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2022-07-05 CC Agenda Packet
SUlIwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING July 5, 2022 REGULAR MEETING I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. CBD and Cannabis Ordinance IV. STAFF REPORTS 2. Public Works Director 3. Police Chief 4. Fire Chief 5. Finance Director 6. Community Development Director 7. City Clerk 8. City Attorney 9. City Administrator 10. IT Manager 11. Library Director V. RECESS 4:30 P.M. RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 12. Proclamation — Stillwater Area High School Synchronized Swimming 13. Proclamation — Stillwater Area High School Baseball 14. Comprehensive Financial Report Audit Review — Chris Knopik, CliftonLarsonAllen X. OPEN FORUM — open forum allows the public to address Council on subjects which are not part of the meeting. Council may act, 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. 15. June 21, 2022 regular meeting minutes 16. Payment of Bills 17. Appointments of Election Judge for 2022 Primary Election — Resolution 18. Cintas Uniform Rental Agreement 19. New Intoxicating Liquor License with Sunday Sales for Howard's Bar Inc. — Resolution 20. River Siren Brewing Co. Event Permit for Bands of the Brave 21. River Siren Brewing Co. Event Permit for Octoberfest 22. River Siren Brewing Co. Liquor License Temporary Premise Extension — Resolution 23. Temporary Liquor License for St. Mary's Wild Rice Festival 24. Temporary and Permanent Easement - 1524 Olive Street 25. Tricia and The Toonies Performance Agreement XII. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes or less. 26. Case 2022-41 to consider a Preliminary Plat application to consolidate six existing lots into three proposed new lots and a Conditional Use Permit for a drive -through coffee business. Property is located at 2001 Washington Avenue. Notices mailed to affected property owners and published in the Stillwater Gazette on June 9th, 2022 — Resolution 27. Case 2022-43 to consider amending the performance standards for the non-residential zoning districts to establish outdoor seating as an interim use with applicable standards. Published in the Stillwater Gazette on June 9th, 2022 — Ordinance 1st Reading XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 28. Catalytic Converter Ordinance — Ordinance 1st Reading 29. Massage Therapy License Ordinance — Ordinance 1st Reading 30. Parking Services Contract with Passport Inc 31. Third Party Gift Card Procurement — Ordinance 1st Reading 32.Water Seasonal Rate Adjustment for Commercial Properties — Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2of2 City Council Meeting Agenda July 5, 2022 1 Nancy Manos From:Tim Gladhill Sent:Tuesday, July 5, 2022 6:32 PM To:Beth Wolf; Nancy Manos Subject:FW: Stillwater Proposed Massage License FYI - this public comment was received re: Massage Therapy License and was forwarded to the City Council. Tim Gladhill City of Stillwater Community Development Director tgladhill@ci.stillwater.mn.us www.ci.stillwater.mn.us https://www.facebook.com/StillwaterMinnesota P: 651-430-8821 Schedule a Meeting: calendly.com/tgladhill -----Original Message----- From: Heidi Rosebud Sent: Tuesday, July 5, 2022 2:26 PM To: Tim Gladhill <tgladhill@ci.stillwater.mn.us> Subject: Re: Stillwater Proposed Massage License [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. _______________________________________________________________________________ On 2022-07-05 13:26, Tim Gladhill wrote: Hello Tim Gladhill and cc: Austin Peterson cc: Kori Land cc: Council Members First of all thank you for taking the time to create an ordinance for Massage Therapy for the City of Stillwater. I was the Administrator of the Ordinance for Massage Therapists in Cottage Grove some 20 years back which they did a criminal background check on me as well a finger prints, photo and profile as part of the ordinance. My job as part of the ordinance was to administer to new license holders a written and practical test for all new license applications in Cottage Grove. Unfortunately, I did not have anyone apply while I was there. Thank you Tim for the email outlining some of the questions I have with your draft on the new massage parlor ordinance: 2 1. I know when we talked it is not going to be called a massage parlor ordinance but a Massage Therapy License or Massage Establishment License: Just confirming that is correct? 2. Number of licenses? How many? The draft is blank. Our establashment has 18 Massage Therapists, a Massage Therapist typically works 24-28 hours a week, license is only good for 1 year? 3. How much are licensing fees for the Establishment and Massage Therapists? I understand fees if the city is doing back round checks however we do have other licensing fees we pay as well such as Board of Cosmetology license fees, Washington County license fees, short term rental license fees, as well as many more annual license fees and inspection fees. 4. Will there be notifications provided to impacted businesses? 5. Hours of operation, our establishment does fall into the outline of hours of operations in the draft but I am not sure on other businesses? 6. Liability Insurance, in the draft it states $1,000,000 for general liability. Board of Cosmetology is $25,000/$50,000 per occurance. Best Regards, Heidi Rosebud > Heidi: > > Thank you for taking the time today to discuss this new ordinance. I > am also copying Investigator Peterson on this email. A reminder to > send me an email if you would like to forward any comments for the > record as the Council considers this ordinance. I would encourage you > to submit any comments by 3:00 today in order for the Council to > receive in time to review before the meeting. Below are some responses > to your initial questions. > > Will there be notifications provided to impacted businesses? > > This current step does not require a Public Hearing, but a future step > to finalize the process that amends the Zoning Code will include a > Public Hearing. > > What will be the fee for Establishment License and Therapist License? > > We have not made a final determination. That will be forwarded to the > final reading of the ordinance. > > How long are the Therapist Licenses good for? > > 1 Year > 3 > What does the liability insurance requirement cover? > > This should be standard liability insurance coverage. > > Why does the ordinance have a restriction on hours of operation? > > This is a policy point that can be discussed, but is not unusual to > limit hours of operation in order to achieve the stated purpose of the > ordinance and to protect the health, safety and welfare of our > community. > > Please let me know if you have any questions. > > Sincerely, > > Tim Gladhill > > City of Stillwater > > Community Development Director > > tgladhill@ci.stillwater.mn.us > > www.ci.stillwater.mn.us [1] > > https://www.facebook.com/StillwaterMinnesota [2] > > P: 651-430-8821 > > Schedule a Meeting: calendly.com/tgladhill [3] > > > > Links: > ------ > [1] http://www.ci.stillwater.mn.us/ > [2] https://www.facebook.com/StillwaterMinnesota > [3] http://bay.acenet.us/calendly.com/tgladhill -- Please visit our website for directions, parking instructions, where to enter the building and other frequently asked questions. Yours In Good Health, Heidi Just For Me Spa & Salon 110 S Greeley Street | Stillwater, MN 55082 651-439-4662 | justformespa.com iliwater THE BIRTHPLACE OF MINNESOTA DATE: July 5, 2022 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: The CBD products, medical marijuana and hemp growing ordinance BACKGROUND In 2014, Minnesota passed the THC Therapeutic Research Act ("Act"), legalizing medical marijuana. That same year, the federal government passed the 2014 federal farm bill, allowing the growing of hemp containing less than .3 percent THC. In 2019, Minnesota authorized the sale of CBD products containing less than .3 percent THC. Most recently, the legislature passed new regulations and restrictions surrounding the sale of CBD products that will go into effect on August 1. The city does not yet have any ordinances regulating cannabis uses, so we are proposing certain zoning regulations to appropriately place these types of uses with public health, safety and welfare performance standards. The proposed zoning ordinance attempts to accomplish the following: • Determine which cannabis uses should be allowed and then place them in an appropriate zoning district • Determine which cannabis uses should be prohibited • Define performance standards for the allowed cannabis uses To that end, the proposed ordinance defines cannabis -related uses and allows the following uses in specific zoning districts: Medical distribution facility in the BP-C, BP-0 and BP -I with an Interim Use Permit (IUP) Medical Tabs in the BP -I with an IUP Hemp Growing Operations in the Ag as a permitted use Distribution facilities and labs would be allowed with a maximum 3-year IUP, they must have a security plan and comply with distance requirements from schools and residential districts. Hemp growing operations require a minimum of 200 contiguous acres, they must have a state license to grow hemp and they cannot sell CBD products on site. CBD products, under the new law, effective 7/1/22, cannot be sold to anyone under 21. There are packaging and labeling requirements under the new law so the packaging cannot be kid -friendly or look like a product sold to kids or look like an existing food product. The packaging must be child -resistant and tamper -evident. Each product can have no more than 5 mg of THC per serving and have no more than 50 mg of TCH per package. (for example, if 8 edible CBD gummies = 1 serving, then each package can contain no more than 80 gummies) Prohibited Uses Medical marijuana manufacturing and hemp manufacturing are prohibited within the city as those uses tend to produce nuisance -related issues. We are also identifying that it is illegal to sell any CBD product that contains more than .3% THC. While this prohibition on intoxicating CBD products is state law today, in the event the legislature permits recreational marijuana, the city's specific identification of the prohibition would allow the city time to study whether they want to allow the sale of recreational marijuana within its borders and where such use would be allowed. It would continue to be illegal until the city adopted different regulations. RECOMMENDATION Discuss the ordinance, paying particular attention to the zoning districts and decide if the sale of CBD products should be placed in any particular zoning districts. Without regulations, they are allowed anywhere. ACTION REQUESTED FOR DISCUSSION ONLY ORDINANCE AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101, SECTION 31-325, SECTION 31-315, REGARDING MEDICAL CANNABIS, CANNABIDIOL (CBD) PRODUCTS AND HEMP GROWING AND SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES 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 products. Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug. Hemp or Industrial Hemp means the definition for same provided under Minn. Stat. § 18K.02 subd. 3, as may be amended. 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 maybe amended. SECTION 2. AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Retail, is hereby amended as follows: 1 ALLOWAB LE USES ZONING DISTRICTS C A CB D V C BP -C BP -O BP -I CR D P A PWF D PRO S HM U N C IRetail Medical Cannabis Distribution Facility IU P IU P IU P SECTION 3. AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Laboratories, is hereby amended as follows: ALLOWAB LE USES — ZONING DISTRICTS CA CB DCC V BP- BP- 0 BP- I C RAD D P PWF PR OS HM U N C Laboratories Medical Cannabis Laboratories IUP SECTION 4. AMENDMENT. Chapter 31, Article III, Division 3, Section 31-315 of the City Code, Allowable Uses in Residential Districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS A- P LR CTR RA TR CCR RB CR TH CTHR RCL RCM RR HMU16 Growing of Industrial Hemp P SECTION 5. ENACTMENT. Chapter 31, Article V, Division 2, Section 31-514.1 is hereby added as follows: Section 31-514.1 Cannabis -Related Uses Subd. 1. Medical Cannabis Distribution Facilities shall comply 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 facilities in relation to a public or private school provided for under Minn. Stat. § 152.29, as may be amended, are incorporated herein. A facility shall not be closer than 200 feet of a zoning district that allows single family, two-family, townhomes, or multi -family dwellings; (d) All facilities shall be setback from all property lines a minimum of 25 feet; (e) Facilities are prohibited from operating drive-thrus; (f) No exterior storage shall be allowed Subd. 2. Medical cannabis laboratories shall comply 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 laboratory shall be setback from all property lines a minimum of 25 feet; (d) No exterior storage shall be allowed. Subd. 3. Growing of industrial hemp shall comply with the following performance standards: (a) A minimum of 200 contiguous acres is required for the hemp growing operation; (b) The hemp grower must be licensed by the State pursuant to Minn. Stat. Ch. 18K; (c) The sale of CBD products is not permitted on the same property as the hemp growing operation. 3 Subd. 4. CBD products and edible CBD products, may be sold for human or animal consumption only if all of the requirements of Minn. Stat. § 151.72 subd. 3, or as maybe amended, are met, which include: (a) No CBD product may contain more than .3 percent of any tetrahydrocannabinol. (b) No edible CBD product can contain an amount of any tetrahydrocannabinol that exceeds 5 mg per serving or 50 mg per package. (c) No CBD product or edible CBD product may be sold to anyone under the age of 21. In addition, the following requirements shall be followed: i. No one under 21 shall be allowed to enter an exclusive CBD business (more than 50% of its sales are derived from CBD products). In all other businesses that sell CBD products, all CBD products shall 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. ii. Any person selling or distributing licensed products shall require proof of age from the prospective purchaser showing recipient is 21 years old or older. iii. Notice of the legal sales age and the age verification requirement shall be posted at each location where CBD products are offered for sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. (d) CBD products must comply with the testing requirements in Minn. Stat. § 151.72 subd. 4, or as may be amended. (e) CBD products must comply with the labeling and packaging requirements of Minn. Stat. § 151.72 subd. 5 and 5a or as maybe amended. Subd. 5. The following cannabis uses are prohibited within the city: (a) CBD products that contain more than 3 percent tetrahydrocannabinol (THC). (b) Medical cannabis manufacturing. (c) Hemp manufacturing. SECTION 6. 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: 4 The ordinance regulates CBD products, medical cannabis and industrial hemp growing operations within the City of Stillwater, prohibiting the sale of CBD products that contain more than .3 percent tetrahydrocannabinol (THC), as well as medical cannabis manufacturing and hemp manufacturing. Medical cannabis distribution sites and labs will be limited to the properties within the Business Park. Industrial hemp growing operations require 200 contiguous acres to operate and cannot sell CBD products on site. The sale of CBD products must comply with the new state law prohibiting sale to anyone under 21 years old, as well as packaging and labeling requirements. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2022. Publish: Stillwater Gazette — Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 5 Cite of titttuater, fninne5ota Aociamation WHEREAS, Stillwater .Area High, School Girls Synchronized Swimming Team won the 2022 Minnesota State High School-4A East Section Championship TitCe May 27, 2022 at the "University of Minnesota, the 2ndyear in a row since 2003; and WHEREAS, the reigning State Champion Ponies quaCifled2o of its 23 sections entries for the state meet, placed all2o routines, and won the meet z80 - go over "Wayzata. ist through 3rd Places are: • Long SoCo: 3faiCey Schmit - ist PCace • Short SoCo: .4ndefyn Filandrinos - ist PCace • Long Duet: Isana Downin & Megan Johnson - 1st Place • Short Duet: .4ndelyn Filandrinos & Gabby Lalande - ist Place • Short Trio: Kayla Crooks, Gabby Lalande, Rhio Fay - ist Place • Long beam: CGabbi Chau, Emily Dicks, .Andelyn Filandrinos, .ova Fox, 3Caelynn Grecian, Lauren Guinee, Elaina Lokken, 3-Canna "Wiese - 1st Place • Short Team: Cyra BrazzeCT 3Cay1a Crooks, Rhio Fay, Audrey Funk, ,ilex Kruse, Gabby Lalande, Olivia Nelson - ist PCace • Extended Duet: 3failey & Paige Schmit - ist PCace; Leigha Xraft & Luci Miller - 3rd PCace • Extended?rio: Bella Chau, Leigha Xraft, Luci Miller - ist Place; Sophia Chau, Annie Critters, Paige Schmit - 3rd PCace • Extendedteam: Bella & Sophia Chau, Annie Critters, Leigha Xraft, Luci Miller, Halley & Paige Schmit, Julianna Silva - ist Place; Isana Downing, Xate Jentink, Megan Johnson, Maylin 3Cennedy, Ellie 3Cill Chloe Xnuteson, Olivia Xuslich, Sierra Penning - 3rd Place • Long Trio: 3Caelynn Grecian, Effie Will, Elaina Lokken - 2nd PCace • Extended Solo: Julianna Silva - 2nd Place NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim July 6, 2022 - Stillwater Area High School Girls Synchronized Swimming Team Day in the City of Stillwater andencourage the citizens of Stillwater to congratulate the team on their accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seaCof the City of Stillwater to be affixed this 5th day of July, 2022. .Mayor City of 'ttttivater, flilinne5ota JtecPantaticut WHEREAS, Stillwater .area High School Boys Baseball /Team are SEC Conference 4. 4 State Champions for the 3rd time, beating toy - seeded Farmington 8-1; and WHEREAS, the Stillwater Baseball beam started the season with what they believe was food_poisoning; and ended the season with a final record (23-4); and WHEREAS, the Baseball Team also took the Suburban East Conference title and the Section 4.A title, as well as breaking numerous individual and team school records. NOW, THEREFORE, I, 'Ted .Kozlowski by virtue of the authority vestedin me as Mayor of the City of Stillwater, do herebyyroclaim July 7, 2022 — Stillwater Area High School Boys Baseball Team Day in the City of Stillwater and encourage the citizens of Stillwater to congratulate the team on their accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 5th day of July, 2022. .layor CITY OF STILLWATER ..1‘ 2021 Audit and Financial Results AuditoF' Communications with Governance • Auditor Responsibilities under Generally Accepted Auditing Standards • Accounting Policies -None for 2021 • Accounting Estimates -Depreciation, Actuarially Estimated OPEB Liability, Values of Investments, & Net Pension Asset/Liability - Noted to be Reasonable • Difficulties in Performing Audit - NONE Misstatements/Corrections - NONE • Uncorrected Misstatements - NONE • Disagreements with Management - NONE Supplementary/statistical -auditor responsibility len- Audit Results o AUDITOR OPINION ON FINANCIAL STATEMENTS - CLEAN. (FINANCIAL STATEMENTS FOUND TO BE FAIRLY STATED IN ALL MATERIAL RESPECTS) o INTERNAL CONTROL ■ NONE o MINNESOTA LEGAL COMPLIANCE ■ 1 FINDING, DID NOT TRANSMIT PAYMENT WIHTIN 35 DAYS OF THE DATE OF RECEIPT. MN-471.425 o THIS IS A FAVORABLE AUDIT RESULT- CITY FINANCE DEPARTMENT SHOULD BE CfMMENDED Future Pronouncements o GASB No. 87 - Leases - Effective December 31, 2022 ■ Delayed by Issuance of GASB No. 95 o GASB No. 96 - Subscription Based Information Technology Arrangements -Effective December 31, 2023 i iovernmental Funds a General Fund -Days Operating Expenditures in Fund Balance It" 250 200 150 — 100 50 0 ■ ■ 1 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Actual s Goal General Fund -Revenues $14,000,000 $13,000,000 $12,000,000 $11,000,000 $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- • • .....• 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Other 240,326 183,339 264,272 298,076 229,570 127,714 129,864 708,563 149,147 191,306 Investment Income 30,391 (61,399) 90,738 18,808 (12,358) 12,130 37,294 66,981 64,476 (2,906) Fines and Forfeits 103,368 106,638 113,685 113,246 69,881 83,481 225,310 214,108 188,653 54,853 Charges for Services 837,178 759,439 787,642 720,557 956,514 970,743 966,656 970,760 1,152,523 1,223,402 Intergovernmental 696,504 734,997 1,128,575 1,222,423 1,281,586 1,294,425 1,424,999 1,502,025 2,341,655 1,348,317 Special Assessments 17,216 14,054 31,025 19,929 15,157 21,428 9,736 7,187 4,330 2,918 • Licenses and Permits 407,447 411,128 475,450 573,538 501,126 817,767 980,201 651,558 671,452 702,422 • Franchise Taxes 437,774 441,958 444,672 449,333 462,988 467,214 351,721 600,965 488,199 490,260 • Property Taxes $5,378,336 $5,670,526 $5,746,441 $5,871,051 $6,359,683 $6,867,774 $7,198,935 $7,549,277 $8,098,584 $8,789,772 Ak- General Fund -Expenditures 14,000,000 13,000,000 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 — 7,000,000 — 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 i J 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Capital Outlay 706,734 281,977 474,743 681,263 553,439 1,208,842 - - - - ■ Public Works 1,163,733 1,237,304 1,299,113 1,226,832 1,257,317 1,274,299 1,450,792 1,529,292 1,558,549 1,569,263 ■ Public Safety 4,108,351 4,311,922 4,585,179 4,726,341 5,045,005 5,191,090 5,619,297 6,034,667 6,271,386 6,597,301 ■ General Government 2,608,706 2,789,040 3,087,867 3,226,033 3,531,162 3,773,284 3,888,544 4,109,169 4,122,148 4,157,925 ■ General Government ■ Public Safety ■ Public Works ■ Capital Outlay 2021 Highlights -General Fund REVENUES 16 • Collection Rate of 99.58% for Property Taxes • Over budget by $539,860 o EXPENDITURES • Under budget by $159,952 • FUND BALANCE • Increased by $459,094 $2,500,000 $2,000,000 $1,500,000 $1,000,000 — $500,000 Sr Croix \/al[ey Recreation Center Fund 2012 2013 2014 2015 2016 2017 2018 2019 ■ Operating Revenues ■ Operating Expenditures (inc. Capital Outlay) 2020 2021 /1)71 1-ligliliqlits-St Croix Valley 1-?ecreation Center Fund o REVENUES • Charges for Services - $1,602,342 o EXPENDITURES • Operating - $1,415,126 • Contribution to debt service - $693,514 o FUND BALANCE • Decreased by $331,509 $1,400,000 $1,200,000 o- $1,000,000 $800,000 $600,000 $400,000 $200,000 ■ 1 L. Parks Fund Operating Revenues & Expenditures 111-1"11 II1L 1 1 I 1 I I 2013 2014 2015 2016 2017 2018 2019 2020 2021 • Property Taxes • Other Revenues Operating Expenditures (w/o Capital Outlay) • Capital Outlay 2021 Highlights -Parks Fund o REVENUES • Property Taxes - $1,058,844 • Other Revenues - $66,997 o EXPENDITURES • Operating - $1,128,421 • FUND BALANCE • Decreased by $94,477 Enterprise Funds 2021 $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 — $1,000,000 — $500,000 — Sanitary Sewer Fund 2012 2013 2014* 2015 2016 2017 2018* 2019 2020* 2021 • Operating Revenues • Operating Expenses • Total Net Position * Rate increase occurred during these years $800,000 $600,000 $400,000 $200,000 $0 -$200,000 -$400,000 -$600,000 -$800,000 -$1,000,000 Sanilary Sewer Fund Ca h Balance 2012 2013 2014* 2015 2016 2017 2018* 2019 2020* 2021 * Rate increase occurred during these years 800,000 700,000 600,000 500,000 400,000 — 300,000 — 200,000 — 100,000 — (100,000) (200,000) Storm Sewer Fund 2012 2013 2014 2015 2016 2017 2018 2019 2021 202 — Operating Revenues • Operating Expenses & Funding Transfers • Total Net Position $500,000 $400,000 $300,000 $200,000 $100,000 $(100,000) $(200,000) Signs & Lighting Fund 4•011& 2013 2014 2015 2016 201 201 201202 202 ■ Operating Revenues ■ Operating Expenses & Funding Transfers ■ Total Net Position $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 2011* Parking Fund 1 Ill i I- 11111 111111 IL I I 2012* 2013* 2014* 2015* 2016* 2017* 2018* 2019* 2020* ■ General Parking Revenues ■ Parking Ramp Revenues General Parking Expenses i Parking Ramp Expenses 2021* $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 PEB -Retiree/Active 2008 2011 2014 2107 2018 2019 2020 2021 Retirees ■ Actives $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 PEB -Direct/implicit 2011 2014 2017 2018 2019 2020 2021 Direct ■ Implicit Year Beginningianuary 1 and Ending December31 Implicit Subsidy Only Payments Subsidized Payments Total Projected Net Payments 2020 2021 2022 2023 2024 2025 - 2029 2030 - 2034 2035 - 2039 2040 - 2044 2045 - 2049 2050 - 2054 2055 - 2059 2060 - 2064 2065 - 2069 2070 - 2074 2075 - 2079 45,799 36,773 43,192 31,118 25,080 143,752 223,497 190, 304 188, 051 128, 684 61,832 44, 245 6,594 0 0 0 925,285 963,103 997,229 1,028,883 1,055,601 5,566,811 5,795,545 5,560,212 4,890,714 3,767,726 2,525,475 1,374,437 571,875 167,763 31,337 3,291 971,084 999,876 1,040,421 1,060,001 1,080,681 5,710,563 6,019,042 5,750,516 5,078,765 3,896,410 2,587,307 1,418,682 578,469 167,763 31,337 3,291 Board of Water Commissioners (Water Fund) $2,250,000 $2,000,000 $1,750,000 4 $1,500,000 $1,250,000 — $1,000,000 — $750,000 — $500,000 — $250,000 r • I r I I P.1 ME II I 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 • Operating Revenues • Operating Expenses 4111wa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 21, 2022 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 (via Zoom), Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Fire Chief Glaser Police Captain Bruchu Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Council Service Awards for Commission Members - Kimberly Pavek (Charter Commission) and Todd Meyhoff (Planning Commission) Mayor Kozlowski recognized Ms. Pavek for serving 11/z years on the Charter Commission and Mr. Meyhoff for serving 3 years on the Planning Commission. OPEN FORUM David Kufner, 920 William St. N., thanked City staff for helping bring a permitted lawn and property maintenance business at 922 William St. N. into compliance. He offered kudos to Community Development Director Gladhill, former Zoning Administrator Tait, Police Officer Crosby and former Community Service Officer Fleischhaker for their recent assistance. Louise Hansen, 212 N. 2nd St., reported hearing of kids in the parking ramp selling drugs. STAFF REPORTS Public Works Director Sanders stated the contract has been signed for the Chestnut Street Plaza project; staff met with Friends of Lily Lake to work on short term goals; an engineering technician will be starting July 5, and interviews will take place next week for a natural resources technician position. He discussed a speed study that was budgeted for 2022. In 2019 the Legislature gave cities the authority to adjust speed limits down to 25 mph on local residential streets, and to 20 mph with proper justification. He asked the Council's thoughts on 25 vs. 20 mph. City Council Meeting June 21, 2022 Mayor Kozlowski stated it makes sense to lower the speed limit in neighborhoods that have few access points, but he would like a consultant to advise, to avoid confusion for drivers. Councilmember Odebrecht stated Millbrook residents would love to drop to 25 mph. Mr. Sanders stated comments will be gathered via a resident questionnaire to include maps showing current and allowed speed limits. Lowering the speed limit would decrease the injury factor. He also reported that for the 200 Chestnut St. Project, 2nd from Myrtle to Chestnut will become a one way street for construction. Councilmember Polehna thanked Mr. Sanders for interfacing with Police, Fire, and Washington County regarding putting the barge in the river for the 4th of July fireworks. Police Captain Bruchu gave department updates on mental health calls and speed issues. A metro -wide theft ring was caught in Stillwater. Data Specialist Jacalyn Norbury started on Monday. Fire Chief Glaser stated the department hosted a car safety clinic last week. He mentioned a cardiac arrest "save" that occurred at PD Pappys due to the use of an AED. Community Development Director Gladhill reported that all four parking lot payment kiosks are broken, so parking will be free until they are repaired. A mobile phone option, possibly via Passport, will be brought to the Council July 5. The new administrative assistant will start July 11, and the Planning Manager applications are due Friday. City Clerk Wolf stated that absentee voting begins June 24. Due to Night to Unite and elections, upcoming Council meeting dates are July 5, 19, 26 and August 16. There will be a strategic planning meeting in July and the Boards/Commissions picnic in August. City Administrator Kohlmann noted that Waste Management picked up yard waste at Lily Lake and Jaycee Ballfields. Curbside pickup is suspended indefinitely. City Attorney Land agreed to look at whether the contract has been breached. Mr. Kohlmann gave an update on the parking ramp wall and speed bumps. The structural engineering report is being done and a contractor is waiting to begin. CONSENT AGENDA June 7, 2022 regular and recessed meeting minutes Payment of Bills Amendment to Liquor Licensing Ordinance - Ordinance 2nd Reading Appointment to Downtown Parking Commission, Planning Commission and Utilities Commission City Hall Stair Repair Phase 2 Project Agreement Curve Crest Striping Fee Schedule Amendment for Small Brewer Off -Sale License - Resolution 2022-083 Gambling Premise Permit at Acapulco Mexican Restaurant - Resolution 2022-084 Gambling Off -Site Permit for Bayport Legion at Lumberjack Days and Harvest Fest - Resolution 2022-085 McKusick Lake Boardwalk Repair Project Agreement Physical Activity Policy - Reslution 2022-086 Roll -off Hauler License for Dem-Con Dumpsters LLC Sanitary Sewer Rate Adjustments Page 2 of 5 City Council Meeting June 21, 2022 Separation Agreement Small Brewer Off -Sale License for River Siren Brewing Company Watermain Break Patching Wine with Strong Beer Liquor License for Boundary Stillwater - Resolution 2022-087 Lumberjack Landing Purchase Agreement Amendment #1 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Request to vacate portions of the public drainage and utility easements located on 602, 604 and 606 Heritage Place. Community Development Director Gladhill stated that the City has been approached by the owners and potential buyers of a vacant parcel in the Heritage Ridge subdivision to consolidate three lots into two lots to establish better lot lines and buildable area. In order for staff to be able to finalize and record the lot line reconfiguration and issue a Building Permit for a new dwelling, the owner must vacate existing easements and dedicate new easements based on the new lot lines. Staff recommends approval of the Easement Vacation and acceptance of the new easements. Mayor Kozlowski opened the public hearing. There were no public comments. He closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt Resolution 2022-088, a Resolution Vacating Portions of Public Drainage and Utility Easements Located within the City of Stillwater, Minnesota. All in favor. UNFINISHED BUSINESS Short Term Home Rental Regulation Amendments - Ordinance 2nd Reading City Attorney Land stated that the second reading of the Ordinance changes, directed by the City Council, is now ready. She summarized proposed changes to the existing program. Among other revisions, unlimited licenses may be granted in the CBD, however they must meet all regulations. This draft does not have a parking mitigation option, because the City is currently working on the parking mitigation structure. Therefore, new applicants must provide parking on site. Councilmember Junker inquired if the City still should cap the number of licenses downtown. Councilmember Polehna noted the requirement to provide onsite parking serves as a cap. Councilmember Odebrecht asked about the number of parking spaces needed; and Mr. Gladhill replied that a homeowner cannot displace their own parking for the short term home rental. He doubts there is anywhere in the downtown area where the high density residential would have sufficient parking for a new STHR. City code states the underlying parking requirement for multi -family apartments is 1.5 per unit, with one covered, plus one space per three units for guest parking. Page 3 of 5 City Council Meeting June 21, 2022 Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt second reading of Ordinance No. 1185, an Ordinance Amending Section 41-8 of the Stillwater City Code regarding Short Term Home Rental Regulations. All in favor. NEW BUSINESS 72nd Street Improvement Project Authorize Feasibility Report Public Works Director Sanders explained that 72nd Street between Northland Avenue and Rutherford Road is one of the last remaining gravel roads in the City. It serves as connection point between the Liberty and Croixwood developments. The Engineering Department would like to study and analyze the cost to improve the street with asphalt, concrete curbs, and a trail or sidewalk. A feasibility study is the first step in the process. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2022-089, Resolution Ordering Preparation of Feasibility Report for 72nd Street Improvement Project 2022-02. All in favor. Mid Oaks Lift Station Project Approve Plans and Specs and Order Ad for Bid Mr. Sanders stated that the Mid Oaks lift station is over 45 years old and was selected for replacement in the 2022 Utility Capital Outlay. Staff seeks approval for the plans and specifications and authorization to bid. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2022-090, Approving Plans & Specifications and Ordering Advertisement for Bids for the Mid Oaks Lift Station Improvement Project. All in favor. COUNCIL REQUEST ITEMS Councilmember Junker asked about parking lot closures for the 4th of July; and Fire Chief Glaser replied that, as in the past, the east side lots will be closed to vehicles, so people can sit there. This makes traffic control much easier. Councilmember Polehna stated there will be an August 13 reopening event for the Loop Trail. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:06 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022-083, Resolution Amending Resolution 2022-004 to establish a small brewer off -sale license fee Page 4 of 5 City Council Meeting June 21, 2022 Resolution 2022-084, Approving Minnesota Premises Permit for Lawful Gambling for Washington Co. Star Trail at Acapulco Mexican Restaurant Resolution 2022-085, Approving Bayport American Legion Post 491 Application to Conduct Off -Site Gambling at Lowell Park for Lumberjack Days and Harvest Fest Resolution 2022-086, Approving Physical Activity Policy Resolution 2022-087, Approving Issuance of New Wine with Strong Beer Liquor License to Boundary Stillwater LLC, dba Boundary Stillwater Resolution 2022-088, A Resolution Vacating Portions of Public Drainage and Utility Easements Located within the City of Stillwater, Minnesota Resolution 2022-089, Resolution Ordering Preparation of Feasibility Report for 72nd Street Improvement Project 2022-02 Resolution 2022-090, Approve Plans & Specifications and Ordering Advertisement for Bids for the Mid Oaks Lift Station Improvement Project Ordinance No. 1184, 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 Ordinance No. 1185, an Ordinance Amending Section 41-8 of the Stillwater City Code regarding Short Term Home Rental Regulations Page 5 of 5 Page 1 CITY OF STILLWATER LIST OF BILLS Abbott Paint Acme Tools Action Rental Inc. Adam's Pest Control Advance Auto Parts Advanced Sportswear Akkerman Abby American Flagpole & Flag American Solutions for Business AMI Consulting Engineers PA Canteen Refreshment Services Cintas Corporation City of St. Paul Clean River Clog Un-Boggler Inc. Collins Ryan Cummins Sales & Service Discount Playground Supply Dumingyay Meliv ECM Publishers Emergency Automotive Environmental Equipment & Services Ess Brothers & Sons Inc. Fastenal Company Flexible Pipe Tool Co. Force America Golden Expert Services Goodyear Commercial Tire Government Finance Off Assoc. Guardian Supply Haley Chet Hawkins Inc Holiday Companies Hotsy Equipment of Minnesota Huebsch Service Ice Sports Industry IDC Automatic Jaytech Inc Lawson Products LegalShield LeVander Gillen Miller PA Linde Gas & Equipment Lindstrom Solar LLC Loffler Companies Lone Oak Companies Inc Paint Equipment Concrete & mixing trailer Pest control - ants Supplies Uniforms Park Fee Refund Flags Tent & table covers Riverbank stabilization Concession supplies Uniforms & Towels Asphalt Equipment repair supplies Unclog drain Reimburse for expenses Vehicle repairs Swing replacements Park Fee Refund Publications Equipment repair supplies Switch pack Supplies Drain cleaning machine PipTech Scan Support Equipment repair supplies Janitor Service Tires Cert of Achievement Review Uniform Refund of permit to consume Hydrofluosilicic Acid Vehicle washes Service & maint Mat cleaning service Skater Membership Door repair Chemicals Steel hose clamp Data Breach Recovery Professional Services Cylinders Solar Energy Misc Utility Bill Processing 507.96 195.00 315.49 91.27 81.52 1,037.00 135.00 128.34 1,684.93 25,793.50 219.95 472.98 566.98 253.90 325.00 649.10 2,876.74 1,103.25 100.00 277.80 93.45 230.13 3,933.12 338.90 684.95 2,874.65 4,000.00 347.88 460.00 730.91 35.00 958.69 320.00 927.05 705.06 3,615.00 260.30 502.14 5.50 77.70 18,527.69 63.33 7,076.48 5,563.12 1,909.24 Page 2 Lynn Peavy Company Mansfield Oil Company Marchetti Joe Marie Ridgeway & Associates Marshall Electric Company Menards Midwest Machinery Co Miller Excavating MK Mechanical Inc Moody's Investors Service Office Depot Olsen Chain & Cable Inc. Otis Elevator Company Performance Plus LLC Quill Corporation Reclamation Technologies USA Ries Farms LLC Run Stillwater Inc Safe Fast Inc Safe Fleet Mobile Vision Sanders Shawn Schirmer Susan Simplifile LC SiteOne Landscape Supply St. Croix Boat and Packet Co. St. Croix Valley Opera Stillwater Collision and Mechanical Stillwater Motor Company Summit Companies Telemetry and Process Controls Tessman Seed Co. St. Paul Titan Machinery Shakopee TKDA Tri-State Bobcat Uline Inc Valley Trophy Inc. Wasche Commercial Finishes Washington County Public Safety Radio Washington County Recorder Washington County Sheriffs Office Waste Management of WI -MN Wolf Marine Inc. Young Dan Xcel Energy Ziegler Inc. Tests Fuel Reimburse for training Mandatory check Electrical repair Supplies Equipment repair supplies Northland Park Hydrant Building repairs Bond fees Supplies Equipment repair supplies Elevator repair Drug screen Office supplies Refrigerant Rip rap & dirt disposal Refund of security deposit already paid Safety equipment Car video software Reimburse for license renewal Park Fee Refund Filing fee Supplies Arena billing for April & May Refund of event application fee Vehicle repair Vehicle service Annual Sprinkler Inspection - Water Bldg Equipment repair charges Fertilizer Equipment repair supplies Chestnut St Civic Plaza & Lily Lake PRV Equipment repair supplies Mobile panel racks & supplies Name plates Stillwater Wash Bay 800 Radio User Fees Recording fee May 3-4 2022 Coverage for mtg 216 5th St N Garbage Summer lease 2nd half Reimburse for expenses Energy Equipment repair supplies 52.50 3,515.92 634.50 805.00 3,712.00 3,805.60 112.23 34,802.44 11,920.40 14,000.00 248.38 163.60 4,194.96 45.00 171.17 14,400.00 860.93 1,000.00 1,020.60 2,145.00 122.50 100.00 50.25 250.50 145,043.37 50.00 4,930.25 197.74 200.00 4,191.81 1,200.17 647.79 4,511.45 236.87 2,440.43 29.70 14,960.00 10,802.16 46.00 5,695.31 1,361.39 800.00 214.23 54,655.51 179.07 Page 3 LIBRARY 16 Wins 4lmprint Amazon Business American Library Association Baker and Taylor Bibliotheca LLC Brodart Co CDW Government Inc. Dazzling Dave Yo-Yo Extraordinaire Demco Inc. ECM Publishers Grainger Hedin Sue Hooperina Loffler Companies Midwest Tape Office of MN IT Services Scholastic Inc Serendipity Art & Design Stillwater Printing Co. Washington County Master Gardeners Website Maintenance Programs Supplies ALA - Petrie Programs Sorter Maintenance Agreement Materials Shure Microphone Headset System Programs Processing Supplies Special Meeting Notice Janitorial Supplies Programs Programs Copier / Printer Materials Phone - May Programs Programs Programs Programs 380.00 647.49 651.35 200.00 8.46 10,418.62 3,246.78 983.33 330.00 471.22 23.70 124.18 375.00 275.00 690.74 1,813.95 148.35 397.75 250.00 285.00 100.00 Lllwater THE BIRTHPLACE OF MINNESOTA DATE: June 30, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointing Election Judges for 2022 Primary Election BACKGROUND City Council is required to appoint elections judges for the upcoming Primary Election. Recruitment for judges has been completed and a list of eligible judges is attached. There are 81 judges total which include 8 head judges and 7 judges on reserve in case a judge becomes unavailble on day of election. Compensation for being a judge is $10.50/hour for a regular election judge and $13/hour for a head judge. Some judges choose not to be paid for their time. RECOMMENDATION Staff recommends Council appoint the judges listed in Exhibit A on the resolution. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING ELECTION JUDGES AND FIXING COMPENSATION FOR THE 2022 PRIMARY ELECITON. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPOINTING ELECTION JUDGES AND FIXING COMPENSATION FOR THE 2022 PRIMARY ELECTION WHEREAS, the City Clerk recommends elections judges to be appointed for the upcoming Primary Election on August 9, 2022; and WHEREAS, the City Council makes the appointments at least 25 days before an election day. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the following individuals specified on Exhibit A attached hereto, each of whom is qualified to serve as an election judge, are hereby appointed as judges for the Primary Election on August 9, 2022 at the Stillwater Polling locations. BE IT FURTHER RESOLVED, by the City Council of Stillwater as follows: 1. Any individuals not specified on Exhibit A to be placed as a replacement or as additional election judges needed up to and including the day of the election shall be appointed by the City Clerk at that time. 2. That the compensation to be paid to the regular Election Judge is hereby fixed at $10.50 per hour; and the compensation for the Head Judges is hereby fixed at $13 per hour and that the City will provide food (snack and dinner) to judges as part of their compensation. 3. The election judges shall act as clerks of election, count the ballots cast and submit the results to the county and municipality for canvass in the manner provided for in State General elections. 4. That the following staff members are designated election officials and election judges to assist the City Clerk in the 2022 Primary Election administration for the City of Stillwater: Nancy Manos, Dawn Thoren, Jesse Pereboom, Brad Junker, Jenna Schmid, Judy Brueghel and Jacalyn Norbury. Adopted by the Stillwater City Council this 5th day of July, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A First Name Last Name City Judge Type Jeffrey Anderson Stillwater Regular Election Judge Kathryn Baker Stillwater Regular Election Judge Monica Bartkey Stillwater Regular Election Judge Joan Beaver Stillwater Regular Election Judge Kevin Berndt Stillwater Regular Election Judge Andre Bessette Stillwater Head Judge Lori Bishofsky Stillwater Regular Election Judge Mary Bjork Oak Park Hgts Regular Election Judge Celine Brandon Stillwater Regular Election Judge Laura Belknap Stillwater Regular Election Judge Rebecca Bush Stillwater Regular Election Judge Abigail Bush Stillwater Regular Election Judge Mariam Calkins Stillwater Regular Election Judge Ann Caturia Stillwater Regular Election Judge Julia Charlsen Stillwater Regular Election Judge Melissa Clarke Stillwater Regular Election Judge Rachael Cooper Stillwater Regular Election Judge Debbie Crea-Riffel Stillwater Regular Election Judge Sheryl Curran Stillwater Regular Election Judge Michelle Dockter Stillwater Regular Election Judge Jan Edstrom Stillwater Regular Election Judge Darlene Ferkingstad Stillwater Regular Election Judge Ron Ferkingstad Stillwater Regular Election Judge Ken Freimark Stillwater Regular Election Judge Linda Glendenning Stillwater Regular Election Judge Mary Glennon Stillwater Regular Election Judge Laurie Grau Stillwater Regular Election Judge Brian Groven Stillwater Regular Election Judge Winona Havir Stillwater Regular Election Judge Paula Hemer Stillwater Regular Election Judge Chris Hilgers Stillwater Regular Election Judge Mary Holmberg Stillwater Head Judge Harold Holmberg Stillwater Regular Election Judge Julia James Stillwater Regular Election Judge Paul Johnson Stillwater Regular Election Judge Art Junker Stillwater Regular Election Judge Carol Jursik Stillwater Regular Election Judge Dan Kalusche Stillwater Regular Election Judge Dana Karr Stillwater Regular Election Judge Paul Kirkwold Stillwater Regular Election Judge Rebecca Koehler Stillwater Regular Election Judge Heidi Koehnle Stillwater Head Judge Lynn Kuker Stillwater Regular Election Judge Reeve Lasky Stillwater Regular Election Judge Douglas Little Stillwater Regular Election Judge Carol McKinney Stillwater Regular Election Judge Jim McKinney Stillwater Regular Election Judge Janice Merten Stillwater Regular Election Judge Sheryl Meyer Stillwater Head Judge Roberta Miller Stillwater Regular Election Judge Richard Myran Stillwater Regular Election Judge Betty Nelson Stillwater Regular Election Judge Bridget Nelson Stillwater Regular Election Judge Peter Nord Stillwater Regular Election Judge Lisa Nordling Stillwater Regular Election Judge Judith Olmsted Stillwater Regular Election Judge Michelle Ortmeier Stillwater Regular Election Judge Patti Palmer Stillwater Regular Election Judge Lawrence Panciera Stillwater Regular Election Judge Susanna Patterson Stillwater Head Judge Karlyn Peterson Stillwater Regular Election Judge Nance Purcell Stillwater Head Judge Deb Reckner Stillwater Regular Election Judge Margot Rheinberger Stillwater Regular Election Judge Curtis Riffel Stillwater Regular Election Judge Barb Rinehart Stillwater Regular Election Judge Frank Ritter Stillwater Regular Election Judge Donald Schuld Stillwater Regular Election Judge Jon Skaalen Stillwater Regular Election Judge Arnold Slivik Stillwater Regular Election Judge Mary Beth Springborn Stillwater Regular Election Judge Maurice Stenerson Stillwater Regular Election Judge Lori Swanson Stillwater Regular Election Judge Brian Swerine Stillwater Head Judge David Tomenes Stillwater Regular Election Judge Matthew Trom Stillwater Regular Election Judge Dona True Johnson Stillwater Regular Election Judge Elizabeth Welty Stillwater Regular Election Judge Deanne Wessel Stillwater Regular Election Judge Jane Wilkens Stillwater Head Judge Barbara Zusan Stillwater Regular Election Judge illwater THE BIRTHPLACE OF MINNESOTA DATE: July 5, 2022 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Assistant Superintendent Public Works SUBJECT: Cintas Uniform Rental Agreement BACKGROUND Public Works has renegotiated the contract with Cintas for employee uniforms. The previous contract expired in 2020 (state bid), with prices increasing significantly as we were added to city/county pricing standards. We were able to negotiate a 50% price reduction with the first years annual cost being approximately $4,600.00 (prices are per unit, so total price can fluctuate a little through the year). The agreement is for a five- year contract, with a maximum of 1 % increase to unit prices each year. The payment will continue to come out of the uniform budget fund for Streets, Parks, Water, Sewer, Storm Sewer, and Signs/Lighting. We have used Cintas since 2018 and they have been a reliable contractor for Public Works. RECOMMENDATION Staff recommends approving the agreement with Cintas for a five-year Uniform Rental Agreement. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH CINTAS FOR UNIFORM RENTALS. iliwater THE BIRTHPLACE OF MINNESOTA AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 5th day of July , 2022 , by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Cintas Corporation , 685 Olive Street , St. Paul, MN 55130 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: 2022 Uniform Rental Agreement 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 6/16/22 , 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 1 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 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 Chad Rogness , 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 Raven Harrington , 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, 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 2 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: Chad Rogness If to Consultant: Or e-mailed: crogness@ci.stillwater.mn.us Cintas Corporation 685 Olive Street St. Paul, MN 55130 Attention: Raven Harrington Or e-mailed: harringtonr2@cintas.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. 3 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 parry's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 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 CINTAS� p ���y READY FOR THE WORKDAY'" Contract No �/O/a3 0 ?Customer No Ia (/( 3 1/ 0 /v Location No aim STANDARD RENTAL SERVICE AGREEMENT Date Customer S L 1 t c ,rps4.6 L r (L. 1.4 br)LS b e4.* Phone Address j ei ��,�� ��-} u -C-- City w4-1e, State PAIN Zip S� ' UNIFORM RENTAL PRICING: Item # �35 4q® st Business Index Dynamics ID VP" LA,NI k;3/4- Description • • The additional charges listed below are subject to adjustment by Company effective upon notice to Customer, which notice may be in the form of an invoice. • Name Emblem $ ea • Company Emblem $ ea • Custom Emblem $ ea • Embroidery $ ea • COD Terms $ per week charge for prior service (if -Amount Due is Carried to Following Week) • Credit Terms - Charge Payments due 10 Days After End of Month • Automatic Lost Replacement Charge: Item % of Inventory $ • Automatic Lost Replacement Charge:, Item % of Inventory $ • Preparation charge $ per garment. • Non-Standard/Special Cut Garment (i.e., non-standard, non -stocked unusually small or large sizes, unusually short or long sleeve or length, etc.) premium $ per garment. • Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills. Shop towel container $ per week. • Artwork Charge for LogoMat $ • Uniform Storage Lockers: $ ea/week, Laundry Lock -up: $ ea/week Shipping' $ • Service Charge $ • per delivery. This Service Charge is used to help Company pay various fluctuating current and future costs including, but not limited to, costs directly or indirectly related to the environment, energy issues, service and delivery of goods and services, in addition to other miscellaneous costs incurred or that may be incurred in the future by Company. • Size Change: Customer agrees to have employees measured by a Cintas representative using garment "size samples". A charge of $ per garment will be assessed for employees size changed within 4 weeks of installation. • Uniform Advantage $ 0.6a per garment. Premium Advantage $ per garment. Uniform and Premium Advantage covers damaged garments needing to be replaced outside of normal wear. Uniform Advantage and Premium Advantage do not cover lost or unreturned garments. The Customer or Company may cancel Uniform Advantage and Premium Advantage at any time. • Emblem Advantage $ per garment. Emblem Advantage covers name and company emblems initially selected by Customer. The Customer or Company may cancel Emblem Advantage at any time after six months from date of installation. • Prep Advantage $ o• t . per garment. Prep Advantage covers all costs associated with garment preparation. The Customer or u�,Company may cancel Prep Advantage at any time after six months from date of installation. !-."� • Other 'yi a 4, tp, .ata n,�L r,-, 41-s �e•�� FACILITY SERVICES PRODUCTS PRICING: Unit Price This agreement is effective as of the date of execution for a term of 60 months from date of installation. Ea Ea Item # Description Rental Freq. Unit Price .2 ► le D g •-', Ste 4. li •..«..*.t► - .] 0 ! D . a b 69:1> 1 1j 41%e-----5 41- ..s. c? I. 13. or.) / D Date / ❑ Initial and check box if receiving Linen Service. Company may make periodic physical inventories of items in possession or under control of Date Customer. ! n Initial and check box if receiving direct embroidery. If service is discontinued for any employee, or Customer deletes any of the garments Date with direct embroidery for any reason. or terminates this agreement for any reason or fails to renew this agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values. Customer certifies ir t is ' i is not a federal, state, or local government branch or agency. This agreement isbJect to the terms and conditions on the back of this agreement. By signing below, Customer agrees to and accepts the terms and conditions on the back of this agreement. Initial and check box if Unilease. All garments will be cleaned by Customer. CUSTOMER: Cintas Loc. No 2 ` i]M Please Sign Name By FNC2u (,,-% OZA-rei eNeriv1 Please Print Name Title SeriU- Please Print Title Accepted -GM: E-mail R-2100A (rev. 6/2017) Form Distribution: (1) White -Office (2) Canary -Customer (3) Pink -Corporate Office StiIit. Administration Date: June 30, 2022 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a new On -Sale Liquor License with Sunday Sales for Howard's Bar (formerly Whitey's) DISCUSSION: Howard's Bar Inc, dba Howard' Bar, located at 302 Main St S, has submitted an application for an on -sale with sunday sales intoxicating liquor license. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before staff issues the license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a new On -Sale Liquor License with Sunday Sales for Howard's Bar Inc, dba Howard's Bar, contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. City of Stillwater Washington County, Minnesota RESOLUTION 2022- APPROVING ISSUANCE OF NEW ON -SALE LIQUOR LICENSE WITH SUNDAY SALES TO HOWARD'S BAR INC, DBA HOWARD'S BAR WHEREAS, an application has been received for the issuance of an On -Sale Liquor License with Sunday Sales to Howard's Bar Inc, dba Howard' Bar, located at 302 Main St S; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of a new On -Sale Liquor License with Sunday Sales conditioned upon approval from Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). Adopted by City Council this 5th day of July, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk I11war THE BIRTHPLACE OF MINNESOTA DATE: July 5, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: River Siren Brewing Event Permit — Bands for the Brave BACKGROUND The City has received an Event Application for an event open to the public fully on private property. River Siren Brewing is continuing a past event previously held by Maple Island Brewing. The event is scheduled for Saturday, September 10th with setup on Friday September 9th and clean up on Sunday, September 11th. Additional details are in the attached Application. RECOMMENDATION Staff recommends approval of the Event Permit. Public Safety Staff will do final approvals and walk throughs. ACTION REQUESTED Motion to approve the Event Permit for River Siren Brewing's Bands for the Brave Event. iilwater THE BIRTHPLACE OF MIMMESOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 5/5/2022 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Bands for the Brave Friday September 9th, 2022 12:00pm 5:00pm Event Date/Time: Set up: Date Time to Actual Event: Date Saturday September 10th, 2022 Time 12:00pm to 8:00pm Clean up: Date Sunday September 11th, 2022 Time 10:00am to 2:00pm (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) River Siren Brewing, 225 Main Street N., Stillwater, MN 55082 Descri ption of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Bands for the Brave is a family friendly event which raises money for HOOAH (Helping Out Our American Heroes) who uses the money to help prevent Veteran suicide. All of the bands play for free and there is no cover charge. Our sponsors pay for all expenses related to the event. The day of the event we raise money through food sales, silent auction, and t-shirt sales mainly. We have an indoor and outdoor stage at the event. The outdoor stage kicks things off at Noon. We then alternate between stages throughout the day so we always have music playing. Food is provided by Eurest Catering. Event specific t-shirts are sold along with a few other items. Estimated Attendance (participants and spectators): Approximately 1500 during the day. (not all at one time) Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Canteen One (and HOOAH Inc) Mailing Address: 4150 Olson Memorial Highway City, State, Zip Code: Golden Valley, MN 55422 Primary Contact/Applicant Name: Douglas Kotulski Phone Number: Fax: Cell Phone: Email Address: Website Address: https://www.canteen.com/national-accounts/ and www.hooahinc.org Name of contact person during event: Douglas Kotulski Cell Phone: Alternate contact during event: Chris Lilly Cell Phone: Refer media or citizens inquires to: Chris Lilly 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: 5 signs approx 4' x 6' each Will there be any inflatables? No F3 Yes • Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No ■ Yes © What type: Music/Live Bands apply see Instructions Will sound amplification be used? No ■ Yes © Hours and Type: We hire a professional music company 1 60' 60' 2 12x12 2- 10x10 Will a stage or tent(s) be set up? No • Yes • Dimensions: - x - Will there be temporary fencing? No ■ Yes MI How many Fees for electricity may 1 Will merchandise/food items be sold? No • Yes Mvendors expected: apply see lnstructions Will food be prepared on site? No ■ Yes © Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No • Yes f3 Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No © Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes © See Alcohol Regulations in the Instructions Will there be a fireworks display? No F4 Yes • Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. No power requirements. Feed will come from River Siren Brewing Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available The majority of advertising will come from social media with possible mentions on local new channels. Any additional support from the City Council is always welcome! City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No I Yes ■ Start/End Time: Date: City Sidewalks or Trails No © Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No F:i Yes ■ Start/End Time: Date: Fees may apply Will event need barricade(s)? No 0 Yes ■ Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No ■ Yes F:1 Number needed: Provided by Ultimate Events see Instructions Feesmayapply Willportable restrooms be needed? No ■ Yes 0 Number needed: provided by AirFresh (3) see Instructions Fees may apply Will extra trash receptacles be needed? No M Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: Will event need traffic control? No © Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: ID's will be checked at the entry to the event. Wristbands will be placed on 21+ adults. Fees may apply see Instructions Will "No Parking Signs" be needed? No M Yes ■ Number needed: Show location(s)onsite map Will event need security? No ■ Yes a If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: We will employ 2 officers from the Stillwater Police Department Will event need EMS services? No 13 Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: There is a first aid kit instide River Siren Brewing. Stillwater Police will be onsite for emergency protocol Describe the emergency action plan if severe weather should arise: Everyone will move inside River Siren Brewery List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a release of Liability. of A plicant or Authorized Agent Signature Date Main Streel- Entry 1n'Maf: . River Siren Brewing River Siren Outdoor Deck 1 / I 1 / I / I STAIR • • • ■111 —■■■ ate■■■ ate■■■ ate■■■ aa■■■■ aa■■■■ aa■■■■ ■EEI 0 STAGE w/ Cnuered Tent 6{1' x GO' 0 0 0 0 0 MEMME MN ■■ M aaa.