st, the withdrawal will be effective December 31 st of the following year. 11.2 Effect of Withdrawal. The withdrawing Member shall be responsible for paying its full Member Assessment for the full year in which the withdrawal is effective. Recognizing the Fencing Consortium is an ongoing concern, the Members agree the withdrawing Member shall not receive any reimbursement of the amounts it has paid and is not entitled to any share in the assets of the Fencing Consortium. Upon the effective date of the withdrawal, the former Member shall no longer be considered a Member under this Agreement. SECTION XII DISSOLUTION OF FENCING CONSORTIUM 12.1 Dissolution Process. The Fencing Consortium may only be dissolved by a joint resolution approved by four -fifths of the then current Members or by a unanimous vote of the entire Board on a dissolution resolution. Dissolution shall not be effective for at least six months from the adoption the resolution unless an earlier dissolution date is approved as part of the resolution. Prior to the effective date of the dissolution, the Board shall use the Fencing Consortium's assets to pay its outstanding obligations. If the assets on hand are not sufficient to pay all outstanding obligations, the Board shall impose a Member Assessment to collect sufficient funds to pay the outstanding amounts. The Board shall divide the amount needing to be collected by a Member Assessment using the same formula for other Member Assessments. The Fencing Consortium shall not be finally dissolved until its outstanding obligations are paid in full. 12.2 Distribution of Assets and Property. Upon dissolution, the Board shall distribute any remaining assets to the Members in proportion to the Member Assessment of each Member in effect as of the date of dissolution. The Board shall have the power to determine the best method for distributing the assets and to decide any disputes that may arise among the Members concerning such distribution. SECTION XIII MISCELLANEOUS PROVISIONS 13.1 Official Copy. This Agreement is being entered into through the adoption by each Member and the Membership Resolution. The Board shall maintain the official copy of this Agreement and maintain a list of the Original Members and the Additional Members. 17 CR225-476-758705.v8 The official copy shall constitute the Agreement, which shall be binding on all of the Members. 13.2 Data Practices. The Fencing Consortium shall comply with the requirements of Minnesota Statutes, chapter 13, the Minnesota Government Data Practices Act ("Act"). The Vendor shall be required to comply with the Act as provided in Minnesota Statutes, section 13.05. The Vendor shall be required to notify the Board if it receives a data request and to work with the Fencing Consortium to respond to it. 13.3 Notices. Any notice required or permitted to be given to the Fencing Consortium under this Agreement shall be given in writing, and shall be sent by first class mail to its current address. Notice to each Member shall be given in writing by first class mail or email to the Member's chief of police or other designated contact person. 13.4 Waiver. The delay or failure of any party of this Agreement at any time to require performance or compliance by any other party of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. 13.5 Governing Law. The respective rights, obligations and remedies of the parties under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 13.6 Headings and Captions. The headings and captions of these paragraphs and sections of this Agreement are included for convenience or reference only and shall not constitute a part hereof. 13.7 No Third -Party Rights. This Agreement is entered into for the sole benefit of the Members and no other parties are intended to be direct or incidental beneficiaries of this Agreement, and no third party shall have any right in, under, or to this Agreement. 13.8 Good Faith. Each Member shall act in good faith. In exercising its rights and fulfilling its obligations under this Agreement, each party acknowledges that this Agreement contemplates cooperation between and among the parties. 13.9 Entire Agreement. This Agreement, including the recitals and all of the Membership Resolutions, contains the entire understanding between the Members concerning the subject matter hereof. 13.10 Amendments. Amendments to this Agreement may be proposed by the Board or by at least 10% of the Members submitting a proposed amendment to the Board. The Board shall forward proposed amendments to the Members in the form of an amendment resolution. The Board will only forward amendments proposed by Members if it determines the proposed amendments are lawful and not contrary to the primary purposes of this Agreement. Members adopting the amendment resolution shall return a copy of 18 CR225-476-758705.v8 the executed resolution to the Board. A proposed amendment shall be considered approved if the amendment resolution is adopted by at least 90% of the then current Members. 13.11 Examination of Books. Pursuant to Minnesota Statutes, section 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Fencing Consortium and the Vendor are subject to examination by the State. Members may examine the financial records of the Fencing Consortium upon reasonable request. 13.12 Recitals and Exhibits Incorporated. The recitals contained herein, and the Membership Resolutions, are incorporated in and made part of this Agreement. IN WITNESS WHEREOF, the Members have, by adoption and execution of the Membership Resolution, entered into this Agreement as of the Effective Date or, if an Additional Member, as of the date of acceptance by the Board of the Membership Resolution. [A list of all Members is maintained by the Fencing Consortium.] 19 CR225-476-758705.v8 iliwater THE BIRTHPLACE OF MINNESOTA DATE: March 30, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor License Ordinance Amendment BACKGROUND The 2022 Legislature passed a new law that requires changes to the City's liquor licensing and rules. These changes are: Distiller License — the new law allows the City to issue a cocktail room license to the holder of a distilled spirits manufacturing license to allow them to sell for consumption on the premise or adjacent to the distillery location owned by the distiller. It also increases the amount microdistilleries may sell off -sale from 375 milliliters containers to 750 milliliters per customer per day. Growler Sales — Under the old law, only small brewers, that produced 20,000 barrels a year could request a city license to sell 750 of those barrels off -sale in growlers. The new law raised the barrel limit to 150,000 barrels a year. This does not require an amendment, but may result in more microbrewers requesting an off -sale license for growler sales. Small Brewer Off -Sale — the new law allows the City to issue a license for off -sale of up to 128 ounces per customer per day for brewers that sell less than 7,500 barrels or less per year. Authorized Establishments — the new law allows the City to issue on -sale liquor license to "resorts" ("Resort" means a building, structure, enclosure, or any part thereof located on, or on property neighboring, any lake, stream, skiing or hunting area, or any recreational area for purposes of providing convenient access thereto, kept, used, maintained, or advertised as, or held out to the public to be a place where sleeping accommodations are furnished to the public, and primarily to those seeking recreation for periods of one day, one week, or longer, and having for rent five or more cottages, rooms, or enclosures.) Also, on -sale wine and on -sale malt liquor licenses may be issued to baseball teams competing in an official Minnesota Baseball Association league or to a person holding a concessions or management contract for beverages sales at a ballpark for summer town ball games. Elimination of 30-day Temporary License Restriction — the new law eliminates the restriction on organizations obtaining a temporary liquor license to have a 30-day period in between licenses. Extended hours for FIFA World Cup — The new law authorizes the City to issue special permits for service of alcohol during extended hours. The permit authorizes the sale of alcoholic beverages 30 minutes before, during, and 30 minutes after a scheduled broadcast of a live World Cup match. Only holders of an existing on -sale intoxicating liquor license or 3.2% malt liquor license are eligible for the extended hours. This new permit expires on Sept. 1, 2023. Attached is an ordinance amending Chapter 43, Liquor Licensing to reflect the law changes. Should Council approve the changes, the ordinance would be in effect after the 2nd reading and publication, effective June 24, 2022. RECOMMENDATION Staff recommends amending Chapter 43, Liquor Licensing to reflect the new law changes. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving 1st reading of an Ordinance Amending Stillwater City Code Chapter 43-65 and 43-126 Regarding Liquor License Types and Chapter 43-66 Regarding Hours of Operation. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 43-65 AND 43-126 REGARDING LIQUOR LICENSE TYPES AND CHAPTER 43-66 SUBD. 10 REGARDING HOURS OF OPERATION The City Council of Stillwater does ordain: SECTION 1 AMENDMENT. Stillwater City Code Chapter 43-65, subd. 1, 3, 5, 10, 11 Liquor License Types is hereby amended as follows: Subd. 1. On -sale licenses. An on -sale intoxicating liquor license may be issued to clubs, resorts, restaurants, theaters, hotels and bowling centers. Subd. 3. On -sale wine licenses. Except as otherwise provided in this section and by law, on -sale wine licenses may be granted and issued to restaurants, bed and breakfasts, ate -theaters and baseball teams competing in a league established by the Minnesota Baseball Association or to a person holding a concessions or management contract for beverage sales at a ballpark for the purposes of summer town ball games. Subd. 5. Temporary on -sale licenses. (1) General rule. Notwithstanding any other provision of this section, a club (as defined in Minn. Stat. § 340A.101, Subd. 7) or charitable, religious or other nonprofit organization may obtain a temporary on -sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an on -sale intoxicating liquor license issued by the city. (2) Caterer. The license may provide that the licensee must contract with the holder of an intoxicating liquor license issued by the city who also has a state -issued caterer's permit for dispensing intoxicating liquor. The caterer must provide the city with a valid certificate of insurance for the event. (3) A separate license fee shall be due for each application submitted. However, if the applicant applies for more than one event in a single application, only one license fee shall be required. (4) Number of days per event. The license will not authorize any temporary on -sale intoxicating liquor license for more than four consecutive days. (5) Number of events per year. The city will not authorize more than three four -day, four three-day, six two-day or 12 one -day temporary licenses, in any combination not to exceed 12 days per year for the sale of intoxicating liquor to any one organization or for any one location within the city for a 12-month period. (76) Application. Application for a temporary license may be made on forms provided by the city clerk and must include the following information: a. The name, address and purpose of the organization, together with the names and addresses of its officers, and evidence of nonprofit status or of its status as a club as defined in this section; b. The purpose for which the temporary license is sought, together with the location, dates and hours during which wine or intoxicating liquor will be sold; c. Consent of the owner or manager of the premises or person or group with lawful responsibility for the premises; d. Evidence that the manager or director has received alcohol awareness training as required in section 43-66 subd. 11; and e. A security plan approved by the police chief or his or her designee. (87) Reasonable conditions. The city council may impose reasonable conditions to protect the health, safety and general welfare of the public. Subd. 10. Brewer license. (1) On -sale brewpub license. On -sale intoxicating or on -sale 3.2 percent malt liquor may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria of Minn. Stat. § 340A.24. (2) Off -sale malt liquor brewer license (off -sale brewpub). A brewer with an on -sale brewpub license may be issued an off -sale malt liquor brewer license which shall permit the off -sale of malt liquor at the brewer's licensed premises subject to the provisions of Minn. Stat. § 340A.24. a. A brewer may only hold one brewer off -sale malt liquor license. b. The only malt liquor sold on the licensed premises shall be malt liquor produced by the brewer at the brewery premises. (3) Brewer taproom license. A brewer taproom license may be issued to a holder of a brewer's license, which authorizes on -sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may only have one taproom license and may not have an ownership interest in a brewpub. (4) Brewer temporary on -sale intoxicating liquor license. A brewer temporary on -sale intoxicating liquor license may be issued to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on -sale of intoxicating liquor in connection with a social event within the city that is sponsored by the brewer. 2 (5) Off -sale malt liquor small brewer licenses. A small brewer off -sale malt liquor license may also be issued, with approval of the commissioner, to a holder of a brewer's license under Minn. Stat. § 340A.301. subd. 6(c). (i) or (j) and meeting the criteria established by Minn. Stat. § 340A.29 as may be amended from time to time. The amount of malt liquor sold at off -sale under this license may not exceed '128 ounces_per customer per day. The malt liquor sold off -sale must be removed from the premises before the applicable off -sale closing time. Packaging of malt liquor for off -sale under this license must comply with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120. Subd. 11. Microdistiller license. (1) Cocktail room license. The holder of a microdistillery license or a distilled spirits manufacturing license under Minn. Stat. § 340A.22 may be issued a cocktail room license. a. A cocktail room license authorizes the on -sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. b. A distiller may only have one cocktail room license and may not have an-ewhersh-lo interest -in +st+Ne-i-eensed under -Minn. Stet §--340l1.301, Subd. 6-(a). (2) Microdistiller off -sale license. A microdistiller off -sale license may be issued to the holder of a state microdistillery license if at least 50 percent of the annual production of the licensee is processed and distilled on premises. An off -sale license herein authorizes off -sale of one 375 750 milliliter bottle per customer per day of product manufactured on -site provided the product is also available for distribution to wholesalers. (3) Microdistiller temporary on -sale intoxicating liquor license. A microdistiller temporary on -sale intoxicating liquor license may be issued to the holder of a state microdistillery license. A temporary on - sale license herein authorizes on -sale of intoxicating liquor in connection with a social event within the city that is sponsored by the microdistillery. SECTION 2 AMENDMENT. Stillwater City Code Chapter 43-66 — General conditions, Subd. 10 (1). Hours of operation, is hereby amended as follows: Subd. 10. Hours of operation and consumption time limit. (1) Hours of operation. a. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. § 340A.504, except as provided below. b. On -sale intoxicating license holders may apply for a license to sell intoxicating liquor until 2:00 a.m., except that for license holders with a Sunday on -sale intoxicating liquor license the hours shall be between 8:00 a.m. on Sundays and 1:00 a.m. on Mondays. c. On Sundays, license holders with a 2:00 a.m. license and with seating capacity for at least 30 people, may sell intoxicating liquor 3 in conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Mondays only when a Sunday is followed by the Monday observing Memorial Day, July 4 th or Labor Day. d. The off -sale of malt liquor may only be made during the same days and hours permitted at exclusive liquor stores. e. The on -sale of distilled liquor may only be made during the days and hours that the sale of on -sale intoxicating liquor is permitted. f. On -Sale intoxicating license holders may apply for a special permit for service of alcohol during extended hours during a live broadcast of a World Cup match. The permit authorizes the sale of alcoholic beverages for up to 30 minutes before, during and up to 30 minutes after a broadcast of a live World Cup match. This special permit expires Sept 1, 2023. SECTION 3 AMENDMENT. Stillwater City Code Chapter 43-126 — 3.2 Percent Malt Liquor is hereby amended as follows: Subd. 1. It is unlawful to sell 3.2 percent malt liquor at wholesale or retail without a license. The fee for such licenses shall be as established by city council resolution. Subd. 2. Definitions. Terms used in this section have the meanings given them by Minn. Stat. ch. 340A. Subd. 3. Conditions. (1 On -sale licenses permit the licensee to sell 3.2 percent malt liquor for consumption on the premises. On -sale licenses will be granted only to restaurants, hotels, drug stores, alto clubs for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of such 3.2 percent malt liquor is incidental and not the major purpose of the club, to baseball teams competing in a league established by the Minnesota Baseball Association or to a person holding a concessions or management contract for beverage sales at a ballpark for the purposes of summer town ball games. In addition, 3.2 percent malt liquor license holders may apply for a special permit for service of alcohol during extended hours during a live broadcast of a World Cup match. The permit authorizes the sale of 3.2 percent malt liquor beverages for up to 30 minutes before, during and up to 30 minutes after a broadcast of a live World Cup match. This special permit expires Sept 1. 2023. (2) Off -sale licenses permit the licensee to sell 3.2 percent malt liquor in the original package for consumption off the premises only. 4 (3) Temporary on -sale licenses may be granted to clubs, charitable, religious or non-profit organizations for the sale of 3.2 percent malt liquor. the term of a temporary on -sale license shall not exceed three days. On -sale licenses shall be subject to special terms and conditions as the council may prescribe. SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 5 EFFECTIVE DATE. This Ordinance shall not be published until approved by the City Council, and after its passage and publication according to law. Approved this day of June, 2022. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk 5 Ted Kozlowski, Mayor jj1wat ern T H E BIRTHPLACEOFMINNESOTA DATE: June 3, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: ORDINANCE AMENDMENT - Short Term Home Rental License Changes BACKGROUND The City Council previously provided broad policy direction on this topic on March 1, 2022 and May 3, 2022. Staff now offers up said policy direction in Ordinance Format for official approval. General/Broad Goals of Ordinance Amendment • Retain the pertinent standards and protections to allow Short Term Home Rentals without creating a nuisance to neighboring properties • Analyze the effectiveness of the current regulations (5 Year Review of Original Ordinance) o Address density maximum in the CBD: Central Business District • Streamline the approval process for those Applications that fully comply with applicable regulations (without losing protection for neighboring properties) • Reduce confusion for Staff and Applicants due to complexity of existing License Types Below is a summary of proposed changes. • No more classes of Licenses; just a single Short Term Home Rental License • Rental Density - No more than 10% per block allowed, except that existing Licensees will be lawful, nonconforming until the number naturally decreases to the required number per block o Staff Requests City Council Direction on density/maximum number of Licenses in the CBD: Central Business District (current draft has no density restrictions for the CBD District) o Staff is preparing a Density Map • First/Initial Application requires City Council Approval; Renewal Applications with no violations and no changes can be approved administratively • All proposals must comply with parking requirements for the Zoning District and Use; any deviation requires City Council Approval of a Parking Mitigation Plan • A majority of other applicable existing regulations in the current ordinance remain A reminder that under the current ordinance, there are no additional licenses available for Non -Owner Occupied Units in the CBD District. For reference purposes only, per past Council request, Staff is providing a summary of existing license maximum status per existing category. A reminder that the proposed ordinance moves away from this structure and into a density per block model. License Type Maximum Allowed Currently Issued Remaining Type A (Owner Occupied/On Site) 35 2 (All Non -Downtown) 33 Type B (Owner Occupied/Not On Site) 35 13 (2 Downtown; 11 Non- Downtown) 22 Type C Downtown (Non -Owner Occupied) 10 11* *Due to 2 Lawful, Non - Conforming Conditional Use Permits -1 Type C Non- Downtown (Non -Owner Occupied) 15 9 6 RECOMMENDATION Staff recommends that the City Council adopt the Ordinance amending Short Term Home Rental Regulations. ACTION Motion to approve the first reading of the Ordinance amending City Code Section 41-8 entitled Short Term Home Rental Regulations. ATTACHMENTS DRAFT Ordinance City Council Minutes dated March 1, 2022 City Council Minutes dated May 3, 2022 ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 41-8 OF THE STILLWATER CITY CODE REGARDING SHORT TERM HOME RENTAL REGULATIONS The City Council of the City of Stillwater does ordain: SECTION 1. REPEAL AND REPLACE. Stillwater City Code Chapter 41-8 regarding short term home rental regulations is hereby repealed and replaced as follows: Sec. 41-8. — Short term home rental dwelling units. Subd. 1. Purpose. It is the purpose of this section to protect the public health, safety and welfare of those who stay in short term rental dwelling units by adopting a rental dwelling license program. The operation of rental properties is a business enterprise that includes certain responsibilities. Rental owners, operators and managers are responsible to take such reasonable steps as are necessary to ensure that the guests who occupy such rental dwelling units, as well as neighboring properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure, and sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears about safety of persons and property. Subd. 2. Definitions. Words used in this section shall have the following meanings unless otherwise defined in this section. (1) City Inspection Report means a rental dwelling inspection report prepared and signed by the fire department and building department. (2) City Administrator means the Stillwater City Administrator or designee. (3) Operator or Manager means any person who has charge, care or control of a rental dwelling unit. (4) Owner or Licensee means any person agent, operator, firm or corporation having a legal or equitable interest in the property or recorded in the official state, county or city records as holding title to the property or otherwise having control of the rental dwelling unit property. (5) Person means an individual, corporation, firm, association, company, partnership, organization or any other group acting as a unit. (6) Reinspection means a follow-up city inspection that is: a. Conducted to determine if a code violation has been corrected; b. Necessary because a licensee, owner or other responsible party fails to attend a scheduled inspection; c. Necessary because a scheduled inspection does not occur or is prevented from occurring due to an act of a property owner or agent; or 1 d. Any inspection following an initial inspection. (7) Rental Dwelling means any dwelling used for residential occupancy by one or more persons who are not the owner. (8) Rental Dwelling Unit means any room or rooms, or space, in any rental dwelling designed or used for residential occupancy by one or more persons who are not the owner. (9) Short Term Home Rental means a rental dwelling or rental dwelling unit that is offered to transient guests for a period of less than 30 consecutive days. Subd. 3. License Required. (1) General Rule. No person, partnership, business entity, or corporation shall operate a short term home rental dwelling or rental dwelling unit in the city without a license. (2) City council action. Upon receipt of a completed application, the City Council may take any of the following actions on new license applications: a. Approve the license; b. Deny the license; c. Approve a provisional license; d. Approve the license with reasonable conditions; or e. Continue the license application for good cause. (3) Applications. The license application must be submitted on a form provided by the city and must include all the information requested on the application form, in addition to the following information: a. Property Owner Information. i. The name, address and complete information of the property owner, if the property owner is an individual, including social security number. ii. The name, address and complete information of at least one officer, manager or director, if the property owner is a business entity, including the name of the business entity, the state of formation, the applicants federal tax identification number and state employer identification number. b. Property contact information. The applicant must provide 24-hour contact information for one person in any of the following categories: i. At least one owner of the rental dwelling or rental dwelling unit; or ii. At least one person, if different from the owner, who is responsible for compliance with this and any other code requirement pertaining to the rental dwelling or rental dwelling unit, such as a property manager, who must reside in the Twin Cities 7-County metropolitan area or is able to respond to complaints within 60 minutes or less; or iii. Any of the owner's agents responsible for management of the rental dwelling or rental dwelling unit, such as a property management company 2 and the name and contact information of a person at the property management company; or iv. Any vendors and all vendees, if the rental dwelling or rental dwelling unit is being sold pursuant to a contract for deed. The City Clerk must be notified in writing of any changes to the name(s) provided on the application. c. Insurance. The licensee must provide proof of sufficient and suitable insurance with the license application. d. Inspection report. The application must be accompanied by a satisfactory city inspection report signed by the fire department and building department. A property owner or agent is required to be onsite during the scheduled inspection. A property owner or agent may cancel or re -schedule an inspection no less than 24 hours of the scheduled inspection time or a re -inspection fee will apply. The inspection must have been completed no more than 60 days prior to submission of the license application. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license will be considered. e. License fee. The application must be accompanied by payment in full of the required license fee. The license application fee will be determined by the City Council and listed in the city fee schedule. (4) Background Investigations. a. For all new applications, a background investigation will be conducted on the property owners and managers listed on the application, consistent with Minn. Stat. §299C. The city may request additional information from the license applicant regarding all property owners, if the property is owned by individuals or regarding all officers, managers or directors, if the property is owned by a business entity, and may conduct additional background investigations as it deems necessary. The applicant shall pay a background investigation fee for each background investigation conducted. b. For renewal applications, background investigations are not required and no background investigation fee shall be required, however, the Police Department may conduct a background investigation at its sole discretion, with consent of the applicant. (5) Changes in ownership. A license is non -transferable. If there is a change in the ownership of the rental dwelling or rental dwelling unit, a new license is required. (6) License term. The term of the license is three (3) years. (7) Renewal applications. Renewal applications shall submit and comply with all of the requirements of a new application, except for the background investigation. If all the requirements are met, no changes have been made on the application since the previous application, a satisfactory inspection report is submitted, and there have been no violations of this ordinance in the previous 3 years, renewal applications may be approved administratively by the Community Development Department. 