=aaa.aaaa� l- ---_ ■ aaa■ aaa�aaa�aaa�aaaaa� .. s ;- :■:.�uu� ♦1I ■� MI •I =MM AIM . ■■ MEN aaaaas _.. .. _■■aaaaaaar _■■_ ■ i•■■■ ir• 0 r. ■■=-.—:a.aaaaaaa. ■■■ .. _.._el■__ ._■ i11■i11•1r I ■ aa■ __ ♦I■■■ ■11 I11 I aaaa�aaa�aaaaaa■ .aa■■■■aaaaaa■ aa■■■aa■ aaaa�aaa�aaaaaa■ .aa■■■■aaaaaa■ aa■■■aa■ aaaa�aaa�aaaaaa■ .aa■■■■aaaaaa■ aa■■■aa■ Iaaa�aaa�aaaaaa■ .aa■■■■aaaaaa■ aa■■■aa■ .�aaa�aaaaaa■ ._■■■aaaaaa■ aa■■■aa■ "aa■■■■aaaaaa■ aa■■■NENNE aaa�aa■ NENNE ENE w FPntlk3 --- Beer Traeler - 12x12 'a Tent 1 ■ Erri-arxe • ■11111-1 12x12 aaaa I • 0 0 ■ G`arUnen Truck TShirn HODA}EFENf ■■■■_.a■ . ■■■■ ■ ■ ■ ME I 1111111 IIIIIII 1111111111 ■■■■ ■■■■ `�111 NE 54]i. ■. :r■■ ,■: ■■■ gel In ANY. •NE aaa�aaaaaaaa�■■r '11e Emma:, ■■ Erne* ■ aaa-aaaaaaaaa■ ■ I11war THE BIRTHPLACE OF MINNESOTA DATE: July 5, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: River Siren Brewing Event Permit — Octoberfest BACKGROUND The City has received an Event Application for an event open to the public fully on private property. River Siren Brewing is planning on hosting an Octoberfest event. The event is scheduled for September 23rd — 24th with setup on September 22nd and clean up on September 25th. Additional details are in the attached Application. RECOMMENDATION Staff recommends approval of the Event Permit. Public Safety Staff will do final approvals and walk throughs. ACTION REQUESTED Motion to approve the Event Permit for River Siren Brewing's Octoberfest Event. iilwater THE BIRTHPLACE OF MIMMESOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: April 15, 2022 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Oktoberfest at River Siren Brewing 2022 10AM Event Date/Time: Set up: Date September 22, Time to 5PM Actual Event: Date September 23 - 24, 2022 Time 12PM to 10PM Clean up: Date September 25, 2022 Time 10AM to 5PM (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) 225 Main Street North, Stillwater, MN 55082 Descri ption of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) River Siren Brewing will be hosting an Oktoberfest celebration in the brewery and brewery's parking lot. Tents, live music (polka & local musicians), German -inspired food and beer! Estimated Attendance (participants and spectators): 500 - 1000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Brian Carlson (River Siren Brewing Owner) Mailing Address: 225 Main Street North City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Brian Carlson & Emily Hassett Phone Number: Fax: Cell Phone: Email Address: Website Address: www.riversirenbrewing.com Name of contact person during event: Brian Carlson Cell Phone: Alternate contact during event: Emily Hassett Cell Phone: Refer media or citizens inquires to: Emily Hassett Phone: email or 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 banners Will any signs/banners be put up No ■ Yes X Number and size:2 promotional - one on patio and one on the deck (4' x 8'). Will there be any inflatables? No X Yes M Insurance certificate from rental vendor is required Live music outside Fees for electricity may Will there be entertainment? No ■ Yes X What type: (weather permitting) apply see Instructions PA system (800 watts(w) of output, Will sound amplification be used? No ■ Yes X Hours and Type: peak 400w program power, 200w RMS) 20' x 40' or one 40' x 40' tent Will a stage or tent(s) be set up? No • Yes jg( Dimensions:Eitherttyo Will there be temporary fencing? No ■ Yes X How many Fees for electricity may Will merchandise/food items be sold? No ■ Yes X vendors expected: apply see Instructions Will food be prepared on site? No ■ Yes X Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ■ Yes X 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 E( See Alcohol Regulations in the Instructions Will there be a fireworks display? No XI Yes l• Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Artwork still in creation process - event will be posted to: Discover Stillwater, Stillwater Chamber, Beer Dabbler, River Siren website & social media. Local media will be notified as well. Banners will also be hung on the patio and deck promoting. 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 X Yes ■ Start/End Time: Date: City Sidewalks or Trails No (g( Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No XI Yes ■ Start/End Time: Date: Fees may apply Will event need barricade(s)? No g) Yes • Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No e Yes • Number needed: see lnstructions Will portable restrooms be needed? No XI Yes ■ Number needed: Fees may apply 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: 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: Fees may apply see Instructions Will "No Parking Signs" be needed? No ® Yes ■ Number needed: location(s)on Show site map Will event need security? No ■ Yes If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ►i/ Yes • Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Describe the emergency action plan if severe weather should arise: List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the Cit�of�Stillwater and is a release of Liability. i April 15, 2022 Signature of Applicant or Authorized Agent Date City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR TEMPORARY OUTDOOR LICENSE PREMISE WHEREAS, a request from River Siren Brewing Company LLC dba River Siren Brewing Company has been received to add their adjacent parking lot on the northside of their building as a temporary amendment to their on -sale liquor license premise located at 225 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 225 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 12 pm and 10 pm for their outdoor events on September 9, September 23 and September 24, 2022. Adopted by the Stillwater City Council this 5th day of July 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater� THE BIRTHPLACE OF MINNESOTA DATE: June 30, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: 2022 Street Improvement — 1524 Olive St. W. Easements BACKGROUND The City council, in their regular meeting on April 19, 2022, awarded the 2022 street reconstruction project to Miller Excavating, Inc. The project includes the reconstruction of Brick Street from Olive Street to Myrtle Street, and the redesign of Brick Street includes adding right turn lanes from Brick Street to Olive Street and Myrtle Street. During the Washington County review of the project, they required us to change the radius of the corners to accommodate school bus turns on to and off Brick Street. The City does not have enough Right of Way to accommodate the change of radius at the northeast corner of Olive Street and Brick Street intersection, also, there is a massive tree in the proximity of the new curb alignment and would need to be removed. Staff hired an appraisal to estimate the value of the tree, and the property owner agreed to the tree's appraised value and the value of the permanent and temporary easement. Attached is the notarized signed agreement and easement documentation. RECOMMENDATION Staff recommends approving the agreement with the owners of 1524 Olive Street to grant the City a temporary permanent easement to do the work, and to remove the tree on their property. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING MEMOARNDUM OF UNDERSTANDING FOR TEMPORARY AND PERMANENT EASEMENTS ON 1524 OLIVE ST. W. MEMORANDUM OF UNDERSTANDING This Agreement ("Agreement") is made this 1( day of ,ivONA-- , 2022, by and between Joey D. Martin and Victoria J. Walls, 1524 Olive Street West, Stillwater, MN 55082 ("Owner"), and the City of Stillwater, 216 4'h Street North, Stillwater, MN 55082("City"). It is hereby acknowledged and agreed upon between the parties that: 1. Owner owns certain real property located in the City of Stillwater, County of Washington, and State of Minnesota identified as Parcel Identification Number: 29.030.20.44.0054 (the "Property") 2. The City is engaged in a street reconstruction project ("Project") that requires the reconstruction of a portion of the street over Owner's Property, involving the removal of a tree. 3. The parties mutually desire to enter into a Permanent Right -Of -Way Easement and Temporary Easement for Construction Purposes ("Easement") for the City to construct the Project on the Property. 4. The Owner understands and agrees that the City will remove the tree within the Easement and will compensate the Owner for the removal of the tree but will not replace the tree. 5. In full compensation for the Easement and the tree, the City shall pay the Owner the sum of $4,220, which is calculated as $3,920 for the tree and $300 for the Easement. Owner understands that payment by the City must await City Council approval. 6. In the event of a clerical error, Owner agrees to cooperate in correcting the error including but not limited to resigning all documents. It is understood and agreed that the entire agreement of the parties is contained in this Agreement and the Easement and that these documents and agreements include all oral agreements, representations, and negotiations between the parties. [The remainder of this page was intentionally left blank.] 1 CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2022, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 2 OWNER: By: /k Joey D. Martin STATE OF MINNESOTA COUNTY OF ss. The foregoing instrument was acknowledged before me on this #41 day of 202by Joey D. Martin, a single person. f 4 S NANCY R. MANOS "g ` '{ NOTARY PUBLIC • MINNESOTA h y 1 ;; f My CemmissIon Expires Jen. 31, 2025 .n„n ��rrrr�1..a.rr✓�.rrfrr.�`rrffrrtr�J� 3 OWNER: By: Victoria J. Walls STATE OF MINNESOTA ss. COUNTY OF The: foregoing instrument was acknowledged before me on this L 'of Dj_ 1/4:__ . 202 by Victoria J. Walls, a single person. taro NANCY R. MANOS NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2025 4 PERMANENT RIGHT-OF-WAY EASEMENT AND TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES n THIS EASE ENT AGREEMENT ("Easement") is made, granted and conveyed this at day of td*.1t. , 202X-, by and between Joey D. Martin, a single person. and Victoria J. Walls, a single person (collectively "Landowner"), and the City of Stillwater. a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as legally described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City is engaged in a street reconstruction project that 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, the following: PERMANENT EASEMENT DESCRIPTION The Landowner does hereby grant and convey unto the City, its successors and assigns, forever the following: A permanent right-of-way easement for public street, utility and drainage purposes and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any public right-of-way, sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, any utilities, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any public right-of-way, sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities any utilities, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. TEMPORARY EASEMENT DESCRIPTION The Landowner does hereby grant and convey unto the City, its successors and assigns, the following: A temporary construction easement for grading, sloping and construction purposes in accordance with the plans and specifications provided by the City, and all such purposes ancillary, incident or related thereto ("Temporary Easement") under, over, across, through and upon the real property legally described on Exhibit B and depicted on Exhibit C ("Temporary Easement Area"), attached hereto and incorporated herein by reference. The Temporary Easement shall terminate on August 31, 2023. 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 and Temporary Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement and Temporary Easement; and (b) To maintain the Permanent Easement Area and Temporary Easement Area, any City improvements and any public right-of-way, underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such right-of-way, pipes, conduits or mains; and (c) To remove from the Permanent Easement Area and Temporary Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the public right-of-way, utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the Permanent Easement Area and Temporary Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the 2 Permanent Easement Area and Temporary 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, Temporary Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or their successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for themselves and their successors and assigns, do hereby warrant to and covenant with the City, its successors and assigns, that they are well seized in fee of Landowner's Property described on Exhibit A, the Permanent Easement Area and Temporary Easement Area described on Exhibit B and depicted on Exhibit C and have good right to grant and convey the Permanent Easement and Temporary 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 Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 202_, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 LANDOWNER: By Joey D. Martin STATE OF MINNESOTA COUNTY OF ss. The foregoing instrument was acknowledged before me on this 202, by Joey D. Martin, a single person. VW, 4.. NANCY R. MANOS ti 1 NOTARY PUBLIC • MINNESOTA 5 7 ,, My ConwFsslnn Exphes Jan. 31, 2025 LANDOWNER: By: 24*_ Victoria J. Walls STA I L OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me on this (?0,te__, , 2029-by Victoria J. Walls, a single person. This instrument drafted by and after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Notary Public day of 6 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property in Washington County, Minnesota, legally described as follows: The West 100 feet of the South 115 feet of Block 8, McKinstry and Seeley's Addition to Stillwater, together with all that part of West Olive Street (platted St. Paul Road) accruing to the above - described parcel by reason of vacation thereof, according to Document No. 3417804, recorded January 22, 2004. Abstract Property PID: 29.03 0.20.44.0054 7 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA AND TEMPORARY EASEMENT AREA PERMANENT EASEMENT AREA A permanent easement for right-of-way purposes over, under and across the following described parcel of land: The West 100 feet of the South 115 feet of Block 8, McKinstry and Seeley's Addition to Stillwater, together with all that part of West Olive Street (platted St. Paul Road) accruing to the above -described parcel by reason of vacation thereof, according to Document No. 3417804, recorded January 22, 2004. Washington County, Minnesota. said easement is described as follows: COMMENCING at the southwest corner of said Block 8; thence South 00 degrees 28 minutes 38 seconds East along the southerly extension of the west line of Block 8 a distance of 13.83 feet to the POINT OF BEGINNING; thence continuing South 00 degrees 28 minutes 38 seconds East along last described line a distance of 10.59 feet to the southwest corner of vacated West Olive Street per Document No. 3417804; thence South 89 degrees 51 minutes 07 seconds East along the south line of said vacated West Olive Street per Document No. 3417804 a distance of 8.26 feet to a point hereinafter referred to as "Point A"; thence northwesterly 13.64 feet along a line hereinafter referred to as "Line A" being a non tangential curve concave to the northeast having a radius of 27.00 feet and a central angle of 28 degrees 56 minutes 46 seconds and a chord which bears North 38 degrees 11 minutes 25 seconds West to the POINT OF BEGINNING. TEMPORARY EASEMENT AREA TOGETHER WITH a temporary easement for construction purposes over, under and across the above parcel which lies northeasterly of the hereinbefore described "Line A" and northerly, westerly and southerly of the following described line: Beginning at the hereinbefore described "Point A"; thence South 89 degrees 51 minutes 07 seconds East along said south line of vacated West Olive Street a distance of 8.82 feet; thence North 01 degree 54 minutes 07 seconds East a distance of 24.01 feet to the south line of said Block 8; thence North 88 degrees 32 minutes 00 seconds West along said south line of Block 8 a distance of 18.07 feet to the west line of said Block 8 and said line there terminating. 8 EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA AND TEMPORARY EASEMENT AREA CY O ccn 1 WEST LINE OF -BLOCK 8 FOUND 1/2" IRON PIPE ► 'STACK 1 N88 32'00"W 18.07 N cn 0 0 U O z i=3 crt x� BLOCK 8 -SOUTH LINE OF BLOCK 8 zp� W"i J / Q u \ "' TEMPORARY o LIVE ~ ' U °o i ,4,:1 ST. PER DOC. o \ o \ EASEMENT j 0 NO. 34178044� / C.BRG.=N38'11 "25' W ▪ 1►1 � i A=28°56'46° _If- \--6 R=13.64 - 1 \ in' \ ] 00:44„ ) ., 8.26 -' - 8.82 - PERMANENT ----- ,▪ � S89°51'07"E t I S'LY LINE OF EASEMENT ; p' j 1 ,'VACATED 36 SQ.FT. ' �`1"POINT A WEST OLIVE ST. PER DOC, FOUND I/2" i NO. 3417804 IRON PIPE i� NARKED i 'STACK" PRO -POSED 'BACK OF CURB.'` RADIUS = 32' 0 NORTH CERTIFICATION VACATED ST. >t� �▪ ��\ VACATED ����� 'WEST o EXISTING CURB �h- / // II/h• P Fth-h- / 10 I hereby certify that this survey, plan or report was prepared by me, or under my direct supervision, and that 1 am a duly Licensed Land Surveyor under the laws of the State of MINNESOTA. DANIEL L. THURMES License No. 25718 JOB#JW12038A Date: 2-26-22 „, ' tip" 1,,/'/ -T I / / �i. .v--, V •� • .a .i/ Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 danOcssurvey .net CORNERSTONE LAND SURVEYING, INC. 9 iliwater THE BIRTHPLACE OF MINNESOTA DATE: June 30, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: St. Mary's Catholic Church Wild Rice Festival BACKGROUND St. Mary's Catholic Church has submitted an application for a Temporary On -Sale Liquor License to be used during their Wild Rice Festival on September 9 and 11, 2022. This event is held on private property at 423 5th Street S. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a 1-4 day Temporary On -Sale Liquor License to St. Mary's Catholic Church for September 9th and 11th, 2022 contingent upon AGED approval. Lllwater THE BIRTHPLACE OF MINNESOTA DATE: June 27, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Tricia and The Toonies Performance Contract BACKGROUND Each year staff applies for and receives a grant from Washington County to develop and implement recycling activities and education within the city. One of the activites this summer is to promote recycling and environmental stewardship through a childrens program at Teddy Bear Park. Attached is a performance agreement to have Tricia and The Toonies do five shows. The total cost of $4,000 will be funded by the Washington County grant. RECOMMENDATION Staff recommends approving the Performance Agreement with Tricia and The Toonies for 2022. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Tricia and The Toonies Performance Agreement for 2022. PERSONAL APPEARANCE AGREEMENT www.TheToonies.com This agreement is made June 22, 2022 between Tricia Haynes for Tricia & The Toonies (hereinafter referred to as "Artist") and for City of Stillwater (herein referred to as "Purchaser"). It is hereby mutually agreed between the parties as follows: The purchaser engages the Artist as an independent contractor and the Artist agrees to perform the engagement hereinafter provided, upon all the terms and conditions herein set forth. 1. PLACE AND ADDRESS OF ENGAGEMENT: Teddy Bear Park Amphitheater 207 Nelson St East Stillwater, MN 55932 2. DATES AND HOURS OF ENGAGEMENT: FIVE Tuesdays 10:00 - 10:50 AM on June 28, July 5 & 26, August 9 & 16, 2022 3. NUMBER OF ARTISTS IN GROUP: Two (2) 4. TYPE OF PERFORMANCE(S): FIVE Toonies ENVIRO-FUN Show (50 minutes each) (recycling, environmental stewardship, nature) 5. CONTRACT PRICE: Price for this engagement shall be $4000.00 Total price ($800.00 per show). Please sign and return agreement with $2000.00 deposit. Balance of $2000.00 is due following last performance. Please make checks payable to The Toonies, LLC 6. ARTIST'S DUTIES: Artist agrees to provide professional entertainment services and to perform the engagement according to the terms and conditions as set forth in this agreement. 7. PURCHASER'S DUTIES: Purchaser agrees to use Artist as an independent contractor for professional services as entertainer. Purchaser agrees to the terms and conditions as set forth in this agreement. Purchaser warrants there will be no audio/video reproduction or transmission without the prior written consent of Artist. 8. ACTS BEYOND CONTROL OF PARTIES: This agreement is subject to proven detention by sickness, accidents, acts of God, or any other legitimate conditions beyond Purchaser's or Artist's control. In the case of cancellation under these legitimate conditions, Artist and Purchaser will reschedule for a mutually agreed upon date. 9. ARBITRATION: Any disputes which arise out of this agreement or performance of this agreement shall be resolved before a mutually agreed upon arbitrator. 10. ENTIRE AGREEMENT: This agreement shall constitute the entire agreement between the parties. Any prior understanding preceding the date of this agreement shall not be binding upon either party except if incorporated in this agreement. 11. RIDER: Artist will be paid in full rain, snow or shine. Sound system will be furnished by Artist. Purchaser grants Artist permission to display and sell TOONIES merchandise for public purchase following performance. Artist will arrive 90 minutes before scheduled showtime for set up. Please reserve a parking space closest to performance area for unloading and set up. Also inform Artist of ANY important and/or unusual circumstances such as road closures, barricades. etc. Artist appreciates all information that supports a smooth load -in, set up and performance. X for City of Stillwater SIGNATURE OF PURCHASER Date 216 Fourth Street North Stillwater, MN 55082 Day of Concert: Dawn: 651-430-8808 X ' June 22, 2022 Tricia Haynes for The Toonies PO Box 471 Hopkins, MN 55343 Phone/Text: (612) 327-3400 SIGNATU F ARTIST Please read carefully (see #11/rider) and RETURN SIGNED CONTRACT within 14 working days. Thank you for choosing TRICIA & THE TOONIES. www.TheToonies.com illwater THE BIRTHPLACE OF MINNESOTA DATE: July 5, 2022 TO: Honorable Mayor and City Council Members FROM: Tim Gladhill, Community Development Director SUBJECT: 2001 Washington Avenue Retail Infill Development (Preliminary Plat, Conditional Use Permit, Planned Unit Development) BACKGROUND The City has received a series of Applications in order to facilitate the infill development of two (2) retail parcels along the south property line of 2001 Washington Ave. This site is also commonly referred to as the former Herberger's Site. The process is a bit complicated as a portion requires City Council Approval while a portion can be approved by the Planning Commission. Given the split approval authority, the Planning Commission may want to refer all final actions to the City Council (with recommendations). The lot configuration is proposed as follows. Lot 1 (Existing) Existing Building (Harbor Freight and Diasorin Warehouse) Lot 2 (Current Proposal) Caribou Cabin Lot 3 (Future Development) Future Retail Building with Drive Through The primary focus is the Caribou Cabin. Additionally, the Applicant would like the City to approve a plat for two (2) lots, including a future retail building to be reviewed at a future date. LAND USE/PLANNING AND ZONING INFORMATION Comprehensive Plan Designation Highway Mixed Use Zoning District BP-C: Business Park Commercial Overlay Zoning District West Stillwater Business Park Highway Mixed Use Designation — 2040 Comprehensive Plan The Comprehensive Plan lays out a future vision on how areas of the community will evolve over time. The Highway Mixed Use Future Land Use Designation was created to provide more flexibility in commercial areas to accommodate residential development in a mixed use fashion. A majority of the land use (70%) is anticipated to remain commercial. Local peer examples of this designation in action include The West End (St. Louis Park) and Arbor Lakes (Maple Grove). BP-C: Business Park — Commercial Zoning District The purpose of the BP — C: Business Park Commercial Zoning District is to provide a district for general community commercial and office uses. General Retail is a Permitted Use (administrative approval). Uses with drive-throughs are a Conditional Use, requiring approval of the Planning Commission. West Stillwater Business Park Plan The West Stillwater Business Park Plan was approved in 1990 to guide the future development of this area from an allowable use and design standard standpoint. This area was originally part of Stillwater Township. As part of the annexation process, the City of Stillwater desired to require additional design requirements. A key component of the plan was to guide new development. A majority of the area has been since developed. The use is consistent with said plan. At this point, the purpose of this plan is to really guide design standards, which are as follows. 1. Unadorned prestressed concrete panels, standard concrete block or metal siding shall not be used as exterior materials for new buildings. Architectural enhanced block or concrete panels may be acceptable. 2. All roof or ground mounted mechanical equipment and exterior trash enclosures shall be completely enclosed with building material compatible with the principle structure. Low profile self contained mechanical units which blend in with the building design located to the side or rear of the building may be permitted. 3. Architectural consistency on all side of the building is required in terms of colors, materials and details. FINDINGS Lot 3 (Caribou) appears to meet all required Zoning Code Requirements. While there may be some limited opportunities to withhold approval for traffic safety and capacity concerns, Staff believes it is appropriate to approve this portion of the request. Detailed zoning analysis is as follows. Required Proposed Lot Area 1,4 Acre Front Setback 40 Feet 35.88 Side Setback 20 Feet 32.30 Rear Setback 30 Feet 42.6 Lot Coverage 60% 59.6% Landscaped Area 20% 40.4% Lot 2 (Future Retail) lacks actual frontage on a public road (technically land -locked). That being said, the City has relatively simple tools at its disposal (cross -access easements, approval of the requested Planned Unit Development). Coupled with traffic safety and capacity concerns, Staff has some concern with recommending approval of this lot until a broader plan for West Frontage Road can be completed. That being said, if the Planning Commission makes a finding that traffic safety and capacity is not a concern, Staff would not object to approval of this Lot. Detailed zoning analysis will occur at time of Development. The Owner is responsible for ensuring compliance with Zoning Code at the time of development. Additionally, Staff offers the following technical comments on the plat sheets, subject to final review and approval of the City Engineer. • Southernmost Access (existing with proposed revisions) should be modified to right -in (ingress) only. Exiting should occur at the main entrance to the north (at the center median curb cut). Additionally, encourage exiting northerly to Tower Drive. • Complete a traffic study internal to the site to include turning movements and cue lengths for drive-throughs. • Easements will be required for cross -access and easements crossing property lines. Since likely private easements, a Maintenance Agreement shall also be required. • Browns Creek Wastershed District Permit shall be required. Staff recommends early coordination with BCWD, as requirements may require plan modifications. ALTERNATIVES Since 2/3 of the request requires City Council Approval, the Planning Commission may want to refer the Conditional Use Permit Approval to the City Council, with recommendation. 1. Recommend the City Council Approve the Plat and Zoning Amendment and Approve the Conditional Use Permit as presented with following contingencies a. Plans shall be substantially similar to those found in the case file, except as modified by the conditions herein. b. All changes to the approved plans will need to be reviewed and approved by the Community Development Department. Any major changes will need to go to the Planning Commission for review and approval. c. Site shall be modified to comply with 40 foot front yard setback, or a separate Variance will be required prior to development. d. Southernmost Access (existing with proposed revisions) should be modified to right -in (ingress) only. Exiting should occur at the main entrance to the north (at the center median curb cut). Additionally, encourage exiting northerly to Tower Drive. e. Complete a traffic study internal to the site to include turning movements and cue lengths for drive-throughs. f. Easements will be required for cross -access and easements crossing property lines. Since likely private easements, a Maintenance Agreement shall also be required. g. Browns Creek Wastershed District Permit shall be required. Staff recommends early coordination with BCWD, as requirements may require plan modifications. 