3 (8) Guest register. As a condition of the license, the applicant must, as a continuing obligation, maintain a current register of guests and other persons who have a lawful right to occupancy of rental dwellings or rental dwelling units. In its application, the applicant must designate the name of the person or persons who will have possession of the register and must promptly notify the City Administrator or designee of any change in the identity, address or telephone numbers of such person. The register must be available for inspection by city officials at all times. (9) Display of license certificate. The license certificate must be exhibited in a conspicuous place at or near the entrance to the rental dwelling or rental dwelling unit. Subd. 4. Exemptions. This section does not apply to and no license is required for the following: (1) Hotels (2) Motels (3) Bed and breakfasts, which are subject to requirements in City Code section 31-504 (4) State -licensed residential care facilities (5) Nursing homes Subd. 5. Rental density for short term rental licenses. (1) In all zoning districts where short term rental dwelling or dwelling units are allowed, no more than 10% of the lots on any block shall be eligible to obtain a rental license, unless a temporary license is granted by the City Council as provided herein. The rental density restrictions imposed by this section does not apply to the Central Business District. The following table indicates how many lots per block are able to be licensed as a rental property based on the number of lots that exist in a block: Lots/Block Rental Units Allowed 1-14 1 15-24 2 25-34 3 35-44 4 45-54 5 55-64 6 65-74 7 75-84 8 85-94 9 (2) The following guidelines shall apply to determine eligible blocks and lots. 4 a. For the purposes of this subdivision, a "block" shall be defined as an area of land enclosed within the perimeter of streets, watercourses, public parks, municipally owned lots and city boundaries. b. This subdivision shall apply to legally conforming lots of record and legally nonconforming lots of record. For the purposes of this subdivision, lots of record may also be referred to as "properties," "property," or "lots." c. Commercial or industrial uses located in a Residential Zoning District shall not be included in the calculation of the total number of lots per block. d. Properties that are exempt pursuant to Section 41-8, subd. 4 shall not be included in the calculation of the total number of lots per block. (3) If the number of rental properties meets or exceeds the permitted number of rental properties per defined block on the effective date of this section, no additional rental licenses shall be approved for the block, unless a temporary license is granted by the City Council as provided below. Existing rental licenses may be renewed; however, should a rental license not be renewed, or if the rental license is revoked or lapses, the rental license shall not be reinstated unless it is in conformance with this subdivision and other applicable sections of the city code. (4) If the number of rental properties meets or exceeds the permitted number of rental properties per defined block on the effective date of this section, a property owner may request a temporary license to allow an additional rental property for that block. The Council may grant or deny a temporary license in its sole discretion. Persons requesting a temporary license must make an annual application to the city. No property owner shall hold a temporary license for the same property for more than two (2) consecutive years. Subd. 6. Performance Standards. All rental dwelling or rental dwelling units shall be subject to the performance standards identified below. (1) Zoning. Short term home rentals shall only be allowed in specific zoning districts as identified in City Code section 31-315 (allowable uses for residential zoning districts) and section 31-325 (allowable uses for non-residential zoning districts) and (2) Parking requirements. In all zoning districts, all guest parking for a rental dwelling or rental dwelling unit must be on an improved driveways and improved parking surfaces. In addition, the rental dwelling or rental dwelling unit must meet the parking requirements in the applicable zoning ordinance for that use (Chapter 31). If all guest parking cannot be accommodated on the property of the rental dwelling or rental dwelling unit under the standards set forth in the city code, a parking mitigation plan must be submitted to the city for review and approval by the City Council. (3) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this section 41-8, an event means a gathering on the premises of more than three un-registered guests. Events hosted by the property owner are allowed but must comply with all applicable city ordinances and policies, including the prohibition on renting out private residential property for events. 5 (4) There shall be no change in the exterior appearance of the rental dwelling, rental dwelling unit or premises, or other visible evidence of the conduct of a short term home rental, except that additional on -site city code compliant parking may be provided. (5) Maintenance standards. It is the responsibility of the licensee to assure that every rental dwelling or rental dwelling unit is maintained in compliance with all city ordinances and state laws. A violation of any of the following laws and ordinances constitutes a public nuisance: a. Building Code (Chapter 33); b. Animal regulations (Chapter 27); c. Minnesota State Fire Code (Section 23-1, subd. 1); d. Public nuisance regulations (Chapter 38); e. Parking violations (Chapter 51). Subd. 7. Responsibility for acts of manager. Licensees and owners are responsible for the acts or omissions of any manager. Subd. 8. Additional Inspections. The Building Official, Building Inspector, Fire Department personnel, police officers and their respective representatives, are authorized to make inspections reasonably necessary to enforce this ordinance. All authorized inspectors have the authority to enter any rental dwelling or rental dwelling unit at all reasonable times. Each owner of a rental dwelling or rental dwelling unit shall give the authorized city official access to any part of such rental dwelling or rental dwelling unit at reasonable times for the purpose of inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this ordinance. If any owner, owner's agent or occupant of a rental dwelling or rental dwelling unit fails or refuses to permit entry to a rental dwelling or rental dwelling unit for an inspection pursuant to this subdivision, the inspector may seek an administrative search warrant authorizing such inspection. Subd. 9. Summary action. (1) Emergency. When the conduct of any owner or owner's agent, representative, employee or guest, or the condition of the rental dwelling or rental dwelling unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community, or guests of the rental dwelling or rental dwelling unit so as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the Building Official has the authority to summarily condemn or close individual rental dwelling units or areas of the rental dwelling as the Building Official deems necessary. (2) Posted to prevent occupancy. Whenever any rental dwelling or rental dwelling unit is found to be unfit for human habitation under Section 41-8, subd. 9(1), it shall be posted by the Building Official on the door of the rental dwelling or rental dwelling unit, whichever the case may be, to prevent further occupancy. No person, other than the Building Official or their designee, shall remove or alter any posting. The Building Official will post the date the rental dwelling or rental dwelling unit shall be vacated and no person shall reside in, occupy or cause to be occupied that rental dwelling or rental dwelling unit until the Building Official permits it. 6 Subd. 10. License denial, suspension or revocation. Depending upon the circumstances, nature and severity of the violation of any of the above -stated provisions, the City Council may hold a license hearing for consideration of suspension, revocation or conversion to a provisional license, if deemed appropriate. Any short term home rental license may be suspended or revoked for one or more of the following reasons: (1) It is the third substantiated and relevant complaint or violation of the ordinance within a 1 2-month period. (2) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (3) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee's business; (4) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the short term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (5) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. Subd. 11. Violations. A violation of this ordinance is a misdemeanor. However, the city may use alternative enforcement methods, including issuing an administrative citation pursuant to Section 22-10. Subd. 12. Lodging and Sales taxes. In addition to state sales tax, short term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis. The property owner must provide information on a web -based booking service(s) used for the property. If no sales are made during a quarter, a report must be submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 13. No warranty by city. By enacting and undertaking to enforce this section, neither the city, nor its City Council, agents or employees warrant or guaranty the safety, fitness or suitability of any rental dwelling or rental dwelling unit in the city. Owners and guests should take appropriate steps to protect their interests, health, safety and welfare. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The ordinance regarding short term home rental regulations has been amended to eliminate the class A, B, C and D licenses. The ordinance establishes that no more than 10% of properties per block can be short term rental dwellings, except for those located in the Central Business District. All short term home rentals, except bed and breakfasts, will require a license from the City Council and renewal applications may be administratively approved. 7 SECTION 3. EFFECTIVE DATE. This ordinance shall be effective after its passage and publication according to law. Approved this day of , 2022. ATTEST: Ted Kozlowski, Mayor Beth Wolf, City Clerk Publish: Stillwater Gazette - 8 City Council Meeting March 1, 2022 the height by a number of feet; to prohibit non-traditional structures, i.e. shipping containers, or to allow them on a very temporary basis seasonally for storage, with design guidelines. Staff will continue to research other communities' regulations and start working on potential code amendment language. Short Term 1-lome Rental Discussion Community Development Director Gladhill reported that as the popularity of Short Term Home Rentals (STHR) continues to grow, staff would like to improve the program based on recent applications and renewals. He requested direction on key policy areas, including building code accessibility requirements (2020 Code Change), owner occupied status/license type, enforcement, parking, and maximum licenses. Building Code requirements for Type C Licenses (Non -Owner Occupied) present the primary concern raised by prospective licensees and consumes the most amount of staff time in administering the program. These are regulations that the City must administer; the City does not have the choice to grant Variances to Building Code. A change from a single-family dwelling to Type C Short Term Home Rental (owner does not reside on site) represents a change in occupancy classification and requires the owner to install accessibility improvements. This can be challenging in historic homes. Staff recommends the following: 1) reinforce that conversions to Type C Licenses shall require accessibility improvements pursuant to Building Code and that staff resources will not be allocated to finding alternative paths to this requirement; 2) consolidate license types into Owner Occupied and Non - Owner Occupied; 3) create a Short Term Home Rental Parking Permit to meet demands of overnight guests; and 4) provide direction on maximum licenses. Additionally, staff recommends that the City host a meeting with current licensees to discuss potential changes. Mayor Kozlowski indicated that his biggest concern is companies buying several properties and running them as an LLC or investment. St. Paul, for example, limits these to two per owner. He would like to allow homeowners to have a revenue generating opportunity to fix up their old homes, but does not want STHR to be a vehicle for companies seeking profit. City Attorney Land summarized that the issue is making sure the owner is maintaining the property. To do that, the City can limit the number of properties it feels a single owner can reasonably manage. Councilmember Odebrecht remarked that Airbnbs are self regulating and the bar is very high; bad reviews really impact them. Mayor Kozlowski stated he would like to make sure they do not turn into event venues or corporate properties, which would detract from the character of the neighborhood. Councilmember Odebrecht suggested increasing the number of available licenses. Councilmember Polehna noted that the hotels downtown represent a $30 million investment and he sees no point in increasing the number of STHR licenses. Councilmember Collins stated he would support increasing the number of licenses downtown because there have been no issues. Page 2 of 10 City Council Meeting March 1, 2022 Councilmember Junker stated before increasing the number of available licenses, he would like to know how many of each type have been issued outside of downtown. Additionally, the Council should not adjust the number of licenses without addressing parking needs. Mr. Gladhill recapped that staff will bring back information on parking, consolidating license types, limiting the number allowed per applicant, possibly switching to owner occupied versus non -owner occupied, plus possibly increasing the number of licenses available downtown. He added that at some point the City could create a STHR residential parking pass as opposed to the 30-day residential parking pass. STAFF REPORTS Public Works Director Sanders explained MnDOT's request for a Jurisdictional Boundary change along Hwy 36 to square off the boundaries. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve the squaring off the boundary on the north side of Hwy 36 pursuant to MnDOT's original request, continuing all the way west to the City's boundary. All in favor. Mr. Sanders went on to report that there is a 40% chance of minor spring flooding. He shared that MnDOT will contribute $225,000 to soil remediation on the Chestnut Plaza project. Police Chief Mueller offered kudos to Community Resource Officer Brad Junker for the Chamber Hero of the Year Award. He gave an update on personnel openings and interviews. Mental health related calls continue. He reminded the public never to leave a car running due to car thefts. Fire Chief Glaser stated the Department responded to two structure fires. The Fire Department Organizational Study will begin this week. The annual Relief Association meeting is April 5. Community Development Director Gladhill stated that the Assistant Planner position will be filled soon. An electric vehicle charging station project is underway. The Chestnut Plaza project is moving along. City Administrator McCarty stated an RFP for the Police Department Operational Study has gone out and a recommendation will be forthcoming. Staff has met with event organizers and will get input from Commissions and bring the event policy back to the Council. The bonding bill has been drafted and is scheduled for hearings. Senator Housley's bill has been introduced requesting the DNR to not enforce all the elements of the litigation in the White Bear Lake court case. IT Manager Holman reported that the cybersecurity audit is starting. New help desk software will be coming soon. She and the Council offered kudos to IT employee Rich Bornt for his work pulling information together for the EOC. Library Director Troendle updated the Council on library services and events listed on the new web site. RECESS Mayor Kozlowski recessed the meeting at 6:17 p.m. Page 3 of 10 City Council Meeting May 3, 2022 Councilmember Polehna responded the risk is too high for what the City went through with the lawsuits. He does not want it on his conscience that another child died there. Mayor Kozlowski agreed it was a tragedy, but the amoeba exists in every body of water. At some point there has to be some science that will allow the lake to be swimmable again. Councilmember Junker noted his entire teenage life was related to swimming in Lily Lake. Then the softball field came and Lily Lake became even more of a focal point of recreation. Councilmember Odebrecht stated he is very supportive of the guiding principles. The big question is the need for a data -driven approach to reopening swimming. Councilmember Collins pointed out that hundreds of hours went into the preparation of the proposal. The Council should move forward on short term improvements. Motion by Councilmember Polehna, seconded by Councilmember Collins, to make the drives in and out of Lily Lake Park one way. All in favor. Councilmember Polehna commented he will never vote to allow swimming. The Council directed staff to investigate water quality standards related to swimming, and research cost estimates for the recommended improvements. City Attorney Land pointed out the plan has not been adopted by the City at this point. The topic will be brought back for future adoption of a plan and a budget. Sustainable Stillwater Presentation Community Development Director Gladhill noted with help from Sustainable Stillwater, Stillwater has achieved Level 2 and working on Level 3 of the GreenStep Cities program. Roger Tomten, Chair, Sustainable Stillwater, provided an update on the City's participation in the GreenStep Cities Program and an update on Sustainable Stillwater's current initiatives and accomplishments, as well as future partnership opportunities. Linda Countryman, Sustainable Stillwater, stated that initially, Sustainable Stillwater decided to use the GreenStep Cities program because it provided a guide for environmental best practices. None of it is required, it is voluntary and the City is moving at its own pace. The next priority is to develop a climate action plan in partnership with the City as the roadmap to follow to protect the people, property and economy from climate change. They are asking the City to hire a consultant to create a baseline for the plan, and hope to return to the Council in June with examples of climate action plans that other cities have done. Council consensus was to add the Climate Action Plan to the 2023 budget discussion. Short Term Home Rental Regulations Discussion Mr. Gladhill led a high-level policy discussion on staff recommendations for streamlining the City's Short Term Home Rental (STHR) License process. The biggest issue for staff is trying to determine if a property is considered owner -occupied or not. He provided a model ordinance from the City of West St. Paul that works well, and requested direction. Mayor Kozlowski stated he likes the idea of eliminating the owner -occupied distinction and limiting the number of rentals per block in the residential area, but not limiting it downtown Page 2 of 8 City Council Meeting May 3, 2022 where there is a lot of empty space on second and third floors. He finds it odd to require a background check. City Attorney Land stated background checks are very important to avoid granting a STHR license to a predatory offender. Mayor Kozlowski stated background checks seem more appropriate for long term rentals. Attorney Land explained that state law requires background checks for property managers. In West St. Paul, if someone manages more than three properties, they must use a property management company. A city may require anyone it licenses to have a background check. Councilmember Odebrecht stated STHRs are largely self -regulated. He has no problem requiring a background check, but feels that requiring use of a property management company for three or more properties is too onerous. He would like to see more STHRs downtown. Councilmember Junker noted there are major issues with parking downtown and for now he would like to keep the limit of 10 STHRs downtown and resolve the parking issues. The Council directed staff to move forward on drafting ordinance revisions. Alcohol in City Parks Mr. Kohlmann presented a draft ordinance that would permit alcohol consumption without a permit at all larger Community Parks, except Teddy Bear Park, per a discussion at the December 7 Council workshop. Consumption would be prohibited in parking lots and in event spaces unless purchased at the event. The Council directed staff to initiate the ordinance amendment process for allowing alcohol in all City parks, including the neighborhood parks, except Teddy Bear Park. STAFF REPORTS Public Works Director Sanders stated that alum treatment of Lily Lake will take place May 18-20. Hydrant flushing is 50% done. A sinkhole was discovered on Myrtle Street near Sixth Street South. The riverwalk trail and walkway should be completed by the end of May and Councilmember Polehna is setting up a ribbon cutting party for the trail opening. Police Chief Mueller reported that the catalytic converter event went well. He thanked the Public Works Department. He gave an update on body cameras and thanked the IT Department. Police helped investigate a recent social media threat at the high school. Mental health calls are still up. There will not be a high school graduation parade this year. Finance Director Provos stated there will be a bond sale in two weeks and the audit is underway. Community Development Director Gladhill told the Council the new Assistant City Planner will start May 9 and second interviews will be held next week for the City Planner position. City Clerk Wolf alerted the Council to a Human Rights Commission training on Mental Health on May 24. Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the new liquor license for Koch Companies Inc. dba The Dock. All in favor. Page 3 of 8 From: Jonathan Van Zee < > Sent: Wednesday, May 4, 2022 3:31:35 PM To: Mike Polehna; Larry Odebrecht; Ted Kozlowski Cc: Ryan Collins; David Junker; Stillwater Subject: 5.3.22 CC Meeting, STHR Discussion [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Mayor Kozlowski, Councilmembers Odebrecht, Polehna (cc: Councilmembers Collins and Dunker): I sent the attached note to stillwaterPci.stillwater.mn.us in advance of an earlier STHR discussion. During yesterday's council meeting mayor Kozlowski and councilmembers Polehna and Odebrecht all noted that they had heard no complaints re: STHRs, and while I'm not sure if what I sent on March 1st was a complaint it did occur to me that my note might not have been seen by the mayor or several members of the council. Re -submitted for your consideration. Thank you all for your time. Jon Van Zee, 308 William St. N. From: Jonathan Van Zee < > Sent: Tuesday, March 1, 2022 2:52 PM To: CITY OF STILLWATER<stillwater9ci.stillwater.mn.us> Subject: 3.1.22 CC Meeting, STHR Discussion Mayor Kozlowski and Members of the Council, I have a few questions and a few comments for today's STHR discussion. • The discussion memo refers to "improving the customer experience". Could the city please define the customer? Is it the applicant? Is it STHR renter? • Staff recommends consolidating the four current STHR categories into two. Is the intent to simplify the process for applicants, to relax standards, or both? Folding Type A into the Type B category could simplify the process —folding Type B into Type A would also relax standards. • Will non -licensees be invited to join the proposed STHR forum/meeting? Holding a forum about STHRs and inviting only STHR license holders seems akin to holding a forum about motorcycle noise and inviting only motorcycle riders. Not long after we bought our current North Hill home, we were informed that the neighbors directly to our north were moving out-of-state and converting their Stillwater residence to an STHR. Although we enjoyed a close relationship with these neighbors, we did not learn this news from them — and in reviewing STHR applications, it appears that neighbors seldom learn about STHR plans from the applicants. That STHR applicants may be loath to inform their neighbors of their plans says something, I think, about what STHRs mean to a block, a neighborhood, a community. This house operated as an STHR for several months. It was not uncommon for the house to turn over several times a week. We currently have eleven full-time neighbors on our block, and we know them all. When the STHR was operating we would have dozens of new neighbors (and as many as sixty-three) every week. Every one of those "new neighbors" was new to the area, often new to the rental cars they were driving, and always "on vacation". Complaining about noise, smoke, late weekday hours, trash, etc. would only create conflict with the STHR licensee, whose purchase of their new house (we were given to understand) was predicated on the rental income their STHR would generate — and the (typically overnight -only) renters had no accountability to a neighborhood they were unlikely to visit twice. I've lived next to bars — we could request that staff not, say, dump bottles after closing — and our requests would be respected. No such opportunity existed with the STHR. Per the January 26th meeting of the Planning Commission the city has not denied any STHR applications brought before the planning commission, on the basis of neighbor/community opposition or any other criterion (meeting video, ca. 38 minutes in). Under what circumstances would an application be denied? What opportunities do neighbors have? Much of Stillwater's housing (most of the Third and Fourth wards, by my reckoning) is regulated by HOAs, and I know that many HOAs expressly prohibit STHRs. I respectfully request that the mayor and the council consider the concerns of those most affected by STHRs when considering changes. Thank you for your time. Jon Van Zee, 308 William St. N. Washington County FYI BOARD AGENDA June 7, 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 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 administrationnco.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 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public 3. 9:10 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 fill 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. 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 items) for discussion and/or separate action, A. Approval of the May 10, 2022, County Board meeting minutes. B. Approval of contracts with Phoenix Alternatives (Contract No. 14807), Opportunity Services, Inc. (Contract No. 14806), and Midwest Special Services, Inc. (Contract No. 14805), to provide Day Support Services, formally known as Day Training & Habilitation, and other related services for persons with disabilities for the period of May 1, 2022, through December 31, 2023. C. Approve permanent use of fund balance in the amount of $45,000 from Library Fund 230 to be used for strategic planning for the Library. D. Approve the Lower St. Croix Partnership's Annual Work Plan. E. Approval to increase a 0.34 full-time equivalent (FTE) Special Project Office Specialist position to 0.75 FTE in the Department of Public Health & Environment. 