2. Recommend Approval/Approve (as applicable) with Amendments 3. Postpone/Table for More Information 4. Recommend Denial/Deny (as applicable) RECOMMENDATION From an Economic Development Goal and Policy standpoint, Staff is very supportive of this request. However, Staff does express some potential concern about traffic safety and congestion internal to the site as well as the surrounding public roadway system. Staff has instructed the Applicant to prepare a traffic study to better understand the impacts of this additional development to existing infrastructure. Staff has not received this information to date. Rather than determining the Application as Incomplete, preventing it from being reviewed at this point, Staff is forwarding this Application to the Planning Commission for further discussion and direction on the need for additional traffic studies. At minimum, Staff would recommend a traffic study for internal traffic circulation. Ideally, consistent with other new developments, Staff would also recommend a traffic study to model future levels of service at both entrances along Washington Avenue as well as the intersection of Washington Avenue and West Frontage Road. That being said, Staff fully supports approval of Lot 3 (Caribou) as it complies with applicable Zoning Code Requirements. Staff desires additional feedback and direction from the Planning Commission before supporting Lot 2 (future development) as it relates to future improvements to West Frontage Road and Washington Avenue. The Planning Commission recommended that the City Council approve only Lot 3 (Caribou) and not approve Lot 2 (future development). Staff has reviewed this recommendation with the City Attorney, who concurs with this recommendation. The Planning Commission further clarified their recommendation to state that they would only support the creation of Lot 2 if there were a traffic study completed that supported the internal and external infrastructure could support the additional traffic. The Planning Commission did approve a Conditional Use Permit for Caribou Coffee — Drive -Through, but contingent upon approval of a plat by the City Council. In other words, the approval of the Conditional Use Permit becomes null and void if a Plat is not approved. From a procedural standpoint, if the City Council desires to follow the Planning Commission Recommendation, the City Council should move to deny the current request or table the request to give the Applicant the time and direction to revise their proposal per the Planning Commission Recommendation. ACTION REQUESTED Motion to deny the Preliminary Plat and Zoning Amendment to Planned Unit Development based on the following findings. • The proposal lacks the requested traffic analysis • Lot 2 lacks the necessary frontage directly on a public road • Introducing two (2) drive -through users would further exacerbate an existing traffic issue at Washington Avenue and West Frontage Road • Introducing two (2) drive -through users would likely create numerous conflict points internal to the site City of Stillwater Washington County, Minnesota RESOLUTION 2022- A RESOLUTION DENYING CURRENT REQUEST FOR PRELIMINARY PLAT AND ZONING AMENDMENT APPROVAL FOR 2001 WASHINGTON AVE AND DIRECTING THE APPLICANT TO SUBMIT A REVISED ONE LOT PLAT FOR COFFEE DRIVE THROUGH USER WHEREAS, on May 31, 2022 the City received an Application for Preliminary Plat and Zoning Amendment for a two -lot subdivision located at 2001 Washington Ave; and WHEREAS, City Staff requested a traffic study to better understand traffic safety and congestion impacts on an already challenging traffic intersection (Washington Avenue and West Frontage Road) as well internal traffic circulation and vehicle stacking concerns; and WHEREAS, the City has not received a traffic study to date; and WHEREAS, the Planning Commission reviewed the request on June 22 and recommended that the City Council only approve one lot for the western parcel for purposes of a coffee shop drive through and not approve the easterly lot for a future drive -through user due to internal and external traffic safety concerns; and WHEREAS, the City has sent the request to the Minnesota Department of Transportation as the proposed use is adjacent to Trunk Highway 36 and is awaiting comment from that agency; and WHEREAS, the City is supportive of Lot 3 for purposes of constructing a drive -through coffee shop but is concerned about internal traffic circulation patterns and vehicle stacking at drive -through locations without the benefit of a traffic study; and WHEREAS, Lot 2 does not have the required frontage on a public road and therefore is not eligible for platting without the approval of a Variance or Zoning Amendment for Planned Unit Development. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater as follows: 1. The current proposal is denied for purposes of requiring the Developer to submit revised drawings for a one -lot plat for purposes of approving the coffee shop drive -through. 2. The Applicant is directed to revise the proposal to include only the lot for the coffee shop drive -through. Adopted by the Stillwater City Council this 21 st day of July, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk MIKDEN OF STILLWATER NARRATIVE May 27, 2022 Introduction The MikDen of Stillwater development includes the 9.52-acre lot consolidation of the properties presently serving the Harbor Freight site use, the platting of three new lots, and the development of a Caribou Coffee site and a future Quick Service Retail site (QSR). City applications with this submittal includes a Preliminary Plat and Conditional Use Permit. Caribou Coffee has a strong interest to be at this location and open a drive-thru "Caribou Cabin" as soon as possible. Meeting Caribou's interest is the main factor driving the city application at this time. There is also strong interest from other QSR users for the proposed pad east of Caribou, however, those plans will be submitted to the city with a future application when available. The Harbor Freight operations will continue and other users are interested in leasing the remainder of the existing large building on the site. Neither the Harbor Freight nor future users of that building are included in this application submittal. Site Access and Lot Configurations Access into the site for the Caribou and future QSR will be from Washington Avenue at the existing entrance at the southwest corner of the site. That entrance will remain a full access (right -in and right -out) at this time. Once vehicles are within the site, they may return to Washington from the southwest entrance or migrate north and west where they would leave the site at the main Washington Avenue entrance serving Harbor Freight. When the QSR site develops, the existing southwest access may be restricted to a right -in only if traffic conditions warrant it. The application includes two new retail lots (Caribou and QSR) and one for the existing building. The retail lots have both been designed to provide access onto a public roadway by platting a portion of the lot as right-of-way for the possible future Highway 36 Frontage Road. Although the primary access into both retail sites will be from Washington Avenue, those access locations could be changed to the future frontage road if/when that roadway is constructed. A possible configuration of the frontage road is shown on the Master Plan submitted with the application Utility Extensions Sanitary sewer and watermain, along with other dry utilities, are available to serve the site within Washington Avenue. The Utility Plan shows the proposed utility extensions serving the Caribou and QSR sites. The available water supply and pressure from Washington Avenue should be sufficient to serve the Caribou site, however, if there are additional water needs for the future QSR site, the watermain can be looped north to Tower Drive as part of that development Stormwater Stormwater from the site development will be managed within proposed filtration basins for the Caribou and QSR sites. Since the property is within a city well protection area, infiltration is not allowed by the city or watershed. After passing through the stormwater filtration basins, runoff will be directed (as it is presently) south to the city/state pond on the south side of the property. The proposed stormwater management system has been designed to meet the requirements of the city and the Brown's Creek Watershed District. Schedule Caribou is interested in opening this store as soon as possible, therefore site construction is scheduled for late summer (after city approvals) with the building being open late in 2022 or early 2023. T.O. ROOF 11T-S" T,O. WINDOW R.O. 10T'-I0 1/2" T.O. STONE SILL GAP ,v102'-10 1/2" 10O—'0" anderklicruk,`b:COFFEE iI I 0 4 ►�I • SIDE ELEVATION (NORTH) 114" = 1-0" FACADE MATERIAL PERCENTAGES (EXCLUDING DOORS/WINDOWS) STONE 105 SF 35A % HARDIE SIDING / TRIM 116 SF 6,2.E % GLAZING 13 SF EXCLUDED T.O. ROOF T.O. WINDOW R.O. 10T-10 1/2" T.O. STONE SILL CAP 102'-10 1/2" hT.O. FF.F. 1@O_'0" REAR ELEVATION (WEST) 1/4" = 1'-0" FACADE MATERIAL PERCENTAGES (EXCLUDING DOORS/UJJNDQWS) STONE 31 SF 15.9 % HARDIE SIDING / TRIM 195 SF 54.1 % DOOR 27 SF EXCLUDED ALTO. ROOF T.O. STONE SILL CAP �Im2'-10 1/2" T.O. FFE. Imo- 1011 4 FACADE MATERIAL PERCENTAGES - FULL S.ILD ING STONE 295 SF 29.4 % HARDIE SIDING / TRIM 110 SF 70h % GLAZING/DOOR 229 SF EXCLUDED BUILDING MATERIALS LEGEND F ■OEN 1111 ■1 11 STONE - CULTURED/MANUFACTURED STONE: ENVIRONMENTAL STONEWORKS STYLE: TUSCAN LEDGESTONE, COLOR: LANTANA, SILL CAP; ENVIRONMENTAL STONEWORKS DRIP LEDGE COLOR: KODIAK. HARDIE PLANK LAP SIDING - PAINTED 'CLOUDBURST' HARDIE TRIM BOARD AT HORIZONTAL TRANSITION TO SIDING AND SURROUNDING WINDOWS AND DOORS - PAINTED 'BITTERSWEET CHOCOLATE' STANDING SEAM METAL ROOFING - COLOR: DARK BRONZE. DARK BRONZE STOREFRONT DOORS, WINDOWS, AND HM SERVICE DOORS. LIGHT F I><TURES - PROGRESS P5-1&4-86 BURNISHED CHESTNUT WALL LAMPS FRONT ELEVATION (EAST) 1/4" = FACADE MATERIAL PERCENTAGES (EXCLUDING DOORS/WINDOWS) STONE 45 SF 22.1 % HARDIE SIDING / TRIM 16,3 SF 173 % GLAZING 45 SF EXCLUDED SIDE ELEVATION (SOUTH) 1/4" = 1-0" FACADE MATERIAL PERCENTAGES (EXCLUDING DOORS/WINDOWS) STONE 105 SF 35.4 % HARDIE SIDING / TRIM 116, SF 6,2.E % GLAZING 73 SF EXCLUDED CARIBOU COFFEE COMPANY DRIVE-THRU ONLY STORE [V GO IC) Lc] Z 2 W J J_ Z ❑ < J Z mo J U' w Z _ 2 U] V) Q w J 7_ a EXTERIOR ELEVATIONS COFFEE Caribou Coffee Company 3900 Lakebreeze Ave N Brooklyn Center, MN 55429 DATE ISSUED SITE PLAN APPROVAL 05-27-2022 DRAWN BY CE CHECKED BY CS JOB NO. PROJECT LOCATION: 21165 STILLWATER, MN A-200 2'-1 3/4" 2'-1 3/4" • . • : DUMPSTER #1 8 YD DUMPSTER 7'-0"W x 6'-6"L x 6'-6" T (TRUCK PICK-UP TYPE) `4 / 11'-3 1/2" T-0" / / : • : DUMPSTER *2 3 YD DUMPSTER T-0"W x 3'-6"L x 5'-9" T (WHEELED``) TYPE) Si ' ; 0 LO 1 \ O FINAL DUMPSTER TYPE, SIZING AND LAYOUT TO BE DETERMINED WITH OWNER IN COORDINATION WITH LOCAL WASTE COLLECTION COMPANY • • • • / DUMPSTER *1 4 YD DUMPSTER T-0"W x 4'-3"L x 5'-3" T (TRUCK PICK-UP TYPE) 11'-3 1/2" = , / • . • DUMPSTER #2 3 YD DUMPSTER T-0"W x 3'-6"L x 5'-9" T (WHEELED``� TYPE) Si ; O 0 Ili) \ O I IX EXAMPLE DUMPSTER LAYOUTS 1/4"=1'-0" 5'-- 1/2" 1/2" I 5 1/2" —I FRONT EQUALLY SPACE FULL WIDTH TREX BOARDS ONTO SUB -FRAMING (TYP.) AS SHOWN. DO NOT CUT TREX BOARDS ALONG LENGTH TO FIT ON SUBFRAMING L REAR j -a Li SIDE WITH MAN DOOR 1 1- F i A 4 7LATCH DETAIL 1 3/4"x3/8" STL. FLAT BAR I" DIA, ROUND BAR 1 I/2 "xl/4" FLAT BAR 5/8" DIA. STL. CANE BOLT/ROUND BAR W/ 5/8" PIPE SLEEVES FOR BAR GUIDES STAINLESS STEEL CANE BOLT RECEIVER IN CONCRETE HOLE VERIFY SIZE WITH CANE BOLT RECEIVER MANUFACTURER 1 "=1'-0" HSS 4x4x3/16 COLUMN I/2" PLATE (4) 1/2"d, X 6" SIMPSON TITEN HD ANCHORS INTO CONCRETE SLAB THICKENED EDGE SEE 6/A-400 r •--• —1 I 1 1-1 SIDE BASE PLATE II LINE OF TREX BOARDS ABOVE TYPICAL EDGE X DISTANCE 3"=1'-0" 1CRETE FILLED STEEL LLARD WITH 1/4" HIELD" BOLLARD \l CARIBOU COFFEE SUMATRA" W/ DOME -TOP FINISH ON JOINT S,RIBOU COFFEE SUMATRA" TO MATCH WILLIAMS PAINT iW 6486 ING FOOL as a POURED CONCRETE FOOTING OR AS REQUIRED B'' CODE 1'-8" 6. METAL COLLAR TO FIT OVER 6"O POST GREASE AREA BETWEEN POST AND HINGE STEEL ANGLE FRAME 2x6 TREATED NAILER TREX BOARD WELD TO FRAME —ALEMITE 1610-15L HYDRAULIC GREASE FITTING, DRILL 4 TAP HOLE (TYP, 6 PLACES) DOMED GONG TOP 2x6 TREATED NAILER (TYP. OF 3) NOTE: PROVIDE FASTENERS THAT ARE COMPATIBLE WITH TREATED WOOD AND TREX BOARD (TYP.) STEEL ANGLE FRAME METAL COLLAR TYP. WELD BOTTOM COLLAR TO POST, BOLT TOP COLLAR TO GUARD POST CHINGE DETAILS 1 -1-0 r L DOMED CONC. TOP SLOPE TOP 4 as DIA. CONC. FILLED STEEL E POST POURED CONCRETE FOOTING e GATE POST Q 0 0 N 0 1' -8" TYP. GATE POST DETAIL 1"=1'-0" CONTINUOUS TREATED 2x6 WITH (2) 1/4" - 20x3" WOOD TO METAL SCREWS. SCREW FINISH/COATING TO BE COMPATIBLE WITH TREATED WOOD (3) 1/4x20x3" WOOD TO METAL SCREWS. SCREW FINISH TO BE COMPATIBLE WITH TREATED WOOD CONTINUOUS TREATED 2x10 BUMPER 6" DIA. SURFACE MOUNT BOLLARD, ---- PAINTED SAFETY YELLOW 4x4 HSS COLUMN. SEE PLAN TREX BOARD - COLOR: SADDLE 1 J CONC. SLAB SLOPED I/8" PER FOOT -- SEE PLAN REINFORCED THICKENED EDGE W/ (4) *4 IHORIZ. BARS 1� A r a <t z 24" MIN_ 6" CONCRETE SLAB/APRON OVER 6" GRANULAR FILL REINFORCE SLAB W/ *4 BARS e 16 " O.G. CENTERED IN SLAB (T(P. 6 TRASH ENCLOSURE) HOLE DRILLED INTO — PAVING FOR CANE BOLT RECEIVER TO HOLD DOOR OPEN (ALL DOORS),`` SEE SIMILIAR DETAIL 2 /A - 400 SEE DETAIL 11/A-400 FOR TRASH ENCLOSURE ELEVATIONS 0 4 1/2" SURFACE MOUNT BOLLARD, SEE r- e)/ A - 400 1 1/2" 12'-3" DOUBLE GATE SEE DETAIL 2/A-400 12'-0" MIN. HOLD CLEAR BETWEEN DOOR/GATES IN 90 DEGREE OPEN POSITION 21I 5 -7 1/2" HSS 4x4X3/16 COLUMN, TYP AS SHOWN �-- TREATED 2X10 BUMPER, SEE 6/A-400 HOLES DRILLED INT CONC. SEE 2/4-400 TYP. BASE PLATE 6" CONCRETE SLAB W/ THICKENED EDGE OVER 6" GRANULAR FILL. REINFORCE SLAB W/ *4 BARS 6 I6" O.C. CENTERED IN SLAB (TYP. e TRASH ENCLOSURE) 111-3 1/2" 4'-10 3/4" /1, 4'-10 3/4" 5' -11 1/4" 13'-I1/2" 5' -11 1/4" TRASH ENCLOSURE DOOR: SEE DETAIL 4/A-400 FOR HINGE DETAIL. LATCH: GATEMATE SUFFOLK GATE LATCH - MANUFACTURED BY ABBEY TRADING CONTACT: 1-S00-108-6649 OR APPROVED EQUAL TRASH ENCLOSURE PLAN 1/4"=1'-0" ANGLE FRAME 4 DIAGONAL BRACES (GRIND WELDS 4 CORNERS SMOOTH) PAINT W/2 COATS RUSTOLEUM, COLOR BENJAMIN MOORE: BITTERSWEET CHOCOLATE 2114-10 ALEMITE 1610-15L HYDRAULIC GREASE FITTING (TYP 6 PL) 2x6 TREATED NAILER (TYP. OF 3) TREX BOARDS_ 1" SQUARE EDGE BOARD (1" x 5.5" ACTUAL DIMENSIONS) EQUALLY SPACE FULL WIDTH ON SUB -FRAMING 1/4" MIN. GAP BETWEEN EACH BOARD (TYP.) COLOR: SADDLE i LATCH SEE 1 /A400 7 SEE DETAIL 4/4-400 FOR HINGES PROTECTION BOLLARD - SEE DETAIL 9/A-400 3 1/2" 3 1/2" CANE BOLT RECEIVER / DOOR HOLD OPEN 1'-8" 1/2" r cv 't r m d a as Q 4 4 4 6" DIA. GATE POST SEE DETAIL 5/A-400 CANE BOLTS SEE DETAILS 3/A-400, 1/A-400 STAINLESS STEEL CANE BOLT RECEIVER IN CONCRETE HOLE TYP. GATE DETAIL a HOLES DRILLED INTO CONCRETE FOR STAINLESS STEEL CANE BOLT RECEIVERS - VERIFY SIZE W/ CANE BOLT RECEIVER MANUFACTURER 3/4"=1'-0" 4i O DT LEFT SHELL BUILDING 2001 WASHINGTON AVE, STILLWATER, MN 55082 TRASH ENCLOSURE DETAILS COAA4640U. COFFEE Caribou Coffee Company 3900 Lakebreeze Ave N Brooklyn Center, MN 55429 DATE ISSUED SITE PLAN APPROVAL 05-27-2022 DRAWN BY CE CHECKED BY CS JOB NO. PROJECT LOCATION: 21165 STILLWATER, MN 11 TRASH ENCLOSURE ELEVATIONS 1/4"=1'-0" BOLLARD DETAIL TYP. SECTION 3/4"=1'-0" 4 NOT USED 1 A-400 © 2022 Westwood Professional Services, Inc. N:\0020339.00\DWG\CIVIL\0020339CV.DWG PRELIMINARY DEVELOPMENT PLANS FOR MIKDEN OF STILLWATER STILLWATER, MN PREPARED FOR: MIKDEN OF STILLWATER 434 HALE AVENUE NORTH OAKDALE, MN CONTACT: MICHAEL GIVENS PHONE: 651-968-5845 EMAIL: MICHAELG@MICHAELHOLDINGS.COM PREPARED BY: Westwood Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 westwoodps.com Westwood Professional Services, Inc. PROJECT NUMBER: 0020339.00 CONTACT: SHARI LYNN S. AHRENS SHEET INDEX Sheet Number Sheet Title CO.1 COVER CO.2 OVERALL MASTER SITE PLAN CO.3 PRELIMINARY PLAT C2.0 SITE PLAN (LOT 2 ONLY) C3.0 GRADING & EROSION CONTROL PLAN (LOT 2 ONLY) C5.0 UTILITY PLAN (LOT 2 ONLY) L1.0 LANDSCAPE PLAN SITE Lath Pi v n� j ▪ • ri 40.194 iM1y SMl aws'r, ^ �i..d, 21ti1 RN t Eli Eli Oak Park 11i6 Vicinity Map (NOT TO SCALE) NO. DATE REVISION SHEETS PRELIMINARY DEVELOPMENT PLANS FOR MIKDEN OF STILLWATER STILLWATER, MN INITIAL SUBMITTAL DATE: 05/27/2022 SHEET: C0.1 oC w J J V) u_ 0 z w 0 2 PROJECT NUMBER: 0020339.00 N:\0020339.00\DWG\CIVIL\0020339SP.DWG Rim Elev=936.09 Inv. Elev- M44 (-) Inv. Elev=925.89 (N/ ) Rim E0 v=936.01 Inv. Elev-92j.56 (N/S) m E(ev=935.96 an't open) Rim Elev Inv. Elev= N - 0 9z Inv. Ele Rim Elev=935.00 (full of leaves) A35.87 WA T Inv. Elev=929.62 (W/E) (30" Concrete) 601(S/N) (SAN FOP Rim Elev=935.27 (full of (eaves) VAULT ANDERSON COMMUNICATION Rim Elev=934.49 (full of leaves) m Elev=934.99 =924.99 (N/S) WA T SAN Rim E(ev=93764 FOP FOP OP ) FOP dO J dO J �l Rim `v 9 .26 .n'top�� / VAULT ERSON TIOIJ / Building Height=23.1' Rim E Inv El ev=932.43 v=928.68(S - - • - - FILTRATION BASIN Rim El� Rim lev=933.3 Inv E v=924.37 Rim Elev=934.50 Inv Elev=926.20 (N/E) WA T SAN Rim Elev=936.71 (can't open) Rim E4ev=933.90 (fill' of garbage) OUTLOT A WA T SAN STO FUEL TANK FFE=938.50 Building Height=274' LOT 1 347 PARKING SPACES PbSSIBLE CONFIGURATION OF FUTURE FRONTAGE ROAD 113.0,13.0 Rim Elev=938.64 Inv Elev=935.94 (N)(4 "PVC) Inv. Elev=934.29 (S)(18"concrete) WA T Rim Rev- 938.69- Inv. Elev=932.29 (N/S/E/W) SAN STO 6295F E=935.95 Rim E(ev=933.61 full of leaves) /-1 I A / 1:174T 4ANl / V V L / \SAN Rim Elev=938.15 (car parked on top) r GAS SIGN Rim Elev=933.79 STO Inv. Elev=929.04 (E/lM Rim Elev=933.83 STO (full of leaves/garbage) m Elev=933.43 full of leaves) Rim E(ev=933.51 // (full of leaves) i LOT 3 45 PARKING SPACES FILTRATION BASIN ) L n 4/ f^% / I /Cu WAT L \ l V 5/7+14_ SAN Rim Elev=938.97 Inv Elev=928.67 ) Rim Elev=936.99 Inv Elev=927.94 (N, Rim Elev=938.21 (can't open) Rim Elev- c• ` J 1 WA T SAN r MAIL KIOSK WAT- SAN - 13 SITE LEGEND EXISTING PROPOSED u I I l I I I I• x 0 x Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance PROPERTY LINE LOT LINE SETBACK LINE EASEMENT LINE CURB AND GUTTER TIP -OUT CURB AND GUTTER POND NORMAL WATER LEVEL RETAINING WALL FENCE CONCRETE PAVEMENT CONCRETE SIDEWALK HEAVY DUTY BITUMINOUS PAVEMENT NORMAL DUTY BITUMINOUS PAVEMENT NUMBER OF PARKING STALLS TRANSFORMER SITE LIGHTING TRAFFIC SIGN POWER POLE BOLLARD / POST X 1"=50' 0' 50' 100' 150' NOT FOR CONSTRUCTION DESIGNED: z cc 0 HORIZONTAL SCALE:50' VERTICAL SCALEI0' or 5' INITIAL ISSUE: REVISIONS: C C C C C PREPARED FOR: LLWATER KDEN OF ST 2 SHARI LYNN S. AHRENS 05/27/2022 LICENSE NO. STILLWATER, MN -a 0 0 c 3 co >>m I . pm L � E Z 32V w w Oc Nc O N O IA N Ili W O W rit;ri MMM MONNW A c _O 1 SHEET NUMBER: CO.2 DATE: 05/27/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER 0 -4- V q N:\0020339.00\DWG\CIVIL\0020339PPO Rirrvf Inv. Elev= 926.44' (9E) Inv. Elev S) Rim E/e v= 935.96 (can't open) Rim Elev= 936.01- - - ln v. EIev= 925.56 (N/S) Elev=935.00 / (full of leaves) im = 935.87 WAT 929.62 (W/E) 3 Concrete) S" Elev=930.57 (S/N) Or Concrete) WA Rim Elev=934.99- Inv. Ele v= 924.99 (N/S) 1"=50' 0' 50' 100' 150' A,wGas PUG' PuG-- p FOP FOP FOP t0 `-Rim Elev=935.27 (full of leaves) PID: 3203020340008 MIKDEN OF STILLWATER LLC --Rim Elev=935.40 Inv. Elev=928.60 VAULT ANDEFc ON COMMUNICA TIO N88°4852"W 185.34 im - \o • 't open PUG FOP PID: 3205020430009 MIKDEN OF STILLWATER LLC Rim Elev=933.01-- Inv Elev=926.96(??) Rim EIev= 933.32 -' Inv El e v= 924.37 (N/S) WA T sro-Rim LI P=93/.45 PI it GAS PUG GASPnr. FOP ``-Building Height=23.1' PID: 320302034008 MIKDEN OF STILLWATER LLC - FFE= 938.44 P10: 3203020430010 MIKDEN OF STILLWATER LC - Rim EIe v= 932.43 Inv Elev=9 Con� / 140 Rim Elev=934.50-1 Inv Elev=926.20 (N/E) g roc/n /r AS SIGN PID: 3203020430013 MIKDEN OF STILLWATER LLC m Elev=93'.9 v Elev=928.6 W/S) Rim Eti Inv Ele v= 936.9 = 92 /. Y4 -Rim Ele v= 938.21 i (can't open) Rim Elev=938.64� Inv Elev=935.94 (N)(4'PVC) '\ Inv. Elev-934 29-(-�t(1.8"concrete) 938 7 Rim Elev.9 v. EIev 2.29 (N/S/E/W) �-FUEL TANK FFE= 938.50 �-Building Height=27.4' PID: 3203020430011 MIKDEN OF STILLWATER LLC EXISTING BUILDING BLOCK Rim EIe v= 933.61 (full of leaves) `\ `-WA TER ELEV. = 927.08 (Field Iocoted 11/02/2018) WAT/ T/lIA/r-L) 939 - ' Elev=938.15 - (cor . orked on top) Rim Ele v= 933.79 j/i • 9.04 E/W) -Rim EIe v= 933.83 (full of leaves/garbage) eer PID: 3203020430012 MIKDEN OF STILLWATER LLC -Kim Lie=933.4,' r (full of I; aves) N -Rim EIev33.51 PID: 3203020430022 CITY OF STILLWATER 88° 0'3 39.70 L. WA T S00°18'02"E 474.46 SAN P10: 3203020430039 HABERMAN LLP MAIL KIOSK PID: 3203020430026 DS HOSPITALITY 13 SAN 20' Utility---,, Easement per Doc No. 773-A `\`\ LOT AREA CHART LEGAL DESCRIPTION LOT AREA (ACRE) LOT 1 7.29 AC. LOT 2 0.56 AC. LOT 3 1.24 AC. OUTLOT A 0.43 AC. TOTAL 9.52 AC. PROPERTY DESCRIPTION Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: I Lots 2, 3, 4, 5, 6, and 7, Block 1, Matt HooleyAddition, Washington County, Minnesota. (Abstract Property) L L SURVEYOR'S NOTES 1. This survey was prepared with the benefit of Title Commitment No. NCS-934995-MPLS, prepared by First American Title Insurance Company having an effective date of October 30, 2018 at 8:00 AM. 2. Subject property contains 414,712 Sq. Ft. or 9.52 acres. 3. Existing conditions are based on fieldwork conducted by Westwood Professional Services on November 2, 2018 and as shown on ALTA/NSPS Land Title Survey Westwood project number 0020339.00 dated November 19, 2018. 4. Subject property appears to be calassified as Zone X when scaled from Flood Insurance Rate Map Community - Panel Number 27163CO262E 5. Zoning information not provided by Client. 6. Coordinate system is Washington County, NAD 83 1986 Adj. LEGEND GAS FOP PUG SAN STO WAT GAS UNDERGROUND FIBER OPTIC UNDERGROUND POWER UNDERGROUND SANITARY SEWER STORM SEWER WATERMAIN VICINITY MAP BOUNDARY LINE RIGHT-OF-WAY LINE PROPOSED LOT LINE EASEMENT LINE SECTION LINE (NOT TO SCALE) ad W Off i:eA.1 i Target W Frontage Rd v'irdiiS at Y4 Sec 32 o- T3O R20W --- Tower Dry.; SITE Narthwei:lrrr Av. S <04 0. Blvd W En1,1 S h N 6111h Si N z hforwrch Ave Id DESIGNED: 0 Y V uu 0 z 0 HORIZONTAL SCALE:50' VERTICAL SCALEI0' or 5' INITIAL ISSUE: REVISIONS: C C C C C PREPARED FOR: LLWATER KDEN OF ST 2 05/27/2022 LICENSE NO. STILLWATER, MN 0 0 m a) 3 co >co co -Le'E �Zs 32 cri 1S is w o Oc C 2 O N 0 LA N LA O - LO LO 1.0 01 01 0) m m m rnrnrn 0)rnC SHEET NUMBER: CO.3 DATE: 05/27/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER rzs L v 0 0 0 a N N 0 N:\0020339.00\DWG\CIVIL\0020339SP02.DWG Rim Elev=9 2.43 Inv Elev=92:.68(SW)(18" Concrete) Rim Elev=933.01 Inv Elev=926.96(??) Rim Ele =933.32 Inv Elev= 24.37 (N/S) tD \\ 11 EMI llV1S aV3HV N34210 11VJS 4V3HV J3a210 llVlS COFFEE 629 SF I FFE = 935.85 Rim Elev=933.61 (full of leaves) 32.30' sr0 4376), FUTURE DEVELOPMENT Rim Elev=933.43 (full of leaves) Rim (full El SITE DETAILS (SI-OXX) 1 B612 CURB AND GUTTER 2 FLUSH CURB 8 CONCRETE SIDEWALK 9 PRIVATE PEDESTRIAN CURB RAMP 13 TRAFFIC ARROW 15 HANDICAP ACCESSIBLE SIGNAGE AND STRIPING 18 BOLLARD 19 PAVEMENT SECTIONS 21 HEAVY DUTY CONCRETE 24 CONCRETE CURB AT SIDEWALK 0 SITE KEYNOTES A B C D E F G H J K L M N P Q R S T TRASH ENCLOSURE - SEE ARCH PLANS TRANSFORMER LOCATION DRIVE THRU MENU BOARDS - SEE ARCH PLANS DRIVE THRU CLEARANCE BAR - SEE ARCH PLANS BIKE RACKS - SEE ARCH PLANS TIP OUT CURB AND GUTTER PATIO FURNITURE - SEE ARCH PLANS FILTRATION BASIN AIR CONDITIONING UNIT - SEE ARCH PLANS FENCE - SEE ARCH PLANS SAWCUT LINE - MATCH EXISTING PAVEMENT WAIT STALL SIGN - SEE SIGNAGE PLANS NOT USED TRANSITION CURB TO FLUSH MATCH EXISTING CURB REMOVE EX. LIGHT POLE PROPOSED LIGHT POLE - SEE PHOTOMETRIC PLAN FUTURE LIGHT POLE - SEE PHOTOMETRIC PLAN SITE LEGEND EXISTING PROPOSED • I i i i i i i• x 0 x GENERAL SITE NOTES Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance PROPERTY LINE LOT LINE SETBACK LINE EASEMENT LINE CURB AND GUTTER TIP -OUT CURB AND GUTTER POND NORMAL WATER LEVEL RETAINING WALL FENCE CONCRETE PAVEMENT CONCRETE SIDEWALK HEAVY DUTY BITUMINOUS PAVEMENT NORMAL DUTY BITUMINOUS PAVEMENT NUMBER OF PARKING STALLS TRANSFORMER SITE LIGHTING TRAFFIC SIGN POWER POLE BOLLARD / POST 1. BACKGROUND INFORMATION FOR THIS PROJECT PROVIDED BY WESTWOOD PROFESSIONAL SERVICES. 2. LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THIS PLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES ARE FOUND, THE ENGINEER SHOULD BE NOTIFIED IMMEDIATELY. 3. REFER TO BOUNDARY SURVEY FOR LOT BEARINGS, DIMENSIONS AND AREAS. 4. ALL DIMENSIONS ARE TO FACE OF CURB OR EXTERIOR FACE OF BUILDING UNLESS OTHERWISE NOTED. 5. REFER TO ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS AND LOCATIONS OF EXITS, RAMPS, AND TRUCK DOCKS. 6. ALL CURB RADII ARE SHALL BE 3.0 FEET (TO FACE OF CURB) UNLESS OTHERWISE NOTED. 7. ALL CURB AND GUTTER SHALL BE B612 UNLESS OTHERWISE NOTED. 8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGGERS AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE CITY AND ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MNDOT STANDARDS. 9. BITUMINOUS PAVEMENT AND CONCRETE SECTIONS TO BE IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER. 10. CONTRACTOR SHALL MAINTAIN FULL ACCESS TO ADJACENT PROPERTIES DURING CONSTRUCTION AND TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES. 11. SITE LIGHTING SHOWN ON PLAN IS FOR REFERENCE ONLY. REFER TO LIGHTING PLAN PREPARED BY OTHERS FOR SITE LIGHTING DETAILS AND PHOTOMETRICS. SITE DEVELOPMENT SUMMARY • EXISTING ZONING: • PROPOSED PARCEL DESCRIPTION: • PROPERTY AREA: • PERVIOUS SURFACE: • IMPERVIOUS SURFACE(RATIO): • BUILDING GROSS SIZE: • BUILDING SETBACK PER CODE: BPC, BUSINESS PARK COMMONS LOT 2, BLOCK 1, MATT HOOLEY 2ND ADDITION 24,394 SF (0.56 AC) 9,850 SF (40.4%) 14,544 SF (59.6%) 629 SF 40'=FRONT 20'=SIDE 30'=REAR • PARKING SETBACK: 15'=ROW 10'=PROPERTY LINE • PARKING SPACE/DRIVE AISLE: 9' WIDE X 18' LONG, 24' AISLE • PARKING PROVIDED: 10 1"=20' 0' 20' 40' 60' NOT FOR CONSTRUCTION DESIGNED: 0 Y 0 z cc 0 HORIZONTAL SCALE:20' VERTICAL SCALE: 4' or 2' INITIAL ISSUE: REVISIONS: C C C C C PREPARED FOR: LLWATER KDEN OF ST 2 SHARI LYNN S. AHRENS 05/27/2022 LICENSE NO. 21,7, STILLWATER, MN -a O N O IA N U) WOW MOM NNW MOW SHEET NUMBER: C2.0 DATE: 05/27/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER © 2022 Westwood Professional Services, Inc. N:\0020339.00\DWG\CIVIL\0020339GD.DWG Rim Elev9 Inv Elev=9 Elev=933.01 =92 Rim Ele 933.32 Inv Elev= 24.37 (N/S) 68(SW)(1 GRADING NOTES Concre) 935.72 91 g36 935.74 I 934.50 933 934 936- 935 934 933 936.07 SF 935.12 SF 935.50 932J 931 • 930-- 929- 1 LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THIS PLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED IMMEDIATELY IF ANY DISCREPANCIES ARE FOUND. 2. CONTRACTORS SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULE, SLOPED PAVEMENT, EXIT PORCHES, RAMPS, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS, EXACT BUILDING UTILITY ENTRANCE LOCATIONS, AND EXACT LOCATIONS AND NUMBER OF DOWNSPOUTS. 3. ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITION OF "STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION AND BACKFILL/SURFACE RESTORATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA. 4. ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE SIX INCHES OF TOPSOIL AND SOD OR SEED. THESE AREAS SHALL BE WATERED UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. SEE LANDSCAPE PLAN FOR PLANTING AND TURF ESTABLISHMENT. 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MNDOT STANDARDS. 6. ALL SLOPES SHALL BE GRADED TO 3:1 OR FLATTER, UNLESS OTHERWISE INDICATED ON THIS SHEET. 7. CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING AND PROVIDE A SMOOTH FINISHED SURFACE WITH UNIFORM SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN OR BETWEEN SUCH POINTS AND EXISTING GRADES. 8. SPOT ELEVATIONS SHOWN INDICATE FINISHED PAVEMENT ELEVATIONS & GUTTER FLOW LINE UNLESS OTHERWISE NOTED. PROPOSED CONTOURS ARE TO FINISHED SURFACE GRADE. 9. SEE SOILS REPORT FOR PAVEMENT THICKNESSES AND HOLD DOWNS. 10. CONTRACTOR SHALL DISPOSE OF ANY EXCESS SOIL MATERIAL THAT EXISTS AFTER THE SITE GRADING AND UTILITY CONSTRUCTION IS COMPLETED. THE CONTRACTOR SHALL DISPOSE OF ALL EXCESS SOIL MATERIAL IN A MANNER ACCEPTABLE TO THE OWNER AND THE REGULATING AGENCIES. 11. CONTRACTOR SHALL PROVIDE A STRUCTURAL RETAINING WALL DESIGN CERTIFIED BY A LICENSED PROFESSIONAL ENGINEER. 934.50 ► SF L L. 934.75 SF 936.00 11V1S 11V1S GV HV GV3HV 213GHO H342H0 936 11V1S _UV M 935.35 935.23 Rim Elev=933.61 (full of leaves) 935.95 12. ALL CONSTRUCTION SHALL CONFORM TO LOCAL, STATE AND FEDERAL RULES INCLUDING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. 13. PRIOR TO PLACEMENT OF ANY STRUCTURE OR PAVEMENT, A PROOF ROLL, AT MINIMUM, WILL BE REQUIRED ON THE SUBGRADE. PROOF ROLLING SHALL BE ACCOMPLISHED BY MAKING MINIMUM OF 2 COMPLETE PASSES WITH FULLY -LOADED TANDEM -AXLE DUMP TRUCK, OR APPROVED EQUAL, IN EACH OF 2 PERPENDICULAR DIRECTIONS WHILE UNDER SUPERVISION AND DIRECTION OF THE INDEPENDENT TESTING LABORATORY. AREAS OF FAILURE SHALL BE EXCAVATED AND RE -COMPACTED AS SPECIFIED HEREIN. 14. EMBANKMENT MATERIAL PLACED BENEATH BUILDINGS AND STREET OR PARKING AREAS SHALL BE COMPACTED IN ACCORDANCE WITH THE SPECIFIED DENSITY METHOD AS OUTLINED IN MNDOT 2105.3F1 AND THE REQUIREMENTS OF THE GEOTECHNICAL ENGINEER. 15. EMBANKMENT MATERIAL NOT PLACED IN THE BUILDING PAD, STREETS OR PARKING AREA, SHALL BE COMPACTED IN ACCORDANCE WITH REQUIREMENTS OF THE ORDINARY COMPACTION METHOD AS OUTLINED IN MNDOT 2105.3F2. 16. ALL SOILS AND MATERIALS TESTING SHALL BE COMPLETED BY AN INDEPENDENT GEOTECHNICAL ENGINEER. EXCAVATION FOR THE PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE GEOTECHNICAL ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS TESTS AND INSPECTIONS WITH THE GEOTECHNICAL ENGINEER. 935.36 935.20 tri Elev=933.43 Ill of leaves) Rim (full GRADING LEGEND EXISTING STO WAT SAN • 90C SB-19 O PROPOSED - 98o - 982 SF TPF x 900.00 0.00% TW=XXX.XX BW=XXX.XX PROPERTY LINE INDEX CONTOUR INTERVAL CONTOUR CURB AND GUTTER POND NORMAL WATER LEVEL STORM SEWER FLARED END SECTION (WITH RIPRAP) WATER MAIN SANITARY SEWER RETAINING WALL BIOROLL RIDGE LINE SILT FENCE TREE PROTECTION FENCE SPOT ELEVATION FLOW DIRECTION TOP AND BOTTOM OF RETAINING WALL E.O.F-< ♦ EMERGENCY OVERFLOW SOIL BORING LOCATION ROCK CONSTRUCTION ENTRANCE INLET PROTECTION SB-19 GENERAL EROSION CONTROL NOTES Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance 1. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND LIMITED MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION SHALL NOT BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR SHALL VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION AND NOTIFY THE OWNER OR ENGINEER OF DISCREPANCIES. 2. ALL SILT FENCE AND OTHER EROSION CONTROL FEATURES SHALL BE IN -PLACE PRIOR TO ANY EXCAVATION/CONSTRUCTION AND SHALL BE MAINTAINED UNTIL VIABLE TURF OR GROUND COVER HAS BEEN ESTABLISHED. EXISTING SILT FENCE ON -SITE SHALL BE MAINTAINED AND OR REMOVED AND SHALL BE CONSIDERED INCIDENTAL TO THE GRADING CONTRACT. IT IS OF EXTREME IMPORTANCE TO BE AWARE OF CURRENT FIELD CONDITIONS WITH RESPECT TO EROSION CONTROL. TEMPORARY PONDING, DIKES, HAYBALES, ETC., REQUIRED BY THE CITY SHALL BE INCIDENTAL TO THE GRADING CONTRACT. 3. EROSION AND SILTATION CONTROL (ESC): THE CONTRACTOR SHALL ASSUME COMPLETE RESPONSIBILITY FOR CONTROLLING ALL SILTATION AND EROSION OF THE PROJECT AREA. THE CONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO CONTROL THE EROSION AND SILTATION INCLUDING BUT NOT LIMITED TO: CATCH BASIN INSERTS, CONSTRUCTION ENTRANCES, EROSION CONTROL BLANKET, AND SILT FENCE. ESC SHALL COMMENCE WITH GRADING AND CONTINUE THROUGHOUT THE PROJECT UNTIL ACCEPTANCE OF THE WORK BY THE OWNER. THE CONTRACTOR'S RESPONSIBILITY INCLUDES ALL IMPLEMENTATION AS REQUIRED TO PREVENT EROSION AND THE DEPOSITING OF SILT. THE OWNER MAY DIRECT THE CONTRACTOR'S METHODS AS DEEMED FIT TO PROTECT PROPERTY AND IMPROVEMENTS. ANY DEPOSITION OF SILT OR MUD ON NEW OR EXISTING PAVEMENT OR IN EXISTING STORM SEWERS OR SWALES SHALL BE REMOVED AFTER EACH RAIN EVENT. AFFECTED AREAS SHALL BE CLEANED TO THE SATISFACTION OF THE OWNER, ALL AT THE EXPENSE OF THE CONTRACTOR. ALL TEMPORARY EROSION CONTROL SHALL BE REMOVED BY THE CONTRACTOR AFTER THE TURF IS ESTABLISHED. 4. ALL STREETS DISTURBED DURING WORKING HOURS MUST BE CLEANED AT THE END OF EACH WORKING DAY. A CONSTRUCTION ENTRANCE TO THE SITE MUST BE PROVIDED ACCORDING TO DETAILS TO REDUCE TRACKING OF DIRT ONTO PUBLIC STREETS. 5. WHEN INSTALLING END -OF -LINE FLARED END SECTIONS, BRING THE SILT FENCE UP & OVER THE FLARED END SECTIONS & COVER DISTURBED AREAS WITH RIP RAP. THE UPSTREAM FLARED END SECTIONS SHALL HAVE WOOD FIBER BLANKET INSTALLED ON THE DISTURBED SOILS. 6. ALL UNPAVED AREAS ALTERED DUE TO CONSTRUCTION ACTIVITIES MUST BE RESTORED WITH SEED AND MULCH, SOD, EROSION CONTROL BLANKET OR BE HARD SURFACE WITHIN 2 WEEKS OF COMPLETION OF CONSTRUCTION. 7. THE SITE MUST BE STABILIZED PER THE REQUIREMENTS OF THE MPCA, NPDES, MNDOT, AND CITY. A. TEMPORARY (GREATER THAN 1-YEAR) SEED SHALL BE MNDOT SEED MIX 22-111 AT 30.5-POUNDS PER ACRE. B. TEMPORARY (LESS THAN 1-YEAR) SEED SHALL BE MNDOT SEED MIX 21-112 (FALL) OR 21-111 (SPRING/SUMMER) AT 100-POUNDS PER ACRE C. GENERAL SEEDING SHALL BE MNDOT SEED MIX 25-151 AT 70-POUNDS PER ACRE. D. MULCH SHALL BE MNDOT TYPE 1 APPLIED AT 2-TONS PER ACRE. 9. FOR AREAS WITH SLOPE OF 3:1 OR GREATER, RESTORATION WITH SOD OR EROSION CONTROL BLANKET IS REQUIRED. 10. ALL TEMPORARY STOCKPILES MUST HAVE SILT FENCE INSTALLED AROUND THEM TO TRAP SEDIMENT. 11. ALL CONSTRUCTION SHALL CONFORM TO LOCAL AND STATE RULES INCLUDING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. 12. THE SITE MUST BE KEPT IN A WELL -DRAINED CONDITION AT ALL TIMES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR TEMPORARY DITCHES, PIPING OR OTHER MEANS REQUIRED TO INSURE PROPER DRAINAGE DURING CONSTRUCTION. LOW POINTS IN ROADWAYS OR BUILDING PADS MUST BE PROVIDED WITH A POSITIVE OUTFLOW. 13. PUBLIC STREETS USED FOR HAULING SHALL BE KEPT FREE OF SOIL AND DEBRIS. STREET SWEEPING SHALL BE CONCURRENT WITH SITE WORK. 14. ALL WORK WITHIN THE CITY R.O.W. MUST CONFORM TO CURRENT CITY STANDARD SPECIFICATIONS. 1" = 20' 0' 20' 40' 60' NOT FOR CONSTRUCTION DESIGNED: u Lu u z Q 0 HORIZONTAL SCALE:40' VERTICAL SCALE: 8' or 4' INITIAL ISSUE: REVISIONS: C C C C PREPARED FOR: LLWATER KDEN OF ST 2 1- O zz w2 zw >Q < w QO m 71- CC W d0 as 0 z 0 w z z0z Q W a-5aa O0 H V W wz aWz w0 >o�o 0 w2v) Za U w W >0JN onLU z W Lu _ 0 0 0 SHARI LYNN S. AHRENS 05/27/2022 LICENSE NO. STILLWATER, MN 0 N 0 U) N U) • CO U, ��t•L m CO m O 0 0 N N CO inV)CO O 000 5 z 0 cc zJ 00 V)I- oz �0 w F- 0 �� J J z 0 z a_ SHEET NUMBER: C3.0 DATE: 05/27/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER © 2022 Westwood Professional Services, Inc. N:\0020339.00\DWG\CIVIL\0020339UT.DWG O0 Rim Elev=9 Inv Elev=92 2.43 .68(SW)(18" Concrete) CORE DRILL CONNECTION TO EX. SAN MH 6"IE=924.75 Rim Elev=933.01 Inv Elev=92..'. Rim Ele 933.32 Inv Elev= 24.37 (N/S) °0 CONNECT TO EX. WM N 0 0 0 SAN. MH 1 RE = 936.22 IE = 926.43 RAIN GUARDIAN-108 RE = 934.50 IE = 933.50 RAIN GUARDIAN-107 RE = 934.50 IE = 933.50 FILTRATION BASIN A BTM = 931.50 100-YR-FIWL 33.40- EXTEND RIPRAP TO BOTTOM OF BASIN FES-104 IE = 932.00 6" PERFORATED DRAIN TILE t 4 141 LF - 6" SAN @ 1.10% 6" WM 1 1 CB-105 RE = 934.75 IE = 932.40 OCS-103 RE = 933.00 IE = 929.85 SAN. MH 2 RE = 935.65 IE = 927.98 HYD & GV 87 LF - 6" S• AN @ 1.10% 67 LF - 12" STM @ 0.5% MH 102 RE = 935.28 IE (N) = 930.50 IE (W,S) = 929.50 Rim Elev=933.61 (full of leaves) CBHM 101 RE = 933.88 IE = 929.26 CONSTRUCT CBMH OVER EXISTING 18" STM CBHM 100 RE = 933.88 IE (W) = 929.00 EX. STORM POND FINISH GRADE SLOPED SUBGRADE SECTION VARIES, SEE GRADING AND LANDSCAPE PLANS 100-YR HWL 933.40 FINISH GRADE 931.50 M ili111111111111111111lili WWI INISH GRADE ANTI-WASH/GEOJUTE EROSION CONTROL FABRIC(MN/DOT 3883, TYPE 2) ON SIDESLOPES OF 3H:1V OR GREATER. ANCHOR FABRIC WITH SOD STAPLES AND PROVIDE 4" OVERLAP. TRENCH EDGES OF FABRIC TO PREVENT UNDERCUT. COVER WITH 4" DEPTH SHREDDED HARDWOOD MULCH THROUGHOUT. 18" DEPTH PLANTING SOIL MIX, UNCOMPACTED IN 6" LIFTS AND TILL 6" DEPTH INTO NATIVE SOILS. - 70% SAND, (5% PASSING THE #200 SIEVE, AND A MAXIMUM OF 60% PASSING THE #40 SIEVE.) - 30% ORGANIC (PEAT MOSS, HYPNUM OR SPHAGNUM) 1 CLAY LINER WITH MAX PERMEABILITY OF 1 X 10-6 cm/sec LINE BASIN TO 933.0 6" PVC SLOTTED DRAINTILE, ELEVATION MAY VARY IN AGGREGATE COARSE FILTER AGGREGATE (MNDOT 3149.2H) PRE-TREATMENT NOTES: 1. IF NO PRE-TREATMENT STORM STRUCTURE OR SUMP IS IDENTIFIED, PROVIDE SEDIMENT BASIN AT ALL INLETS WITH RIP RAP. VERIFY BASIN SIZE(3'X5'X1' DEEP MIN.) AND RIP RAP TYPE PER PLAN, AND/OR WITH ENGINEER/LANDSCAPE ARCHITECT. FINISH GRADE 3•� DRAINTILE/OVERFLOW SECTION L i 3.1 DRAINTILE WITH POSITIVE DRAINAGE, CONNECT TO STORM SEWER OVERFLOW STORM SEWER MANHOLE OR CATCH BASIN. SEE STORM SEWER PLAN DRAINTILE VALVE IN STORM STRUCTURE, NOTES: 1. USE LOW IMPACT EARTH MOVING EQUIPMENT WITHIN THE BASIN AREA TO AVOID COMPACTION OF THE SOILS UNDER THE FILTRATION SYSTEM. 2. FINAL EXCAVATION OF THE FILTRATION BASIN AND INSTALLATION/INCORPORATION OF SOIL -MEDIA MIX MUST OCCUR IN DRY SOIL CONDITIONS TO PREVENT SMEARING AND COMPACTION. DO NOT WORK IN FILTRATION BASIN IF SOIL CONDITIONS ARE WET. 3. CARE MUST BE TAKEN TO AVOID CONTAMINATION OF SOIL MEDIA MIX WITH SEDIMENT, IN -SITU OR TOPSOIL DURING AND AFTER INSTALLATION. MATERIALS MUST BE SEGREGATED. 4. .DO NOT USE LOADER WITHIN THE BASIN TO EXCAVATE OR LACE SOIL AMENDMENT. LEVELING AND FINAL GRADING WITHIN THE BASIN MUST BE COMPLETED BY HAND. 5. IMMEDIATELY FOLLOWING BASIN CONSTRUCTION, THE BOTTOM AND SIDE SLOPES OF THE BASIN SHALL BE FULLY STABILIZED. TEMPORARY SILT FENCE SHALL BE INSTALLED AT THE TOP OF THE INFILTRATION BASIN SIDE -SLOPE AND AS REQUIRED AT THE BOTTOM OF THE SIDE -SLOPE OF THE INFILTRATION BASIN PERIMETER. EROSION CONTROL BLANKET ALONG SIDES AND BOTTOM. TEMPORARY EROSION CONTROL TO REMAIN UNTIL THE DRAINAGE AREA IS STABILIZED WITH FINAL IMPROVEMENTS. 6. FILTRATION RATE OF RAIN GARDEN TO BE DRY WITHIN 48 HOUR PERIOD. 7. SEE LANDSCAPE PLAN FOR ADDITIONAL INFO ON MULCH AND PLANTINGS. 8. CONTRACTOR SHALL SUBMIT PRODUCT INFO/SAMPLE FOR APPROVAL PRIOR TO INSTALLATION INVOLVING: SOIL, DRAINTILE, AGGREGATE, FILTER FABRIC, AND EROSION CONTROL FABRIC. N.T.S. Westwood TYPICAL FILTRATION / RAIN GARDEN LAST REVISED: 05/26/22 GD37 DOWN SPOUT IE = 931.85 IE = 931.35 39 LF - 8" ?VC @2.0% JJ 4 6" SAN. STUI IE = 928'94 6" WM STU 6" GV Rim Elev=933.43 (full of leaves) EX. IE = 928.46 (PER RECORD PLAN) Rim Elev. (full of lec EX. FES 925.75 (PER RECORD PLAN) UTILITY LEGEND EXISTING PROPOSED SAN FM STO WAT FM PO PO WAT CD I} GAS PUG POH TUG TOH FO CTV DT GAS PUG POH TOH TOH FO CTV GENERAL UTILITY NOTES PROPERTY LINE EASEMENT LINE CURB AND GUTTER SANITARY SEWER SANITARY SEWER FORCE MAIN STORM SEWER WATER MAIN HYDRANT GAS UNDERGROUND ELECTRIC OVERHEAD ELECTRIC UNDERGROUND TELEPHONE OVERHEAD TELEPHONE TELEPHONE FIBER OPTIC CABLE TELEVISION DRAIN TILE GATE VALVE FLARED END SECTION (WITH RIPRAP) LIGHT POLE Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance 1. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND LIMITED MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION SHALL NOT BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR SHALL VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION AND NOTIFY THE OWNER OR ENGINEER OF DISCREPANCIES. 2. ALL SANITARY SEWER, STORM SEWER AND WATER MAIN MATERIAL AND INSTALLATIONS SHALL BE PER CITY REQUIREMENTS, MINNESOTA PLUMBING CODE, AND IN ACCORDANCE WITH THE CURRENT EDITION OF "STANDARD SPECIFICATIONS FOR WATER MAIN AND SERVICE LINE INSTALLATION AND SANITARY SEWER AND STORM SEWER INSTALLATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL OBTAIN THE NECESSARY FEDERAL, STATE AND LOCAL PERMITS FOR THE PROPOSED WORK OR VERIFY WITH THE OWNER OR ENGINEER THAT PERMITS HAVE BEEN OBTAINED. PERMIT FEES SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNLESS OTHERWISE ARRANGED WITH THE OWNER. 4. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATION AND DIMENSIONS OF DOORWAYS, RAMPS, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY CONNECTION LOCATIONS. 5. ALL PRIVATE UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE SPECIFICATIONS OF THE APPROPRIATE UTILITY COMPANY. THE CONTRACTOR SHALL COORDINATE THE SERVICE LINE CONSTRUCTION WITH THE UTILITY COMPANIES. 6. CONTRACTOR SHALL OBTAIN ALL NECESSARY CITY PERMITS FOR UTILITY CONNECTIONS, AND UTILITIES SHALL BE INSPECTED AND APPROVED BY THE CITY. THE CITY SHALL BE NOTIFIED 48-HOURS PRIOR TO COMMENCING WITH THE UTILITY CONSTRUCTION OR ANY REQUIRED TESTING. CONTRACTOR SHALL NOT OPERATE, INTERFERE WITH, CONNECT ANY PIPE OR HOSE TO, OR TAP ANY WATER MAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BY THE CITY. ANY ADVERSE CONSEQUENCES OF SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE TO BE THE RESPONSIBILITY OF THE CONTRACTOR. 7. WATER MAIN LENGTHS AS SHOWN ARE APPROXIMATE HORIZONTAL LENGTHS. ALLOW FOR ADDITIONAL PIPE WHEN INSTALLING ON SLOPES OR WHEN DEFLECTIONS ARE REQUIRED. THE JOINT DEFLECTIONS SHALL NOT EXCEED THE MAXIMUM RECOMMENDED BY THE PIPE MANUFACTURER OR BY LOCAL GOVERNING SPECIFICATIONS. FITTINGS REQUIRED TO CONSTRUCT WATER MAIN SHALL BE INCLUDED IN WATER MAIN CONSTRUCTION. 8. PROVIDE WATER MAIN THRUST RESTRAINTS PER CITY STANDARD REQUIREMENTS. 9. A MINIMUM VERTICAL SEPARATION OF 18 INCHES IS REQUIRED AT ALL WATER LINE CROSSINGS WITH SANITARY SEWER OR STORM SEWER. THE WATER LINE SHALL NOT HAVE JOINTS OR CONNECTION WITHIN 10-FEET OF THE CROSSING. INSULATE CROSSINGS WITH STORM SEWER. 10. UTILITY SERVICES TYPICALLY TERMINATE 5' OUTSIDE BUILDING WALL UNLESS OTHERWISE SHOWN OR NOTED. 11. DUCTILE IRON WATER LINES SHALL BE CLASS 52, PER AWWA C115 OR C151. COPPER WATER LINES SHALL BE TYPE K PER ASTM B88. PVC WATER LINES SHALL BE PER AWWA C900 AND INSTALLED PER AWWA C605 IF ALLOWED BY CITY. 12. ALL WATER LINES SHALL HAVE 8' MINIMUM COVER. INSULATE WATER MAIN IF LESS THAN 8' OF COVER. INSULATION SHALL BE DOW STYROFOAM HI BRAND 35 OR EQUIVALENT, WITH 4 INCHES OF THICKNESS. 13. SANITARY SEWER PIPE OUTSIDE THE BUILDING ENVELOPE SHALL BE POLYVINYL CHLORIDE (PVC) SDR 35 OR 26. SDR 26 IS REQUIRED FOR DEPTHS GREATER THAN 15 FEET. SANITARY SEWER PIPE WITHIN 5 FEET OF THE BUILDING AND UNDER FOOTINGS SHALL BE SCHEDULE 40 PER ASTM D2665. ALL PLASTIC SANITARY SEWER SHALL BE INSTALLED PER D2321. SOLVENT WELD JOINTS MUST INCLUDE USE OF A PRIMER WHICH IS OF A CONTRASTING COLOR TO THE PIPE AND CEMENT. ALL SANITARY SEWER SHALL BE TESTED ACCORDING TO MINNESOTA PLUMBING CODE, PART 712.0. 14. STORM SEWER PIPE: A. RCP AND HDPE PIPE MAY BE INSTALLED WITH APPROVAL OF LOCAL GOVERNING AGENCY. B. REINFORCED CONCRETE PIPE SHALL BE CLASS 5 FOR PIPE DIAMETERS 18" AND SMALLER, CLASS 3 FOR PIPE DIAMETERS 21" AND LARGER UNLESS OTHERWISE NOTED, PER ASTM C76, WITH GASKETS PER ASTM C443. C. HDPE STORM PIPE 4- TO 10-INCHES IN DIAMETER SHALL MEET REQUIREMENTS OF AASHTO M252. HDPE STORM PIPE 12- TO 60-INCHES IN DIAMETER SHALL MEET REQUIREMENTS OF ASTM F2306. FITTINGS SHALL BE PER ASTM D3212 AND INSTALLED PER ASTM D2321. D. PVC STORM SEWER PIPE AND FITTINGS SHALL BE SCHEDULE 40 PIPE PER ASTM D2665 AND INSTALLED PER ASTM D2321. E. CORRUGATED METAL PIPE (CMP) FOR SIZES 18- TO 120-INCH AND MUST MEET ASTM A760 OR ASTM A796 AND BE INSTALLED PER ASTM A798. CMP MAY NOT BE INSTALLED WITHIN 10-FEET OF A WATERMAIN, WATER SERVICE, OR A BUILDING. F. ALL STORM SEWER JOINTS AND STRUCTURE CONNECTIONS SHALL BE GASTIGHT OR WATERTIGHT AS REQUIRED BY MINNESOTA PLUMBING CODE, PART 707.3. STORM SEWER LOCATED WITHIN 10-FEET OF A BUILDING AND/OR WATER LINE SHALL BE TESTED PER MINNESOTA PLUMBING CODE, PART 712. 15. ALL NONCONDUCTIVE PIPE SHALL BE INSTALLED WITH A LOCATE (TRACER) WIRE PER MINNESOTA RULES, PART 7560.0150. 16. AFTER CONSTRUCTION IS COMPLETED, THE CONTRACTOR SHALL PROVIDE THE OWNER WITH AN AS -BUILT RECORD OF UTILITY CONSTRUCTION. THE AS -BUILT SHALL INCLUDE LOCATION AND LENGTH DEVIATIONS OR CHANGES TO THE PLAN. CONTRACTOR TO VERIFY WITH OWNER OR ENGINEER WHETHER A PLAN WITH POST -CONSTRUCTION ELEVATIONS IS REQUIRED. 17. ALL MANHOLE CASTINGS IN PAVED AREAS SHALL BE SUMPED 0.05 FEET. RIM ELEVATIONS ON PLAN REFLECT THE SUMPED ELEVATIONS. 18. ALL CATCH BASIN CASTINGS IN CURB SHALL BE SUMPED 0.15 FEET AND MANHOLE CASTINGS IN PAVED AREAS SHALL BE SUMPED 0.05 FEET. RIM ELEVATIONS ON PLAN REFLECT THE SUMPED ELEVATIONS. X 1"=20' 0' 20' 40' 60' NOT FOR CONSTRUCTION DESIGNED: 0 Y lJ 0 z cc cc 0 HORIZONTAL SCALE:40' VERTICAL SCALE: 8' or 4' INITIAL ISSUE: REVISIONS: C C C C C PREPARED FOR: LLWATER KDEN OF ST 2 SHARI LYNN S. AHRENS rn r 05/27/2022 LICENSE NO. STILLWATER, MN -a SHEET NUMBER: C5.O DATE: 05/27/2022 MIKDEN OF STILLWATER PROJECT NUMBER: 0020339.00 N:\0020339.00\DWG\CIVIL\0020339LP.DWG 933.32 24.37 (N/S) PLANT SCHEDULE CODE QTY COMMON BOTANICAL NAME SIZE ROOT SPACING OVERSTORY TREE 6 DCE BOL IMH DISCOVERY ELM BOULEVARD LINDEN IMPERIAL HONEYLOCUST ULMUS DAVIDIANA VAR. JAPONICA 'DISCOVERY' TILIA AMERICANA 'BOULEVARD' GLEDITSIA TRIACANTHOS VAR. INERMIS 'IMPCOLE' 2.5" CAL. 2.5" CAL. 2.5" CAL. B&B B&B B&B AS SHOWN AS SHOWN AS SHOWN DECIDUOUS SHRUB 32 JWS DBH ANH DBB JAPANESE WHITE SPIREA DWARF BUSH HONEYSUCKLE ANNABELLE HYDRANGEA DWARF WINGED EUONYMUS SPIRAEA ALBIFLORA DIERVILLA LONICERA HYDRANGEA ARBORESCENS 'ANNABELLE' EUONYUS ALATUS 'COMPACTUS' #5 #5 #5 #5 CONT. CONT. CONT. CONT. 3'-X" O.C. 3'-X" O.C. 4'-X" O.C. 4'-X" O.C. CONIFEROUS SHRUB 38 BNS HMA MJJ BIRD'S NEST SPRUCE HOLMSTRUP ARBORVITAE MINT JULEP JUNIPER PICEA ABIES 'NIDIFORMIS' THUJA OCCIDENTALIS 'HOLMSTRUP' JUNIPERUS CHINENSIS 'MONLEP' #5 #5 #5 CONT. CONT. CONT. 5'-0" O.C. 3'-0" O.C. 5'-0" O.C. PERENNIALS 120 ICD BJ D MNS KFG ICE CARNIVAL DAYLILY BAJA DAYLILY MAY NIGHT SALVIA KARL FOERSTER FEATHER REED GRASS HEMEROCALLIS 'ICE CARNIVAL' HEMEROCALLIS 'BAJA' SALVIA X NEMOROSA 'MAY NIGHT CALAMAGROSTIS X ACUTIFLORA 'KARL FOERSTER' #1 #1 #1 #1 CONT. CONT. CONT. CONT. 18" O.C. 18" O.C. 18" O.C. 24" O.C. ABBREVIATIONS: B&B = BALLED AND BURLAPPED CAL. = CALIPER HT. = HEIGHT MIN. =MINIMUM O.C. = ON CENTER SP. = SPREAD QTY .= QUANTITY CONT. = CONTAINER NOTE: QUANTITIES ON PLAN SUPERSEDE LIST QUANTITIES IN THE EVENT OF A DISCREPANCY. 4 LANDSCAPE LEGEND °0OO+ c(k7c,',) OVERSTORY DECIDUOUS TREE ORNAMENTAL TREE SHRUBS / VINES PERENNIALS EDGER LANDSCAPE KEYNOTES 0 A SHREDDED HARDWOOD MULCH (TYP.) B EDGER (TYP.) C SOD (TYP.) D EXISTING TREE TO REMAIN (TYP.) t. REMOVE CONTAINER, SCARIFY SIDES, AND SET SOIL MASS ON COMPACTED SOIL BASE MOUND, MATCHING SHRUBS NATURAL GROUNDLINE WITH FINISHED GRADE MULCH AS SPECIFIED (AND FILTER FABRIC, AS INDICATED) EDGING AT PLANTING BEDS, AS SPECIFIED, ADJACENT TO LAWN AREAS SCARIFY SIDES AND BOTTOM OF HOLE. DEPTH PER CONTAINER SOIL DEPTH BACKFILL PLANT PIT WITH SPECIFIED PLANTING SOIL OR AS APPROVED SET CONTAINER ROOT SOIL ON UNDISTURBED SUBSOIL OR MILD COMPACTED SOIL FOR DEPTH TO MATCH FINISH GRADE N.T.S. Westwood SHRUB & PERENNIAL CONTAINER PLANTING LAST REVISED: 10/23/18 LA27-C PRUNE OUT MISDIRECTED BRANCHES. PROVIDE ONE CENTRAL LEADER. GUYING AND STAKING, AS REQUIRED, FOR ONE (1) YEAR ON ALL DECIDUOUS AND CONIFEROUS TREES: TOP STAKES 5' ABOVE GROUND (MAX.) OR TO FIRST BRANCH. BOTTOM OF STAKE 3' (MIN.) BELOW GROUND. STAKING POSTS TO BE 2"X2" STAINED WOOD OR PAINTED STEEL DELINEATOR POSTS. PLACE 3 POSTS EQUIDISTANT AROUND AND OUTSIDE ROOT BALL. SECURE TREE TO POSTS WITH 16" LONG POLYPROPYLENE OR POLYETHYLENE, 40 MIL., 1.5" WIDE STRAP. TREE WRAP MATERIAL FROM GROUNDLINE UPWARD TO FIRST BRANCHES, AS REQUIRED. PLACE MULCH, DEPTH AS SPECIFIED, OVER PLANT PITS - DO NOT PILE AGAINST TRUNK. FORM 3" DEEP WATERING BASIN. BACKFILL PLANT PIT WITH SPECIFIED BACKFILL SOIL. REFER TO AMERICAN STANDARD FOR NURSERY STOCK FOR MINIMUM BALL SIZE. ROOT FLARE TO BE PLANTED AT OR NEAR FINISHED GROUNDLINE. SCARIFY SIDES AND BOTTOM OF HOLE. SET ROOT BALL ON UNDISTURBED SUBSOIL OR COMPACTED SOIL MOUND MATCHING TREES NATURAL GROUNDLINE WITH FINISHED SITE GRADE. N.T.S. Westwood DECIDUOUS TREE PLANTING LAST REVISED: 10/19/18 LA28 1"=20' 0' 20' 40' 60' Call 48 Hours before digging: 811 or cal1811.com Common Ground Alliance PLANTING NOTES 1. CONTRACTOR SHALL CONTACT COMMON GROUND ALLIANCE AT 811 OR CALL811.COM TO VERIFY LOCATIONS OF ALL UNDERGROUND UTILITIES PRIOR TO INSTALLATION OF ANY PLANTS OR LANDSCAPE MATERIAL. 2. ACTUAL LOCATION OF PLANT MATERIAL IS SUBJECT TO FIELD AND SITE CONDITIONS. 3. NO PLANTING WILL BE INSTALLED UNTIL ALL GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE IMMEDIATE AREA. 4. ALL SUBSTITUTIONS MUST BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO SUBMISSION OF ANY BID AND/OR QUOTE BY THE LANDSCAPE CONTRACTOR. 5. CONTRACTOR SHALL PROVIDE TWO YEAR GUARANTEE OF ALL PLANT MATERIALS. THE GUARANTEE BEGINS ON THE DATE OF THE LANDSCAPE ARCHITECT'S OR OWNER'S WRITTEN ACCEPTANCE OF THE INITIAL PLANTING. REPLACEMENT PLANT MATERIAL SHALL HAVE A ONE YEAR GUARANTEE COMMENCING UPON PLANTING. 6. ALL PLANTS TO BE SPECIMEN GRADE, WISCONSIN-GROWN AND/OR HARDY. SPECIMEN GRADE SHALL ADHERE TO, BUT IS NOT LIMITED BY, THE FOLLOWING STANDARDS: ALL PLANTS SHALL BE FREE FROM DISEASE, PESTS, WOUNDS, SCARS, ETC. ALL PLANTS SHALL BE FREE FROM NOTICEABLE GAPS, HOLES, OR DEFORMITIES. ALL PLANTS SHALL BE FREE FROM BROKEN OR DEAD BRANCHES. ALL PLANTS SHALL HAVE HEAVY, HEALTHY BRANCHING AND LEAFING. CONIFEROUS TREES SHALL HAVE AN ESTABLISHED MAIN LEADER AND A HEIGHT TO WIDTH RATIO OF NO LESS THAN 5:3. 7. PLANTS TO MEET AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1-2014 OR MOST CURRENT VERSION) REQUIREMENTS FOR SIZE AND TYPE SPECIFIED. 8. PLANTS TO BE INSTALLED AS PER WILA & ANSI STANDARD PLANTING PRACTICES. 9. PLANTS SHALL BE IMMEDIATELY PLANTED UPON ARRIVAL AT SITE. PROPERLY HEEL -IN MATERIALS IF NECESSARY; TEMPORARY ONLY. 10. PRIOR TO PLANTING, FIELD VERIFY THAT THE ROOT COLLAR/ROOT FLAIR IS LOCATED AT THE TOP OF THE BALLED & BURLAP TREE. IF THIS IS NOT THE CASE, SOIL SHALL BE REMOVED DOWN TO THE ROOT COLLAR/ROOT FLAIR. WHEN THE BALLED & BURLAP TREE IS PLANTED, THE ROOT COLLAR/ROOT FLAIR SHALL BE EVEN OR SLIGHTLY ABOVE FINISHED GRADE. 11. OPEN TOP OF BURLAP ON BB MATERIALS; REMOVE POT ON POTTED PLANTS; SPLIT AND BREAK APART PEAT POTS. 12. PRUNE PLANTS AS NECESSARY - PER STANDARD NURSERY PRACTICE AND TO CORRECT POOR BRANCHING OF EXISTING AND PROPOSED TREES. 13. WRAP ALL SMOOTH -BARKED TREES - FASTEN TOP AND BOTTOM. REMOVE BY APRIL 1ST. 14. STAKING OF TREES AS REQUIRED; REPOSITION, PLUMB AND STAKE IF NOT PLUMB AFTER ONE YEAR. 15. THE NEED FOR SOIL AMENDMENTS SHALL BE DETERMINED UPON SITE SOIL CONDITIONS PRIOR TO PLANTING. LANDSCAPE CONTRACTOR SHALL NOTIFY LANDSCAPE ARCHITECT FOR THE NEED OF ANY SOIL AMENDMENTS. 16. BACKFILL SOIL AND TOPSOIL TO ADHERE TO WIS/DOT STANDARD SPECIFICATION (SELECT TOPSOIL BORROW) AND TO BE EXISTING TOP SOIL FROM SITE FREE OF ROOTS, ROCKS LARGER THAN ONE INCH, SUBSOIL DEBRIS, AND LARGE WEEDS UNLESS SPECIFIED OTHERWISE. MINIMUM 4" DEPTH TOPSOIL FOR ALL LAWN GRASS AREAS AND 12" DEPTH TOPSOIL FOR TREE, SHRUBS, AND PERENNIALS. 17. PROVIDE A MINIMUM OF 4" TOPSOIL IN LAWN AREAS AND 12" TOPSOIL IN LANDSCAPE BEDS. ADD SOIL AMENDMENTS FOR OPTIMUM PLANT GROWTH. ALL PARKING ISLAND GRADES SHALL HAVE A SIGNIFICANT CROWN. 18. MULCH TO BE AT ALL TREE, SHRUB, PERENNIAL, AND MAINTENANCE AREAS. TREE AND SHRUB PLANTING BEDS SHALL HAVE 4" DEPTH OF SHREDDED HARDWOOD MULCH. SHREDDED HARDWOOD MULCH TO BE USED AROUND ALL PLANTS WITHIN TURF AREAS. PERENNIAL AND ORNAMENTAL GRASS BEDS SHALL HAVE 2" DEPTH SHREDDED HARDWOOD MULCH. SINGLE TREE AND SHRUB PLANTINGS SHALL HAVE A 4" DEPTH SHREDDED HARDWOOD MULCH RING AROUND EACH BASE. DECIDUOUS PLANT MATERIAL SHALL HAVE A MINIMUM 3' DIAMETER RING, EVERGREEN PLANT MATERIAL SHALL HAVE A RING TO THE DRIP LINE. MULCH TO BE FREE OF DELETERIOUS MATERIAL AND MULCH TO BE ON COMMERCIAL GRADE FILTER FABRIC, BY TYPAR, OR APPROVED EQUAL WITH NO EXPOSURE. MULCH AND FABRIC TO BE APPROVED BY OWNER PRIOR TO INSTALLATION. MULCH TO MATCH EXISTING CONDITIONS (WHERE APPLICABLE). 19. EXISTING TREES AND SHRUBS, AROUND THE SITE, SHALL BE PRUNED TO REMOVE DEAD OR UNDESIRABLE LIMBS AND TO SHAPE PLANT FOR DESIRABLE APPEARANCE AND COMPLETED BY A QUALIFIED INDIVIDUAL. CONTRACTOR TO CLEAR AND GRUB EXISTING VEGETATION AND DISPOSE OF ALL REMOVALS OFF -SITE PER PROJECT IMPROVEMENTS. 20. EDGING TO BE COMMERCIAL GRADE VALLEY -VIEW BLACK DIAMOND (OR EQUAL) POLY EDGING OR SPADED EDGE, AS INDICATED. POLY EDGING SHALL BE PLACED WITH SMOOTH CURVES AND STAKED WITH METAL SPIKES NO GREATER THAN 4 FOOT ON CENTER WITH BASE OF TOP BEAD AT GRADE, FOR MOWERS TO CUT ABOVE WITHOUT DAMAGE. UTILIZE CURBS AND SIDEWALKS FOR EDGING WHERE POSSIBLE. SPADED EDGE TO PROVIDE V-SHAPED DEPTH AND WIDTH TO CREATE SEPARATION BETWEEN MULCH AND GRASS. INDIVIDUAL TREE, SHRUB, OR RAIN -GARDEN BEDS TO BE SPADED EDGE, UNLESS NOTED OTHERWISE. EDGING TO MATCH EXISTING CONDITIONS (WHERE APPLICABLE). 21. ALL DISTURBED AREAS TO BE SODDED, UNLESS OTHERWISE NOTED. PARKING LOT ISLANDS TO BE SODDED WITH SHREDDED HARDWOOD MULCH AROUND ALL TREES AND SHRUBS. SOD TO BE STANDARD MINNESOTA GROWN AND HARDY BLUEGRASS MIX, FREE OF LAWN WEEDS. ALL TOPSOIL AREAS TO BE RAKED TO REMOVE DEBRIS AND ENSURE DRAINAGE. SLOPES OF 3:1 OR GREATER SHALL BE STAKED. SEED AS SPECIFIED AND PER MN/DOT SPECIFICATIONS. IF NOT INDICATED ON LANDSCAPE PLAN, SEE EROSION CONTROL PLAN. 22. PROVIDE IRRIGATION TO ALL PLANTED AREAS ON SITE. IRRIGATION SYSTEM TO BE DESIGN/BUILD BY LANDSCAPE CONTRACTOR. SEE PLAN FOR LIMITS OF IRRIGATION. LANDSCAPE WITHIN LANDSCAPE/IRRIGATION DASHED LINE TO BE IRRIGATED FROM BUILDING. LANDSCAPE CONTRACTOR TO PROVIDE SHOP DRAWINGS TO LANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO INSTALLATION OF IRRIGATION SYSTEM. CONTRACTOR TO WATER PLANT MATERIAL DURING INSTALLATION AND DURING ESTABLISHMENT PERIOD. OWNER WILL NOT PROVIDE WATER FOR CONTRACTOR. VOLUME OF WATER TO BE PER PLANT REQUIREMENT FOR ESTABLISHMENT AND NORMAL GROWTH. CONTRACTOR TO PROVIDE OPERATION MANUALS, AS -BUILT PLANS, AND NORMAL PROGRAMMING. SYSTEM SHALL BE WINTERIZED AND HAVE SPRING STARTUP DURING FIRST YEAR OF OPERATION. SYSTEM SHALL HAVE ONE-YEAR WARRANTY ON ALL PARTS AND LABOR. ALL INFORMATION ABOUT INSTALLATION AND SCHEDULING CAN BE OBTAINED FROM THE GENERAL CONTRACTOR. 23. REPAIR, REPLACE, OR PROVIDE SOD/SEED AS REQUIRED FOR ANY ROADWAY BOULEVARD AREAS ADJACENT TO THE SITE DISTURBED DURING CONSTRUCTION. 24. REPAIR ALL DAMAGE TO PROPERTY FROM PLANTING OPERATIONS AT NO COST TO OWNER. 25. VERIFY ALL LANDSCAPE IMPROVEMENTS WITH REMOVALS AND SITE WORK. 26. ALL DISTURBED LANDSCAPED AREAS, NOT INDICATED AS PLANTING BEDS, ARE TO BE SODDED, UNLESS NOTED OTHERWISE. SOD IS TO BE PRIMARILY KENTUCKY BLUEGRASS, FREE OF LAWN GRASS WEEDS. MATCH INTO EXISTING, AS APPLICABLE. ANCHOR SOD ON SLOPED OR POTENTIAL EROSION AREAS, OR AS REQUIRED. 27. CONTRACTOR TO VERIFY PLANTS REQUIRED AS REFLECTED ON PLAN, NOTIFY LANDSCAPE ARCHITECT IF PLAN AND SCHEDULE DO NOT MATCH. ALL PLANT MATERIAL TO ADHERE TO THE AMERICAN STANDARD FOR NURSERY STOCK, LATEST VERSION. ADD FERTILIZER, HERBICIDE, AND PESTICIDE AS NECESSARY FOR OPTIMUM GROWTH. NOT FOR CONSTRUCTION DESIGNED: 0 Y z cc 0 HORIZONTAL SCALE:40' VERTICAL SCALE: 8' or 4' INITIAL ISSUE: REVISIONS: C C C C C PREPARED FOR: LLWATER KDEN OF ST 2 O zz w 2 Z W >Q < 0 W Y < 0 rn m v JEFFERY R. WESTENDORF co O 05/27/2022 LICENSE NO. STILLWATER, MN 0 0 0 a) 3 d >M L. CI co L z E 32 w oc c c 2 SHEET NUMBER: L1.0 DATE: 05/27/2022 PROJECT NUMBER: 0020339.00 MIKDEN OF STILLWATER I11war THE BIRTHPLACE OF MINNESOTA DATE: July 5, 2022 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Interim Use Permit Ordinance BACKGROUND As the City evaluated long-term policy on outdoor uses such as outdoor seating/dining and outdoor events following two (2) years of relaxed rules during the COVID-19 Pandemic, the City had the opportunity to learn how these uses might be able to be expanded long-term and administered in a better way. The City Council has already addressed events and outdoor seating in public spaces. This ordinance focuses on events and outdoor seating on private property. Currently, outdoor seating/dining and outdoor events on private property is allowable as a Conditional Use in most areas of the City. This is especially true for areas in close proximity to residential uses. Conditional Uses are allowable uses that require Planning Commission Approval (not an administrative/staff approval) wherein the Planning Commission can attach reasonable conditions to mitigate reasonable concerns. The struggle the City has had with this approach in the past is that once approved, the approval is perpetual with the land and does not expire unless there is a violation of the terms of the agreement. The approval transfers to future owners. Often times the City finds a particular request reasonable at the time, but isn't comfortable with a perpetual approval. In response, the City Council directed Staff to introduce a new tool (to Stillwater) known as an Interim Use Permit. This essentially functions as a Conditional Use Permit, but does expire. The expiration can be tied to a specific date or an event in time. Interim Uses are essentially authorized by Statute to address uses that may be acceptable under Zoning Code today, but may not be acceptable in the future. This draft ordinance also streamlines administration after initial approval. The initial Interim Use Permit approval must be granted by the Planning Commission. From there, annual renewals may be processed administratively. RECOMMENDATION The Planning Commission recommends approval of the ordinance with the following changes/conditions. • Extend the maximum time lapsed for outdoor seating due to longer seasonal conditions • Would like to make a requirement of all Interim Use Permits to expire upon change of ownership Staff reviewed the above conditions with the City Attorney and provides the following feedback and recommendations. • Time Lapse — Outdoor Seating o Outdoor seating will have dates as conditions (i.e. May through October), so there will not be an official lapse in use • Termination at time of Ownership Change o Upon further review, Staff would not recommend this change; the City may attach this as a condition to specific requests, but may not be appropriate as a universal condition ACTION REQUESTED Motion to approve the first reading of the Interim Use Permit Ordinance. ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING INTERIM USE PERMITS AND AUTHORIZING OUTDOOR SEATING AS AN INTERIM USE WITH PERFORMANCE STANDARDS The City Council of the City of Stillwater does ordain: SECTION 1. ENACTMENT. Stillwater City Code Chapter 31, Article V, Division 3 Performance Standards in Non -Residential Zoning Districts, is hereby amended to include a new Section 31-320, Outdoor Seating Requirements, which shall be enacted as follows: 31.207.1 INTERIM USES. (a) Purpose/standards. In order to give flexibility to the district use regulations of this chapter, which is necessary to achieve the objectives of the Comprehensive Plan, interim uses are allowed in certain districts subject to the granting of an interim use permit. Because of their temporary characteristics, interim uses require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Uses authorized under this section shall be considered a conforming use, but only in accordance with the conditions set forth in the interim use permit. (b) The Planning Commission may grant an interim use permit for the interim use of property if: (1) The use conforms to the zoning regulations; (2) The date or event that will terminate the use can be identified with certainty; (3) Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and (4) The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use. (c) Exhibits. The following exhibits shall be required: (1) Map or plat as listed on the application form; (2) Plans and drawings as listed on the application form; and (3) Other documents as requested by the City. (d) Hearings. The Planning Commission shall hold a public hearing on the application following notice of the time, place and purpose of the hearing published in the official newspaper of the city at least ten days prior to the day of the hearing. Following the public hearing, the Planning 1 Commission shall approve or deny the application. If approved, the applicant shall sign the Interim Use Permit agreeing to all terms and conditions therein. (e) DeniaL The Planning Commission may deny an application for an interim use permit upon a written finding of legally sufficient reasons with a factual basis. No application for an interim use permit that has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the Planning Commission. (f) Lapse of interim use permit. An interim use permit shall lapse and become null and void three months following the date on which the interim use permit became effective if it is not in use. (g) Revocation/termination. A violation of any condition set forth in an interim use permit shall be a violation of this chapter and shall terminate the interim use permit. (h) Exceptions. Notwithstanding the provision of division (d) above, an interim use shall not require a hearing before the Planning Commission and may be approved administratively by the Community Development Director, provided that: (1) The application is a renewal of an interim use permit which was previously approved by the Planning Commission; (2) There have been no issues or violations with the existing interim use permit; (3) There are no substantial changes to the interim use permit as determined by the City Planner; (4) The Community Development Department has conducted an administrative review; and (5) The property owner on which the interim use permit is located is current on all city fees. SECTION 2. ENACTMENT. Stillwater City Code Chapter 31, Article V, Division 3 Performance Standards in Non -Residential Zoning Districts, is hereby amended to include a new Section 31-320, Outdoor Seating Requirements, which shall be enacted as follows: Sec. 31-320. — Outside Seating Requirements. Outside seating pursuant to Table in Section 31-325, subject to following provisions: (1) Seating areas shall be shown on a seating plan, identifying the number of tables and chairs and their approximate location. (2) Seating areas shall be located on private property, or if on public property, if approved by the City as a Special Event or in a License or Encroachment Agreement. (3) Seating areas shall not obstruct required accesses, entrances or exits. (4) Tables and chairs shall be maintenance free furniture that enhances the appearance of the business. (5) No food or beverages shall be served outside of the seating area. 2 (6) Lighting shall only illuminate the seating area. Lighting levels must not exceed zero foot- candles at the abutting property line. (7) All tables and chairs shall be kept in a clean and sanitary manner. Outdoor trash receptacles shall be provided. (8) The seating area shall have approved landscaping and fencing or other decorative screening that differentiates the outdoor seating areas from other areas, such as sidewalks, streets or parking areas. (9) If over eight (8) seats, In addition to the required number of parking spaces pursuant to the principal use, additional parking shall be required at a ratio of one parking space for every four seats in the outdoor seating area. (10) Signage shall be posted that prohibits the consumption of alcohol outside of the seating area. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31, Article III, Division 3, Section 31-325, allowable uses in non-residential districts is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS Outside eating cstablishmcntsareas Outside sales or special events; CA CBD CUP IUP VC BP- CUP IUP BP- 0 CUP IUP BP -I CRD PA CUP IUP PWFD PROS HMU R IUP CUP IUP P = Permitted use CUP = Use permitted with a Conditional Use Permit IUP = Use permitted with an Interim Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site NC Formatted: Font color: Auto, Superscript Blank cell in table means that the use is NOT allowed. 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: An ordinance establishing a process for Interim Use Permits and establishing performance standards for outside seating as interim uses. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective after its passage and publication according to law. Approved this day of , 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette - 4 iliwater THE BIRTHPLACE OF MINNESOTA DATE: June 29, 2022 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Catalytic Converter Ordinance BACKGROUND In recent years the City of Stillwater, along with all municipalities in the metro area, have observed an increase in the theft of catalytic converters from vehicles. The enforcement of the theft crime is made more difficult due to the lack of identification on each catalytic converter, matching them to any specific vehicle. In 2021 and 2022 the Police Department held workshops independently and with our partners at the Minnesota Department of Commerce to "mark" catalytic convertors on vehicles. Officers do come across individuals that have catalytic converters in their possession on their way to sell as scrap metal. Without any specific identification of the part, this alone is not a crime. This ordinance would give officers the ability to deter the theft by making it a crime to possess a catalytic converter without specific identifying conditions of a purchase as outlined in the ordinance. These conditions allow sufficient means for lawful citizens to possess and transport a catalytic converter not attached to a vehicle. RECOMMENDATION Staff recommends adoption of this ordinance. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving 1st reading of an ordinance amending Chapter of the City Code of the City of Stillwater by adding Article 52-22 a provision for the purchase, sale and possession of catalytic converters. ORDINANCE AN ORDINANCE AMENDING CHAPTER OF THE CITY CODE OF THE CITY OF STILLWATER BY ADDING A PROVISION FOR THE PURCHASE, SALE AND POSSESSION OF CATALYTIC CONVERTERS The City Council of the City of Stillwater does ordain: SECTION 1. ENACTMENT. Article 52-22 of the City Code, Purchase, Sale and Possession of Catalytic Converters, is hereby enacted as follows: 52-22 — PURCHASE, SALE AND POSSESSION OF CATALYTIC CONVERTERS Subd. 1. Sale or Purchase of Catalytic Converters. No person or business shall purchase or sell a used catalytic converter that is not attached to a vehicle unless the purchase or sale of the catalytic converter meets the following requirements: (1) a complete and accurate account or description, including the weight if customarily purchased by weight, of the scrap metal purchased or acquired; (2) the date, time, and place of the receipt of the scrap metal purchased or acquired and a unique transaction identifier; (3) a photocopy or electronic scan of the seller's proof of identification including the identification number; (4) the amount paid and the number of the check or electronic transfer used to purchase the scrap metal; the license plate number and description of the vehicle used by the person when delivering the scrap metal, including the vehicle make and model, and any identifying marks on the vehicle, such as a business name, decals, or markings, if applicable; (5) (6) a statement signed by the seller, under penalty of perjury attesting that the scrap metal is not stolen and is free of any liens or encumbrances and the seller has the right to sell it; (7) a copy of the receipt, which must include at least the following information: the name and address of the dealer, the date and time the scrap metal was received by the dealer, an accurate description of the scrap metal, and the amount paid for the scrap metal; (8) the name of the person who removed the catalytic converter; and (9) any other requirements for proof of receipt in Minnesota Statutes Section 325E.21, or as it may be amended. Subd. 2. Possession of Catalytic Converters. No person shall be in possession of a catalytic converter that is not attached to a motor vehicle unless the individual can provide verification of legal receipt of the catalytic converter consistent with the requirements in City Code Section 52-22 subd. 1. 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: An ordinance prohibiting the purchase, sale or possession of a catalytic converter without proof of legal receipt or compliance with the purchase and acquisition record requirements under Minnesota Statutes. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2022. Publish: Stillwater Gazette — Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk illwater THE BIRTHPLACE OF MINNESOTA DATE: June 20, 2022 MEETING DATE: July 5, 2022 TO: Honorable Mayor and City Councilmembers FROM: Austin Peterson, Police Investigator Tim Gladhill, Community Development Director Kori Land, City Attorney SUBJECT: Massage Parlor Ordinance BACKGROUND The Stillwater Police Department is becoming increasingly concerned about the activities that may be occurring in some massage and body work businesses in the City of Stillwater. The Stillwater Police Department has fielded and investigated multiple reports of inappropriate behavior and prostitution at several different massage studios located within the city over the last several years. Currently, the city has no ordinance or license to regulate any massage and body work businesses. While most of the massage and body work businesses operate within the confines of the law, the city has no mechanism to address issues before they begin. Nearly every city within Washington County has adopted a massage and body work license ordinance including Woodbury, Cottage Grove, Lake Elmo and Forest Lake. The proposed ordinance includes the following: • Requires all massage businesses to be licensed by the city • Requires each massage therapists to be licensed, and all massage therapists have to be associated with a massage business • All applicants will have to undergo a background investigation (only convictions in the last 3 years related to the licensed activity would be relevant) • Massage therapists have to meet certain education or certification requirements (passing massage -specific exams or graduating from an accredited institution or program) • Performance standards include that the business be located in a compact and contiguous location, but off -site services are allowed as part of a business license, that the business have liability insurance, hours of operation are 8 a.m.-9 P. m. • No license would be required for MDH-licensed facilities, doctor's or dentist's offices, barbers and cosmetologists, or students as part of a class Many cities have found that license regulations, which are not a high bar for most massage therapists, deter the types of businesses that we are trying to control but do not impact the good businesses. RECOMMENDATION Staff recommends that the City Council adopt the proposed ordinance. ACTION REQUESTED Motion to approve the first reading of the Ordinance. ORDINANCE AN ORDINANCE ENACTING CHAPTER 41, SECTION 41-9 MASSAGE THERAPY LICENSE OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. ENACT. Chapter 41 of the City Code, Section 41-9, Massage Therapy License, is hereby enacted as follows: 41-9 — MASSAGE THERAPY LICENSE Subd. 1. Definitions: For the purposes of this chapter, the following words and phrases shall have these meanings: (1) Applicant means an individual, partnership, corporation or other organization or entity that is applying for licensure. (2) Massage Therapist means an individual who practices therapeutic massage. (3) Person means an individual, partnership, corporation or other organization or entity. (4) Standards of Practice means Standards of Practice published by the National Certification Board for Therapeutic Massage and Bodywork. (5) Therapeutic Massage means the systematic manual manipulation of soft tissue to enhance health and well-being. (6) Therapeutic Massage Business means a business that offers therapeutic massage services. Subd. 2. Therapeutic Massage Businesses: (1) License Required: No person shall operate a therapeutic massage business without a license. Licensed therapeutic massage businesses may only provide therapeutic massage services by licensed massage therapists who are employed by the business. No more than one business license shall be issued to any one person or for any one location in the City. (2) Number of licenses. No more than business licenses shall be issued by the City at any one time. Sole proprietors with no employees shall be required to obtain a business license, but its license shall not be counted toward the maximum number of licenses issued. (3) Application, Initial: Application shall be made on a form prescribed by the City, and shall include the applicant name, contact information, and any other information 1 related to the business required by the City or by State Statute. A completed application shall also include the following: (a) Organization Information: If the applicant is a corporation, partnership, or other organization or entity, the applicant shall provide proof of legal standing through State or Federal filing and shall provide the names of all individuals who hold an interest in the organization. (b) Property Information: The applicant shall provide the legal description of the premises or the exact street address and suite number, if applicable, of where the business will operate. If the applicant is not the owner of record of the business location, the applicant must provide a lease agreement or other form of agreement entered into with the owner of record authorizing the applicant to operate at that location. (c) General Authorization and Release of Private Data: The applicant shall complete a general authorization and release of private data form authorizing the City to perform a background check of the applicant in accordance with section 22-12 of this Code. If the applicant is a corporation, partnership, or other organization or entity, the applicant shall provide a general authorization and release of private data form for each individual who holds an interest in the organization. (d) License in Another Community: Whether the applicant (or anyone who holds an interest in the organization) has held, or has held an interest in, a license in another community, and if so, when, where, and for what. (e) Other License Suspended or Revoked: Whether the applicant (or anyone who holds an interest in the organization) has held, or has held an interest in, a license that was suspended or revoked, and if so, when, where, and for what. (f) Felony, Crime, or Violation Conviction: Whether the applicant (or anyone who holds an interest in the organization) has been arrested for or convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense, and if so, when, where, and for what. (g) Certificate of Insurance: A certificate of insurance in the amount of $1,000,000 for general liability covering all aspects of the business operation shall be included. (h) Investigation Fee: An initial investigation fee as provided for by City Fee Schedule shall be paid (4) License Fee: An annual license fee as provided for by City ordinance shall be paid. 2 (5) Application, Renewal: Application for renewal of an existing license requires the same information as an initial license application except it does not require proof of legal standing through State or Federal filing for the organization, lease agreement or other form of agreement for the business location, or payment of an investigation fee. (6) Application Submission: The completed application shall be submitted to the City Clerk's Office. Incomplete applications will be rejected. Subd. 3. Massage Therapists: (1) License Required: No person shall provide therapeutic massage services without a license. A licensed massage therapist may only provide therapeutic massage services as part of a licensed therapeutic massage business. A massage therapist license shall only be issued to an individual and shall not be issued to a partnership, corporation or other organization or entity. (2) Number of licenses. No more than massage therapist licenses shall be issued by the City at any one time. (3) Application, Initial: Application shall be made on a form prescribed by the City, and shall include the applicant's name, contact information, and any other information required by the City or by State Statute. A completed application shall also include the following: (a) Proof Of Education/Certification: The applicant shall have proof of at least one of the following education/certification requirements sent directly from the institution, program, Examining Board or Certification Board to the City: i. Graduation from an institution or program in massage therapy that is accredited by an accrediting agency recognized by the United States Department of Education. ii. Passing results of Massage and Bodywork Licensing Examination (MBLEx) administered by the Federation of State Massage Therapy Boards (FSMTB), or the National Certification Exam for Therapeutic Massage (NCETM) or National Certification Exam for Therapeutic Massage and Bodywork (NCETMB) administered by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB). iii. Board Certification in Therapeutic Massage and Bodywork (BCTMB) from the NCBTMB. (b) General Authorization and Release of Private Data: The applicant shall complete a general authorization and release of private data form authorizing 3 the City to perform a background check in accordance with section 22-12 of this Code. (c) License in another Community: Whether the applicant has held, or has held an interest in, a license in another community, and if so, when, where, and what for. (d) Other License Suspended or Revoked: Whether the applicant has held, or has held an interest in, a license that was suspended or revoked, and if so, when, where, and what for. (e) Felony, Crime, or Violation Conviction: Whether the applicant has been arrested for or convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense, and if so, when, where, and what for. (f) Proof of U.S. citizenship or proof that the person has the authority to legally work in the United States. (g) Investigation Fee: An initial investigation fee as provided for by City ordinance shall be paid. (h) License Fee: An annual license fee as provided for by City ordinance shall be paid. (4) Application, Renewal: Application for renewal of an existing license requires the same information as an initial license application except it does not require proof of education/certification or payment of an investigation fee. (5) Application Submission: The completed application shall be submitted to the City Clerk's Office. Incomplete applications will be rejected. Subd. 4. Background Investigation: The Public Safety Department will perform a background investigation of all completed applications in accordance with section 22-12 of this Code. Subd. 5. License Approval/Denial: (1) Issuing Authority: The City Council is the issuing authority for license applications. (2) License Approval: Unless grounds exist for license denial, a license shall be issued for the calendar year. (3) License Denial: The following shall be grounds for denying a license application: (a) The business is not an allowed use in the zoning district for which it is proposed, or no planning application has been approved for such use. 4 (b) Failure of an initial applicant to meet education/certification requirements. (c) An arrest, charge or conviction of a crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03 subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes section, 364.03 subd. 3. (d) Existence of disciplinary action against the applicant (or anyone who holds an interest in the organization) by the Minnesota Department of Health Office of Unlicensed Complementary and Alternative Health Care Practice (OCAP). (e) The applicant has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application or investigation for or in the course of the applicant's business. (f) The applicant has any outstanding fees owed to the City. Subd. 6. License Performance Standards: (1) All licensed therapeutic massage businesses and massage therapists must comply with the following performance standards: (a) Compliance with Minnesota Statute, section 146A, Complementary and Alternative Health Care Practices. (b) Compliance with Standards of Practice published by NCBTMB. Standards specific to the NCBTMB will only apply to individuals holding board certification with the NCBTMB. (c) Therapeutic massage businesses must maintain general liability insurance covering all aspects of the business operation. (d) Therapeutic massage business licenses are effective for the compact and contiguous space in the approved license application. Massage business licenses must be clearly posted at the place of business. (e) A therapeutic massage business license shall entitle the business to offer off - site therapeutic massage services at a business, public gathering, event, private home, or other site not on the therapeutic massage business premises, provided such services are performed by a licensed massage therapist employed by the business. (f) A therapeutic massage business licensee shall be responsible for all aspects of the business operation and the conduct of its employees. 5 (g) Hours of Operation. No massage therapy business shall be open for business, nor will any massage therapist offer massage services, before 8:00 a.m. or after 9:00 p.m. any day of the week. No customers or patrons shall be allowed to remain upon the licensed premises after 9:30 p.m. and before 8:00 a.m. daily. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours. Subd. 7. Prohibited Conduct. The following conduct is prohibited: (1) Any conduct prohibited under Minnesota Statute, section 146A, Complementary and Alternative Health Care Practices. (2) Allowing an unlicensed person to perform therapeutic massage. Subd. 8. License Suspension/Revocation: (1) Notice and Hearing: The City Council may consider suspension or revocation of a therapeutic massage business or massage therapist license when grounds exist. The City shall provide the licensee proper notice and a hearing prior to such suspension or revocation. (2) Grounds for Suspension or Revocation: Any of the following shall be grounds for suspension or revocation of a license: (a) Conviction or adjudication of the licensee (or anyone who holds an interest in the organization), or any form thereof whose disposition is pending, for any crime outlined in Minnesota Statute, sections 609.281 through 609.284, Sexual and Labor Trafficking Crimes, and Minnesota Statute, sections 609.293 through 609.353, Sex Crimes. (b) Conviction or adjudication of the licensee (or anyone who holds an interest in the organization), or any form thereof whose disposition is pending, for any conduct outlined in Minnesota Statute, section 146A.08 Complementary and Alternative Health Care Practices, Prohibited Conduct. (c) Any disciplinary action against the licensee (or anyone who holds an interest in the organization) by OCAP. (d) Failure to follow license performance standards. (e) Engaging in, allowing, or failing to prevent prohibited conduct outlined in this chapter. (f) Negative findings revealed during the license period that affect the public safety, health, and welfare. 6 Subd. 9. License Exemption: (1) A therapeutic massage business license or massage therapist license is not required for the following: (a) Facilities licensed by the Minnesota Department of Health. (b) Licensed or registered health care practitioners that offer massage therapy services under the practitioner's license as outlined by Minnesota Statute, section 146A.065, when the therapist is hired or employed by a medical professional licensed under Minnesota Statutes, chapter 147 (Medical Practice) or 148 (Chiropractic) or a dental professional licensed under Minnesota Statutes, chapter 150A. A massage therapist is not limited to providing treatment to patients of the medical or dental professional. (c) Persons licensed by the State of Minnesota Board of Barber Examiners as barbers or the State of Minnesota Board of Cosmetology as cosmetologists, provided such persons do not hold themselves out as offering massage services and provided any massage service is complementary to the licensed activity and is limited to the head, neck, hands, or feet. (d) Students from an accredited institution (pursuant to the requirements of Section 41-9 subd. 3(3)(a) i) who are performing therapeutic massage services in the course of a clinical component of an accredited program of study, provided that the students meet all of the following: i. Perform the massage services at either the location of the accredited institution or clinics or other massage therapy businesses located outside of the accredited institution (if performing massage therapy outside of the institution the students must have at least 150 hours of certified therapeutic massage training at the accredited institution prior to performing the massage therapy); ii. Have proof of liability insurance, which may be covered by the clinic or other licensed therapeutic massage therapy business or by the accredited institution; and iii. Are identified to the public as a student of massage therapy. 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: 7 The City is enacting an ordinance to license massage therapy businesses and massage therapists. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2022. Publish: Stillwater Gazette — Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 8 I11war THE BIRTHPLACE OF MINNESOTA DATE: July 5, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Contract with Passport for Addition of Mobile Payment Option for Public Lots #1 & #2 and Parking Ramp BACKGROUND Over the past year, the Downtown Parking Commission has been discussing improving customer service in the Downtown Parking Lots, specifically Paid Lots #1 & #2. For purposes of this report, the request is simply focusing on adding an additional, more modern payment system based on the existing Fee Structure. Other than the $0.50 convenience fee passed on by the vendor, no changes to the Fee Schedule is proposed at this time. As the City Council is aware by way of update at the June 21, 2022 City Council Meeting, the urgency to add this payment option is increased due to issues with the existing, aging credit card kiosks. At one point, all four (4) credit card kiosks were down for several days. We now have two (2) of four (4) kiosks running. Due to the urgency to move forward to provide adequate customer service, the specific proposal and contract language has not been reviewed by the Downtown Parking Commission. That being said, by consensus, the Downtown Parking Commission did recommend that the City begin to move forward with Passport The end goal is to consolidate three (3) existing payment systems currently in the Downtown Parking System into one (1) payment reconciliation. This will be phased in over time, starting with Lots #1 & #2, then the Parking Ramp. Replacement of Credit Card Kiosks as well as an addition to a Credit Card Kiosk in the Parking Ramp is expected to occur later this year and will come forward as a separate request at a future date. There is an annual fee of $9,000, which is a standard software maintenance agreement. This is similar to the current system in the ramp, although the payment structure is slightly different. There is little up front cost to the City. The vendor passes along a convenience fee to the end user. Similar to the system in the parking ramp, the vendor retains a fee per transaction. There is also a merchant processing fee as it the case with all credit card transactions. Additionally, Staff would recommend the purchase or lease of a License Plate Reader to enhance our enforcement efforts. Not only will a License Plate Reader improve and streamline our enforcement efforts, it will also aide in enforcing time limit violations for free parking spaces, a challenging enforcement category for our existing resources. This would not be tied to any public safety database and would only be used to identify vehicles in the parking system. For full disclosure, the Downtown Parking Commission (and City Council) have been exploring options to update and modernize the operation of the Downtown parking system. This discussion will occur over the coming months and is not subject to this current request. That being said, Passport services will be able to be scaled, moved or otherwise modified to convert to whatever changes are ultimately implemented by the City. RECOMMENDATION Staff recommends approving the contract with Passport for mobile payment options beginning in Lots #1 & #2 and extending to the Parking Ramp to replace the existing mobile payment option in that area. This would include leasing (not purchasing) a License Plate Reader. The City's Finance Department recommends approval by way of consolidating several separate systems for better financial reconciliation. The City's IT Department recommends approval by way of aging infrastructure and challenging maintenance and repair. ACTION REQUESTED Motion to approve contract with Passport for mobile payment option for Downtown Parking. IN Passport Item Price (USD) Mobile Parking Payment System' -� Android Application -, iOS Application - Mobile -Optimized Website - Unlimited ongoing upgrades and enhancements Convenience Fee, Paid by the Parker $0.50 Annual Fee $9,000 Mobile Payment —) Real-time access to active parking sessions System Reports —) Reporting Access • Mobile Pay Reports • Administrative Reports - Unlimited Administrators Unlimited Access to Passport's Knowledge Base • FAQs • Training Videos • Community Forum Included Payment Processing - Gateway Passport Gateway $0.05 Merchant Processing - Secure Payment Processing 2.9% + .25 Service Delivery Project Management Configurations Marketing Essentials -) Dedicated Project Manager -) Implementation Specialist - Project Plan -, Weekly Calls -) Zone Setup -) Rate Setup - Rate Testing -, Administrator role creation and setup -) Signs - Decals -, How-to Flyer -) Post PR on Website -) Post PR on Social Media - Dedicated Client Lifecycle Marketing Manager Included Included Included Passport's pricing assumes purchase of all listed products and services and the scope as Passport currently understands it. Should either structure change, Passport reserves the right to update it's pricing accordingly. This price proposal is valid up to 90 days from receipt. ■ 1 1 Training - Passport Overview Remote - Configurations Included -) Customer Support -, Operator Management Integrations Included Meter Integration _ Unlimited access to 40+ active integrations Expansions - Tools and assistance for Included location additions Support End User Support Tier Three End User Support Customer Support Representatives Live Body Support 7 days a week Client Support Product Support Specialists for technical support 7 days a week Client Success Representative for system updates Included Included Mobile License Plate Recognition (MLPR) Pricing Estimate Item Price (USD) Licensing Subscription for AutoVu Managed Service 2.0 AutoVu Managed Service Upgrade to Pay -by -Plate Multi 1x AutoVu Managed Service 1 Patroller Connection $5,002.56 annually Mobile Vehicle Hardware Mobile LPR Hardware and Professional Services -+ AutoVu SharpZ3 Dual Base Kit - AutoVu Overtime Kit - Mapping License - One year Warranty -+ Hardware Shipping Mobile Computing Package -* In -vehicle Hardware and Software -+ Includes Fz-G1 Tablet with embedded 4G LTE component for wireless connectivity -* Tablet Docking Station and Vehicle Antenna - Hardware Shippings - Permit Zone Configurations $29,471.21 Implementation / Labor -* Project Management Services - Onsite and Remote Training, Completed in Two Phases: ♦ One: 4 hours of onsite training on LPR Mobile Vehicle Software and hardware ♦ Two: 2-hour remote web -based training on LPR Security Center back -end software. -+ Mobile Installation - Travel for Onsite Services $6,540.00 Support -3 Mobile support ♦ Remote LPR vehicle support ♦ Phone, e-mail, and remote working sessions -3 Security Center Software support ♦ Phone, e-mail, and remote working sessions $1,944.00 covers 5 years Extended Warranty -3 Return and Repair Coverage $9,928.38 covers 5 years -3 Covers AutoVu vehicle hardware, Genetec Patroller (Optional) software upgrades LPR Totals: Option 1: Standard Pricing One-time Total $47,883.59 Annual Recurring Total $5,002.56 Total Year One Cost $52,886.15 Option 2: Finance 60 Month Lease $1,292.31 Other terms and options are available. Contact your sales representative for more information. -* Why Finance? Low upfront costs to preserve working capital Predictable, low monthly payments spreading out cost Acquire the best solution for you, not only what you can afford ♦ Bundle hardware, software, and services into a single transaction to simplify payments Software Terms: 50% of year one total (software) due at signed contract. 50% of year one total (software) due at 'go live date'. 'Go live date' = transactions being processed through the system, citations or permits. Hardware Terms: 50% of year one total due at signed contract. 50% of year one total due upon delivery. Cellular Data: The customer is responsible for providing an activated SIM card for cell service. Genetec Warranty: Not ratified by Passport. Further information and terms of the Genetec hardware warranty is provided in supporting documentation. SOFTWARE LICENSE AND SERVICE AGREEMENT This Software License and Service Agreement is effective as of (the "Effective Date") and entered into by and between Passport Labs, Inc., a Delaware corporation ("Passport") and City of Stillwater, Minnesota {client -name] -("Customer"). Passport and Customer are each a "Party" and collectively the "Parties." Passport is in the business of providing, and Customer desires to obtain from Passport, certain parking- or transit -related software, hardware, and/or related services. This Agreement establishes the master terms and conditions that will apply to Customer's purchase from Passport of the products and services under this Agreement and Passport's delivery of the same to Customer. In consideration of the mutual promises and covenants contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning set forth below (or as otherwise defined in the Agreement): 1.1. "Agreement" means this Software License and Service Agreement, the Product -Specific Terms, the Order Form(s), the Statement(s) of Work, and all other attachments, exhibits, and schedules hereto. 1.2. "Confidential Information" means all information of either Party ("Disclosing Party") which is disclosed to the other Party (Receiving Party") pursuant or in relation to this Agreement (a) if in written form, that is marked "Confidential," "Proprietary," or with words of similar import; and (b) if in written form, but not marked "Confidential," "Proprietary," or with words of similar import, or if disclosed verbally that a reasonable person would regard such information as confidential under the circumstances of disclosure or in view of the nature of the information. Confidential Information includes, by way of illustration and not limitation, this Agreement, the Passport System and all components thereof, the Intellectual Property, and all non-public know-how, inventions, techniques, processes, algorithms, software programs, schematics, designs, contracts, customer lists, financial information, pricing information, marketing information, and product plans. 1.3. "Customer" is the entity specified in the preamble and includes any entity directly or indirectly controlling, controlled by, or under common control with Customer including, without limitation, any subsidiary, affiliate, or parent of Customer on the Effective Date of this Agreement. 1.4. "Documentation" means the technical documentation for the Passport System provided by Passport to Customer, including all updates and versions thereof, whether in the form of electronic or printed materials, magnetic media, or machine-readable format. 1.5. "End User" means any individual who uses any component of the Passport System to transact for any Product. 1.6. "Go -Live Date" means the date on which the Passport System, or any individual Product thereof if more than one Product is purchased under this Agreement, is launched and begins to be utilized by Customer. 1.7. "Initial Term" means a period of thirty-six (36) months from the Go -Live Date, unless otherwise indicated in an Order Form. 1.8. "Intellectual Property" means all tangible and intangible property of Passport or its third -party vendors provided to Customer pursuant to this Agreement that is embodied in or used in connection with the Passport System, including, without limitation, trade names, source code, trademarks, copyrights, patents, and trade secrets, and/or which is protected or is protectable under copyright, patent, trade secret, service mark, trademark, or other intellectual property laws and/or regulations. 1.9. "License Fees" means the fees owed to Passport in consideration of providing Customer the Passport System pursuant to this Agreement as memorialized in the Order Form or elsewhere in the Agreement. 1.10. "Licensed Hardware" means the Passport hardware and any Third Party Hardware as more particularly set forth in an Order Form. 1.11. "Licensed Software" means the Passport software and any Third Party Software as more particularly set forth in an Order Form. 1.12. "Order Form" means that certain form bearing the same caption on which the Products, Third Party Products, and any other software, hardware, products, or services ordered by Customer under this Agreement, among other things, are specified. 1.13. "Passport System" means collectively the Licensed Software, Licensed Hardware, Documentation, and any Third Party Products licensed or sold under this Agreement by Passport to Customer. 1.14. "Product" means any product offered by Passport, including a mobile payments for parking platform, a citation issuance and management platform, a digital permits platform, a mobile payments for transit platform, a micromobility management platform, and a unified platform for the management and distribution of parking rates and business rules, as well as any other product identified in an Order Form. 1.15. "Product -Specific Terms" means those separate legal terms appended to this Agreement that apply to each Product purchased by Customer under this Agreement. 1.16. "Renewal Term" means a period of twelve months following the Initial Term, unless otherwise indicated in an Order Form. 1.17. "Statement of Work" or "SOW" means a statement of work agreed upon by the parties with reference to each Product purchased under this Agreement and appended to this Agreement or to an Order Form. Any variation to a Statement of Work must be memorialized in a change order that is agreed upon and signed by the parties. 1.18. "Substantial Completion Date" means the date that Passport has completed configuring the Passport System, or any individual Product thereof if more than one Product is purchased under this Agreement, to the specifications as set forth in the applicable SOW and is ready to be launched and utilized by Customer. Passport will notify Customer when it has achieved the Substantial Completion Date for each Product. 1.19. "Term" means the Initial Term and any Renewal Term(s). 1.20. "Third Party Hardware" means the hardware (and any related software embedded in or distributed with the hardware by the manufacturer of such hardware) manufactured by third parties and resold and/or sublicensed by Passport to Customer. 1.21. "Third Party Products" means Third Party Hardware and Third Party Software. 1.22. "Third Party Software" means all software owned by third parties, sublicensed by Passport to Customer and integrated into or interfaced by Passport into the Passport System. 2. SERVICES 2.1. Performance. Passport shall perform the services and deliver the software and products under this Agreement in a competent, professional, and workmanlike manner consistent with industry practices. Passport will maintain all permits, certificates and licenses required by applicable law and Passport's 2 employees performing the services will be qualified to perform the services and licensed as required. Passport will at all times during the Term be duly organized, validly existing and in good standing under the laws of the state of Delaware. 2.2. Order Forms. The Order Form shall set forth what Passport is to provide to Customer under this Agreement. To the extent Customer wishes to procure, and Passport wishes to provide, any additional products or services, the parties shall enter into one or more additional Order Forms as applicable that shall each form a part of and be subject to this Agreement. 2.3. Products. As of the Effective Date, Passport provides the Products (as defined above) in the marketplace (as well as related Third Party Products). Customer may request the addition of any Products and related services to the extent not provided by Passport to Customer as of the Effective Date and any additional software or platforms developed by Passport from and after the Effective Date, which shall be memorialized in a subsequent Order Form along with any additional terms (if applicable). 3. COMPLIANCE WITH LAW 3.1. In providing the services under this Agreement, Passport will comply at its sole cost and expense with all applicable federal, state, provincial, county, and municipal laws, statutes, rules, regulations and ordinances. 4. LICENSE; SERVICES 4.1. License Grant. Subject to the terms and conditions of this Agreement and all Third Party Software licenses, including, without limitation, the payment of all applicable License Fees, Passport hereby grants Customer a revocable, non-exclusive, nontransferable, non-subleaseable, and non -assignable license to use the Passport System during the Term for Customer's own internal operations in accordance with the terms of, and subject to the restrictions contained in, this Agreement. 4.2. License Restrictions. As a condition to the license set forth in Section 4.1, Customer shall not, directly, indirectly, alone, or with another person or entity (a) decompile, disassemble, interpret, reverse engineer, translate, or otherwise determine or attempt to determine any source code, algorithms, or underlying ideas of the Licensed Software or any portion thereof; (b) remove or modify any Passport or third -party markings, identification, copyright, or other notices from the Passport System; (c) sublicense, provide, lease, lend, pledge, use for timesharing or service bureau purposes, or allow others to use the Passport System to or for the benefit of third parties; (d) modify, change, incorporate into other software, create any databases other than as permitted herein, or create a derivative work of any part of the Licensed Software or Documentation; (e) disclose results of any performance information, analysis, or program benchmark tests without Passport's prior written consent; (f) make the Passport System, in whole or in part, available in any manner to any third party; (g) install or use the Passport System in any manner not in accordance with the license grant pursuant to Section 5.1; or (h) attempt to do any of the foregoing whether individually or with others. 4.3. No Other Licenses. Except as specifically granted in this Agreement, no license or other right is granted, either directly or indirectly, by implication or otherwise, to Customer, and all other rights are expressly reserved to Passport or its third -party vendors, as applicable. 5. THIRD PARTY PRODUCTS 5.1.The successful delivery of the Passport System may require that Customer use certain Third Party Products depending on Customer's operations, and, if so, Customer will be notified. Customer agrees to be bound to all licenses, obligations, restrictions, and limitations in connection with any Third Party Products. Excluding warranty of title to any Third Party Products, all other Third Party Product warranties, including, without limitation, warranties with respect to materials, workmanship, capability, and intellectual property rights are made by such manufacturers and not by Passport. Passport will use commercially reasonable efforts to pass through to Customer for Customer's benefit all end -user warranties 3 that the Third Party Products vendor(s) provides directly to Passport. Customer will look solely to such vendors or manufacturers for all remedies under such warranties. 6. INTELLECTUAL PROPERTY 6.1.Ownership. Customer acknowledges and agrees that the Intellectual Property is exclusively owned by and reserved to Passport, or to Passport's Third Party Software or Third Party Hardware providers, as the case may be, and Passport or such Third Party Software or Third Party Hardware providers will retain all right, title, and interest in the Intellectual Property. Customer will neither acquire nor assert any ownership or other proprietary rights in the Intellectual Property or in any derivation, adaptation, or variation thereof (regardless of who creates the derivation, adaptation, or variation) except as otherwise explicitly set forth in this Agreement. 6.2. Feedback. Nothing in this Agreement or in the Parties' dealings arising out of or related to this Agreement will restrict Passport's right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback (as defined below), without compensating or crediting Customer or the individual providing such Feedback, except to the limited extent that Section 21 (Confidentiality; Trade Secrets) governs Feedback that constitutes Customer's Confidential Information. Notwithstanding the provisions of Section 21 (Confidentiality; Trade Secrets), Customer may not designate Feedback as its Confidential Information to the extent that such Feedback relates to the Passport System. "Feedback" refers to any suggestion or idea for improving or otherwise modifying the Passport System. 7. PRIVACY POLICY; TERMS OF USE 7.1. End users' use of the Passport System shall at all times be governed by Passport's Privacy Policy, which can be viewed at https://passportinc.com/privacy-policy/, and Passport's Terms and Conditions, which can be viewed at https://passportinc.com/terms-and-conditions/. Passport's Privacy Policy and Terms and Conditions may be amended from time to time in Passport's sole discretion. 8. SUPPORT SERVICES 8.1. Customer Support. Passport will provide telephone and email support to Customer's staff Monday through Friday between 8:00 a.m. to 7:00 p.m. ET to address technical support issues. Passport will provide 24/7 after-hours telephone support. Passport can be contacted for support issues at: • 980-939-0990 or via email at help@passportinc.com (Monday -Friday 8AM-7PM ET) • 866.815.3043 or help247@passportinc.com (after-hours support) 8.2. End User Support. Customer shall provide initial support, including inquiries via telephone and email, for End Users. If Customer is unable to address End User inquiries, Customer may direct End Users to Passport's End User support team, which is available Monday through Saturday between the hours of 8:00 a.m. to 9:00 p.m. ET at 704-817-2500 or via email at support@passportinc.com. Customer should not display Passport's support phone numbers (or other direct contact information for Passport) on any marketing or signage visible by End User. 9. PRODUCT UPDATES 9.1. Updates. To the extent that Passport releases any system -wide improvements, modifications, updates, or enhanced versions of the Licensed Software during the Term, the improvements, modifications, updates, or enhanced versions will, when available, be provided to Customer at no charge and will automatically be subject to the terms of this Agreement. 9.2. New Features. Customer may request new features or functionality to be built into the Passport System, and, to the extent that Passport plans in its sole discretion to incorporate such requested new features or functionality into the Passport System, Passport will develop such features and functionality at no cost to Customer pursuant to Passport's development timeline. If Customer desires to expedite such 4 development, Passport may, in its sole discretion, charge Customer an expedite fee to develop the requested features or functionality, provided, however, that Passport shall first notify Customer of the expedite fee and receive written approval from Customer to proceed. If Customer's requested features or functionality are created for Customer's use and Passport does not plan to incorporate such requested features into the Passport System, Passport may, in its sole discretion, charge Customer a custom development fee for the development of such features or functionality, provided again, however, that Passport shall first notify Customer of the custom development fee and receive written approval from Customer to proceed. 10. UPTIME 10.1. Passport will provide the Passport System with Uptime (as defined below) of at least ninety-nine percent (99.0%) calculated over a rolling six-month period ("Uptime Guarantee"). For any month during which the Passport System uptime drops below the Uptime Guarantee, Passport will provide a billing credit in an amount equal to the percentage difference between a) the lowest uptime reached at any point during the month (calculated on a rolling six month period) and b) the Uptime Guarantee, multiplied by the total fees payable to Passport for such month. For example, if Uptime falls to ninety-five percent (95.0%) during a given month and if during that month the fees payable to Passport were one hundred dollars ($100.00), Passport will issue a billing credit of four dollars ($4.00). Uptime is defined as any period of time during which end users of the Passport System can use the Passport System, excluding any scheduled maintenance performed by Passport after hours or unavailability or impaired functionality of the Passport System due to causes outside of Passport's reasonable control (e.g., disruptions caused by Passport's hosting or payment processing partners). 11. FEES; PAYMENT 11.1. License Fees. In consideration for the licenses granted to Customer under this Agreement, Customer shall pay to Passport the License Fees. 11.2. Annual License Fees. For License Fees that are payable on an annual basis, as indicated in an Order Form, License Fees for the first year of the Term are due and payable upon the Effective Date and, thereafter, on the anniversary of the Effective Date for the duration of the Term. 11.3. Third Party Products Fees. Customer shall pay Passport all fees related to Third Party Products supplied to Customer under this Agreement as set forth in an Order Form (collectively, the "Third Party Product Fees") if applicable. Fees for Third Party Products provided through Passport from and after the Effective Date may be subject to change based on the then -prevailing market rates of any Third Party Product provider for such products. 11.4. Implementation or Monthly Minimum Fees. Customer shall pay Passport the implementation fees or monthly minimum fees, if any, as set forth in an Order Form. 11.5. Fee Assumptions. Passport's License Fees, gateway services fees, and merchant services provider fees as set forth in this Agreement as of the Effective Date are conditioned upon certain underlying information pertaining to Customer's operations provided to Passport by Customer relating to transaction volume (e.g., number of mobile pay transactions, number of citations written, or number of parking permits purchased), transaction rates (e.g., hourly parking rates, citation rates, and permits rates), and average dollar amount of transactions as of the Effective Date, as well as card network fees in effect as of the Effective Date. To the extent there are non -trivial changes in any of the foregoing from and after the Effective Date, the License Fees, gateway services fees, and/or merchant services provider fees are subject to change to maintain, as closely as possible, the economic arrangement anticipated, or subsequently achieved, based on the information and card network fees in effect as of the Effective Date. Passport and Customer shall negotiate in good faith with respect to the same, provided, however, that Passport shall not be obligated to continue providing the Passport System if the Parties are unable to reach agreement on a revised fee structure. 5 11.6. Expenses. Customer shall reimburse Passport for any travel, lodging, and meal expenses incurred in connection with Passport's performance under this Agreement, which shall be invoiced as incurred. 11.7. Payment Terms. Unless otherwise indicated in an Order Form, all payments due to Passport hereunder are due and payable within thirty (30) days after the date of the invoice. Any amounts not timely paid shall bear interest at the rate of one and one-half percent (1.5%) per month from the due date or, if lower, the maximum rate permissible by law. If Customer fails to remit payment when due, Passport will have, in its sole discretion, the right to immediately suspend or terminate Customer's access to the Passport System in accordance with Section 17.2.1 and/or withhold funds in Passport's possession that would otherwise be remitted to Customer, in addition to any other remedies available to Passport under this Agreement or under law. Unless otherwise specified in an Order Form, all amounts payable to Passport hereunder are payable in full in United States Dollars without deduction or set off and shall be in addition to all tax obligations of Customer. If a currency other than the U.S. Dollar is specified in the Order Form, the exchange rate will be fixed at the foreign exchange rate published by the United States Federal Reserve on the date the remittance of payment is made or pursuant to a suitable commercially available service to the extent utilized by Passport in its sole discretion. If Customer requires remittance of funds by check or custom invoicing inconsistent with Passport's standard format, Passport reserves the right to assess reasonable additional fees that shall be communicated and agreed upon with Customer in advance. 12. CUSTOMER OBLIGATIONS. In addition to the payment of fees as set forth above any other obligations of Customer set forth in this Agreement, Customer shall also be subject to the following covenants: 12.1. Customer shall use Passport as Customer's sole provider for the Products and services procured by Customer under this Agreement and any substantially similar products or services provided by other vendors that are capable of being provided by Passport. 12.2. Passport's pricing is conditioned on Customer's continuous use of the Passport System throughout the Term consistent with historical use of the Passport System or any predecessor system. Customer covenants that it will not, during the Term, take any action that would materially diminish or cease the use of the Passport System, except in the case of a termination pursuant to Section 17.2. 12.3. From and after the Effective Date, Customer shall cooperate reasonably and promptly with Passport, and devote sufficient personnel and resources, to support the configuration and implementation of the Passport System through and including the Substantial Completion Date and Go - Live Date, and thereafter as reasonably necessary to continue the ongoing operations and maintenance of the Passport System on behalf of Customer. 13. PAYMENT GATEWAY PROVIDER 13.1. Passport is a payment gateway provider and shall provide payment gateway services to Customer in connection with the Products delivered under the Passport System at the rates indicated in the Order Form. 14. MERCHANT SERVICES PROVIDER 14.1. Passport Labs, Inc. is a full -service Merchant Services Provider, meaning a service provider certified by the major card networks (Visa, Mastercard, Discover, and American Express) to process credit and debit card transactions. Passport maintains itself as the merchant of record and Merchant Services Provider in connection with the provision of the Passport system. Customer will be responsible for paying all transaction and processing fees as defined in the fee schedule. Passport may change or add fees and/or charges following a major network update that significantly impacts the merchant costs assumed by Passport and will communicate applicable updates through Passport's Service Delivery Process. Upon notice of changes, such fees and/or charges shall be immediately payable by Customer 6 when assessed by Passport. Should additional fees or charges be deemed commercially unreasonable, Customer has the option to terminate this Agreement within fifteen (15) days of notice of change in fees by providing written notice to Passport. 15. TAXES 15.1. To the extent applicable, Customer agrees to pay all taxes levied by a duly constituted taxing authority against or upon the products and services provided pursuant to this Agreement, or arising out of this Agreement (excluding, however, taxes based on Passport's income) regardless of whether such taxes become due or payable at the time of delivery or use of the Passport System or subsequent thereto. Customer agrees to pay any tax for which it is responsible hereunder which may be levied on or assessed against Customer directly, and, if any such tax is paid by Passport, to reimburse Passport therefore, upon receipt of proof of payment by Passport. Customer agrees to indemnify, defend, and hold Passport harmless with respect to all taxes or duties which any federal, state, or local taxing authority requires Passport to pay on behalf of Customer. 16. SHIPMENT AND DELIVERY 16.1. If any Third Party Products are purchased by Customer under this Agreement, Passport will deliver the same FOB shipping point for delivery to the installation site designated by Customer. Customer agrees to pay all reasonable delivery charges for the Third Party Products. Delivery schedules may not be canceled, postponed, or changed without Passport's prior written consent. Unless otherwise expressly stated, shipments shall be separately invoiced and paid as billed without regard to subsequent deliveries. Failure to timely pay Passport any monies due or owing Passport shall excuse Passport from making further deliveries, in addition to any other remedies to which Passport is entitled under this Agreement. Title to and risk of loss in the Third Party Products shall pass to Customer when the delivery carrier takes possession of the Third Party Products. 17. TERM AND TERMINATION 17.1. Term. This Agreement is effective as of the Effective Date and shall remain effective for as long as there is an active Order Form, unless sooner terminated pursuant to Section 17.2 below. Upon expiration of the Initial Term of an Order Form, the Order Form shall automatically renew for cucccscivc Renewal Tcrms on thc samc tcrms and conditions, unless either Party notifies thc othcr in Renewal Term of its intent not to renew.This Agreement may be renewed by mutual written agreement of the parties. 17.2. Termination. The following termination rights are in addition to any rights provided elsewhere in this Agreement and are without prejudice to any other right or remedy available to Passport or Customer at law or in equity: 17.2.1. Passport may terminate this Agreement and all licenses granted hereunder upon notice to Customer in the event that Customer fails to make full payment when due of any amount required to be paid by Customer under this Agreement within ten (10) calendar days of Passport's written notice of such failure to pay. 17.2.2. This Agreement may be terminated by either Party upon thirty (30) calendar days' prior written notice to the other Party in the event of a matcrial breach of a matcrial provision of this Agreement, provided, however, that the termination shall not be effective if, during the thirty (30) day notice period, or such other cure period as mutually agreed upon by the Parties, the breaching Party cures the breach. 