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 F. Approval of Cooperative Agreement No. 14823 with the South Washington Watershed District for stewardship activities within and outside of the overflow conveyance system in Cottage Grove Ravine Regional Park. G. Adopt a resolution to enter into a Metropolitan Council Grant Agreement SG-22P1-10-01 reimbursing the Land and Water Legacy Program for 75% of the cost to purchase two parcels located near the intersection of 170th Street (County Highway 4) and Manning Trail North (County Highway 15) in May Township, Minnesota, for inclusion into Big Marine Park Reserve; to enter into declaration together with agreement and restrictive covenant with the Metropolitan Council. H. Approve Contract Amendment No. 2 to increase the not to exceed value of Contract No. 12950 to $125,000 for professional water resources consulting services. I. Approve Agreement No. 14856 for medical examiner services with Ramsey County. 4. 9:10 Washington County Community Development Agency - Karly Schoeman, CDA Deputy Executive Director A. Approval of the 2022 Annual Action Plan for Submission to the U.S. Department of Housing and Urban Development. 5. 9:30 Library - Amy Stenftenagel, Director A. Adopt a resolution to proclaim June 1 to August 20, 2022, as Summer at Your Library. 6. 9:40 Public Works - Eden Rogers, Engineer I A. 1. Award the bid to and authorize execution of Contract No. 14842 in the amount of $719,979 with Septic Check for the Lake Elmo Park Reserve Modern Campground Septic Improvement Project. 2. Approve permanent use of fund balance in an amount not to exceed $121,200 from the Parks Operating Fund 211. 10:00 General Administration - Amanda Hollis, Senior Planner (item A) - Kevin Corbid, County Administrator (item B) - Jan Lucke, Deputy County Administrator (item C) A. Adopt a resolution for the State Standard Measures Program and authorize the County Administrator to file declaration to participate with the Office of the State Auditor. B. Consideration of appointment to fill vacancy in the Office of County Attorney. C. 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. 11:00 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to Ihefull 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. 11:15 Executive (Closed) Session - Public Works A. Executive (closed) session pursuant to Minn. Stat. § 13D.05 subd. 3(c), to review the appraisal of the property located at PID 27.027.21.11.0001 in regards to the potential purchase for inclusion into Cottage Grove Ravine Regional Park. 11. 12:00 Adjourn 12. 12:00-12:15 Break 13. 12:15 Board Workshop with Property Records and Taxpayer Services - Bruce Munneke, County Assessor A. Review assessment year 2022 local appeals and adjustments in preparation for the County Board of Appeal and Equalization meeting. 14. 1:00 Board Workshop with Administration - Holly Hess, Administrative Assistant A. Boards and Commissions Review 15. 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 Washington -vCownty BOARD AGENDA May 24, 2022 - 9:00 AM Board of Commissioners Fran Miran, 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 62"d 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. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a conmtent 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 11 is not relevant to an issue that is port of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the April 26, 2022, and May 3, 2022, County Board meeting minutes. B. Adopt a resolution for Joint Powers Agreement No. 14828 between the State of Minnesota, Department of Corrections -Facilities Division, and Washington County, by and through the Washington County Attorney's Office, for reimbursement of expenses related to state correctional facilities for the period of July 1, 2022, through June 30, 2023. C. Approve a grant application for the Evidence Based Opioid Epidemic Response Services grant from the Minnesota Department of Human Services in the amount up to $350,000. D. Approval of an application for a 1-4 day Temporary On -Sale Liquor License from Hesley Jensen American Legion Post 491 for the Yellow Ribbon Randy Kopesky Field of Bands Event at the Washington County Fairgrounds on September 17, 2022. E. Approve Grant Agreement No. 210892 with the Office of the Minnesota Secretary of State in the amount of $139,992.80 with a 50% match for the Voting Equipment Grant (VEGA-3). 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 -vCounty Consent Calendar continued F. Adopt a resolution to participate in the Minnesota Department of Natural Resources (DNR) Snowmobile Trails Grant in Aid Assistance Program, and for staff to administer the grant for the Star Trail Association. G. Adopt a resolution authorizing application submittal to request funding from the Minnesota Department of Transportation (MnDOT) through the 2024 Metro Local Partnership Program. H. 1. Approval of Cooperative Construction Cost Agreement No. 14797 with the City of Woodbury for landscaping of County State Aid Highways 18 and 19. 2. Approval of Cooperative Construction Cost Agreement No. 14798 with the City of Woodbury for landscaping of County State Aid Highway 19. 3. Approval of Amendment No. 1 of Cooperative Agreement No. 13188 with the City of Woodbury for maintenance of County State Aid Highway 18. 4. Approval of Amendment No. 1 of Cooperative Agreement No. 13175 with the City of Woodbury for maintenance of County State Aid Highway 19. 5. Approval of Amendment No. 1 of Cooperative Agreement No. 14027 with the City of Woodbury for maintenance of County State Aid Highway 19. I. Approve Joint Powers Agreement No. 14803 with the State of Minnesota for the Washington County's Sheriffs Office to participate in the Minnesota Financial Crimes Task Force. J. Adopt a resolution and approve Grant Agreement No. 14801 between the Office of National Drug Control Policy and Washington County, in the amount of $141,000 for the period of performance from January 1, 2022, through December 31, 2023. 4. 9:10 Community Services - Rick Roy, Division Manager (item 4A-1) - Ryan Carufel, Veterans Service Officer (item 4A-2) A. 1. Adopt a resolution to reappoint Ryan Carufel as the Washington County Veterans Service Officer, for a four-year term effective June 3, 2022. 2. Veterans Services Update 5. 9:25 Public Works - Ryan Hoefs, Engineer II (item 5A) - Erin Clarkowski, Engineer II (item 5B) - Mitch Bartell, Engineer II (item 5C) 9:25 A. Approve Contract No. 14773 with SRF Consulting, Inc. in the amount of $459,003 for the County State Aid Highway (CSAH) 32 (11th Avenue Southwest) Pedestrian and Safety Improvement Project. 9:40 B. Approve Contract No. 14767 with Kimley-Horn in the amount of $182,925 for the County State Aid Highway (CSAH) 28 at Trunk Highway (TH) 95 Improvements Project. 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 Public Works continued - Mitch Bartelt, Engineer II (item 5C) 9:55 C. 1. Approval of Cooperative Construction Cost Agreement No. 14636 with the City of Oakdale for construction of County State Aid Highway 14. 2. Adopt a resolution and authorize execution of Agreement No. 1047190 for construction and long-term maintenance responsibilities as a result of the County State Aid Highway (CSAH) 14 & Interstate 694 Signal Replacement and Trail Construction project (RB-2670) in the City of Oakdale. 6. 10:15 General Administration - Jan Lucke, Deputy County Administrator (item 6A) - June Mathiowetz, Senior Planner (items 6B and 6C) 10:15 A. Legislative Update 10:45 B. Adopt a resolution to approve an option to purchase agreement and financial contribution to acquire an approximately 69-acre conservation easement in the Keystone Woods (Haas) in Hugo through the county's Land and Water Legacy Program. 11:05 C. Adopt a resolution to approve a County Land and Water Legacy conservation easement, purchase agreement, state grant agreement and contribution to acquire an approximately 18-acre conservation easement on a Belwin Conservancy (Blasko) Valley Creek property in Afton. 7. 11:25 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this lime, Any action necessary because of discussion will be scheduled for a future board meeting. 8. 11:40 Board Correspondence 9. 11:40 Adjourn 10. 11:40 Break 11. 11:55 Board Workshop with Public Works - Eden Rogers and Alex McKinney A. Review the progress on the design of the Historic Courthouse Exterior improvement project and review the new Mission and Vision Statement of the Historic Courthouse. 12. 12:25 Finance Committee 13. 12:50 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 April 28, 2022 STILLWATER TOWN BOARD MEETING Township Hall - *Hybrid 7:00 P.M. PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Tim Sinclair, Robert Geisen, Rod Hunter and Mike McMahon (via Zoom). Clerk Barbara Riehle, Community Service Officer Mark Caroon and Planner Evan Monson. PUBLIC MEETING 1. AGENDA - M/S/P Geisen/Sinclair moved to adopt the agenda as written. (5 ayes) Chairperson Sheila -Marie Untiedt opened the public meeting to discuss the continuation of the Annual Operating Permit (AOP) application request from Miller Excavating/Mike Raleigh mining pit. 2. PLANNER - Evan Monson was present and gave an overview of the discussion continuation. Each year, the Township reviews the application request and operations data from the prior year at 15250 100th Street North. In 2020, the Town Board approved mine operations with an Interim Use Permit (IUP), which covers a 5-year operating period; and Washington County approved the renewal of the Conditional Use Permit (CUP) which is also a 5-year operating period. The Township's Mining Ordinance specifies that mining operations must have a valid IUP and Annual Operating Permit (AOP) to operate in the Township. The permit requirements are governed by the Township's Mining Ordinance #156. Two parcels; "North Pit" and "South Pit" are zoned within the Aggregate Mining Overlay District. At the meeting last month on 3/24/22, Town Board Supervisors identified the need for the following information and were assigned to report the findings: 1. Grandfather status of the North pit - Supervisor Sheila -Marie Untiedt reported that she spoke with Township Attorney Soren Mattick who does not agree with the conclusion from resident Mitch Reiners. Mr. Reiners spoke on what Washington County says. The County says it is an Agriculture (zoned Ag A-4) permitted use and is not Grandfathered. The permit holder back in the late 1960's was within conforming use. The land use has not been prohibited and there is no reason to be Grandfathered. They can continue to operate but not just under guidelines but rather under permit conditions they need to comply with. Mr. Reiners recommends the Township regulates properly and have Attorney Mattick work with the County. Mr. Reiners has spoken with Washington County Planner, Kurt Howard and copied to Gary Kriesel. Mr. Reiner's is looking for confirmation from both Washington County and the Township between the North and South Pits. The goal is not to shut down the operation, instead the goal is the understanding that they are a permitted Stillwater Town Board Mtg. — 042822 Page 2 conforming use and they need to comply with permits and the mining regulations, ordinances with the County and the Township. Q: Why is the South Pit Grandfathered? A: The South Pit is in the Riverbank and granted an easement from the NPS so they can control the operations according to the easement. The North Pit does not have an easement but is a permitted use based on the CUP use conditions according to Planner Howard. Mike Raleigh was present and explained that the North Pit has been operating before there were permits. They have applied for permits. In 1970, there were no conditions to run a gravel pit and haul dirt. Mr. Raleigh stated that they are in compliance with all the conditions in the CUP with the County. In 1987 the two parcels were separated. Mr. Reiner's believes when Miller came in, it has been out of control and needs to be regulated. Supervisor Untiedt explained that in the AOP the only guideline is the "trip counts". Resident Bruce Leasure suggested to clean up the language in the permit regarding the word "guidelines". He suggested collecting measurable data from year to year or create a "good neighbor" section to include that guideline. Supervisor Hunter gave historical reasoning why the "guideline" was installed. Mr. Reiners suggested a by volume measurement would be a way to measure. i.e.; reclamation. Mr. Raleigh stated from the permit, 18,000 yards is recycle/reuse material (blacktop/concrete) and there is no limit on the fill. Mr. Leasure had concerns about limiting the reclamation of the pit. Planner Monson confirmed that the County CUP limits the volume of material removed for the South Pit and shows no limits on reclamation. 2. Evaluation of eliminating recycling- Supervisor Robert Geisen reported. A chart was shown. He explained that right now, 100% of the business includes recycling. If we were to reduce recycling, we would be reducing their business. The assumption is that we would be reducing the truck traffic. Instead, if the township took that away, we would need to have a basis or we would be open to potential litigation. Supervisor Geisen asked resident Mitch Reiner's "what rules are they breaking?" Mr. Reiner's stated that all the permits are enforceable. He would like the following looked into: • Setback requirements (north/east) Stillwater Town Board Mtg. — 042822 • Encroachment • Depth of excavation • Land disturbances - 50-foot Right-of-way (ROW) Page 3 Supervisor Untiedt asked for a list of violations from Mr. Reiner's in writing. Mr. Raleigh says the GIS mapping shows the shielding berm of top soil and is a temporary stock pile which is 10-15 feet from the property line. A licensed surveyor comes every year. 3. Option of limiting access to mine on Township roads leading to the pit - Supervisor Sheila -Marie Untiedt reported that we cannot regulate travel on public roads. 4. MN Association of Townships (MAT) consulted - Supervisor Sheila -Marie Untiedt reported that she consulted with Steve Fenske who says you can limit traffic by putting on weight restrictions. To do that "weigh stations" would have to be set up and staffed in order to enforce. Mike Raleigh reported that when the road was put in the front pit back in the 1980's, a bond was required at that time for maintenance of that road. They still have that bond. There is question as to whether or not the back road is a public road and has been maintained until the 1990's. Mr. Raleigh stated they pay the gravel tax which went to paid that, approximately $20,000 each year, which is the Township portion. Treasurer Marsha Olson confirmed that number by memory $17,000-$18,000. Mr. Raleigh also stated the roads were upgraded to a 10-ton standard. 5. Explore random testing of recycled materials - Supervisor Mike McMahon reported about requiring independent testing. Mr. Raleigh bought the unit (an infrared, blue light PID tester) which they recently purchased. They have used for about a month now. At last meeting it was brought up that there was an engineering report that MPCA requires regarding their clay liner and how it's designed. Supervisor McMahon has asked to see this report. Steve St. Claire said the report from Sunde Engineering is not finished but will provide the report to the Town Board when complete by the next meeting. Mr. McMahon would like to see the historical data on this; he believes this is a requirement from MPCA for the ordinance and yet they have not been able to produce the information. Mr. McMahon would like the current standards to be met and produce documentation by Miller/Raleigh that shows it meets standards and that they are in compliance. This information will be shared with Town Board Supervisors prior to their next meeting. 6. Watershed review timing and possible increase frequency (currently on 5-year schedule) - Supervisor Tim Sinclair reported. Stillwater Town Board Mtg. — 042822 Page 4 He started by speaking with Brian Lee with Washington County Environmental Services who then sent him to Jay Riggs, Manager; with the Washington Conservation District. Mr. Riggs then forwarded Mr. Sinclair to Mike Isensee who is the Administrator with Carnelian Marine St. Croix Watershed District (CMSCWD). Mr. Isensee stated via email, which was read aloud for record; "There is currently not a valid watershed permit for this mine. In 2018, the district was reengaged by the Township/County during their 5-year approval process. Despite requests, there are still multiple outstanding items needed prior to issuance of the 2018 watershed permit." He attached documentation and engineer reports in his email which show a long-standing and ongoing issue. Mr. Isensee has submitted an inquiry to engineering with regards to the district's rules related to potential groundwater concerns and will provide a response upon learning that information. Mr. Sinclair proceeded with a 5-page report from the CMSCWD Permit Application Number 18-009 which shows several condition violations. Enforcement is an issue as well; the Washington County Planning Advisory Commission has authority of the time and frequency of the testing of the groundwater and run-off. In addition, Mr. Isensee urges to withhold its permit renewal until the 2018 watershed permit is issued. Mr. Raleigh and Mr. St. Claire believe they have communicated and there is miscommunication overall. Mr. Raleigh stated he has several emails that would show their communication. 7. Tarps/covers for trucks - Steve St. Claire reported that all trucks have them installed. When Supervisor McMahon questioned about truck #18 not having a tarp just yesterday, Mr. St. Clair reported that they have the arms on but not all tarps are on. They push for secure loads for sand/gravel. Resident Diane Polasik asked whether tarps are only for sand/gravel, what about big rocks? Steve St. Claire answered that tarps are for light material blow off but that through DOT recommendation to have 6-inches on the side. Another resident asked why at 7:10am, three fully loaded trucks were traveling up Hwy 96 so early? Steve St. Claire stated that it was not their job but rather another contractor on a different job. Resident Mitch Reiner's asked if tracking has been addressed? Steve St. Claire stated that they are installed in both pits. The follow-up items are listed below: 1. Watershed permitting - Steve St. Claire/Washington County 2. Kurt Howard at Washington County re: Grandfather status - Sheila -Marie Untiedt. 3. Clay liner current status - Steve St. Claire 4. Depth of excavation, land disturbances, setback Stillwater Town Board Mtg. — 042822 Page 5 M/S/P McMahon/Sinclair moved to table the discussion for the AOP Permitting. Further discussion on this topic will be at the May 19, 2022 Town Board meeting at 7PM. (5 ayes) The regular meeting was closed and Supervisors will move into closed session for employment review. CLOSED MEETING Clerk Riehle and Township Supervisors conducted employment performance review for CSO Mark Caroon. Township Supervisors asked how the position is going. The Supervisors are satisfied with performance. There are still training opportunities. Clerk Riehle will continue to work together with Mr. Caroon on simplifying duties/tasks. 4. ADJORNMENT - M/S/P Geisen/Sinclair moved to adjourn the meeting. The meeting was adjourned at 9:00 P.M. (5 ayes) Clerk Chairperson Approved