17.3. Effect of Termination. Upon expiration or termination of this Agreement for any reason, (a) any licenses granted to Customer and all rights of Customer in and to the Passport System will immediately terminate; (b) Customer shall immediately cease using the Passport System; (c) Customer 7 shall return to Passport any Licensed Hardware which Customer has not obtained title to as of such expiration or termination, and (d) all monies paid or due or owing to Passport by Customer up to such cancellation, completion, expiration, or termination shall be deemed non-refundable. Customer shall make payment on Passport's final invoice as set forth in Section 12.4. Passport will provide commercially reasonable assistance to Customer to enable the transition of the services to a successor vendor, if requested by Customer, provided first, however, that Customer has remitted to Passport all outstanding balances. 18. WARRANTIES. 18.1. Passport Warranties. 18.1.1. Passport warrants that it has full power and authority to license the Passport System to Customer as provided herein without the consent of any other person, or, in the event such consent is required, Passport has obtained said consent. 18.1.2. Passport warrants that the unmodified Passport System will operate in accordance with its specifications. Under this warranty, Passport will correct any errors in the unmodified Passport System at no extra charge to Customer. The foregoing warranty shall not apply to Third Party Products. 18.1.3. Passport further represents and warrants that (a) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; (b) this Agreement shall be the legal, valid, and binding obligation of Passport, enforceable against it in accordance with the terms hereof; (c) the execution and performance of this Agreement will not violate any federal, state, or local statute, rule, or regulation or any other contractual obligation of Passport, and (d) the person signing this Agreement on behalf of Passport is authorized to bind Passport to this Agreement. 18.2. Customer Warranties. Customer represents and warrants that (a) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; (b) this Agreement shall be the legal, valid, and binding obligation of Customer, enforceable against it in accordance with the terms hereof; (c) the execution and performance of this Agreement will not violate any federal, state, or local statute, rule, or regulation or any other contractual obligation of Customer, and (d) the person signing this Agreement on behalf of Customer is authorized to bind Customer to this Agreement. 19. DISCLAIMERS 19.1. GENERAL. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, PASSPORT EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PASSPORT DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT THE PASSPORT SYSTEM WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE PASSPORT SYSTEM AND/OR ITS USE WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT EVERY DEFECT IN THE PASSPORT SYSTEM WILL BE CORRECTED. THE PASSPORT SYSTEM IS EXPRESSLY PROVIDED "AS IS." 19.2. THIRD PARTY SOFTWARE AND THIRD PARTY HARDWARE DISCLAIMER. PASSPORT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE THIRD PARTY SOFTWARE AND AS TO THE THIRD PARTY HARDWARE INCLUDING, WITHOUT LIMITATION, AS TO QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT, AND ALL 8 OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE OR THIRD PARTY HARDWARE ARE HEREBY EXPRESSLY DISCLAIMED. THIRD PARTY SOFTWARE OR THIRD PARTY HARDWARE PROVIDED UNDER THIS AGREEMENT ARE EXPRESSLY PROVIDED "AS IS." 19.3. EXCLUSIONS. Notwithstanding any other provisions of this Agreement to the contrary, the limited warranties provided in this Agreement shall not apply to nonconformities, errors, or defects of any goods or services provided by Passport pursuant to this Agreement or any amendments thereto due to any of the following: (a) Customer misuse of the Passport System; (b) Customer modification of the Licensed Software; (c) Customer failure to utilize compatible computer and networking hardware and software or to install updated or enhanced versions of the Licensed Software provided by Passport; or (d) interaction with software or hardware not provided by Passport. 20. LIMITATION OF LIABILITY 20.1. IN NO EVENT SHALL PASSPORT'S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT OF ALL FEES ACTUALLY PAID BY CUSTOMER TO PASSPORT PURSUANT TO THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD ENDING ON THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COST OF COVER, PUNITIVE, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED PROFITS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (A) TO CUSTOMER'S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT; OR (B) IN THE EVENT OF A BREACH OF THE PARTIES' CONFIDENTIALITY OBLIGATIONS CONTAINED IN THIS AGREEMENT. 20.2. PASSPORT AND CUSTOMER EACH ACKNOWLEDGE THAT THE PROVISIONS OF THIS AGREEMENT WERE NEGOTIATED TO REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THEM OF ALL RISKS (BOTH KNOWN AND UNKNOWN) ASSOCIATED WITH THE TRANSACTIONS CONTEMPLATED HEREUNDER. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCEABLE INDEPENDENT OF AND SEVERABLE FROM ANY OTHER PROVISION OF THIS AGREEMENT. 21. CONFIDENTIALITY; TRADE SECRETS. 21.1. Obligations. Each Party will maintain in strict confidence all Confidential Information of the Disclosing Party. The Receiving Party will not disclose or grant use of the Disclosing Party's Confidential Information to any third party except to the Receiving Party's employees and other representatives who have a need to know such Confidential Information or as expressly authorized by the Disclosing Party in writing. The Receiving Party will not use the Disclosing Party's Confidential Information except as authorized by this Agreement. The Receiving Party will use at least the same standard of care to protect the Confidential Information of the Disclosing Party as it uses to protect its own confidential information of a similar nature, but in no event with less than reasonable care. The Receiving Party will cause each employee or other representative to whom the Receiving Party discloses the Confidential Information to be bound by an obligation of confidentiality that is at least as rigorous as the obligations contained in this Agreement. The Receiving Party will promptly notify the Disclosing Party upon discovery of any unauthorized use or disclosure of the Disclosing Party's Confidential Information. Unless otherwise set forth herein, upon the expiration or termination of this Agreement for any reason, or upon the request of the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party (or, at the Receiving Party's option, destroy) all of the Disclosing Party's Confidential Information and shall promptly certify in writing that it has done so; provided, however, that the Receiving Party shall not be obligated to return or destroy any Confidential Information stored in archival or back-up files for which return or destruction is not 9 reasonably practicable or any Confidential Information that must be retained for as long as necessary for purposes of audit, compliance, dispute resolution, or record retention pursuant to this Agreement. 21.2. Exceptions. The foregoing obligations of confidentiality shall not apply to any information that the Receiving Party can show is or was: (a) already known to the Receiving Party at the time of disclosure without obligation of confidentiality; (b) independently developed by the Receiving Party without use of or access to the Confidential Information of the Disclosing Party; (c) approved for disclosure by the Disclosing Party beforehand and in writing; (d) in the public domain without breach of this Agreement; or (e) lawfully received by the Receiving Party from a third party without obligation of confidentiality. 21.3. Permitted Disclosures. Nothing in this Section shall be construed to prohibit either Party from disclosing the Confidential Information of the other Party to the extent that such disclosure is required by applicable law or order of a court or other governmental agency, including pursuant to any open records law, open meetings law, or any other local public disclosure law applicable to Customer; provided, however, that the Receiving Party shall promptly notify the Disclosing Party in writing of such requirement and shall cooperate with the Disclosing Party to minimize the scope of any such disclosure and to obtain a protective or similar order. 21.4. Trade Secrets. Customer hereby acknowledges that the Passport System and its components, whether provided by Passport or its third -party vendors or licensors, constitute trade secrets of Passport and/or its third party -vendors or licensors, and as such are protected by civil and criminal law, are very valuable to Passport and/or its third -party vendors or licensors, and that their use must be carefully and continuously controlled. Customer agrees to notify Passport immediately of the unauthorized possession, use, or knowledge of any item supplied under this Agreement by any person or organization not authorized by this Agreement to have such possession, use, or knowledge. Customer will promptly furnish Passport full details of such possession, use, or knowledge and will cooperate fully with Passport in any litigation against third parties reasonably deemed necessary by Passport to protect its proprietary rights. 21.5. No Adequate Remedy. In the event of a breach of this Section 21, the parties agree that the Disclosing Party may not have an adequate remedy at law, in money, or damages and, accordingly, shall be entitled to seek an injunction against such breach without posting a bond, in addition to any other remedies at law or in equity. 22. DATA RIGHTS. This Section shall govern the rights of Passport and Customer, as the case may be, with respect to the data that is subject to this Agreement. Passport will, by provisions in its Privacy Policy or otherwise, procure from such end users all such lawful consents and rights necessary to grant to Customer the rights in such data as stated in this Section. Passport's Privacy Policy, as it may be amended from time to time in Passport's sole discretion, can be viewed at https://www.passportinc.com/privacy-policy. 22.1. Operational Data. Operational Data is data specific to Customer's operation that is provided by Customer to Passport to be used in the configuration and provision of the Passport System for Customer's use. Operational Data is specific to Customer's operation, which is not available to Passport publicly or by other means. Operational Data may include, but is not limited to, zone information, rate information, operational schedules, business metrics, business rules, parking and other inventory and assets, and relevant details of partner agreements. In each case, Operational Data may refer to past, present, or future states of such items. Operational Data is the sole and exclusive property of Customer. Customer grants Passport a perpetual, irrevocable, royalty -free, and non-exclusive license to Operational Data. 22.2. PCI-DSS Information. Payment Card Industry -Data Security Standard Information ("PCI-DSS Information") consists of the following items, each as defined by the then -current Payment Card Industry Data Security Standards ("PCI-DSS"): Account Data; Cardholder Data; Primary Account Number; and Sensitive Authentication Data. Passport acquires a license or sublicense to the PCI-DSS Information 10 from end users who share such data with Passport in connection with their use of the Software. In providing the services under this Agreement, Passport will maintain Payment Card Industry — Data Security Standard certification and secure PCI-DSS Information in accordance with PCI-DSS. As such, Passport may not grant Customer derivative rights to such PCI-DSS Information and Passport shall not be required to disclose such PCI-DSS Information to Customer. 22.3. Personal Identifiable Information. Personal identifiable information ("PII") is any representation of information that permits the identity of an individual to whom the information applies to be reasonably determined or inferred by either direct or indirect means. Name, address, social security number, telephone number, or email address directly identify individuals. Certain data elements —including gender, race, birth date, geographic indicator (such as zip code or postal code), and other descriptors — can be used in conjunction or with other data elements to indirectly identify individuals. 22.4. Activity Data. Activity Data is any data generated in the providing of services under this Agreement by Passport to Customer and by end users' interactions with the services or with Passport directly that is not otherwise PCI-DSS information or PII as defined above. Activity Data may include, but is not limited to, user interaction data, geolocation data, opt-in/opt-out status (including compliance logs), purchase and session data, application diagnostic data, service performance data, and support data. Data that is derived from Activity Data is also Activity Data. Activity Data is the sole and exclusive property of Passport. Passport grants Customer an irrevocable, royalty -free, non-exclusive, non -assignable, and nontransferable license to Activity Data for the Term to the extent and in the format that Passport chooses in its sole discretion to expose such Activity Data through its administrative portal or as otherwise agreed upon with Customer and only for Customer's internal use in connection with the services provided under this agreement. 23. PUBLICITY; USE OF NAMES AND MARKS. Subject to the provisions of Section 21 (Confidentiality; Trade Secrets), the parties will have the right to publicly disclose that Passport is Customer's provider of the Passport System as set forth herein by means of, by way of illustration and not limitation, news releases, public announcements, or other forms of publicity. Passport may use the name or marks of Customer, or reference the fact that Customer is a client of Passport, for business development purposes, as part of a portfolio or work, or in an illustrative list of clients. 24. DISPUTE RESOLUTION 24.1. Negotiation. If a dispute arises between or among Passport and Customer arising out of or concerning the meaning or interpretation of this Agreement or the terms or performance of this Agreement (collectively, a "Dispute") Passport and Customer shall first attempt to settle such Dispute through good faith discussions and negotiations among principals of each Party authorized to bind each Party. 24.2. Venue; Jurisdiction. Any action or proceeding directly or indirectly arising out of a dispute will be settled exclusively in Mecklenburg Washington County in the state of Ne#Eh CarolinaMinnesota and the parties expressly submit to and consent that the courts and authorities of the state of North CarolinaMinnesota will have exclusive jurisdiction over any such litigation. The parties hereby consent to service, jurisdiction, and venue of such courts for any litigation. 24.3. Governing Law. This Agreement, and any Disputes arising hereunder, shall be governed, interpreted, construed, and enforced in all respects in accordance with the laws of the State of North-GarolinaMinnesota excluding its conflict of laws rules. 25. GENERAL PROVISIONS. 25.1. Complete Agreement. This Agreement is intended as the complete, final, and exclusive statement of the terms of the agreement between the parties regarding the subject matter hereof and supersedes all other prior or contemporaneous agreements or understandings, whether written or oral, 11 between them relating to the subject matter hereof. No amendment to, or modification of, this Agreement shall be binding unless in writing and signed by a duly authorized representative of both parties. Each Party expressly acknowledges that there are no warranties, representations, covenants, or understandings of any kind, manner, or description whatsoever by either Party to the other except as expressly set forth in this Agreement. 25.2. No Waiver. Failure by either Party to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights or remedies under this Agreement will not be construed or deemed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and will remain in full force and effect. Any waiver by either Party of its rights under this Agreement must be in writing and signed by a duly authorized representative of the waiving Party. 25.3. Assignment. This Agreement and all of its provisions will be binding upon and inure to the benefit of the parties and their respective permitted successors and assignees. Neither Passport nor Customer may assign any rights, interests, or obligations hereunder without prior written consent of the other Party, provided, however, that Passport may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this agreement. Any purported assignment in violation of this section shall be void and of no effect. 25.4. Construction. The language of all parts of this Agreement will in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either of the parties. Headings of paragraphs herein are for convenience of reference only and are without substantive significance. No rule of law that requires that any part of the Agreement be construed against the Party drafting the language will be used in interpreting this Agreement. 25.5. Severability. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, (a) the Parties shall amend the pertinent provision(s) to reflect as nearly as possible the original intentions of the Parties, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. 25.6. Relationship of Parties. The Parties expressly understand and agree that each Party is an independent contractor in the performance of each and every part of this Agreement and is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith. Further, neither Party, by virtue of this Agreement, will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other Party. 25.7. No Third Party Beneficiaries. This Agreement is made for the benefit of Passport and Customer and not for the benefit of any third parties. 25.8. Notices. All notices or other communications required or permitted to be made or given hereunder by one Party to the other Party shall be in writing and shall be deemed to have been given: (a) when hand delivered; (b) on the third (3rd) business day after the day of deposit in the United States mail when sent by certified mail, postage prepaid and return receipt requested; or (c) on the next business day after the day of deposit with reputable overnight delivery service. Such notices shall be sent to the address set forth below, or at such other addresses as may hereafter be furnished in writing by either Party to the other Party specifically as the Party's replacement address for notice under this Agreement. [continued next page] 12 If to Passport: If to Customer: Passport Labs, Inc. 128 S. Tryon St., Suite 1000 Charlotte, NC 28202 Fax: (888) 804-1783 sales@passportinc.com Attn: CRO With a hard copy to General Counsel and by email to legal@passportinc.com City of Stillwater: 216 4`h St. North Stillwater MN 55082 Attn: City Administrator 25.9. Force Majeure. If the performance of this Agreement or of any obligation hereunder is interfered with by reason of any circumstances beyond the reasonable control of the Party affected, including, by way of illustration and not limitation, fire, explosion, power failure, acts of God, war, revolution, epidemic, pandemic, or other public health concern, civil commotion, acts of public enemies, cybersecurity incident, any law, order, regulation, ordinance, executive order, or requirement of any government or legal body, delays or omissions attributable to third -party vendors, suppliers, or integration partners, or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts, then the Party affected shall be excused from such performance on a day-to-day basis to the extent of such interference (and the other Party shall likewise be excused from performance of its obligations on a day-to- day basis to the extent such Party's obligations are contingent on the performance so interfered with); provided that the Party so affected shall use reasonable efforts to remove such causes of nonperformance. 25.10. Survival of Obligations. All rights and obligations of the parties under this Agreement, including, without limitation, those contained in the confidentiality provisions herein, which by their nature would continue beyond the termination or expiration of this Agreement, shall survive termination or expiration of this Agreement and shall remain in full force and effect between the parties. 25.11. Counterparts. This Agreement may be executed in several counterparts, each of which when executed and delivered shall be deemed an original and each of which alone and all of which together shall constitute one and the same instrument. Facsimile signatures (or signatures in a .pdf or similar copy of the original) or electronic signatures shall be treated as original signatures for the purpose of enforcing this Agreement. Any signature delivered by a Party by facsimile transmission or electronic delivery shall be deemed to be an original signature hereto. [signature page follows] 13 Formatted: Not Highlight Formatted: Superscript, Not Highlight Formatted: Not Highlight IN WITNESS WHEREOF, each Party hereto, intending to be legally bound hereby, has caused its duly authorized representative to execute this Agreement and bind such Party effective as of the Effective Date. CUSTOMER: PASSPORT: PASSPORT I ABC ICIC Name: Name: Title: Titlo: Date: Date: PASSPORT: PASSPORT LABS, INC. Pv: Printed Name: Its: 14 Formatted: No underline Formatted: No underline CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk 15 iliwater THE BIRTHPLACE OF MINNESOTA DATE: June 29, 2022 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Third Party Gift Card Ordinance BACKGROUND For many years the sale of third party gift cards have become increasingly used in criminal activity and fraudulent activity due to the limited ability for police to track purchases. The Stillwater Police Department has also seen a significant uptick in the calls for service regarding fraud and scams and the involvement of third party gift cards. These fraud/scam cases impact our most vulnerable populations. This ordinance will deter the fraudulent purchase of third party gift cards, while providing an opportunity for criminal investigators to follow-up on reported crimes involved these types of cards. The Police Department will work with community development in identifying business to contact regarding this new ordinance and potential changes to their internal processes. RECOMMENDATION Staff recommends adoption of this ordinance. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving 1st reading of an ordinance amending Chapter 52 of the City Code of the City of Stillwater by adding a provision for the procurement of third party gift cards. ORDINANCE AN ORDINANCE AMENDING CHAPTER 52 OF THE CITY CODE OF THE CITY OF STILLWATER BY ADDING A PROVISION FOR THE PROCUREMENT OF THIRD PARTY GIFT CARDS The City Council of the City of Stillwater does ordain: SECTION 1. ENACTMENT. Article 52-21 of the City Code, Third Party Gift Card Procurement, is hereby enacted as follows: 52-21. — THIRD PARTY GIFT CARD PROCUREMENT Subd. 1. Purpose. The fraudulent procurement of third party gift cards at retail establishments in the city has become a widespread problem. These incidents affect numerous victims and require considerable law enforcement resources to investigate. By adopting these provisions, the City Council desires to protect the health, safety, and welfare of all persons living in the city, visiting the city, and operating businesses within the city by deterring the fraudulent procurement of third party gift cards at retail establishments and conserving the limited amount of time, energy, and resources available to local law enforcement agencies when investigating said behavior Subd. 2. Definitions. For the purpose of this section, the following definitions shall apply. (1) Financial Transaction Card. Any instrument or device, whether known as a credit card, credit plate, charge plate, courtesy card, bank services card, banking card, check guarantee card, debit card, electronic benefit system (EBS) card, electronic benefit transfer (EBT) card, assistance transaction card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining credit, money, goods, services, public assistance benefits, or anything else of value, and includes the account or identification number or symbol of a financial transaction card. (2) Third Party Gift Card. A reloadable or non-reloadable prepaid card sold at retail establishments and used to make purchases via any credit card, bank card, or other monetary card network, for which the value is decreased upon each purchase. (3) Retail Establishment. A physical place of business in which consumer merchandise is sold to the general public. (4) Person. An individual, partnership, limited partnership, limited liability company, corporation, or other legal entity. (5) Proof of Identification. A driver's license, Minnesota identification card number, or other identification document issued for identification purposes by any state, federal, or foreign government if the document includes the person's photograph, full name, birth date, and signature. (6) Sell. To transfer to another in exchange for monetary consideration through the use of a financial transaction card. Subd. 3. Identification Verification Required. Any person that sells a third party gift card to an individual on behalf of a retail establishment, including an agent, employee, or other representative of the retail establishment, shall require that the individual purchasing the third party gift card display proof of identification and shall verify that said proof of identification matches the individual's form of payment. Subd. 4. Self -Checkout. A retail establishment shall not allow the purchase of third party gift cards at self -checkout kiosks where customers themselves scan merchandise and pay without the assistance of an employee of the retail establishment. Subd. 5. Enforcement; Violations. Penalties for violations shall be enforced against the retail establishment through the administrative citations process pursuant to City Code § 22- 10. 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: An ordinance to deter the fraudulent purchases of third party gift cards at retail establishments by requiring the individual purchasing the third party gift card to provide proof of identification. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2022. Publish: Stillwater Gazette — Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater THE BIRTHPLACE OF PAINNESOTA DATE: July 5, 2022 TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Commercial Water Billing DISCUSSION The City's water billing rate structure is set up to where commercial properties are billed a seasonal rate during the months May through October. With the change to quarterly utility billing for all properties, the rate change for commercial properties does not coincide with the City's quarterly billing cycle. Prior to 2022, commercial properties were billed monthly. The Finance Department has proposed to adjust the commercial billing rate to match that of the billing cycle which would add April and delete October for the seasonal rate. This item was presented to the Utility Commission and approved. RECOMMENDATION Staff recommends that Council approve seasonal rate billing change for commercial properties from May to October to April through September. ACTION REQUIRED If the Council agrees with recommendation, they should pass RESOLUTION 2022- APPROVING DATE CHANGE OF SEASONAL COMMERCIAL UTILITY RATES. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVING DATE CHANGE OF SEASONAL COMMERCIAL UTILITY RATES WHEREAS, the current billing rate structure for commercial properties in the City of Stillwater is set up so they are billed a seasonal rate from May through October. WHEREAS, the seasonal rate change for commercial properties does not coincide with the current quarterly utility billing cycle. WHEREAS, adjusting seasonal commercial rate to match the current quarterly billing would mean changing the billing months from April to September, rather than May to October. WHEREAS, aligning the seasonal commercial rate with the current quarterly billing schedule would be a benefit to the Finance Department and is supported by the Utility Commission NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that seasonal commercial utility rate be in effect from April to September. Adopted by the Stillwater City Council this 5th day of July 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Washington -....--County BOARD BOARD WORKSHOPS June 28, 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 Workshops will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board Workshops will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration@co.washington.mn.us, or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the Board Workshops, will be provided to each county commissioner. 1. 9:00 Board Workshop with Administration - Matt Massman, MICA Executive Director A. Minnesota Inter -County Association (MICA) Update 2. 9:45 Board Workshop with Accounting and Finance - Tabatha Hansen, Director A. American Rescue Plan Act 2022 Recovery Plan Workshop 3. 10:45 Break 4. 11:00 Board Workshop with Property Records and Taxpayer Services - Phillip Freeman, Interim License Center Division Manager A. License and Service Center Operation Workshop * Please note: No official county business or votes will take place during Workshop Only meetings. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer