Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2023-03-07 CC Agenda Packet
TornM4arnQ li.st1:4 ,pint 11 :NMI f Beth Wolf I IT 1�•lt \ e Stillwater City Council March 7, 2023 - 4:30pm n ti/ /ooni �:1�•r��l�i�� cs = Conditional Simulation 0 5 .0 edor.69 0 Fr R9044-m4 $A I)rr .5 Mina! F • naaaa • HS ' Historical Simulation Chance of Exceeding River Stage at St Croix River at Stillwater (STLM5) Forecast for the period 02/27/2023 - 05/28/2023 This is a conditional simulation based on the conditions as of 02/20/2023 .0 ,5 .0 ,5 •, o Chance of Exceeding River Stage et St Croix River at Stillwater (STLM5) Forecast for the period 02,25/2019 - 05f26/2019 This Is a conditional simulation based on the conditions as of 02(18,2019 D7,5 )5,0 )2.5 )0,0 17,5 1 a,.A .2, 94 15.0; *-..—A- t. t Conditional Simulation 40% chance -river rises 689 elevation a► Historical Simulation 12.5 99% 98% 95% 90% 80% 70% 60% 50% 4% 30% 20% 10% 5% 2% 1% Exceedence Probability ZOZS . 10.01 '7.5] i '5.0 1 f--" 99% 98% 95% 90% -a. • • + Conditional Simulation - Historical Simulation 40% chance -river rises 689 elevation River crested at 688.5 80% 70% 60% 50% 40% 30% 20% 10% 5% 2% Exceedence Probability 201'i. 1% Climate Action Plan Stillwater MNCouncil Member Larry Odebrecht3/7/2023This Photo by Unknown Author is licensed under CC BY‐NC Background•The Stillwater MN Climate Action Plan is a comprehensive approach to reducing greenhouse gas emissions and mitigating the effects of climate change.•It aims to create a more sustainable future for the city and its residents, while improving economic, physical, and environmental health.•The plan is important because climate change is a pressing issue that requires immediate action, and Stillwater is committed to leading the charge in the fight against it.This Photo by Unknown Author is licensed under CC BY‐SA‐NC Key Issue for Stillwater: Funding•Stillwater faces significant future costs right now that hit the core functions of government:•Expensive facilities maintenance•Expanding population and popularity requiring additional safety materials and personnel•Inflation•This plan will requireState and Federal dollars for larger projects•Federal “Inflation Reduction Act”•State: Governor’s Budget RequestThis Photo by Unknown Author is licensed under CC BY‐SA‐NC Key ComponentsThis Photo by Unknown Author is licensed under CC BY‐SA‐NCSuccessClimate Action CommitteeCommunity EngagementXcel Energy's Partners in Energy ProgramProblem Statement: The City of Stillwater faces a significant challenge in mitigating the negative impacts of climate change, including increased flooding, extreme weather events, and a rising carbon footprint. Phases1DefineEstablishing goals, identifying areas of focus, and creating a Climate Action Committee to work towards a sustainable future.3AnalyzeEvaluating the collected data to determine progress towards established goals and identify areas for improvement.4ImproveDeveloping and implementing new solutions based on the analysis and feedback from the community to continually reduce carbon emissions and adapt to climate change.This Photo by Unknown Author is licensed under CC BY‐NC‐ND2MeasureCollecting data to understand the current carbon footprint and the effectiveness of implemented solutions. Climate Action Committee•Purpose: Bring together community leaders (including Sustainable Stillwater), City Council members, and subject matter experts to define, measure, and solve climate change challenges in Stillwater.•Frequency: Meets twice a month (initially) at City Hall.•Role: Develop and implement a comprehensive climate action plan. Xcel Energy's Partners in Energy Program•Purpose: Support the Stillwater community in the analysis, goal planning, and execution of the Climate Action Plan with respect to Energy.•Range of Services: Energy planning workshops, action planning, leveraging existing plans and goals, support for implementation, project management, marketing collateral, outreach, and strategy development for new ideas.•Data Analysis: Provides data analysis services to track progress towards goals and make informed decisions on how to continuously improve sustainability efforts.This Photo by Unknown Author is licensed under CC BY‐SA Community Engagement•City prioritizes public engagement and education to ensure residents have a voice in the process and the opportunity to provide feedback.•Engage underserved communities, such as lower‐income residents, to ensure an inclusive and equitable approach.•Leverage community events, digital tools, storytelling, and partnerships with community organizations to engage and educate the community. Ask of City Council(resolution to follow)Accept this PlanAcceptSupport the Creation of a Climate Action CommitteeSupportJoin Xcel’s Partners in Energy PlanJoin SUlIwater The Birthplace of Minnesota No Change to Agenda 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Notice: A Councilmember will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Barnes & Noble Booksellers, 5377 Tamiami Trail N in Naples, FL. AGENDA CITY COUNCIL MEETING March 7, 2023 WORKSHOP MEETING I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Sundance Stillwater Development 2. SAFER Grant Discussion - Resolution 3. Mobile Food Units 4. City Code Revisions IV. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator - Information Technology Update 9. Library Director V. RECESS 4:30 P.M. REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 10. Proclamation - Colorectal Cancer Awareness Month X. OPEN FORUM — open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. 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. 11. February 21, 2023 Regular Meeting Minutes 12. Payment of Bills 13. 2023 Parking Lot and Trail Improvements Approve Bids and Award Contract - Resolution 14. 2023 Street Improvement Project - Saw Cutting Contract Agreement 15. 2023-2025 Labor Agreement with AFSCME Council 5 Local 517 - Resolution 16. 2023-2025 Labor Agreement with MNPEA Managers Association - Resolution 17. 2023-2025 Compensation Adjustment for Nonrepresented Employees - Resolution 18. County Road 5 Phase 2 Project Award Contract - Resolution 19. Cruisin' on the Croix Car Show Event Contract Agreement 20. Enterprise Resource Planning Sofware Agreement 21. Hauler License for Allied Waste Services 22. Inflow and Infiltration Grant Program Agreement — Resolution 23. Lily Lake Pressure Reducing Valve Project Approve Bids and Award Contract — Resolution 24. MNDOT Limited Use Permit for Downtown Pedestrian Crosswalk — Resolution 25. Parks & Recreation Commission Appointment 26. Pioneer Park Restoration Project Grant Agreement 27. Short Term Home Rental License for 906 Maple St W 28. Stillwater Half Marathon Event Contract Agreement 29. Zoning Text Amending City Code Section 31-325 (Allowable Uses in Non -Residential Districts) and City Code Section 31-101 to Establish Appropriate Locations for Indoor Commercial Recreation Uses — Ordinance 2nd Reading XII. PUBLIC HEARINGS— when addressing Council please limit your comments to 10 minutes or less 30. Appeal of Heritage Preservation Contingent Design Approval for New Dwelling at 1824 1st St N (Rambacher Residence) — Resolution XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS — None XV. COUNCIL REQUEST ITEMS 31. Climate Action Plan XVI. ADJOURNMENT Page 2of2 City Council Meeting Agenda March 7, 2023 Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Abbott Paint Ammonia House Inc. Ancom Technical Center Arcola Construction Arrow Sports Group Aspen Mills AT&T Mobility 8509 Barnum Gate Services Bolton & Menk Inc. Budget Exteriors Canteen Refreshment Services Century Link Cintas Corporation Clifton LarsonAllen LLP Coca-Cola Distribution Corval Constructors DLT Solutions LLC ECM Publishers Fastenal Company Ferguson Waterworks #2518 Field Training Solutions Force America Freshworks Inc Golden Expert Services Gopher State One Call Inc. Gow Josh Grainger Granicus Inc Greater Stillwater Chamber of Commerce Guardian Supply Heritage Printing Inc. Hildi Inc HM Cragg Holiday Circle K - Washes Hudson Rod Gun & Archery Club Huebsch Service Ice Sports Industry Instrumental Research IState Truck Center Jefferson Fire and Safety Inc. Lake Country Door LLC Lawson Products League of MN Cities LegalShield Linde Gas & Equipment Lindstrom Solar LLC Loffler Companies Mansfield Oil Company Marshall Electric Company Snacks for concessions Sprayer repair Equipment repair supplies Radio install and swap out Boardwalk railing construction Supplies Uniforms Cell Phone Gate repair 72nd St Rd & Trail Refund of cancelled permit Concession supplies Telephones Towels Mats & Uniforms Progress Billing Audit 2022 Beverages for concessions Zamboni boiler Subscription renewal Publications Supplies Supplies Training - Gunderson Equipment repair supplies Freshservice Janitor Service Locates Reimburse for mileage Duct pipe and fan Peak Agenda Management & Web Streaming Chamber Gala Uniforms Body Armor & Supplies Hockey playoff brackets Actuarial disclosures GASB 75 Equipment repair supplies Vehicle washes Range rental Mat cleaning service Skater Membership Water Testing Wiper blades Equipment repair 5th St maint door Repair supplies Workers Comp Claim Data Breach Recovery Cylinders Solar Energy Dell maint renewal Fuel Parking ramp lighting panel 3,131.00 386.90 1,733.45 969.00 24,000.00 575.88 791.62 78.59 291.75 2,540.00 201.00 1,846.71 396.25 268.30 8,190.00 2,246.37 12,698.00 2,465.12 120.00 48.73 573.12 95.00 238.27 4,104.00 4,000.00 74.25 77.29 995.74 9,623.29 95.00 4,444.31 483.00 3,200.00 1,173.00 150.00 600.00 729.32 3,060.00 251.34 58.22 106.88 280.00 75.37 4,844.74 77.70 66.50 1,748.86 7,568.33 12,654.66 2,741.00 Page 2 Menards Meredith Nathan Metropolitan Council Miller Excavating Norman Rachael ODP Business Solutions Pepsi Beverages Company Postmaster Postmaster Stillwater Post Office PreCise LLC Force America Inc Primary Products Co. Quadient Leasing R&R Specialties Inc. Safe Fast Inc Salsbury Ind Sentry Systems Inc. Stillwater Glass Inc. Streichers Telemetry and Process Controls Thomson Reuters Toll Gas and Welding Supply Tri-State Bobcat Twin Cities Dots & Pop Uline Inc Ursel Ben Visual Labs Washington County Sheriffs Office Water Conservation Services Inc Xcel Energy Ziegler Inc. LIBRARY 16 Wins Ace Hardware Allstar Construction Amazon Business Brodart Co Culligan of Stillwater Ebsco Publishing Huebsch Service Loffler Companies Otis Elevator Company Adopted by the Stillwater City Council this 7th day of March, 2023 Mayor Ted Kozlowski Supplies Reimburse for fuel for new squad Monthly SAC Misc Projects Refund of Dog License Office supplies Beverages for concessions Marketing Mail PI #206 Newsletter Postage 5mb Flat Data Plan Nitrile gloves Postage machine lease Equipment repair supplies Gloves Cluster box unit and pedestal Alarm monitoring Glass for front end loader Ammo WIN-911 Information Charges Cylinders Equipment repair supplies Treats for concessions Pallets racks Utility Billing Refund Software subscription MFF Team Insurance Water Leak Detection Energy Equipment repair supplies Website Maintenance Janitorial Supplies Library Roof Upgrade Supplies Materials Water Li b ra ryAwa re Towels & Rugs Firewall Elevator Maint Agreement 753.00 5.00 2,460.15 37,758.09 30.00 172.83 1,437.97 290.00 1,975.47 340.00 1,665.00 455.01 212.40 708.72 3,500.00 140.85 450.00 288.82 1,957.13 162.86 43.46 229.06 1,152.00 3,290.75 334.38 5,145.00 1,030.43 1,486.82 98,097.48 991.00 380.00 93.50 60,934.41 603.37 1,465.48 57.20 1,124.61 229.74 1,185.19 638.34 TOTAL 360,443.38 APPENDIX Computer Software and Services Contract City of Stillwater Prepared by Civic Systems, LLC (071 • • civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP Civic Systems, LLC 4807 Innovate Ln P.O. Box 7398 Madison, WI 53707-7398 Phone: 888.241.1517 Fax: 608.249.1050 mlaesch@civicsystems.com www.civicsystems.com March 7, 2023 Contract Agreement This "Contract Agreement" is made this day of 2023 ("Effective Date") by and between the City of Stillwater, 216 Fourth Street North, Stillwater, MN 55082 and Civic Systems, LLC, 4807 Innovate Ln, Madison, Wisconsin 53707-7398. 1. Definitions For purposes of this Contract Agreement, the subsequent capitalized terms will have the following meanings: A. "Client" - Will denote the City of Stillwater, MN. B. "Civic" - Will denote Civic Systems, LLC. C. "Services" — Will denote services related to software training, onsite implementation assistance, and conversion services, as more specifically set forth in the "Conversion Services" attached hereto as Attachment "B". D. "Software" —Will denote end user computer programs and modules purchased by the Client from Civic, as more specifically set forth in the "Cost Detail" attached hereto as Attachment "A". E. "Product" — Will denote any goods or services produced by a third -party entity other than Civic. F. "Accident" — Will denote an unexpected happening at the Client's premises causing loss or injury which is not due to any fault or misconduct on the part of the person injured. 2. Contract Agreement The following Attachments are a part of this Contract Agreement: A. Cost Detail B. Conversion Services C. Hardware Requirements D. Caselle Software License Agreement E. Civic Support Agreement 3. Scope of Agreement Client agrees to license the Software and receive the Services and Civic agrees to provide same subject to the terms and conditions stated in this Contract Agreement, the Caselle Software License Agreement attached hereto as Attachment D, and the Civic Support Agreement attached hereto as Attachment E. 4. General Conditions A. This is not a Contract Agreement of partnership or employment of Civic or any of Civic's employees by Client. Civic is an independent contractor for all purposes under this Contract Agreement. B. Civic shall perform its services in a professional and workmanlike manner and shall only use qualified and experienced personnel. C. Civic agrees at all times to maintain an adequate staff of experienced and qualified employees for efficient performance under this Contract Agreement. Civic agrees that, at all times, the employees of Civic furnishing or performing any services shall do so in a proper, workmanlike, and dignified manner. D. Civic agrees that all persons working for or on behalf of Civic whose duties bring them upon Client's premise shall obey the rules and regulations that are established by Client and shall comply with the reasonable directions of Client personnel. E. Civic shall be responsible for the acts of its employees and agents while on Client's premises. Accordingly, Civic agrees to take all necessary measures to prevent injury and loss to persons or property located on Client premises. Civic shall be responsible for all damages to persons or property caused by Civic or any of its agents or employees. Civic shall promptly repair any damage that it, or its employees or agents may cause to Client's premises or equipment; on Civic's failure to do so, Client may repair such damage and Civic shall reimburse Client promptly for the cost of repair. Contract Agreement F. Civic agrees that, in the event of an Accident of any kind, Civic will immediately notify Client's contact person and thereafter, if requested, furnish a full written report of such accident. G. Civic shall perform the services contemplated in this Contract Agreement without interfering in any way with the activities of Client's staff or visitors. H. Civic and its employees or agents shall have the right to use only those facilities of Client that are necessary to perform services under this Contract Agreement and shall have no right to access any other facilities of Client. 5. Entire Agreement Clause This Contract Agreement, including other referenced documents, constitutes the entire Contract Agreement between Client and Civic and supersedes all proposals, presentations, representations, and communications, whether oral or in writing, between the parties on this subject. 6. Non -Assignment; Non -Delegation; Binding Effect Both Civic and Client shall be clearly identified by name. Neither of the identified parties to this Contract Agreement shall assign or encumber any of its rights, or delegate or any of its duties defined in this Contract Agreement, in whole or in part, to other third parties unless the other party to this Contract Agreement gives prior written consent. Subject to the foregoing covenant against assignment and delegation, the rights created by this Contract Agreement shall pass to the benefit of the identified party and the duties and obligations resulting from this Contract Agreement shall bind the identified party and their respective successors and assignees. 7. Assignments Civic shall not assign, transfer or pledge this Contract Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of Client. A consent to assign shall be subject to such conditions and provisions as Client may deem necessary, accomplished by execution of a form signed by Client, Civic, and the assignee. 8. Subcontractors Civic shall not subcontract this Contract Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of Client. Permission to subcontract, however, shall under no circumstances relieve, Civic of its liabilities and obligations under this Contract Agreement. Further, Civic shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly employed by subcontractors. Contracts between Civic and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. Civic shall make contracts between Civic and subcontractors available upon request. 9. Agreement Extensions and Modification Clause This Contract Agreement may be modified or extended in accordance with the following procedures. In the event that all parties to this Contract Agreement agree that such changes would be of a minor and non -material nature, such changes may be effected by a written statement that describes the situation and is signed, prior to the effectiveness, by all parties. In the event that the changes are determined by either or all parties to this Contract Agreement to be of a major or complex nature, then the change shall be by formal amendment of this Contract Agreement signed by the parties and made a permanent part of this Contract Agreement. Under no circumstances, however, shall any parties to this Contract Agreement forfeit or cancel any right presented in this Contract Agreement by delaying or failing to exercise the right or by not immediately and promptly notifying the other party in the event of a default. In the event that a party to this Contract Agreement waives a right, this does not indicate a waiver of the ability of the party to, at a subsequent time, enforce the right. Contract Agreement 10. Termination A. This Contract Agreement may be terminated for cause in the event Civic does not cure a material breach of this Contract Agreement within thirty (30) days' of receiving written notice of such breach from Client. B. This Contract Agreement may be terminated by either party effective immediately and without notice, upon: (i) the dissolution, termination of existence, liquidation or insolvency of the other party, (ii) the appointment of a custodian or receiver for the other party, (iii) the institution by or against the other party of any proceeding under the United States Bankruptcy Code or any other foreign, federal or state bankruptcy, receivership, insolvency or other similar law affecting the rights of creditors generally, or (iv) the making by the other party of any assignment for the benefit of creditors. C. Client shall pay Civic for all Services rendered, Software delivered or incurred, and expenses incurred prior to the date of termination, and shall reimburse Civic for all reasonable costs associated with any termination. D. Except for disputes related to confidentiality or intellectual property rights, all disputes and controversies between the parties hereto of every kind and nature arising out of or in connection with this Contract Agreement as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuation, or termination of this Contract Agreement shall be resolved as set forth in this Section using the following procedure: In the unlikely event that differences concerning the Services or fees should arise that are not resolved by mutual agreement, both parties agree to attempt in good faith to settle the dispute by engaging in mediation administered by the American Arbitration Association under its mediation rules for professional accounting and related services disputes before resorting to litigation or any other dispute -resolution procedure. Each party shall bear their own expenses from mediation and the fees and expenses of the mediator shall be shared equally by the parties. Further, in the unlikely event that differences concerning the Services or fees should arise that are not resolved by mutual agreement or mediation, both parties agree to waive a jury trial to facilitate judicial resolution and save time and expense of both parties. E. Because a breach of any of the provisions of this Contract Agreement concerning confidentiality or intellectual property rights will irreparably harm the non -breaching party, Client and Civic agree that if a party breaches any of its obligations thereunder, the non -breaching party shall, without limiting its other rights or remedies, be entitled to seek equitable relief (including, but not limited to, injunctive relief) to enforce its rights thereunder, including without limitation protection of its proprietary rights. The parties agree that the parties need not invoke the procedures set forth in Section 10(d) in order to seek injunctive or declaratory relief. F. Any rights and duties of the parties that by their nature extend beyond the expiration or termination of this Contract Agreement, including but not limited to, limitation of liability, confidentiality, ownership of work product, and survival of obligations, any accrued rights to payment and remedies for breach of this Contract Agreement shall survive the expiration or termination of this Contract Agreement or any Statement of Work. 11. Applicable and Governing Law Clause The validity, construction and enforcement of this Contract Agreement shall be determined in accordance with the laws of the State of Minnesota, without reference to its conflicts of laws principles, and any action (whether by arbitration or in court) arising under this Contract Agreement shall be brought exclusively in the State of Minnesota. Both parties consent to the personal jurisdiction of the state and federal courts located in Minnesota. Contract Agreement 12. Title and Confidentiality A. Both parties recognize that their respective employees and agents, in the course of performance of this Contract Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein shall survive the termination or cancellation of this Contract Agreement. This obligation of confidentiality shall not apply to (a) information that at the time of the disclosure is in the public domain; (b) information that, after disclosure, becomes part of the public domain by publication or otherwise, except by breach of this Contract Agreement by a party; (c) information that a party can establish by reasonable proof was in that party's possession at the time of disclosure; (d) information that a party receives from a third party who has a right to disclose it to that party; or (e) information that is subject to FOIA requests and data practices requests. B. Client shall take all reasonable steps necessary to protect the confidential nature of the Software, as Client would take to protect its own confidential information. Client further agrees that it shall not make any disclosure of any or all such Software (including methods or concepts utilized therein) to anyone, except to employees working for Client to whom such disclosure is necessary to the use for which rights are granted hereunder. Client shall appropriately notify all employees to whom any such disclosure is made that such disclosure is made in confidence and shall be kept in confidence by them. The obligations imposed by this section upon Client, its employees, agents, and subcontractors, shall survive and continue after any termination of rights under this Contract Agreement. It shall not be a breach of this Contract Agreement if Client is required to disclose or make the Software available to a third party or to a court if the Software is required to be disclosed pursuant to a state's "open records" law, or is subpoenaed or otherwise ordered by an administrative agency or court of competent jurisdiction to be produced. 13. Notices All notices or communications required or permitted as a part of this Contract Agreement shall be in writing (unless another verifiable medium is expressly authorized) and shall be deemed received (i) on the date personally delivered; or (ii) the date of confirmed receipt if sent by Federal Express, DHL, UPS or any other reputable carrier service, to applicable party (sending it to the attention of the title of the person signing this Contract Agreement) at the address specified below. Civic Systems, LLC 4807 Innovate Ln P.O. Box 7398 Madison, WI 53707-7398 City of Stillwater 216 Fourth Street North Stillwater, MN 55082 14. Survival Clause All duties and responsibilities of any party that, either expressly or by their nature, extend into the future, shall extend beyond and survive the end of the contract term or cancellation of this Contract Agreement. Contract Agreement 15. Force Majeure Clause In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Contract Agreement due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental authority, epidemic, destruction of production facilities, insurrection, inability to obtain labor, materials, equipment, transportation or energy sufficient to meet needs, or any other cause beyond the reasonable control of the party invoking this provision ("Force Majeure Event"), and if such party shall have used reasonable efforts to avoid such occurrence and minimize its duration and has given prompt written notice to the other party, then the affected party's failure to perform shall be excused and the period of performance shall be deemed extended to reflect such delay as agreed upon by the parties. 16. Nondiscrimination by Civic or Agents of Civic Neither Civic nor anyone with whom Civic shall contract shall discriminate against any person employed or applying for employment concerning the performance of Civic responsibilities under this Contract Agreement. This discrimination prohibition shall apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. A breach of this covenant may be regarded as a default by Civic of this Contract Agreement. 17. Replication of Software Client shall not copy Software for any purposes other than for backup or disaster recovery. 18. Non -Collusion Civic hereby represents and agrees that it has in no way entered into any contingent fee arrangement with any firm, employee of Client, or other person or entity concerning the obtaining of this Contract Agreement. In addition, Civic agrees that a duly authorized Civic representative will sign a non -collusion affidavit, in a form acceptable to Client, that Civic has received from Client no incentive or special payments, or considerations not related to the provision of the system described in this Contract Agreement. 19. Warranty A. Each party represents and warrants to the other that it has full power and authority to enter into and perform this Contract Agreement and the person signing this Contract Agreement on behalf of each party hereto has been properly authorized and empowered to enter into this Contract Agreement. B. Client warrants that it has the legal right and authority, and will continue to have the legal right and authority during the term of this Contract Agreement, to operate, configure, provide, place, install, upgrade, add, maintain and repair (and authorize Civic to do any of the foregoing to the extent the same are included in the Services) the hardware, software and data that comprises any of Client's information technology system upon which or related to which Civic provides Services under this Contract Agreement. C. Civic represents and warrants that materials produced or used under this contract, including but not limited to software, hardware, documentation, and/or any other item, do not and will not infringe upon any intellectual property rights of another, including without limitation patents, copyrights, trade secrets, trade names, and service marks and names. Contract Agreement D. Civic warrants that any Services that it provides to Client under this Contract Agreement will be performed in accordance with generally accepted industry standards of care and competence Client's sole and exclusive remedy for a breach of Civic's warranty will be for Civic, in its sole discretion, to either: (i) use its reasonable commercial efforts to re -perform or correct the Services, or (ii) refund the fee Client paid for the Services that are in breach of Civic's warranty. Client must make a claim for breach of warranty in writing within thirty (30) days of the date that the Services that do not comply with Civic's warranty are performed. This warranty is voided in the event that Client makes alterations to the Services provided by Civic or to the environment in which Services are used (including the physical, network and systems environments). If Client does not notify Civic of a breach of Civic's warranty during that 30-day period, Client will be deemed to have irrevocably accepted the Services. E. Civic does not warrant any third -party product (each, a "Product"). All Products are provided to Client by Civic "AS IS." Civic will, to the extent it is allowed to by its vendors, pass through any warranties and indemnifications provided by the manufacturer of the Product. Client expressly waives any claim that Client may have against Civic based upon any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property right with respect to any Product and also waives any right to indemnification from Civic against any such Claim made against Client by another. Client acknowledges that no employee of Civic or any other party is authorized to make any representation or warranty on behalf of Civic that is not in this Contract Agreement. 20. Limitation on Damages and Indemnification A. Except as specifically stated in the Warranty section of this Contract Agreement, the Software is Licensed "AS IS", but not limited to implied warranties of merchantability. The maximum liability of Civic for all damages from any claims shall not exceed the license, services, and support fees paid to date by Client to Civic, unless as otherwise stated herein. This limitation of liability is intended to apply to the full extent allowed by law, regardless of the grounds or nature of any claim asserted, including the negligence of either party. In no event shall either party be liable for any lost profits, lost business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages delays, interruptions, or viruses arising out of or related to this Contract Agreement. B. As Civic is performing Services solely for the benefit of Client, Client will indemnify Civic, its subsidiaries and their present or former owners, employees, officers and agents against all costs, fees, expenses, damages and liabilities (including attorneys' fees and all defense costs) associated with any third -party claim, relating to or arising as a result of the Services of this Contract Agreement. C. Because of the importance of the information that Client provides to Civic with respect to Civic's ability to perform the Services, Client hereby releases Civic and its present and former owners, employees, officers and agents from any liability, damages, fees, expenses and costs, including attorney fees, relating to the Services, that arise from or related to any information, including representations by management, provided by Client, its personnel or agents, that is not complete, accurate or current. D. Civic will indemnify Client against any damage or expense relating to bodily injury or death of any person or tangible damage to real and/or personal property incurred while Civic is performing Services to the extent such damage is caused solely by the negligent acts or willful misconduct of Civic's personnel or agents in performing the Services. E. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Contract Agreement are material bargained for basis of this Contract Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Contract Agreement and in the decision by each party to enter into this Contract Agreement. F. The terms of this Section shall apply regardless of the nature of any claim asserted (including, but not limited to, contract, tort, or any form of negligence, whether of Client, Civic, or others), but these terms shall not apply to the extent finally determined to be contrary to the applicable law or regulation. These terms shall also continue to apply after any termination of this Contract Agreement. Contract Agreement G. Client accepts and acknowledges that any legal proceedings arising from or in conjunction with the services provided under this Contract Agreement must be commenced within twelve (12) months after the performance of the Services for which the action is brought, without consideration as the time of discovery of any claim. H. In the event that the parties are unable to resolve differences that may arise relating to this Contract Agreement, all disputes arising from this Contract Agreement shall be resolved through the courts of the State of Minnesota, unless both parties agree to binding arbitration. If arbitration is agreed to, the arbitration shall be governed by the most recently published Commercial Arbitration Rules of the American Arbitration Association. Both parties agree to submit disputes to a single arbitrator acceptable to both parties. The arbitrator will be selected from a list compiled by the parties' respective legal counsels. Every person named on the list of potential arbitrators must be a neutral and impartial lawyer who has at least ten (10) years specializing in the field of general commercial litigation and is knowledgeable about software. The arbitrator shall base its award on applicable law and judicial precedent and unless both parties agree, otherwise shall include in such award the finding of fact and conclusions of law upon which the award is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 21. Standards of Performance Civic shall perform its Services in conformity with the terms expressly set forth in this Contract Agreement, including all applicable professional standards. Accordingly, Civic's Services shall be evaluated on its substantial conformance with such terms and standards. Any claim of nonconformance (and applicability of such standards) must be clearly and convincingly shown. 22. Personnel During the term of this Contract Agreement, and for a period of six (6) months following the expiration or termination thereof, neither party will actively solicit the employment of the personnel of the other party involved directly with providing Services hereunder. Both parties acknowledge that the fee for hiring personnel from the other party, during the project term and within six months following completion, will be a fee equal to the hired person's annual salary at the time of the violation so as to reimburse the party for the costs of hiring and training a replacement. 23. Email Communication Client acknowledges that: (i) Civic and Client may correspond or convey documentation via Internet e-mail unless Client expressly requests otherwise, (ii) neither party has control over the performance, reliability, availability, or security of Internet e-mail, and (iii) Civic shall not be liable for any loss, damage, expense, harm or inconvenience resulting from the loss, delay, interception, corruption, or alteration of any Internet e-mail. 24. Business License In the event a local business license is required for Civic to perform services hereunder, Client will notify Civic prior to the Effective Date and will provide Civic with the necessary paperwork and/or contact information. 25. Taxes The fees set forth in Section 27 — Investment Summary do not include any taxes, including, without limitation, sales, use or excise tax. All applicable taxes shall be paid by Client. In the event Client fails to pay any Taxes when due, Client shall defend, indemnify, and hold harmless Civic from and against any and all fines, penalties, damages, and claims. Contract Agreement 26. Payment Terms The total fees for Software and Services are estimated to be $198,600 as set forth in following section. The Client agrees to the following Payment Terms. A. Civic shall invoice Client $66,200 upon the Effective Date. B. Civic shall invoice Client $66,200 in January 2024. C. Civic shall invoice Client $66,200 in January 2025. D. Civic shall invoice Client fees for all other Services, plus all expenses, if and as provided/incurred. 27. Investment Summary The following Investment Summary reflects an estimated range of costs related to the Software and Services. Detailed costs are provided in Attachment A — Cost Detail License Fees Less: Discount Training Conversion/Setup TOTAL INVESTMENT ANNUAL SUPPORT (Software For Life**) Investment $ 149,200 (37,300) 29,700 57,000 $ 198,600 $ 29,215 TRAVEL COSTS (IF NEEDED) Travel costs are a not -to -exceed and based on eight (8) round trips and 25 overnights. Much of the training can be done remotely through Zoom to alleviate travel costs if desired. Mileage (eight 306 mile round trips @ $0.625/mile) $ 1,530 Hotel (25 nights at $170/night) 4,250 Meals (25 days at $35/day) 875 TOTAL INVESTMENT $ 6,655 Contract Agreement 28. Additional Service Fees Training and/or consulting services utilized in excess of those set forth in the Investment Summary and additional related services not set forth in the Investment Summary will be billed at Civic's then -current rates. 29. Optional Items Pricing for optional Products and services shall be valid for ninety (90) days from the Effective Date. 30. Contract Agreement Execution The parties hereto have executed this Contract Agreement and any applicable attachments as specified in Section 2 of this Contract Agreement as of the dates set forth below. CITY OF STILLWATER Signature: Title: Date: CIVIC SYSTEMS, LLC Signature: Title: Date: Attachment A - Cost Detail SELECTED MODULES (Included in the agreement) Selected Product Descriptions License Fee Purchase Price One -Time conversion / setup Training and Onsite Assistance Cost/Days Year one Total w/o Support Annual Fees* Site License $ 25,000 $ 0 $ 0 $ 25,000 $ 5,000 Accounts Payable with miExcel AP and ACH 7,000 1,800 1,200 10,000 1,750 Check On Demand Included Included Included Included Included Purchase Orders 2,700 600 600 3,900 675 Accounts Receivable 5,500 1,200 1,200 7,900 1,375 Animal Licenses 3,300 1,200 600 5,100 825 Building Permits 8,000 4,800 1,800 14,600 2,000 Code Enforcements 3,000 1,200 600 4,800 750 Approvals and Notifications Included Included Included Included Included Field Inspections (Mobile App) 3,000 900 600 4,500 750 Citizen Portal (5 Permit Forms) 1,500 4,500 900 6,900 900 Planning and Zoning 4,500 1,500 600 6,600 1,125 Business Licenses 3,300 1,200 600 5,100 825 Cash Receipting with Payment Import 5,500 600 1,200 7,300 1,375 Fixed Assets 3,300 600 600 4,500 825 General Ledger with miExcel GL 7,000 2,400 2,400 11,800 1,750 Activity Reporting Included Included Included Included Included Bank Rec Included Included Included Included Included Budgeting Included Included Included Included Included Human Resources 4,500 600 600 5,700 1,125 miViewPoint (Department Head Dashboard) 5,500 600 1,200 7,300 1,375 miAP/PO Workflow with LF Integration 6,000 1,500 1,500 9,000 1,500 miBudget 3,000 300 300 3,600 750 miOpen Enrollment 4,500 3,600 900 9,000 1,125 miUtility Included Included Included Included Included Payroll with Direct Deposit 12,200 3,600 3,600 19,400 3,050 ACA Reporting 2,000 300 300 2,600 500 Electronic Submittals Included Included Included Included Included miPay with miTime (Electronic Timesheets) 5,500 2,400 1,200 9,100 1,375 miExcel PR and Timekeeping Included Included Included Included Included Project Accounting 5,500 1,200 1,200 7,900 1,375 Utility Billing with Direct Pay and ERI 12,900 15,000 4,800 32,700 3,225 miExcel UB Included Included Included Included Included Service Orders with Mobile Service Orders 3,000 600 1,200 4,800 750 Splitter Included Included Included Included Included Citizen Portal 2,000 Included Included 2,000 600 Implementation Project Management -- 4,800 -- 4,800 -- Less Discount (37,300) -- -- (37,300) (7,460) TOTALS COSTS 111,900 57,000 29,700 198,600 29,215 *First Year Annual Support Fees are prorated based on your Go -Live date. Attachment A — Cost Detail OPTIONAL MODULES (Not Included in the agreement ■ Optional Product Descriptions (Not Selected) License Fee Purchase Price One -Time conversion / setup Training Cost @ $1,200/Day Year one Total w/o Support Annual Fees Applicant Pro (Online Application Review) * 1,000 -- -- 1,000 2,895 Animal Licenses 3,300 1,200 600 5,100 825 Backflow Management 4,500 1,200 1,200 6,900 1,125 Business Tax 6,500 2,400 900 9,800 1,625 Special Assessments 3,300 1,200 600 5,100 825 Materials Management (Inventory) 4,500 1,200 1,200 6,900 1,125 Hosted (20 Named Users) -- 2,500 -- 2,500 15,600 Each additional Named Users above 20 -- -- -- - 720 *Above amounts include the discount provided. Attachment B - Conversion Services The following outlines the conversion services to be provided for the core modules included as a part of this Agreement. Depending on the data integrity in the legacy system, below is our typical data conversion when converting from a legacy system. Accounts Payable > Vendor Information > 3 years of invoice and check history > Report preparation > AP check formatting Cash Receipting > Setup receipt categories and corresponding GL accounts > Report preparation miViewPoint > Installation > User/group setup General Ledger > Chart of Accounts > Financial statements > Report preparation > 3 years detail information > 3 years of budget information Payroll > Employee information > Pay code setup > Current Year to Date Totals > Recalculate payroll to ensure data accuracy > Report preparation > Leave time balances > Paycheck formatting Utility Billing > Customer information > Customer's current balances by service > Meter information > Location information > 13 months of consumption history > Report preparation > Utility billing formatting > Recalculate bill run to ensure data accuracy > Setup rates and services Attachment C - Hardware Requirements HARDWARE REQUIREMENTS Network System Requirements — Caselle® Connect — Network Important! Using servers or workstations that do NOT meet the specified network system requirements may result in unsatisfactory performance and response times. This document lists the minimum hardware and software requirements for installing Connect. Network Server Operating System Network Server Equipment Database Server Equipment and Operating System Database Software Network Server and Database Server Power Protection Workstation Computer Workstation Operating System Workstation Power Protection Backup System Data File Transfer Printer Receipt Printer Internet Access Email Network Installer Web Services miViewPoint Only needed if miViewPoint is being installed. Microsoft ® Windows 2012, 2012 R2, 2016 Server (64-bit) or 2019 (64-bit) Intel® Xeon® Quad -Core Processor 3.0 Ghz or higher (Minimum 16 GB of available RAM 130 GB available disk space for Caselle Connect applications (180 MB) and data I Separate physical hard drive for SQL log file 8-15 K SAS HDD preferred I Color SVGA .28 Monitor I 1 GB Ethernet Network Card I 1 GB Ethernet Switch I DVDRW Drive All hardware must be Microsoft® certified (request printed certification documents). Intel® CoreTM i3, Intel® Celeron®, and AMD SempronTM, and Intel® Pentium processors are NOT recommended. • Use the Recommended Network Server. For better performance, increase memory on network server or, use a separate Database Server (same specifications as the Network Server). • Networks with more than ten workstations may require faster processors and/or more memory than the recommended. Microsoft® SQL Server 2012 (64-bit), 2014 (64- bit) or 2016 (64-bit), or 2019 (64-bit) True On -Line UPS, 600 Voltamps minimum with UPS Monitoring card, cable, and software. Intel Core 2 Duo, i5, or i7 (3 GHz or higher) 18 GB of available RAM 130 GB available disk space for Caselle Connect applications (180 MB) and data I LCD Monitor All hardware must be Microsoft® certified (request printed certification documents). Intel® Corer!" i3, Intel® Celeron®, and AMD SempronTM, and Intel® Pentium processors are NOT recommended. Windows 10TM Professional (64-bit). UPS/Battery backup unit Network quality system to back up fileserver hard drive on one tape and provide tape read after write verification. Make sure the backup system supports backing up MSSQL Databases. Example: Backup Exec with SQL Agent. DVDRW Drive HP Laser Printer or Canon Copiers with PCL or Postscript Drivers Ithaca 9000 and 1500 Series Printers I Star TSP100 I Epson TM — U325, TM-U675, and Epson TM — H6000IV DSL, ISDN, or T1 Explanation: Caselle® Applications require Internet access to download program updates. Using an Internet connection that is slower than 256 Kbps will take significantly longer to download data. Email that is compatible with Microsoft® Windows. Microsoft® Certified IIS 7 (Windows Server 2008, 2012) IIS 7 or later 130 GB of available disk space for miViewPoint on the IIS and SQL Servers Modern Web Browser on any PC using miViewPoint (IE11 or greater, up to date Chrome, or up to date Firefox) If miViewPoint is made internet available a modern mobile browser is required. Attachment D - Caselle Software License Agreement Caselle 1656 S East Bay Blvd, Ste 100 Provo, UT 84606 CASELLE, INC. SOFTWARE LICENSE AGREEMENT Caselle Agrees to provide the software to you, subject to the following terms and conditions. 1. GRANT OF LICENSE Caselle, Inc. and its Licensors agrees to grant, and You agree to accept a limited, non -transferable, non-exclusive license ("License") to use the computer programs, with the accompanying manuals, literature and other materials ("Software") as detailed under Items, subject to the terms and conditions of this Software License Agreement and subject to termination as provided herein. The term Software shall also include all revisions, updates, enhancements and new modules or add-ons to the existing Software as detailed under Items. 2. TITLE AND CONFIDENTIALITY Title and full ownership rights to the Software licensed under this agreement, including, without limitation, all intellectual property rights therein and thereto, and any copies You make, remain with Caselle. It is agreed the Software is the proprietary, confidential, trade secret property of Caselle, whether or not any portions thereof are or may be copyrighted and You shall take all reasonable steps necessary to protect the confidential nature of the Software as You would take to protect Your own confidential and trade secret information. You further agree that You shall not make any disclosure of any or all such Software (including methods or concepts utilized therein) to anyone, except to employees, agents, or contractors working for You to whom such disclosure is necessary to the use for which rights are granted hereunder. You shall appropriately notify all employees, agents, and contractors to whom any such disclosure is made that such disclosure is made in confidence and shall be kept in confidence by them. Upon Caselle's request, such employees, agents, and contractors shall enter into an appropriate confidentiality agreement for secrecy and nonuse of such information which by its terms shall be enforceable by injunctive relief at the request of Caselle. If Caselle makes such a request, it shall provide You with the appropriate confidentiality agreements. The obligations imposed by this section upon You, Your employees, agents, and contractors, shall survive and continue after any termination of rights under this Agreement. It shall not be a breach of this agreement if you are required to disclose or make the Software available to a third party or to a court if the Software is required to be disclosed pursuant to a state's "open records" law, or is subpoenaed or otherwise ordered by an administrative agency or court of competent jurisdiction to be produced. 3. LICENSE You may: A. Use the Software on a single CPU or network ("System") for the appropriate number of users. The Software may be moved to and used on another System, but shall under no circumstances be used on more than one System at a time. B. Make System readable copies of the software media provided with the Software as required for backup protection. Such copies may only be used in support of Your use of the Software on the System and may not be used for any other purpose. Each of these copies must have a label placed on the media indicating the Software is a proprietary product of Caselle. You may not: A. Rent, lease, sublicense, assign, sell, loan or otherwise transfer this Software, in whole or in part, except as expressly permitted by this Agreement. B. Inspect, disassemble, decompile, reverse engineer or in any way attempt to determine the internal methods of the Software. C. Modify the Software or merge it into any other product without the express written consent of Caselle. D. Reproduce, prepare derivative works based upon, transmit or distribute the Software, or any part of it, in any form or by any means except as expressly permitted in this Agreement. E. Permanently transfer or assign the Software and the rights under this License to another party without the express written consent of Caselle. F. Use the Software to provide accounting services to multiple government agencies other than Your own. Any attempt to do any of the above (A to F) shall void and terminate this Agreement. 4. TERM This Software License Agreement is and shall be effective from the date of full execution and shall remain in force until terminated. You may terminate this Agreement at any time by notifying Caselle in writing and returning all copies and modifications of the Software within 30 days of such notification. Your License terminates automatically if you materially fail to comply with any terms or conditions of this Agreement and You must return all copies and modifications of the Software to Caselle or its agent within 30 days of receipt of written notification of such termination. For each day You retain the Software without a valid License You agree to pay Caselle $100. Attachment D - Caselle Software License Agreement 5. WARRANTY Caselle warrants that it has sufficient right and title to the Software to grant You this License. For one (1) year from the date of receipt of the Software ("Warranty Period"), Caselle also warrants the Software media to be free from defects in materials and workmanship under normal use, and Software operation will substantially conform to the specification published by Caselle. If an error or a defect in the Software or its media becomes apparent within the Warranty Period, You must promptly notify Caselle, in writing, describing the defect. Upon confirming the error or defect Caselle will, at its exclusive option, repair or replace the item or refund the price paid for the defective item. Caselle does not warrant that the functions contained in the Software will meet Your requirements or that the operation of the Software will be uninterrupted or error free. The entire risk as to the results and performance of the Software is assumed by You. The warranty does not cover Software modified by anyone other than Caselle and problems with, or caused by, computer hardware or non-Caselle software. 6. DISCLAIMERS AND LIMITATIONS OF REMEDIES Except as specifically stated in this Agreement, the Software is Licensed "as is" without warranty of any kind, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall Caselle be liable for any indirect, special or consequential damages, including, but not limited to, loss of anticipated profits, revenue or savings, business interruption or loss of business information arising from the use of or inability to use the Software or breach of any expressed or implied warranty, even if Caselle or its agent has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of an essential purpose of any limited remedy. Caselle's aggregate liability under this agreement for damage will not, in any event, whether based upon contract, negligence, strict liability in tort, warranty or any other basis, exceed the License fees paid by You for the Software. 7. ADDITIONAL SERVICES Support, Training and Data Conversion for the Software will be provided directly by Caselle, or its authorized agent, and are subject to separate agreements. 8. GENERAL A. The Warranty and Limitation of Remedies gives You specific legal rights. You may also have other rights, which vary from state to state, in which case the greater right will apply. B. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota and You hereby consent to the jurisdiction of State and Federal courts in Minnesota. If any part of this Agreement violates applicable law, that part shall be deemed to be amended to the extent necessary to comply with the law. C. This Agreement constitutes the entire Agreement between Caselle and You and supersedes any prior Agreement or understanding, written or oral. Except as provided herein, this Agreement may not be amended or supplemented except in writing and properly executed by both parties. D. If any provision of this Agreement shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement or the validity or the enforceability of this Agreement. E. All rights and remedies provided herein are cumulative and are in addition to all other rights and remedies available at law or equity. F. In the event that either party successfully takes legal action to enforce any provision of this Agreement the unsuccessful party shall pay full costs and expenses of such action, including reasonable attorney's fees. G. Any notice required by this Agreement shall be deemed to have been properly given if sent by registered or certified mail. H. The waiver of any breach or default of this Agreement shall constitute a waiver only as to such particular breach or default and shall not constitute a waiver of any other breach or default. Failure to act by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall not operate as a waiver of any such right, power or remedy, and will not affect the validity of the whole or any part of this Agreement, or prejudice such party's right to take subsequent action. I. Neither party shall be held liable for delays in any of its performance resulting from acts of God, war, civil disturbance, court order, labor dispute or any other cause beyond its control. J. The relationship of the Parties shall be solely that of independent contractors. No partnership, joint venture, employment, agency or other relationship is formed, intended or to be inferred under this Agreement. Neither party to this Agreement shall attempt to bind the other, incur liabilities on behalf of the other, act as agent of the other, or authorize any representation contrary to the foregoing. K. This Agreement is binding upon and shall inure to the benefit of the parties, their successors and assigns. However, this Agreement is not assignable by you. This Agreement is personal to you and neither the Agreement, nor the rights or duties hereunder, may be voluntarily or involuntarily, directly or indirectly, assigned or otherwise transferred without the prior written consent of Caselle. Any unauthorized assignment or transfer shall constitute a breach hereof and shall be voidable by Caselle. Attachment E - Civic Support Agreement CIVIC SUPPORT AGREEMENT This Support Agreement is made by and between the City of Stillwater, 216 Fourth Street North, Stillwater, MN 55082 and Civic Systems, LLC, 4807 Innovate Ln, Madison, Wisconsin 53707-7398. TERMS AND CONDITIONS 1. DEFINITIONS For purposes of this Civic Support Agreement, the subsequent capitalized terms will have the following meanings: A. "Client" — Will denote the City of Stillwater, MN. B. "Civic" — Will denote Civic Systems, LLC. C. "Services" — Will denote services related to software training, onsite implementation assistance, and conversion services, as more specifically set forth in the "Conversion Services" attached hereto as Attachment D. "Software" — Will denote end user computer programs and modules purchased by the Client from Civic, as more specifically set forth in the "Cost Detail" attached hereto as Attachment "A". E. "Product" — Will denote any goods or services produced by a third -party entity other than Civic. 2. TERM The initial term of this Support Agreement is for a period of 1 year(s) from the date of use. The date of use is defined as the date the first module is implemented and considered "live". Upon expiration of the initial term of the Support Agreement, it shall be deemed renewed with the same terms and conditions for further successive periods of one (1) year(s) unless either party has given the other party written notice not less than thirty (30) days prior to the expiration of the initial term or subsequent renewal term(s). 3. CHARGES Civic will invoice Client on the effective date and semi-annually thereafter. Invoices are sent in December for Support services rendered in the subsequent six (6) months for January through June. Invoices are sent in June for Support services rendered in the subsequent six (6) months for July through December. All invoices are due within 30 days of the invoice date. Invoices not paid within 30 days are subject to 1.5% interest per month or an annual interest rate of 18c/o per year. Civic will cease any and all Support services for any invoice not paid within 90 days until payment is made in full. Civic has the right to increase support charges at each anniversary or the effective date. Written notice of such increases shall be given to Client not less than thirty (30) days before the anniversary of the effective date. Initial support fees are billed and prorated for that six-month period based upon the specific modules "go -live" date. 4. SERVICE HOURS Civic will provide telephone and web support service five business days a week, from 7 AM to 5 PM Central Standard Time, excluding nationally recognized holidays. Annual support charges do not cover on -site support. 5. SERVICE NOTIFICATION Client shall notify Civic of support tickets, by contacting Civic support and identifying the issue and symptoms. Notification may be made to Civic via telephone, web, e-mail or fax, as outlined below and in any of the methods outlined in the SOFTWARE SUPPORT section below. Telephone: 608 240 2600 Toll -Free: 800 241 1517 Fax: 608 249 1050 E-mail: support@civicsystems.com Website: http://www.civicsystems.com Attachment E - Civic Support Agreement 6. TERMINATION OF AGREEMENT This Support Agreement may be terminated as outlined under the TERM section above. In addition, Civic or Client shall terminate this agreement immediately upon written notice thereof to the other party, in the event the other party shall have breached a material provision of this Support Agreement, which breach shall not have been cured within a thirty (30) day period. If breach is not capable of being cured within such thirty (30) day period, this Support Agreement shall not be terminable so long as the party committing such breach shall have established to the reasonable satisfaction of the other party that it is using all diligent efforts to effect such cure. This Support Agreement may be terminated by either party effective immediately and without notice, upon: (i) the dissolution, termination of existence, liquidation or insolvency of the other party, (ii) the appointment of a custodian or receiver for the other party, (iii) the institution by or against the other party of any proceeding under the United States Bankruptcy Code or any other foreign, federal or state bankruptcy, receivership, insolvency or other similar law affecting the rights of creditors generally, or (iv) the making by the other party of any assignment for the benefit of creditors. 7. ASSIGNMENTS Civic shall not assign, transfer or pledge this Support Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of Client. A consent to assign shall be subject to such conditions and provisions as Client may deem necessary, accomplished by execution of a form signed by Client, Civic, and the assignee. 8. PLACE OF USE The Customer shall provide a suitable, clean location for the installation and operation of the Product, including adequate surge protection on the electrical supply source. 9. RISK OF LOSS This Support Agreement does not cover service, maintenance or repair necessitated by loss or damage resulting from any cause beyond the control of Civic, including, but not limited to loss or damage due to fire, water, lightning, earthquake, riot, unauthorized service or modifications, theft, or any other cause originating outside the Product. 10. PERFORMANCE Civic shall exercise its best efforts in performing services covered under this Support Agreement, but shall not be liable for damages, direct or otherwise, for failure to perform services at a location deemed hazardous to health or safety or arising out of delays or failure in furnishing parts or services caused by Acts of God, Acts of Government, labor disputes or difficulties, failure of transportation or other causes beyond its control, or for any consequential damage whatsoever. 11. LIABILITY Civic is only obligated to provide software support services for the most currently released version of the Software, and the immediately preceding version. Civic shall not be responsible, nor incur liability of any kind, nature or description to Client, its agents or employees or any other firm or corporation, whether direct or consequential, in event of failure or fault in condition or operation of the Product or for errors of omission in the transmission or display of information arising from the actual or alleged use of operation of the Product. Attachment E - Civic Support Agreement 12. Warranty A. Each party represents and warrants to the other that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party hereto has been properly authorized and empowered to enter into this Agreement. B. Client warrants that it has the legal right and authority, and will continue to have the legal right and authority during the term of this Agreement, to operate, configure, provide, place, install, upgrade, add, maintain and repair (and authorize Civic to do any of the foregoing to the extent the same are included in the Services) the hardware, software and data that comprises any of Client's information technology system upon which or related to which Civic provides Services under this Agreement. C. Civic represents and warrants that materials produced or used under this contract, including but not limited to software, hardware, documentation, and/or any other item, do not and will not infringe upon any intellectual property rights of another, including without limitation patents, copyrights, trade secrets, trade names, and service marks and names. D. If a third party claim that the Software infringes upon any intellectual property rights of another which causes Client's reasonable use of the software or other material supplied under this contract to be seriously endangered or disrupted, Civic shall promptly, without additional charge to Client either procure for Client the right to continue using the software or other material, or replace or modify that software or material so that it becomes non -infringing, provided that such replacement or modified software or material has the same functional characteristics as the infringing software or material. If none of the foregoing alternatives are possible even after Civic's best efforts, Client shall have the right at its election, to terminate the license to the infringing software and Civic shall promptly refund to Client all fees, costs, and charges paid by Client to Civic for that software or material and any other software or material reasonably rendered ineffective as the result of said infringement. E. Civic warrants that any Services that it provides to Client under this Agreement will be performed in accordance with generally accepted industry standards of care and competence. Client's sole and exclusive remedy for a breach of Civic's warranty will be for Civic, in its sole discretion, to either: (i) use its reasonable commercial efforts to re -perform or correct the Services, or (ii) refund the fee Client paid for the Services that are in breach of Civic's warranty. Client must make a claim for breach of warranty in writing within thirty (30) days of the date that the Services that do not comply with Civic's warranty are performed. This warranty is voided in the event that Client makes alterations to the Services provided by Civic or to the environment in which Services are used (including the physical, network and systems environments). If Client does not notify Civic of a breach of Civic's warranty during that 30-day period, Client will be deemed to have irrevocably accepted the Services. F. Civic does not warrant any third -party product (each, a "Product"). All Products are provided to Client by Civic "AS IS." Civic will, to the extent it is allowed to by its vendors, pass through any warranties and indemnifications provided by the manufacturer of the Product. Client acknowledges that no employee of Civic or any other party is authorized to make any representation or warranty on behalf of Civic that is not in this Agreement. Attachment E - Civic Support Agreement 13. LIMITATION ON LIABILITY In no event will Civic's liability exceed the support fees paid to date by the Customer to Civic. This limitation of liability is intended to apply to the full extent allowed by law, regardless of the grounds or nature of any claim asserted, including the negligence of either party. In no event shall either party be liable for ANY lost profits, LOST Business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages arising out of or related to this Agreement. Customer will indemnify Civic, its parent company (Baker Tilly US, LLP) and their present or former partners, principals, employees, officers and agents against all costs, fees, expenses, damages and liabilities (including attorney's fees and all defense costs) associated with any third -party claim, relating to or arising as a result of the Services of this Agreement. In the event Civic is requested by the Customer; or required by government regulation, subpoena, or other legal process to produce its engagement working papers or its personnel as witnesses with respect to its Services rendered for the Customer, so long as Civic is not a party to the proceeding in which the information is sought, Customer will reimburse Civic for its professional time and expenses, as well as the fees and legal expenses, incurred in responding to such a request. Civic will indemnify Customer against any damage or expense relating to bodily injury or death of any person or tangible damage to real and/or personal property incurred while Civic is performing the Services to the extent such damage is caused solely by the negligent acts or willful misconduct of Civic's personnel or agents in performing the Services. Customer accepts and acknowledges that any legal proceedings arising from or in connection with the services provided under this Agreement must be commenced within twelve (12) months after the performance of the Services for which the action is brought, without consideration as to the time of discovery of any claim. 14. DEFAULT In the event of payment default by Client, Civic shall be entitled to collect interest and collection costs, including court costs and reasonable attorney fees. In the event of default by the Customer in any term or condition herein, Civic may, at its option, refuse service or terminate its obligations under this Agreement. 15. FORCE MAJEURE In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental authority, epidemic, destruction of production facilities, insurrection, inability to obtain labor, materials, equipment, transportation or energy sufficient to meet needs, or any other cause beyond the reasonable control of the party invoking this provision ("Force Majeure Event"), and if such party shall have used reasonable efforts to avoid such occurrence and minimize its duration and has given prompt written notice to the other party, then the affected party's failure to perform shall be excused and the period of performance shall be deemed extended to reflect such delay as agreed upon by the parties. 16. NOTIFICATION All notices or communications required or permitted as a part of the Support Agreement shall be in writing (unless another verifiable medium is expressly authorized) and shall be deemed received (i) on the date personally delivered; or (ii) the date of confirmed receipt if sent by Federal Express, DHL, UPS or any other reputable carrier service, to applicable party (sending it to the attention of the title of the person signing this Agreement) at the address specified below. Civic Systems, LLC 4807 Innovate Ln P.O. Box 7398 Madison, WI 53707-7398 City of Stillwater 216 Fourth Street North Stillwater, MN 55082 Attachment E - Civic Support Agreement 17. WAIVER This instrument contains the entire Agreement for support of the parties. It cannot be changed, altered or modified orally. All changes or modifications must be in writing by the parties hereto. 18. SOFTWARE SUPPORT The Client will supply the conditions and data which caused the malfunction and help reproduce the failure. The following services are part of the Support Agreement: A. Telephone and Internet Support — Unlimited and reasonable telephone technical support is provided during the hours specified in the Service Hours section above. In addition, Client has the ability to log support issues and search a knowledge base utilizing Civic's customer support portal over the internet twenty-four (24) hours a day, seven (7) days a week. Technical support history, including issue and resolution, shall be available to Client via the customer support portal over the internet for a period of three (3) years. Civic shall, on occasion, employ software tools that utilize the internet to troubleshoot technical support issues. B. Bug fixes and Updates — Civic shall provide Client with all bug fixes and updates within twenty (20) days of receiving bug fixes and updates upon satisfactory software testing by Civic. Documentation communicating bug fixes, updates, and changes to the database schema shall be sent to Client. C. Software Upgrades — Civic shall provide Client with upgrades to the current platform when available. Civic shall provide Client with all upgrades within thirty (30) days of satisfactory software testing by Civic. All relevant documentation communicating enhancements, changes to user manuals, changes to the database schema, etc. shall be sent to Client. D. Trained Employees — Support will be provided to any employee that has completed formal training with Civic. Client shall notify Civic of any new employees requiring software support. New employees must schedule formal training with Civic at the current daily rate before support services are provided under the Support Agreement. If software support is required before training takes place, Civic will provide support as long as training has been scheduled with Civic 19. MISCELLANEOUS This Support Agreement covers those Services rendered for post "go -live". Post "go -live" will be defined as the first time that the Software is used in a production environment to perform the Client's daily processing. Tim Gladhill From: Sent: Monday, March 6, 2023 8:17 AMPlanning Dept To: Ted Kozlowski; Ryan Collins; David Junker; lodebrecht@stillwater.mn.us; Cc: mpolena@ci.stillwater.mn.us; Tim Gladhill FW: Public Hearing: March 7, 7:00 p.m. Meeting - Letter to the City Council Regarding Subject: Case No 2022-73 Quality Review of Design Permit for Case No 2022-73.pdf Attachments: High Importance: [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir or Madam, I am re -sending the below email and attachment to be included in the 3/7/2022 Stillwater City Council meeting packet regarding the public hearing of the conditional approval of the design permit for the new construction project located at 1824 1st St. N, Stillwater, MN 55082 (Case No 2022-73) . My information was not included in the packet last Friday. Please include this in the packet, if possible. I have copied the City Council and key stakeholders on this email in case it cannot be included. Kindly, John Colburn Stillwater Homeowner 224 Willow St E From: Sent: Friday, March 3, 2023 11:55 AM To:'planningdept@ci.stillwater.mn.us' <planningdept@ci.stillwater.mn.us> Cc: 'Gregory Otsuka' <>; 'Dan Kalmon' <>; 'Liz Nelson'<>; 'Melanie Ebertz' <>; 'Stephanie LeGros'<>; 'Katie Schoenecker' <> Subject: Public Hearing: March 7, 7:00 p.m. Meeting - Letter to the City Council Regarding Case No 2022-73 Importance: High Dear Sir or Madam, I am submitting my letter of appeal for public hearing portion of the City Council Meeting on March 7. This letter is requesting the City Council to take actions to reverse the conditional approval of the design permit for the new construction project located at 1824 1st St. N, Stillwater, MN 55082 (Case No 2022-73) Please distribute this email and its attachment to the City Council members prior to the meeting. As a resident in the proposed project area, I became aware of the proposed project in my neighborhood in late January of this year. I was encouraged by fellow neighbors to closely review the project as it appears to have permanent implications to the neighborhood. As we researched the project's design and also the i Stillwater NCD design guideline manual, it quickly became apparent that the guidelines were not being adhered to. By trade, I am an independent quality consultant and a certified quality auditor with over 25 years of experience in quality process development, project design reviews, auditing, compliance and continuous improvement efforts. After seeing the results of the decision making of the HPC in approving this project, despite the non -compliances to the established Stillwater HPC guidelines, my training and experience compelled me to perform a quality review of this process. I have attached this quality review in the hopes that city council members and other key stakeholders are able to see the departure of the compliance to NCD design guidance in this project. Please review the attached document as it provides specific details and justifications for the Dutchtown neighborhood appeal. Additionally, I have included suggested short and long term actions that the city might consider to improve its processes and increase customer (resident) satisfaction. As residents, we rely on the city to protect the historical nature of our community by adhering to established guidelines. This project has not yet proven to do so, and thereby threatens the historical fabric of the neighborhood and city. Homeowners in this neighborhood have demonstrated the importance of historic preservation of this very special area. This quaint area includes the homes that make Stillwater a unique and wonderful community. Sincerely, John Colburn Stillwater Homeowner 224 Willow St E 2 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 1) Purpose and Scope The purpose of this document is to perform a quality review of the design permit approval decision of the Stillwater Heritage Preservation Commission (HPC) for compliance with the requirements set forth in the Stillwater Neighborhood Conservation Overlay District (NCD) Design Guidelines Manual. The scope of this quality review is limited to the HPC conditional approval of the design permit for Case No. 2022-73 for the proposed new infill construction of a home located at 1824 1st St. N, Stillwater, MN 55082. 2) Background: Section 31-209 of the Stillwater City Code states: The purpose of the design permit process is to ensure that building and site development is designed to complement the character and integrity of Stillwater's traditional neighborhoods and commercial districts, including adjacent buildings, the streetscape, and the natural environment. The NCD design guideline authors note, "Many of the design guidelines are based on the simple goal of helping a new infill project be a good neighbor to adjacent existing houses and neighborhood." An appeal to the HPC decision was filed by the neighborhood residents on January 27, 2023 noting several claims that the proposed new home construction's design permit decision does not conform to multiple clauses of the NCD design guidelines manual and does not meet the intent or purpose of the NCD. 3) Method: Using publicly available information including relevant excerpts of the NCD design guidelines manual, proposed new home project design documentation for Case No 2022-73, interviews with neighborhood residents, video footage of the HPC meetings concerning this case, and related documentation available on the City of Stillwater's website. This review will compare the conditional approval of the proposed project with the NCD design guidelines manual. Included in the below pages are relevant excerpts from the Stillwater NCD design guidelines manual: • Key information and requirements have been highlighted in yellow by the reviewer. • Reviewer comments, related to where the proposed new home design fails to meet requirements, are included in red text. 4) Results: The results of the review show several areas where the proposed new home construction design permit decision does not conform to the NCD design guidelines manual and does not meet the intent or purpose of the NCD (see highlighted areas and reviewer comments in red text in the below pages). 5) Conclusion: The proposed new home design permit threatens the historical fabric of the Dutchtown neighborhood due to of the number and seriousness of non -conformances to the NCD design guidelines. Additionally, the design project permit process negatively impacts the project application process as it causes undue project delays and increased time and financial burdens to the applicants. Immediate Short -Term Actions Required!: The Stillwater City Council must take immediate action on March 7, 2023 and vote to grant the neighborhood resident's appeal and reverse the HPC decision on the approved design permit for Case No 2022-73 in order to prevent permanent harm to the character and rhythm of the historical Dutchtown neighborhood. Page 1 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 Long Term Action Recommendations: It is recommended that the city council consider the following actions: • Review and investigate the city's processes used by the HPC in order to determine the root cause(s) of how nonconformances to the HPC design guidelines were allowed in a design permit approval, and why such guidelines were not strictly applied in the earliest stages of the project request. • Utilizing the results of this information, the city council should determine and recommend corrective and preventive action(s) to city processes used in order to correct the identified root cause(s) and to promote future continuous improvement efforts. • Improvement to such processes should focus on stricter adherence to the HPC Design Guidelines Manual beginning in the earliest phases of project requests. Such actions would to reduce the potential of non- conforming structures being approved, and improve the city's customer service by reducing or eliminating unnecessary time and financial burdens to project applicants. 6) Reviewer Credentials and Disclosure Statement John Colburn performed this quality review. He is an independent quality management consultant with over 25 years of experience in process / procedural development, project design reviews, continuous improvement efforts, risk assessment, investigations, and quality auditing. He is a Certified Quality Auditor, granted by the American Society for Quality. Disclosure: John Colburn is a resident of the Dutchtown neighborhood impacted by this case, however great care was taken to limit bias in this review and to focus only on available factual information. Page 2 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 It a . STILLWATER DESIGN GUIDELINES �i f�i � ` 1141iN UAI, . • ir': ;P'-..1- '■'' Stillwater, Minnesota . , :..: - r■i►~ • ,r.'' f'� .11. ►. •'►.; •"e •r ram. �.. .::, t1:' . �- • r, • h ■ 1 Incorporating design g:iidcllrres for the Stilhr:rer Cov»ilereitti lli.storrc Disrrier, the Phu rvrnrrl �! Dest2,•r: Relicts District, the ;Ve:yhhor$ond Consen ition District, arxllrist..ric rebidenri;41 `r71 p nrertie, hi adopted ::re.1., City of'Stillwater I Prepared by HKCG1 and Landacapc Research LLC 1.2021 REVISED 7/30/2021 Page 3 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 0 0.13 0.25 0.5 Miles I � I Author; HKGi July 3'). 2021 Proposed new infill home location ® Neighborhood Conservation Overlay District (NCD) Figure S. Neighborhood Conservation District Stillwater Design Guidelines _Manual • Draft • 07302021 59 Page 4 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 5.8 NEIGHBORHOODS AND STREETS 5.8.1 Massing and scale of a new building should be compatible with neighboring structures. The massing and scale of new buildings should follow the predominant pattern of the neighborhood. Special consideration should be given to adjacent structures, especially if they are consistent with the overall pattern of the neighborhood. A well -designed building and site exhibits a proportional relationship to adjoining properties and maintains the rhythm and scale of the strcctscapc by using compatible massing, proportions and details. Although base zoning districts often allow greater mass and scale, the scale and volume of the new building should respect its context and that of adjacent buildings and not stand out due to inappropriate size. Irrli!! designs should address the -rise, height, and scale of 1hrildMi nrr 1rcighlxrdrig hits :drld the (1nrrall.sncrrscalx. See Attachment 1 - Map: The mass and scale of the proposed home has 1.5x the footprint and 2.5x the total living space sq. ft. of the average surrounding homes (incl. their garages) on similar sized single Tots. The proposed home footprint is 1752 sq. ft. with an estimated total living space of 3500 sq. ft. (not incl. garage). The calculated average of the surrounding homes footprint (incl. their garages) is 1162 sq. ft. with an average total living space of 1360 sq. ft. The proposed home requires a variance on side yard setbacks and thus will disrupt the surrounding homes, street setback. 5.8.2 Respect the existing rhythm of the strectscape. New intil] construction should attempt to maintain the existing overall pattern and rhythm of the strcctscape. Uniform narrow lots naturally sct up a strong rhythm on the street front, and design features of new construction should relate to that rhythm. Single lot sizes are uniform and narrow (50' x 150') Building massing, scale and orientation, roof forms, porches, building setbacks, garage and driveway locations, and landscaping should be carefully considered because they all contribute to the new structure's compatibility with the existing pancrn and rhythm of the srreetscapc. Follow alignment and setbacks predominant on the street and adjacent properties. One important component of street rhythm is the building -front alignment and setback from the street and boulevard. The building -front alignment and setback should he carefully planned to ensure integration with the surrounding streetscape. Varying lot sizes, corner lots, and other considerations should be examined on a case -by -cast basis to determine where, and to what degree, variations from setbacks arc appropriate. In most cases, relating to the predominant alignment is appropriate, even if some existing structures may deviate from it. Neu- construction should relate ro the overall massing, rhyrhn, --vethach, and sid lard spacing of the black. Stillwater Design Guidelines \tanu:d • Draft • 07302021 60 Page 5 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 Appropriate In171k Roof forms, hele, and detail are compadble. 5.8.4 Design new roofs to be compatible with Forms of existing roofs in the neighborhood. 'The perception of scale, massing and the rhythm of a building is greatly affected by its roof form and height. Although a variety of roof forms may be evident along several blocks, the new building's ni,of should appear compatible in scale, pitch, orientation and complexity to those surrounding it. Proposed roof is Mansard style. All nearby roofs are Gable style. Oversized roof forms should he avoided. IF the infell building is larger than those nearby, massing should be adjusted to allow the larger roof forms to be more articulated and broken down into smaller, well -scaled components. 5.8.5 Building height should be considered in choosing roof forms, architectural style, and relating to the neighborhood context Building height alone is not adequate in considering; the relationship of adjacent structures. Two buildings of the same height can be perceived quite differently in terms of scale and compatibilin-, depending on nce overall massing of the building, its articulation and its roof forms. See Attachment 1 - Map: Proposed home height is 2.5 stories. Predominant adjacent structure height is 1 - 2 story with majority being 1.5 story. Inappropriate Milli: Roof forms arc not compatible; Barge onbrolen rrwfxlope out of scale with neighboring buildi, . 1]epcnding on site and surrounding neighborhood context, certain architectural styles are more appropriate than others, Consider the pitch, slope and orientation of primary gables, and the use of hip roofs, in adjusting the apparent building volume, mass, and height, to be appropriate to surrounding building style and context. Consider introducing projecting elements, roof forms, shed roofs, dormers and gables, as appropriate. 5.9 BUILDING AND SITE In Stillwater neighborhoods, many parcels have sloped or irregular topography, and existing mature trees. Building and site design should respond to and be influenced by natural features, adapting the building to the land rather than the land to the building. 5.9.1 Building and site design should respond to natural features. Locate building forms on the site to work with existing significant trees, slopes, and other natural features. Choose locations for walks, driveways and garages that will minimize site disruption and erosion or damage to nearby or adjacent root systems, Stillwater Design Guidelines Manual • Draft • 07302021 61 Page 6 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 Appropriate: Adjust the building design to respect existing remmadon and slope. 5.9.2 Respect the site's natural grades in new building design; minimize cut, Fill and retaining walls. W'hcn possible, locate structures to follow the natural contours of the property. Organize the building's massing for orientation with existing grades rather than creating an artificially flat building pad with abrupt retaining walls. See city slope conservation regulations in the Stillwater City Code for restrictions on slopes greater than 24".4. 5.9.3 When retaining walls are necessary, minimize their impact. Design of retaining walls should minimize grade change by creating gradual steps or tiers. Select the form and material of new walls to be compatible with existing walls in thc neighborhood, especially where visually prominent (such as along the boulevard and street frontage). Use landscaping to soften and minimize visual impact. 5.9.4 Preserve significant trees. Building design and siting should consider existing trees on site and those immediately adjacent. Site carefully around the tree canopy and root �onc, and avoid excessive removal of topsoil from building sire. Choose permeable materials for paths and driveways in sensitive areas of the root zone. 5.9.5 Locate the garage and driveway to respect existing street and neighborhood patterns. Garage design should he properly scaled and sited relative to thc primary structure. Because of the impact garage location has on streetscape and building massing, refer to existing neighborhood garage/building/site relationships in new infiil site and building desi. Appropriate: Recr.•.ssedgarage it minimized, emphasizing house tape* and Street frontage. 5.9.6 Minimize garage impact on new structure massing and street front. I)es4,m the garage to set back and defer to the main building massing. Consider tandem garages, or side -loaded or backyard garages where site permits. Avoid oversized garages that dominate the site and street frontage on narrower lots. Use dormers, windows and other design elements to help break up blank garage roof forms or walls. Single garage doors are preferred over double garage doors. Minimize the total area devoted to driveway paving. The proposed design has an attached garage, significantly adding to the mass and scale of the home. The primary neighborhood garage type is detached. Stillwater Design Guidelitxcs iianual • Draft • 07302021 62 Page 7 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 MadrOrd`'Foorr into 'proposes home has much less open space than the predominant neighborhood 7.n The size and mass of the structure should be compatible with the size of the property. Consider the open space around a structure, and how it relates to the pattern of the neighborhood. 5.9.8 Consider front porch elements in the design of inftll structures. New infill structures should reflect the pattern of the neighborhood and adjacent structures with respect to porch elements and design. Many porch npew, including lulldengrdt :urd wraparound, arc (aural on District houses. Porches provide a transition from the public error ro nce private ..pace of rhe building. Appropriate: Building (oorprinr maintains scale and parrem of surrounding block and srrcerscupc. Inappropriate: Oversized (ontprinl of building ignores scale and pattern of neighborhood and neighbors' open spaces. 5.9.9 Accessory buildings should be compatible with the main building. Accessory buildings (including garages) should strongly relate to the main building design, including roof pitch, windows, trim details and materials. This relationship increases in importance with thc visibility of the accessory building from the street. Accessory aniklingt should !clime thc scrk rand overall design of the matrix budding. Stillwater Design Guidelines Manual • Draft • 07302021 63 Page 8 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 5.9.10 Design and detail new construction as four-sided architecture, where the building's style, design and detail is consistent on all sides, not just the front facade. New design should exhibit character that is consistent with the existing four-sided design in the neighborhood. Roof forms, location and style of window openings, siding materials and texture, trim and detailing all play a role in creating consistent, complete design. The top example shoes window and rrim details that arc cansistent an all sides, bur the example below lacks such architectural features. 5.10 ARCHITECTURAL DETAILS In addition to designing for compatible massing, .ethark, and height, the appmpriatr use of rrairrials, arrhirrc and details, color and lighting ran also help the nest smrrrun• fir into the neighborhood. The example at right has pueais• chasm window, e•ntn- and nmfdemi& fur its setting next to a traditional! nurse. Proposed home style is radically different than the historical vernacular homes on the surrounding streetscape. 5.10.1 The building facade should be compatible in scale and character to the houses of the surrounding streetscape. Window and door placement, proportions, and size can affect a building's compatibility with adjacent structures. if the houses on the street tend to have a consistent vertical or horizontal emphasis in their facade elements, this should be incorporated in the new design. 5.10.2 Building elements should be proportional to the scale and style of the building, and its context. Building facades should provide visual interest and a sense of human scale, Door and window proportions should relate to the style of the building, and facade design and detail should be consistent in all elevations of the structure. Tall narrow window openings are appropriate with some traditional styles of architecture, while larger openings may fit more contemporary styles. Avoid large area of blank walls, disproportionate gables sizes or shapes, minimal detailing. Features such as bay windows, bump -nuts, dormers, and masonry chimneys can help add detail and enliven facades. Stillwater Design Guidelines Manual • Draft • 07302021 64 Page 9 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 5.10.3 Use architectural details to create visual interest. Use architectural features such as columns, brackets, rails, window, door and comer trim, water table and horizontal banding, and frieze and fascia boards to be generally compatible with adjacent structures. In new building design, consider appropriate materials, textures and colors, and their relationship to other buildings of the neighborhood. Building materials were not provided in the design Building materials should relate to prevailing materials of the streetscape to unify old and new structures of the neighborhood. Traditional materials may include woad, stucco, stone, brick, and shingle siding. The use of natural materials —wood, stone, brick, stucco --rather that simulated, is preferred. if fiber -cement products are used, they should be of the same depth, character and detail as surrounding buildings.Narrow horizontal lap siding is predominant in the Color, although a matter of personal choice, should complement the structure and srreetscape For Traditional styles, consider historic color palettes, often of three or more colors. 5.10.5 Use masonry and stone authentically. Masonry and stone materials, especially thin veneer types, should be used carefully, and in an authentic way. Their primary use as a foundation element relates well to the traditional use of local limestone and brick in historic Stillwater structures. When masonry and stone are used as cladding for wall elements, care should be taken to define building mass elements with it, typically terminating it at inside corners. 5.11 GOOD NEIGHBOR prnpp CONSIDERATIONS Many of the Neighborhood Conservation Overlay District Guidelines are based on the goal of helping a new infili project be a "good neighbor" to the adjacent existing houses and neighborhood. In addition to visual design compatibiliiv, other considerations should be addressed, including maintaining privacy, access to views, light and air, and drainage issues. strettclape cart taller portions of buildings so as to minimize obstruction of sunlight to adjacent yards and rooms. Inappropriate int7lb• Tali building mass may obstrue:r sudighr m adjact?nr Mrs. The adjacent small (800 sq. ft.)1 story yellow home at In considering materials, study the details and reXwws "ICl/ 6 '1 8181 st St. N will be eclipsed by the proposed new surrounding houses. infill horse. Additionally, the homeowner is concerned about restricted access for maintenance / utilities in their back yard and the disturbance of soil affecting retaining walls located in close proximity of the property line. Stillwater Design Guidelines Manual • Draft • 07302021 65 Page 10 of 11 Quality Review of the Stillwater Heritage Preservation Commission's Conditional Approval of Design Permit for Case No. 2022-73 Attachment 1— Map of Mass and Scale of Proposed Design vs. Adjacent Homes 900 / 1400 ft2 1.5 Story Willow St E fV n ;:; 1 QiwZ Gage 850 / 1450 ft2 1.5 Story Shed Garage 988 / 1583 ft2 1.5 Story Willow St E Q c 2.5Story`' E o fV 7 800 / 800 ft2 1 Story z Note: Garage is 1 stall. Home footprint num additional living space on first floor of ga 1373 / 2297 ft2 75135 Story Garagd- *Double Lot* Willow St E 870 / 1984 ftZ 2 Story Garage 988 ber includes the rage building Willow St E 800/1400ft2 1.5 Story 900 / 1700 ft2 1.5 Story Shed Key: • Black Text Denotes Adjacent Homes: Footprint Square Footage / Total Square Footage. (Source was reported from the owners and their appraisal wherever possible) o Average footprint of surrounding homes plus their garages on single lots = 1162 ft2 o Average total home living space square footage of surrounding homes on single lots = 1360 ft2 • Red Text Denotes Proposed New Home: (single lot) Footprint Square Footage / Total Square Footage o Total square footage information could not be found. Estimate was calculated using the footprint of the home portion (without the garage) x 3 floors (basement, first story and top story), then adding in the additional living space over the garage. Page 11 of 11 Tim Gladhill From: Stephanie LeGros <> Sent: Monday, March 6, 2023 4:47 PM To: Planning Dept Cc: Tim Gladhill; Ryan Collins; David Junker; Ted Kozlowski; Larry Odebrecht; Mike Polehna Stillwater City Council Meeting 3/7/2023 - Public Hearing for Case No 2022-73 - Appeal Subject: of HPC Design Approval Neighborhood Residents Comments on the Applicant Neighborhood Context Study Attachments: (2).pdf [CAUTION] ***This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Stillwater Mayor, City Council Members, and City Planning Staff: My name is Stephanie LeGros and I reside at 309 Willow Street East. This email is in regard to the public hearing of the Dutchtown Resident's appeal of the HPC Approval of Design Permit (Case 2022-73) that will be held at the City Council Meeting on Tuesday, March 7 at 7pm. The attached document is the applicant's "letter of Intent". It is included in the meeting packet materials on the Stillwater City Website. The Dutchtown Neighborhood Residents that are appealing the HPC design approval have reviewed this document and found what we believe to be several inaccuracies in the data and information that we found in the letter's attachment referred to as a 'Neighborhood Context Study" (per section 5.8.1) of the applicant's letter. We would like to share our comments and observations with you. We feel this information is important for you to review prior to the council meeting as it is relevant to the case and packet materials. We want you to have the most accurate information that we can provide to you to help guide your decision -making. Our comments are in RED text beginning on page 5 of the attached document. i We thank you for your time and attention to this matter. Thank You, Dutchtown Neighborhood Residents 2 City of Stillwater City Council 216 4th Street North Stillwater, MN 55082 Letter of Intent for Design Approval Ryan and Andrea Rambacher 1824 1st St N Stillwater, MN 55082 Dear City Council Members, We are requesting a design permit for a new construction family home in the Neighborhood Conservation District, Dutchtown. We have met with the HPC twice and the Planning commission once. Following a preliminary meeting with the HPC and Planning Commission in October 2022 we made the following architectural edits as advised. 1. Stillwater zoning code has a 2 and %2 story maximum for residential homes, our original design was considered 3. We had to consider the following when coming up with a solution to this: maximizing the livable square footage of the 1/2 story for our family, maintain a footprint of less than 25% for lot coverage as required by the city, and minimizing roof peak/height to be sure not to block any of our neighbor's view of the river behind us. The % story is now located in a mansard style roof which achieves all of the concerns and requirements listed above. 2. At the HPC meeting the importance of four-sided architecture was discussed. Based on this discussion we have added windows to the South side of the property and an entrance to the property off of Willow St E as advised. 3. The garage of the home was moved to the back of the home versus the tuck under style as this is the common layout of homes in this area. 4. Lastly, we removed the unique roof battlement details that were on the turret as to not stand out with the surrounding character of other homes. We applied for a design permit on January 18, 2023 with the above edits and we were granted conditional approval pending the following: reducing the 3-stall garage to a 2-stall, details about exterior materials being used, and a neighborhood context study. We were notified January 27, 2023 that an appeal was filed against our conditional approval. Our lot comes with the following challenges: it is small and narrow (approx. 50 ft X 150 ft), the steep topography, and consideration of river views of the homes behind us. When the NCD design guidelines were quoted in the filed appeal the word "must" was inserted in place of the word "should." This is an important distinction to point out because the HPC considers the guidelines in combination with the unique nature of the homeowner's lot on a case -by -case basis. Below each guideline and concern cited in the filed appeal is addressed. 5.8.1: Massing and scale of a new building should be compatible with neighboring structures. It seems that the size of our home was not made clear at our meeting with the HPC. After the reduction of our garage size our home's footprint (home: 1200 + garage: 552) is 1,752 Sq ft. Adding the small overhang at our home's entrance the footprint comes to 1,873 Sq ft. This puts us in the 24th percentile for lot coverage, below the city's requirement of 25%. We used the Washington County website to compile data for our Neighborhood Context Study and found our home to be average in mass and scale and our 2-stall garage to be one of the smallest in the neighborhood. The Neighborhood Context Study visually shows our proposed home is similar in mass and scale of the surrounding structures. 5.8.2: Respect the existing rhythm of the streetscape. In the appeal the mass and scale, roof design, and garage orientation are specifically called out here. These concerns are individually addressed elsewhere as well, so please see 5.8.1 (mass and scale), 5.8.4 (roof design), and 5.8.5 (garage orientation) for explanations and counterpoints. This may be a good place to point out the variety in lot orientation, rhythm, and streetscape along Willow St E and 1st St N. This is difficult to articulate but evident visually in the attached Neighborhood Context Study. There are multiple examples of "one -offs" in design and deviation. For example, the home at 300 Willow St E is two homes side by side, attached with a breezeway, and a tuck under garage built in one of the structures. A beautiful unique design that deviates from the setback garage commonly seen in the area. The home on 301 Willow St E has a circular turret within its roofline and a large garage outside of their property line. This is another example of a variance that has been granted due to lot size on a case -by -case basis. The home at 307 Willow St E has a driveway that goes right to their front door. We have attached a document that provides many examples of architecturally unique homes within Dutchtown. It seems as though a consistent pattern in Dutchtown is the lack of consistency which adds to its unique charm and character. 5.8.3 Following alignment and setbacks predominant on the street and adjacent properties. In the appeal the applicant states, "It is not clear at this time what setbacks and variances the applicant seeks." In our design application we included a letter outlining the setback that we require and a plot map showing the home on the lot. At the public hearing our neighbor requested we honor the 30-foot setback from 1st St N. Our plot map clearly shows the home more than 30 feet back from 1st St N, we also stood up and verbally affirmed that this design honors that setback. The variance that we will be applying for is a 10-foot setback from Willow St E, the HPC is aware of this. Additionally, that variance will be applied for to the Planning Commission for approval. 5.8.4: Design new roofs to be compatible with forms of existing roofs in the neighborhood. Those who filed the appeal would like us to build our home with a gabled roof like the immediate structures. However, they have not been with us in this process since the beginning and were unaware of the reasons for this deviation in design. A gabled roof comes with new set of complications: 1. We lose a significant amount of livable square footage in our attic level resulting in a larger main level to get that square footage back. Our main level would now have significant space that our family does not need and increased costs for finished square feet. 2. The footprint of our home would be greater than the city's %25 coverage requirement resulting in us applying for a variance. This would also increase our home's overall mass and scale. 3. Our roof's peak would be steeper and higher. The river view of our neighbors behind us will be affected which goes against guideline 5.11.2: Consider views from neighboring properties when placing and sizing new building elements. This would cause a new set of neighbors to appeal the updated design. There may not be examples of Mansard roofs in Dutchtown but in our neighboring conservation district, The North Hill, there are numerous. This roof is a beautiful design element that fulfills many considerations for this unique lot and our family home. The HPC did acknowledge this deviation but by reviewing the design on a "case by case" basis the majority voted in favor of the home's overall design. 5.9.5: Locate the garage and driveway to respect existing street and neighborhood patterns. Our garage and driveway are keeping with the neighborhood pattern: located in the rear of our yard and setback from the primary dwelling. During the last HPC meeting, the Willow St view of our home was shown up on the screen. I think this caused some confusion that this was the front of our home, however, the front of our home is 1st St N. We actually removed the tuck under the garage from the first design to comply with this guideline. 5.10.4: In new building design consider appropriate materials, textures and colors, and their relationship to other buildings in the neighborhood. We have a meeting scheduled to finalize exterior materials for design. We were awaiting design approval prior to diving deeper into the building process. We will have final selections for the HPC to review per their conditional approval. A couple of the concerns in the submitted appeal were simply due to a lack of information. Many of these details were included in the HPC's review but not included in the information that the city sent out to neighbors. We sent letters to our neighbors introducing our family and clarifying those inaccuracies (see attached letters). Our hope was to mitigate concerns prior to this appeal date. We started designing our home about a year ago. Our original dream home has gone through several revisions and edits per the HPC's guidance. I hope that the City Council recognizes that we have made every effort to take into account their feedback and advice. I hope that we have finally come to a compromise over the last four months of working with the city to move forward with building our family's home. Sincerely, Ryan and Andrea Rambacher This document is attached to the applicant's "letter of Intent" and is referred to as a 'Neighborhood Context Study" in section 5.8.1 of the letter. The Dutchtown Neighborhood Residents appealing the HPC design approval have reviewed and commented on this document to communicate to Council Members and key stakeholders where we believe inaccuracies and/or improper comparisons have been made. Our comments are in RED text throughout this document. During the HPC meeting on January 18, 2023 some neighbors spoke to the character of Dutchtown. One of the descriptions included: "It was not an area of town that had wealthier homes mixed with lower income homes. It was really the wrong side of the tracks." Dutchtown is a "Shanty community." We spent a lot of time walking and driving around Dutchtown and found a variety of home sizes and architectural elements. If this topic comes up again, we wanted to provide examples of homes that deviate from this "shanty style." The homes below are sprinkled through Dutchtown and intermingled with many smaller homes as well. There are many more than we have included but we hope below there are enough examples to show the variety of Dutchtown. The comparison home examples shown below are irrelevant to the proposed build because: 1) According to NCD's Design Guideline Manual, sec. 5.8.1, "A well -designed building and site exhibits a proportional relationship to adjoining properties and maintains the rhythm and scale of the streetscape by using compatible massing, proportions and details.... 2) "Massing and scale of a new building should be compatible with neighboring structures" 3) The home pictured here on Lakeside Drive is not considered a neighboring structure. It is located 4-5 blocks away from the proposed build and is not located in the Neighborhood Conservation Overlay District (NCD), therefore it is not subject to the NCD design guidelines that the proposed build is subject to. 101 Lakeside Dr The comparison home pictured here is irrelevant to the proposed build because: 1) It was built prior to the establishment of the NCD and was not subject to the Design Guidelines that currently exist. 2) It is not part of the streetscape or neighboring structure of the proposed build as it's access is off of Hazel St, down a steep hill from 1st St. and is not visible from the proposed build or its neighboring homes. 1921 1st St N The example comparison homes pictured here are irrelevant to the proposed build because: 1) Both homes pictured here on Lakeside Drive are not considered neighboring structures in the affected streetscape. They are located 4-5 blocks away from the proposed build. 2) These homes are not located in the Neighborhood Conservation Overlay District (NCD), Therefore, they were not subject to the NCD design guidelines that the proposed Lakesidld is subject to. Historical Background: Lakeside Drive was the industrial area of Dutchtown where the Lumber Mills once stood, and therefore no historic homes were located there. Lakeside Dr This example comparison is irrelevant because: 1) This is not a home. It is a barn / garage outbuilding. 2) It is located 2 blocks away from the proposed build and is not part of the neighboring streetscape of the proposed build. 222 Hazel St E The example comparison home pictured here is irrelevant to the proposed build because: 1) It is located on Hwy. 95, 2 blocks away from the proposed build and is not part of the neighboring streetscape of the proposed build. 2) This is a duplex and is situated on a much larger lot. Historical Background: This is the location of the historic Wm. Schurmely Pop Shop from the 1870's St Croix Tr N The example comparison home pictured here is irrelevant to the proposed build because: This house is 4 blocks away on a streetscape where there are no historic homes. It is not part of the neighboring streetscape of the proposed build. 1st St N The example comparison home pictured here is irrelevant to the proposed build because: This house is 1/2 mile away. It is not part of the neighboring streetscape of the proposed build. Ridgelane Dr The example comparison homes pictured on this page are irrelevant to the proposed build because: These homes are 3-6 blocks away on a streetscape where there are no historic homes. They are not part of the neighboring streetscape of the proposed build. C i realtor.comlreaiestateandhomes-detaifl1907-4th-St-N_Stiilwater_MN_55082_M83694-50298 ....1 The example comparison homes pictured on this page are irrelevant to the proposed build because: These houses are 4-6 blocks away. They are not part of the neighboring streetscape of the proposed build. The example comparison homes pictured on this page are irrelevant to the proposed build because: These houses are 1-3 blocks away from the proposed build and are located on 2nd street and off of Hwy. 95 They are not part of the neighboring streetscape of the proposed build. The measurement data on this page is incorrect and cannot be used for comparison purposes. The tracing tool measurements made by the applicant below are inaccurate due to measuring rooflines from low -resolution satellite imagery, often obstructed by trees, and heavy shadows. The website that was used clearly states that this tool is not to be used for these types of purposes. A few examples of known inaccuracies and irrelevant comparisons are given below: Neighborhood Footprints Largest to Smallest: Data below was estimated using measurement tools on the Washington County website: maps.co.washington.mn.us. The visual representation is provided in another attachment. 1801 2nd St N Comparison to this home is not relevant, it is not located in the immediate neighboring streetscape and is a double lot size. Footprint Home + Garage = 3,219 1817 2nd St N Comparison to this home is not relevant, it has double the lot size and faces 2nd street. Footprint Home + Garage: 3,060 Sq ft 222 Hazel St E: Comparison to this home is not relevant, it is not located in the immediate neighboring streetscape and is a double lot size. Footprint Home: 1,208 Sq ft Garage: 866 Sq ft Outbuilding: 725 Sq ft = 2,799 Sq ft 1905 2nd St N Comparison to this home is not relevant, it is not located in the immediate neighboring streetscape Footprint: Home approx. 1,635 Sq ft Garage 975 Sq ft Total: 2,610 Sq ft 1723 2nd St N Comparison to this home is not relevant, it is not located in the immediate neighboring streetscape and is a double lot size. Footprint Home: 1,947 Sq ft Garage: 576 Sq ft Total 2,523 Sq ft 301 Willow St E Certified appraisal for this home footprint is: 870 sf. home, 988 sf garage = 1858 total. Values shown by the applicant Footprint home: 1200 Sq ft Garage: 1298 Sq ft Total 2,498 Sq ft. overestimate by 640 sf. 1924 1st St N Footprint Home: 1,526 Garage: 583 Sq ft Outbuilding: 304 Sq ft Total: 2,413 Sq ft 1901 2nd St Homeowner indicates this home footprint is: 900 sf home, 580 sf garage =1448 total. Values shown by the applicant Footprint Home: 1,357 Sq ft Garage: 975 Sq ft Total: 2,332 Sq ft overestimate by 884 sf. 1911 1st St N Footprint Home + Garage: 2,211 Sq ft 1912 1st St N: Footprint Home: 1,576 Sq ft Garage: 616 Sq ft: 2,192 300 Willow St E: Footprint: Home + Garage 1,931 Sq ft Outbuilding: 151 Sq ft Total: 2,082 Sq ft 224 Willow St E:Certfied appraisal for this home footprint states: 988 sf home, 460 sf garage =1448 total. Values shown by the applicant Footprint Home: 1,377 Sq ft Garage: 699 Sq ft Total: 2,076 Sq ft overestimate by 628 sf. The 1818 Broadway St N: measured 'traced' area includes the home's deck and parts of the yard. Footprint home: 1,436 Sg ft Garage: 598 Sq ft = 2,034 Sq ft 309 Willow St E:Homeowner indicates this home footprint is: 900 sf. This home does not have a garage, rather a shed of 420 sf. Footprint Home: 1,136 Sq Ft Garage: 763 Sq ft Total: 1,899 Sq ft Values shown by the applicant 1824 1st St N: overestimate by 579 sf Footprint (home and garage): 1,752 Sq ft +overhang = 1,873 Sq ft 1030 LECUYER DR Footprint Home: 635 Sq ft Garage: 809 Sq ft = 1,444 Sq ft 1908 1st St N: Footprint Home: 826 Sq ft Garage: 320 Sq ft Total: 1,146 This home does not have a garage. it has a small shed. 307 Willow St E: Footprint Home 989 Sq ft 1030 LECUYER DR Footprint Home: 635 Sq ft Garage: 809 Sq ft = 1,444 Sq ft 1917 2nd St N Footprint home: 1,327 Sq ft Garage: 210 Sq ft = 1,537 Sq ft NOTE: The Dutchtown Neighborhood Residents do not believe that the "Footprint" by itself, is an accurate representation of a structure's mass. A footprint is a perimeter measurement limited to a flat plane (length x width). A more accurate representation of mass would also include the height of the structure (length x width x height). This would be the more commonly used Total Square Footage of a structure. The total square footage of the proposed new infill home design was not found in the materials provided. Washingtonty Property Pro e Viewer cc,u • • :- ■■ Search I y Parcel ID or Add DCC 586654 125 1 60ft Z 1- 0 Z i cs41 �7 pmm- 1813 I 1 1 1•11- 41 0 WILLOW ST E ni Washington Property Viewer " w Search by Parcel ID or Add Ct, AL Tim Gladhill From: Kari Branjord <> Sent: Monday, March 6, 2023 5:57 PMPlanning To: Dept; Melanie Ebertz Subject: Appeal Rambacher [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. Appeal Rambacher March 6, 2023 Dear Stillwater Planning Commission, My name is Kari Branjord, and I live in Dutchtown. In fact, I built a home in that neighborhood in 2013-2014. 1 had to go through the entire Heritage Preservation Commission approval process, and found the process so important that 1 briefly served on the commission. Sadly, my job changed, and I was traveling more than 75% time in the days before remote participation was a possibility, so I had to resign my post. I am dismayed by the watering down of our HPC, and I cannot believe we would allow such a project to go forward as was approved for the corner of Willow and 15Y. When I submitted my approval, I paid very close attention to the rules about mass, positioning on the lot, roofline, and general fit into the neighborhood. While there is nothing that says a house must look "old" per se, it is clear that a proposed house should not be jarring, and that it should be inspired by prominent architecture in the preservation area. I spent hours walking the neighborhood taking photographs, as well as in the library understanding the various prominent architectural styles of the city. I fully understand the concerns about building a house that is sized for modern -living and conveniences. My inspiration was the ltalianate style; a style known for a flatter roof and that can portray organic growth over time. I referred to the house on the corner of north 2nd and Wilkins Street, which was built by the supervisor of the Schulenberg Lumber Company as a pattern. It is also the case that we had to compromise on some of the set -back requirements and hill -slope requirements for my home in order to make this lot work for a modern home that is respectful of the heritage of the neighborhood. That said, we collectively found a way to ensure that all of the intentions of the regulations were met. 1 share this because the HPC regulations are supposed to inspire design that "fits". The regulations are not supposed to stand in the way of progress, but they are there to ensure progress is respectful of- and a nod to- the past. I am certain that as you contemplate this appeal you will have reviewed the regulations as well as houses that have been approved over the past several years. My fervent hope is that you have walked the Dutchtown neighborhood and attempted to envision the proposed design in that location. I have heard some say, "well look at the house on second street...or the Mondrian... It is modern looking, why can't we build this here?" The response must be that one bad decision doesn't mean that the neighborhood no longer matters. It should be a call to action to protect the character of the neighborhood even more effectively. The regulations are there to arrest the downward cycle of inappropriate decisions. You will also have the benefit of testimony and opinion from those who commissioned the Dutchtown neighborhood study. These documents articulate exactly how important and unique this neighborhood is. I hope you reviewed the documents as well. The neighborhood is largely united in our desire that new neighbors build on this lot that has been vacant for nearly a decade. We are equally united that this is not the right design for that home. We would love to welcome a family that is respectful of the nature of the neighborhood itself. This appeal is not a judgement against them personally. This is a request that the city fulfill its obligation to apply the regulations with due care and consideration. If the city provided i this couple with bad advice, the city should also cover the expenses this couple has had to incur as a result. It should not mean that an approval should be granted. One bad decision should not be followed by another. Not only is the house wholly inappropriate in the Willow Street setting, taking no account of the architecture of those houses around it, the design of the house has little or no architectural merit and would be inappropriate in nearly any part of the preservation area. In fact, the HPC appear to have been neglectful in their duties, failing to adhere to their own rules. During their deliberations, they roundly objected to the design of the house then voted to accept the design with a minor change to the number of garages. A decision I find confusing at best, inexplicable at worst. Accepting this design would set a dangerous precedent that would mean that future out of compliance designs would be harder to turn down. If this goes forward, there is no way that the HPC can remain viable as a body that regulates infill building or serves as a gatekeeper. It undermines the years of established preservation, and essentially says that we —Stillwater— as a city no longer care. Paraphrasing the head of the HPC, Brian Larson, you can build any kind of house you like in any other part of Stillwater, but inside the preservation zone, there are rules to be followed. We are the birthplace of Minnesota. Once our heritage is lost, it is lost forever. Thank you for your consideration. Best, Kari 2 SUlIwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Notice: A Councilmember will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Barnes & Noble Booksellers, 5377 Tamiami Trail N in Naples, FL. AGENDA CITY COUNCIL MEETING March 7, 2023 WORKSHOP MEETING I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Sundance Stillwater Development 2. SAFER Grant Discussion 3. Mobile Food Units 4. City Code Revisions IV. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator — Information Technology Update 9. Library Director V. RECESS 4:30 P.M. REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 10. Proclamation - Colorectal Cancer Awareness Month X. OPEN FORUM — open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. 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. 11. February 21, 2023 Regular Meeting Minutes 12. Payment of Bills — available Tuesday 13. 2023 Parking Lot and Trail Improvements Approve Bids and Award Contract — Resolution 14. 2023 Street Improvement Project — Saw Cutting Contract Agreement 15. 2023-2025 Labor Agreement with AFSCME Council 5 Local 517 — Resolution 16. 2023-2025 Labor Agreement with MNPEA Managers Association — Resolution 17. 2023-2025 Compensation Adjustment for Nonrepresented Employees — Resolution 18. County Road 5 Phase 2 Project Award Contract — Resolution 19. Cruisin' on the Croix Car Show Event Contract Agreement 20. Enterprise Resource Planning Sofware Agreement 21. Hauler License for Allied Waste Services 22. Inflow and Infiltration Grant Program Agreement — Resolution 23. Lily Lake Pressure Reducing Valve Project Approve Bids and Award Contract — Resolution 24. MNDOT Limited Use Permit for Downtown Pedestrian Crosswalk — Resolution 25. Parks & Recreation Commission Appointment 26. Pioneer Park Restoration Project Grant Agreement 27. Short Term Home Rental License for 906 Maple St W 28. Stillwater Half Marathon Event Contract Agreement 29. Zoning Text Amending City Code Section 31-325 (Allowable Uses in Non -Residential Districts) and City Code Section 31-101 to Establish Appropriate Locations for Indoor Commercial Recreation Uses — Ordinance 2nd Reading XII. PUBLIC HEARINGS— when addressing Council please limit your comments to 10 minutes or less 30. Appeal of Heritage Preservation Contingent Design Approval for New Dwelling at 1824 1st St N (Rambacher Residence) — Resolution XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS — None XV. COUNCIL REQUEST ITEMS 31. Climate Action Plan XVI. ADJOURNMENT Page 2of2 City Council Meeting Agenda March 7, 2023 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: CD 2023-04 — Zoning Map Amendment: Sundance Stillwater (12100 Block of 80th St N at Intersection with Manning Avenue) BACKGROUND The City has received an Application from Timberland Partners for a Zoning Map Amendment to facilitate the development of a 187-unit townhome development at the southeast intersection of Manning Avenue and 80th St N (also connects to Boutwell Road N). As a Zoning Amendment, the City Council has a high degree of discretion; in other words, the City Council is not obligated to approve the Zoning Amendment. Potential implications of not approving the Zoning Amendment are outlined in latter sections of this report. Staff is seeking direction from the City Council on the following policy questions. 1. Given the level of discretion through the Zoning Amendment, is the City Council open to this project or does it feel that it is incompatible with the surrounding area? 2. If the City Council is open to the project, does the City Council desire to consider the Zoning Amendment in advance of the Plat/Subdivision, or is it the direction of the City Council to take these together? a. The Developer is requesting approval of the Zoning Amendment first for a higher degree of confidence of approval if they are to incur the cost of detailed plans and specs — the City Council is not obligated to grant this request Comprehensive Plan (future vision) The 2040 Comprehensive Plan guided these parcels as Medium Density Residential. This designation provides for a density of 6 to 14.5 units per acre. Typical uses include townhomes and small-scale apartment buildings. This designation is also used in areas of western Stillwater along Manning Avenue and for sites adjacent to existing medium density housing to provide sites for new townhomes (or housing types of similar styles and densities) as well as areas for affordable housing. From a high-level perspective, this proposed development helps advance these goals of this land use designation. Project Site Medium Density Residential Example The City is still in the process of implementing the Comprehensive Plan. A key piece of implementation is to update the City's Official Zoning Map (regulatory context) to be consistent with the 2040 Comprehensive Plan. That step has not yet occurred for this site, but has been in the plans for Community Development Staff. The process is accelerated due to the development proposal. While the Comprehensive Plan guides the City to rezone this property to a medium density residential district, it doesn't mean that the City has to choose this particular medium density district nor approve at this exact moment in response to a development proposal. Zoning (regulatory framework) Since the request is a Zoning Amendment, the City has broad discretion on how to handle this request. While the Comprehensive Plan clearly guides this area in anticipation of this style of development, the City could technically decline the Zoning Amendment and direct Staff to amend the Comprehensive Plan. Unlike a routine land use application that checks a proposal against the plain language of the Zoning Code, requiring that the City approve any project that meets all minimum requirements of the Zoning Code, the City is not obligated to move this request forward. Staff would not advise this approach, but is outlining the option for the Planning Commission. Project Review Comprehensive Plan Considerations The Comprehensive Plan allows a density range between 6 to 14.5 units/acre. The proposed project is 10.82 units/acre. Zoning Considerations In summary of the findings below, Staff believes the application of the CTHR: Cove Townhouse Residential District is appropriate in this application and is consistent with the 2040 Comprehensive Plan. This is the same district used directly adjacent to this site on the north side of 80th Street N. That said, there currently is no zoning district that perfectly matches the current proposal. The site is currently located in the AP: Agricultural Preserve District. A more detailed explanation is below. Additionally, the Developer may need to modify the current Sketch Plan to meet Zoning Code. For purposes of this review, it is helpful to see this project through the lens of a small- scale apartment (contemplated in the 2040 Comprehensive Plan) rather than a traditional townhome development (one lot per building). There will be one owner for the entire project, with rental units. In other local examples with this Developer (i.e. Sundance Woodbury), there is only one parcel/lot for the entire site, not one parcel per building. The reason there are multiple lots proposed for Sundance Stillwater is that the City of Stillwater requires Public Roads and does not permit Private Roads in this setting. The Planning Commission could discuss the mechanics of that and potential flexibility at future steps in the process. That said, Staff did run a hypothetical scenario the contemplated one lot per building to ensure that there weren't any clusters of inappropriate density/lot coverage of buildings. In this scenario, the overall project met the Minimum Lot Area per Unit of 3,000 square feet on average. There were four (4) hypothetical lots that were below this measurement (ranging from 2,722 square feet to 2,993 square feet). All of these could be solved with some simple line adjustment. Additionally, the size of the shared amenity space more than makes up for this hypothetical scenario. It should be noted that all District along County Road 15 (Manning Avenue) require a 100-foot setback from the Right -of -Way Line. The proposal is deficient in that requirement (proposed a 25-50-foot setback range). The Applicant will be seeking some relief from this requirement at future steps in the process (Zoning Text Amendment or Variance). If it is the direction of the City Council to package the Zoning Amendment with the Plat, it is important to note that there are conflicts with dimensional standards of any zoning district. The Developer will be seeking some sort of relief (City not obligated to provide) from the 100 foot setback required to the ROW for Manning Avenue some potential internal setback deviations (if they are required to plat the property as one lot per one building with public roads). As noted above, this product type does not completely fit any of our current Zoning District. For comparison, this Developer's product in Woodbury, MN simply platted as one (1) lot with private streets. This scenario could also be discussed. Another strategy to consider is the use of a Planned Unit Development (PUD). This process allows the City to approve flexibility in design standards in exchange for some equal public benefit (above and beyond minimum Zoning Code Requirements) in return. Next/Future Steps This is the first step in a multiple step process. However, it should be noted that with each step that is approved, additional entitlement (legal rights) is provided to the Development. Step Anticipated Timeframe Level of Entitlement Zoning Map Amendment Current Step Allows the Development to move to Preliminary Plat. Any Preliminary Plat that meets all of the requirements of the Zoning District must then be approved. Preliminary Plat Late Spring/Summer Approves layouts of streets, general dimensions, number of lots, etc. **Most significant level of entitlement provided for any development project.** Final Plat Fall/Early 2024 Approves Detailed Construction Plans and Legal Documents (limited - to -no material changes to development layout) Construction TBD RECOMMENDATION This is a fairly significant project. The City should not feel pressured to make a final recommendation at this time (although any decision to table would impact the Developer's Timeline, including current Purchase Agreements). This is an appropriate time to ask clarifying questions (and have Staff bring back answers at a future meeting). Given that this is a discretionary, policy -level decision, Staff needs further policy direction before it can formulate a recommendation on the underlying project itself. The primary question to consider at this time is generally as follows. • Knowing the level of discretion available at this time (Zoning Map Amendment, Current Step and 100 Foot Manning Avenue Setback Deviation), does the desire to get this project get to the finish line? o If yes, Staff will provide a more detailed process map moving forward o If no, the Applicant would likely stop project feasibility analysis and design ■ The City may need to review if there would be a need to Amend the 2040 Comprehensive Plan A reminder that with a Zoning Amendment, the City is not obligated to approve the request. That course of action will have other implications (inconsistency between the Comprehensive Plan and Zoning Code), but could be solved. Finally, while the Applicant is requesting approval of the Zoning Map Amendment prior to commencing design on the Preliminary and Final Plat in order to avoid significant costs ($100,000+) in the event the Zoning Map Amendment is not approved. That said, the City Council should provide direction as to the Council's desire to package all actions (Zoning Map Amendment + Preliminary Plat + Final Plat) be approved concurrently. If the City Council approves a Zoning Amendment in advance of a Plat, there is no guarantee that the current proposal moves forward and the underlying property has been granted additional entitlement to future projects. ALTERNATIVES A. Direct the Developer to continue to pursue the Application as presented. B. Direct the Developer to continue to pursue the Application but package the Zoning Amendment Application with the Plat/Subdivision Application. C. Indicate to the Developer that the proposal is inconsistent with the surrounding areas and that the City Council is likely inclined to not support the Zoning Amendment. YWOE AY% CO:LAW:11 .Art``/ � nd.:.�rn ,f Aw LNTriu.t LOT2 BLOCK'S L � � BLOCK 1 LOT 1 1 SLOC%] _ + ZS. MLA* e + r t t r w >p i ' 1 '{L % a\IPV,i` .,(/l\ .f. 1 ` T + + + •M` — { i' T / + + + /I,' + + + +1 !;i'^ t. x 'S� $ YEuM e8 d+ • T r , r/! • --��_ / + + + 4 + �-',`'UTLd0. r• 13. �`+ + — —` + 7,+ T+ + .I \ + + + . z + + + , - ag,.. tSi. V, i + + + + + + + ±+ + I 1 wn amwx L illwater The Birthplace of Minnesota Site Location Sundance Stillwater Corner of Manning Ave N and Boutwell Rd N SUNDANCE STILLWATER REZONING AMENDMENT APPLICATION SUBMITTAL NARRATIVE STILLWATER, MINNESOTA January 25, 2023 Timberland Partners proposes to construct 187 townhome-style apartments on approximately 24.27 acres located at 12055, 12121, 12211 80th Street North and 7865 Manning Avenue. Branded as Sundance Stillwater, the project will include 100% market rate rentals, with no public assistance requested from the City of Stillwater. The four (4) parcels that make up the site area are currently zoned Agricultural Preservation (AP). We are requesting the subject property be rezoned to Townhouse Residential, Medium Density Residential, or High Density Residential as appropriate to match the accompanying sketch plan. The density request is for approximately 10.9 units per acre which is consistent with the city's Future Land Use Plan which guides all four parcels Medium Density Residential (MDR). At an approximate density of 10.9 units per acre we are well below the density allowed under MDR zoning. Sundance will contain seventeen (17) two-story buildings, each containing 8-14 flats, or dwelling units. The project will be constructed as one cohesive development through connectivity and shared amenities including a 5,000+ square foot clubhouse which will include a full kitchen, community room, game lounge, and fitness center. It will also contain offices for our award -winning on -site management team. Connected to the clubhouse will be a large outdoor pool with an outdoor kitchen, including grilling stations, and a fire pit. Site amenities will also include natural wetland buffers, ample green space, and a dog run and dog spa. Sundance will include a mix of one-, two-, and three -bedroom units. All units will have direct access entries and almost all will have at least one dedicated attached garage space. There are no common corridors or common entries associated with any of the units allowing our residents increased privacy and sense of safety. The development will be constructed using quality exterior materials including stone, fiber -cement siding and glass. Interior finishes will include granite or quartz countertops, hard -surface flooring, and quality lighting and plumbing fixtures. Sundance Stillwater will be developed, owned, and managed by Timberland Partners. Timberland currently owns and manages over 20,000 apartment homes located in 18 states. We build with the intent of owning long term, rarely selling properties. We intend to be part of the City of Stillwater and the surrounding community for a long time. Timberland does not provide any third -party management services, managing only what we own and focusing on providing a safe, clean, and quality living experience for our residents. Our on -site management team will include a community manager, assistant community manager, leasing agent, maintenance supervisor and maintenance tech. If approved, Timberland hopes to start construction on Sundance Stillwater in late 2023 or early 2024. MT 7 .96 - i 41.00 z 0 opoweil ?2, - 1 - -"OM! 80TH STREET NORTH 44, r / 50'WETLAND SET BUILDING 12 8 UNITS BUILDING 13 12 UNITS • BUILDING 14 12 UNITS =OLE' BUILDING 17 12 UNITS • co m n 0 co m r �z� _ DOG PARK f • 5 'NM BUILDING 3 12 UNITS [1Ji _aj [i • 0 -441 • TIVBF-RLAND PARTNE SUNDANCE STILLWATER, MN SITE PLAN ALLIANT 2/6/2023 0 30 60 ■ SCALE IN 120 FEET 7D 0 0 03 O N WITNESS MON. MANNING AVE. DEDICATION 0 30 N 60 OU U W 0u O rn N OU OU w \ r N < — o 0 B11 LTNH3 \ L1- 1 O PO U w v) \ z 1- I° z w , r, 1- 0 z I� 120 SCALE IN FEET OU 1M F25' (SIDE SETBACK -- T- - _ T H=9 4.254 I I 11\ f=-50' WETLAND SETBA -H P \ > J2�5' WETLAND A II BUFFER a 1— L ly O Q 0 , =a I W _ _ M z 0 OU EDGE 0 -DELIN AT D \ OU BUILDING 9 12 UNI FN15 IRON POSSIBLE WETLAND BASED ON FINDING OF NORTH PARCEL OU OU ,.I EMERGENCY ACCESSII (LIMITED ACCESS) _ou 50 ou ou ou rn1 nu CENTERLINE OF BOUTWELL RD N /AKA OLD CO HWY 12 N89°13'03"W (REC.) IN1V=9074 N88°22'0E" IA/ °AA Tn 20 FRONT SETBACK \\ 1014 re aJ ..Air AVM% �iii siiii i%iime iiAi►' DRI FP -M /(..) 1 / I / I • 80TH STREET NORTH AS ,- ' — "" IT AND TRAVELED 67300) AERIAL BUILDING 6 8 UNITS BUILDING 10 12 UNITS 20' FRONT SETBACK BUILDING 12 8 UNITS OT 1 OCK 3 BUILDING 17 12 UNITS n I\ I \ I\ I I / /7 OF PROP. LINE BUILDING 5 12 UNITS BUILDING 11 11 UNITS HAIN LINK ENCE WOODE FENCE INS OF HI 1/4 0 THE 1/4 SES. 3u 121121 8H S 20003 0 CLUBHOUSE STORMWATER PONDING 1,000 SF (2.5%) OUTLOT B X X X—X W z STORMWATER PONDING 36,171 SF (8.9%) 25' REAR SETBACK OUTLOT A DOG PARK BUILDING 15 12 UNITS -1.0 FT N OF PROP. SHED/GUEST HOUSE h\PR7iA7-11CC)M arm AC"..-„, ---- ABERCROMBIE LN MAIN ENTRANCE- 1 - I \ 1 OU OU OU OU 1 "\ \r \I \I " 1 1111 \ I OTH STREET NORTI+80TH =GREET ALKi ,STREET N. R.O.W DEDICATION 67299) I cI r 12" WM � __Zetrv."Alir_/// rrirA�I�%rAwmrmolr�—s— "'� �iFI�I�r�� Aar. 17 BUILDING 1 8 UNITS VESTIBULE ENCROACHMENT INTO SETBACK LOT 2 BLOCK 5 LOT 1 BLOCK 5 BUILDING 16 12 UNITS MAINTENANCE PARCE' 12211 80" F VEGET,y TIC UII E• /HIGH WfjEDS/ 50' WETLAND SETBACK 25' WETLAND BUFFER WETLAND PER CITY SURFACE WTAER AND ENVIRONMENTAL OVERLAY DIST. MAP RIM=907.8J INV W=902.49 INV N=903.64 1Nv E=902.29 T-POST PROP. BUILDING 2 12 UNITS BLOCK 1 BUILDING 3 12 UNITS WET LAND 50' WETLAND SETBACK / 25' WETLAND BUFFER ,509.74(,'9.72 REC.) 15" STM G >> G N FENCE POST ON - --PROP. LINE, 0.2 \FT S OF T-POST 25' SIDE SETBACK cn w W EdN _-10 C`DN < �O �ON C11- _5' CHAIN LINK FENCE SHED ✓ w z �z =< 00 CO ,nz ON 00 a oM cn oN� -w DZ o� aao RLS 9232 Lo CV o CV° 063 0 I1) U W cn z H w 0 z w 1- 0 z J W z il _ 0 0 H) CO 0 LI- N N O 010> N re 0 N U ow00 ' 0 0" • Z 00 Q 0 G SITE DATA: EXISTING ZONING = AGRICULTURAL PRESERVATION (AP) PROPOSED ZONING = LOT AREAS: GROSS AREA 80TH STREET NORTH DEDICATION MANNING AVE. DEDICATION WETLAND* = 24.28 AC = .72 AC = 1.12 AC = 5.24 AC NET DEVELOPABLE *INCLUDES 25' WETLAND BUFFER UNIT COUNT: TOTAL UNITS NET DENSITY** = 17.20 AC = 187 UNITS = 10.87 UNITS/ACRE **EXCLUDES R.O.W DEDICATION AND WETLANDS PUBLIC ROADS: PUBLIC R.O.W = 2,923.50 LF PRIMARY STRUCTURE SETBACK: FRONT YARD: SIDE YARD: REAR YARD: MINIMUM SEPARATION BETWEEN UNITS: ROAD DIMENSIONS PUBLIC ROAD WIDTH: PRIVATE DRIVE WIDTH: RESIDENTIAL LOT DATA = 20' = 25' = 25' = 35' = 26' (50' R.O.W) = 20' PARCEL LAND AREA (SF) LAND AREA (AC) RESIDENTIAL UN ITS GROSS FLOOR AREA (SF) FLOOR AREA RATIO (FAR) BLOCK 1, LOT 'TOTALS 88,397.92 2.03 32 49,261 0.56 Building 1 S 16,221 Building2 12 16,520 Building3 12 16,520 BLOCK 2, LOT 1TOTALS 169,826.84 3.90 64 98,522 0.5B Building4 12 16,520 Building5 12 16,520 Building 8 16,221 Building7 12 16,520 Building8 8 16,221 Building9 12 16,520 BLOCK 3, LOT 1TOTALS 53,407.74 1.23 23 34,540 0.65 Building 10 12 16,520 Building 11 11 18,020 BLOCK 4, LOT 1TOTALS 108,322.57 2.49 44 65,781 0.61 Building 12 8 16,221 Building 13 12 16,520 Building 14 12 16,520 Building 17 12 16,520 BLOCK 5, LOT 'TOTALS 51,414.14 1.18 24 33,040 0.64 Building 15 12 16,520 Building 16 12 16,520 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com LLWATER SUNDANCE ST MINNESOTA SKETCH PLAN I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed PROFESSIONINGINE is1/41:::(\( the law ss� e to o M�CJrA QUALITY ASSURANCE/CONTROL 01/25/23 SKETCH PLAN PROJECT TEAM DATA DESIGNED: DRAWN: PROJECT NO: MK JG 221-0039 SUNDANCE STILLWAT rty k \ 1 R Gross Square Footage Building Site Count Level 1 Level 2 Building Total Gross Area Total Gross Building Areas 8-Unit Building (8A) 4 8,276ft2 7,992ft2 16,268ft2 65,072ft2 11-Unit Building (11A) 1 9,218ft2 8,844ft2 18,062ft2 18,062ft2 12-Unit Building (12A) 12 8,468ft2 8,096ft2 16,564ft2 198,768ft2 Clubhouse 1 5,120ft2 - 5,120ft2 5,120ft2 Maintenance 1 786ft2 - 786ft2 786ft2 x Grand Total 19 287,808ft2 Residential Unit Mix - 12-Unit Building (12A) Name Count Unit Gross Square Footage Net Rentable Square Garage Net Footage Total Total Net Area Rooms Unit Type Main Floor Stairs Garage Area Total Unit Area Total Area Main Floor Stairs Bed Bath Level 1 Unit Al -Garage 1 4 797 ft2 0 ft2 381 ft2 1,178 ft2 4,712 ft2 740 ft2 0 ft2 0 ft2 740 ft2 2,960 ft2 1 1 Type B Level 2 Unit A2 -Garage 1 4 808 ft2 96 ft2 412 ft2 1,316 ft2 5,263 ft2 753 ft2 83 ft2 0 ft2 836 ft2 3,344 ft2 1 1 - Unit B2 -Garage 2 4 1,216 ft2 113 ft2 318 ft2 1,647 ft2 6,588 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 4,936 ft2 2 2 - Grand total 12 16,563 ft2 11,240 ft2 Residential Unit Mix - 8-Unit Building (8A) Name Count Unit Gross Square Footage Net Rentable Square Footage Rooms Unit Type Main Floor Stairs Garage Area Total Unit Area Total Area Main Floor Stairs Garage Net Total Total Net Area Bed Bath Level 1 Unit Cl 2 1,546 ft2 0 ft2 771 ft2 2,317 ft2 4,634 ft2 1,469 ft2 0 ft2 0 ft2 1,469 ft2 2,938 ft2 3 2 Type B Level 2 Unit B2 -Garage 1 2 1,216 ft2 135 ft2 379 ft2 1,730 ft2 3,460 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 2,468 ft2 2 2 - Unit B2 -Garage 2 2 1,216 ft2 113 ft2 318 ft2 1,647 ft2 3,294 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 2,468 ft2 2 2 - Unit C2 2 1,564 ft2 128 ft2 748 ft2 2,440 ft2 4,881 ft2 1,486 ft2 87 ft2 0 ft2 1,573 ft2 3,146 ft2 3 2 - Grand total 8 16,269 ft2 11,020 ft2 Residential Unit Mix - 11-Unit Building w/ Type A (11A) Name Count Unit Gross Square Footage Rentable Square Footage Rooms Unit Type Main Floor Stairs Garage Area Total Unit Area Total Area Main Floor Stairs Garage Net Total Total Net Area Bed Bath Level 1 Unit Al -Garage 1 1 797 ft2 0 ft2 381 ft2 1,178 ft2 1,178 ft2 740 ft2 0 ft2 0 ft2 740 ft2 740 ft2 1 1 Type B Unit B3 1 1,134 ft2 0 ft2 419 ft2 1,553 ft2 1,553 ft2 1,070 ft2 0 ft2 0 ft2 1,070 ft2 1,070 ft2 2 2 Type B Unit B5 - Type A 1 1,098 ft2 0 ft2 723 ft2 1,821 ft2 1,821 ft2 1,035 ft2 0 ft2 0 ft2 1,035 ft2 1,035 ft2 2 2 Type A Level 2 Unit A2 -Garage 1 1 808 ft2 96 ft2 412 ft2 1,316 ft2 1,316 ft2 753 ft2 83 ft2 0 ft2 836 ft2 836 ft2 1 1 - Unit A2 -Stairs 2 1 808 ft2 132 ft2 412 ft2 1,352 ft2 1,352 ft2 753 ft2 83 ft2 0 ft2 836 ft2 836 ft2 1 1 - Unit B2 -Garage 1 1 1,216 ft2 135 ft2 379 ft2 1,730 ft2 1,730 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 1,234 ft2 2 2 - Unit B2 -Garage 2 2 1,216 ft2 113 ft2 318 ft2 1,647 ft2 3,294 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 2,468 ft2 2 2 - Unit B2 -Garage 3 1 1,216 ft2 135 ft2 716 ft2 2,067 ft2 2,067 ft2 1,148 ft2 86 ft2 0 ft2 1,234 ft2 1,234 ft2 2 2 - Unit B4 -Garage 1 1 1,182 ft2 95 ft2 412 ft2 1,689 ft2 1,689 ft2 1,119 ft2 88 ft2 0 ft2 1,207 ft2 1,207 ft2 2 2 - Unit B4 -Garage 2 1 1,182 ft2 132 ft2 748 ft2 2,062 ft2 2,062 ft2 1,119 ft2 88 ft2 0 ft2 1,207 ft2 1,207 ft2 2 2 - Grand total 11 18,062 ft2 11,867 ft2 Timberland Partners Cover Sheet Sundance i wa er Stillwater, MN DECORATIVE LOUVER DECORATIVE WOOD TRUSS —• —•--- - 1MMEEMMEMMMEMimmmEmmEN MMEMMMMMI _= f— Z 0 0 0 0 1 III III III III III III III III II1III III III III 2 8-Unit Building - Back Elevation 3/16" = 1'-0" DECORATIVE LOUVER • I■I■I■I.I■I■ III III III 111 111 II ---------NM ME EM EMMEEMMEMMME - `UM ME EM ME EM ME EM NommEmmEm mm ' NM MEEMMEMM ME NM ME J I I I I 101. u II■ AdE LAP SIDING: WHITE —-------------- -------------mmommmommmommmommmommmommmi NmEmmEmmEmmEmmEmmEmmENI NmEmmEmmEmmEmmmEmmEmmi NmEmmmEmmmEmmmEmmmmEmmi - I I • it Truss Br 119'-9" RMEEMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEMMEMME EMMEEMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEN "111•••••••••••••••••••••• ----------------------- IMMEEMMEMMEMMEMMEMMEM --------------------- II ---------------- --- gi=" I I ammEmmE immEmmEN J III III III III III III III III III III III I1,_ 1II III III III III III III III I I II I II I II I IIII III III III III III III III I I III -1 1 1 III III - III III III III III III III LAP SIDING: GRAY Level 2 Ai 11 0'-7 7/8" I III III 11111= III III IIr111 11111 111 III ill III III III III III III III III III Illl Illlfl Iliirlll III III III 1_11 III III III III III 111 III III 11I III III III III III III III III III III III III 'III III •IIIIII III III III III III 8-Unit Building - Side Elevation 1 3/16" = 1'-0" 0 8-Unit Building - Front Elevation 3/16" = 1'-0" DECORATIVE WOOD Level 1 alk 100'-0" DECORATIVE LOUVER N r- N As IIII III III II I III III I IlerIllIMPIMPIMPF — �Z.===========;. M=MTT_r'RT_ BOARD AND BATTEN SIDING Truss Br 119'-9" LAP SIDING: GRAY _ Level 2 abk 110'-7 7/8" DECORATIVE EXTERIOR LIGHTING LAP SIDING: WHITE Level 1 100'-0" 111 III III III III III III III = III III III III III III 111mF11 III III 111w111 III- III III III III III III III - III III I I f I I I I I I I I I I I I 8-Unit Building - Side Elevation 2 3/16" = 1'-0" DECORATIVE WOOD TRUSS ——_------------------------- EMmEEMmEMMmEMMmEMMmEMMmEMMmEMMmEMMmEMMmEMMmEMMmEMM NM ME NM ME NM ME NM ME NM ME EMMEEMMENEMMEMMEEMMENEMMEMMEMMEm ----------------------- ---------------------- II1111 111111I11111I11111II 1 Timberland Partners BOARD AND BATTEN SIDING Truss Brg. 119'-9" LAP SIDING: GRAY Level 2 Ak 110'-7 7/8" DECORATIVE EXTERIOR LIGHTING LAP SIDING: WHITE Level 1 100'-0" Truss Br 119'-9" Level 2 11 0'-7 7/8" Level 1 100'-0" 8-Unit Building - Exteriors DECORATIVE LOUVER DECORATIVE WOOD TRUSS 9 CV M 1- 0 w W 0 0 2 11-Unit Building - Back Elevation 3/16" = 1'-0" r IF4111111111111111 TOIMMEMMEM NIMMEMMEM IMMOtMEMMINIMMEMMEMMEIr III III III 11-Unit Building - Side Elevation 1 3/16" 1 0 III III III DECORATIVE LOUVER III Ell III 9 CV M Eleunm[esh IIIII IIIII Il 1 I� 1- Z_ O a 0 0 0. 11-Unit Building - Front Elevation III III III pin r III III III LAP SIDING: WHITE RS EIS MMMMMMMMMMMMMM Ad 1 L DECORATIVE LOUVER truss Br 119'-9" LAP SIDING: GRAY Level 2 AL 10'-7 7/8" DECORATIVE WOOD Level 1 Ai 100'-0" ■ 1111111 1i� f 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 E In .■ ... Inaum mumII1 1 111111111 ••1 I l fi rir.11-- i -= A VI.Ie11:l 1[eL':1 I I I I I I 11-Unit Building - Side Elevation 2 3/16" = 1'-0" I I I I I I I I I DECORATIVE WOOD TRUSS III III IIIIIIIIIIIIIIII III ------------------------ I 1 1 III III III III III III IJ IJ IJ IJ IJ IJ IJ IJ IJ IJ IJ IJ MOMAM MMMMMMI =IirMEEM --�- MEMMEMMEMMEMMEMMEMMEMMEMME MMEMMEMMENI MMEMMEMMEMME MMEMMEMMEMMEMMEMMEMMEMMEM MMEMMEMMEMMEMMEMMEMMEMMEMMEMMEMMEMMEN MEMMEMMEEMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEMMMEMM • alralrand 1N I IIII I III III III III III III III III III III III 111111111111111111111 III III III 11 III III III III _ 1I I I ! IIII I II II II II II II II II II II II II II II II III II II III BOARD AND BATTEN SIDING Truss Br 119'-9" LAP SIDING: GRAY _ Level 2 110'-7 7/8" DECORATIVE EXTERIOR LIGHTING LAP SIDING: WHITE Level 1 100'-0" -r; III I I I III BOARD AND BATTEN SIDING Truss Br . 119'-9" LAP SIDING: GRAY Level 2 AIL 110'-7 7/8" DECORATIVE EXTERIOR LIGHTING III III LAP SIDING: WHITE Level 1 1 00'-0" 3/16" = 1'-0" Timberland Partners III III III [ [ 1 Truss Brg. Ai 119'-9" Level 2 110'-7 7/8" Level 1 1 00'-0" 1 1 -Unit Building - Exteriors 9 CV M :1I1Zel11Eelai (9 N Fri —III 12-Unit Building - Back Elevation 3/16" = 1'-0" DECORATIVE LOUVER w w-----------iiii—"----i-------Kure.«isuuminx�ur�azwrrask1•:uKarrrazirxiii•:,xu4.iw a`-: -".._. --- .y •+rr-----iri1 .—i—i—i—iiii!'—i—i—i—i—wwwwwwwwwiwwawwwiiw� � wwmmw�w� mm� ---iiii—� !—l---l—lam 1������I ��������������������qi!—l—�+.. ..- ...imd-..-.. III -III III III 17 III III III III III M =i =MS MS w�wZ. MZEM . MSEM MM 1 iri-IrgI117-111 III III 111 111 111 -777 III III III III III III IIf Ili i.7r DECORATIVE LOUVER II III III Ill IIIIIIIIIII� III III III LAP SIDING: WHITE 411111111 ':'y-----------iiii-- 7w—w—w—w—w—w—w—wr w—l—l—l—l—l—l—lN. M----------iiii—. i—r--r--r--r--r--r--r--rr `MMEMMEMMEMMEMMMEMMMEMMMEMMW.. a r' r 7r1 1 1 1 -717- 1 1-1 1 1 1 III III I I III III III III III III III III O12-Unit Building- Side Elevation 1 3/16" = 1'-0" MEMMEMMEMMEMMEMMEMMEMMEMMEMMEMM ------------------------ MENEMMEMMEMEMMEMMEMM w—w—w—w—w—w—w—w—w—w—wMMENEI ------------------iiii—r 9 CV M IDIe 1:l4[e1::i 12-Unit Building - Front Elevation 3/16" = 1'-0 III III DECORATIVE LOUVER III III III III III III III III III DECORATIVE WOOD TRUSS w—w—w—w—w—w—w—w—w—w—w—w—r iiii EMMEN.MMEMMEN.MMEMMEMMEMMEMMEMMEMMEMMEMM ---,1MM=ME=mMEMMEMMMEMMEMMMEMMEMMEMMEMMEMMEMMEMMEMMEME iii w—w—wiiii—wiiii—wiiii—w ii —w—w—w—w—w—w—w—w—w—w—w— _7w_—_w_—_w_—_w_—_w_—_w_—_w_—_w_—_w_—_w_—_w_—ME -----------------iiii—IMMENEMENEMENEMENEMENEMENEMENEMENEMENEMENEMENEME - III III II I I IIII Truss Brg. 119'-9" LAP SIDING: GRAY Level 2 110'-7 7/8" Pr - DECORATIVE WOOD Level 1 100'-0" II III III III III III III III --Arm — . -� 'CM — --- _ =— wi E..i.C?= m 111111111111111111111111111111 MMMMMMM — S 5�=MMMMMEVMS ===__________________— 9 CV M 717e71:1a[e1i 12-Unit Building - Side Elevation 2 - BOARD AND BATTEN SIDING Truss Br 119'-9" LAP SIDING: GRAY Level 2 110'-7 7/8" DECORATIVE EXTERIOR LIGHTING LAP SIDING: WHITE Level 1 100'-0" iii-iiii-CC \r —wiiii— ,IMMEMMEMME INEMMEMMENN IMMEMIMEMMEMIN 3/16" = 1'-0" DECORATIVE WOOD TRUSS III III III II III III III III III 111 III III III III III III III maMMEMMEMMEMMEMMEMMEMMEMMEMMEMMEMMEMMEN -------------------------- ------------------------ MINIMEMMEMMEMMEMMEMMEME ------------------------ yiMI—w—w—w—w—w—w—w—w—w—w—w—wN ---r------------------------ —l—l—l—l—l—l—l—l—l—l—l—w XIMMEMMEMMEMMEMMEMMEMMEMMEMMEMMEMMEN —w—w—w—w—w—w—w—w—w—w—w— 7—l—l—l—l—l—l—l—l—l—l—lN -IMMEMMEMMI_____ —w—w—w—w—w—w—w—w— III III III III III - BOARD AND BATTEN SIDING Truss Brg. 119'-9" LAP SIDING: GRAY Level 2 oik 110'-7 7/8" DECORATIVE EXTERIOR LIGHTING LAP SIDING: WHITE Level 1 - 100'-0" Truss Br 119'-9" Level 2 110'-7 7/8" Level 1 1 00'-0" kaas wilson t Timberland Partners I, 12-Unit Building - Exteriors 411"ghlir iliwater THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Stuart W. Glaser, Fire Chief SOP SUBJECT: Staffing for Adequate Fire and Emergency Response (SAFER) Grant BACKGROUND The U.S. Department of Homeland Security, Office of Domestic Preparedness is in the process of accepting applications for the Staffing for Adequate Fire and Emergency Response (SAFER) Grants. The purpose of this program is to award funding directly to fire agencies to hire additional firefighters to provide 24-hour staffing and enhance the department's ability to meet minimum staff response standards. The 2022 SAFER Grant is a 36-month performance period to hire firefighters. Details of the grant include, but are not limited to: 1. No local matching fund requirements — 100% grant funded 2. No ongoing commitment upon grant duration period 3. Grant award dates are estimated to occur starting June 2023 and ending September 2023. 4. Performance period would commence on date of award and continue for 36 months 5. The application deadline is Friday, March 17. As you know, the recent study conducted by Fitch & Associates outlines a staffing plan designed to meet minimum 24-hour staffing standards. In addition, the Council accepted the study and was recently presented the Department's workplan designed to work on meeting the study's recommendations. Attached is an estimate of the potential grant dollars potentially available based on how many personnel are requested. RECOMMENDATION Authorize the Department to apply for the 2022 SAFER Grant. ACTION REQUESTED Council approval to proceed with the grant application process and provide direction on how many positions Council would like the grant application to include. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION APPROVING STILLWATER FIRE DEPARTMENT APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT TO HIRE ADDITIONAL FIREFIGHTER PERSONNEL WHEREAS, the City of Stillwater Fire Department provides services to the City of Stillwater and surrounding communities, including Stillwater Township, City of Grant, and May Township, covering an area of 53 square miles and serving a population of 28,000; and WHEREAS, current Stillwater Fire Department firefighter staffing level provides for 2-3 on -duty firefighters on a 24/7 schedule and additional firefighter staffing would provide for a more optimum fully staffed fire engine crew 24/7 to better serve Stillwater and surrounding communities for emergency response and fire/fire-related hazards; and WHEREAS,the FEMA SAFER grant will fund a firefighter position that will allow the Stillwater Fire Department to provide a fully staffed fire engine crew on a 24/7 schedule versus the current staffing levels of 2-3 firefighters on duty in order to better respond to emergencies and provide Stillwater and the surrounding communities served by the Fire Department with adequate protection from fire and fire -related hazards; and WHEREAS,the FEMA SAFER grant provides firefighter funding for a three year period and does not require a city cost share or a maintenance of effort commitment beyond the SAFER Program end date. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota hereby approves the Stillwater Fire Department application for the FEMA SAFER grant to hire additional firefighter personnel for a three year period; and BE IT FURTHER RESOLVED,that the City Council of the City of Stillwater also agrees to the terms of implementation and administration of the SAFER grant if awarded and authorizes the Mayor of the City of Stillwater to sign all necessary documents for the SAFER grant application on behalf of the City of Stillwater. Adopted by the Stillwater City Council this 7th day of March 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Financial Impact If grant funds are pursued, it is recommended that the City incrementally raise the levy over the three-year grant period to minimize the impact in year four. Below is a chart that illustrates the annual levy increase for various numbers of fire fighters. Also, the funds raised annually could be utilized for a number of working capital needs (studies, operational costs not accounted for, and capital items). Some examples of the interim use of funds raised by the levy over the three-year period are below. Number of FFs L 2024 2025 Budget Budget increase increase 2026 Budget increase Annual r Cost (after 3 ears Approximate Annual Levy Each year for thraa vaarc 2 $80,345 $80,345 $80,345 $241,036 0.67% 3 $120,518 $120,518 $120,518 $361,555 1% 4 $160,691 $160,691 $160,691 $482,073 1.33% 6 $241,036 $241,036 $241,036 $723,109 2% *NOTE: 2023 Budget — 1 % = $120,000 (Approximate Annual Levy % above will likely be slightly less than noted) Potential Working Capital Utilization (use of funds until dollars are directed to FFs Salaries in year 4) Arctic Wolf - $90,000 annually Park Fund Balance - $60,000 Organizational Staffing study $40,000 Facility Improvements a number of items Capital Purchasing a large number of items in CIP Staff Add two peak demand career staff as funding is available weekday/daytime to increase M-F daytime staffing to four Monitor paid -on -call turnout • Add additional career staff as turnout decreases and funding is available • Second two staff could help cover 100+ hours per week with four career staff • Addition two staff would get the department to four career staff 24/7 Continue to encourage POC staff to work shifts with career staff liwater Hr eim rHo_A or +uir+raeSO!A DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Mobile Food Units BACKGROUND In late 2022, the Heritage Preservation Commission directed Staff to bring forward a discussion topic to review regulations pertaining to Mobile Food Units (Food Trucks) in the Central Business District (and surrounding Neighborhood Conservation District). The Heritage Preservation Commission is interested in better understanding how more permanent installations of Mobile Food Units (and supporting equipment such as seating, tanks, etc.) remain consistent with the Stillwater Design Guidelines and compliment existing brick and mortar buildings. Currently, these units are subject to the Stillwater Design Guidelines and are subject to Heritage Preservation Commission Approval if they remain on a site for more than 20 Hours. These extended time periods (and semi- permanent installations) require the issuance of either an Interim Use Permit or Conditional Use Permit issued by the Planning Commission as well. Further note — this policy direction pertains to private property. The City Council's general policy is not to allow mobile food units on public property, unless associated and part of a larger event approved by a Event Permit. There are approximately 16-19 private properties in the Central Business District that this would impact. RECOMMENDATION The Heritage Preservation Commission met on February 15, 2023 to provide high-level policy direction. While there is a slight preference to not allowing mobile food units to be stored overnight and require that they be removed from the site when not in use, the Heritage Preservation Commission did not that, at minimum, there should be some seasonal limitation or limit on the number of days per year that a mobile food unit should be stored overnight. The Planning Commission will also review at their March Meeting. However, given the increase of requests in advance of the summer season, Staff desired to review with the City Council before Spring. BROAD POLICY DIRECTION/QUESTIONS • Does the City desire to prohibit the overnight storage of mobile food units? • Does the City desire to limit the number of days per year a mobile food unit can be placed or stored overnight? • Does the City desire to put some sort of seasonal limitation on the allowance for mobile food units? I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: City Code Revisions BACKGROUND The City Clerk and I have been meeting with the department managers over the last several months to revise the entire City Code (with the exception of the Subdivision Regulations and the Zoning Ordinance, which will be revised later). In general terms, we have reorganized the Code, provided uniform formatting, terminology, updated statutory references, removed provisions that are no longer necessary, but even more exciting, we are introducing new ordinances to better serve the City. We will be bringing forward several of the more notable new sections to you over the next few months to provide an explanation and to solicit feedback and direction from the Council to make sure we are aligned with the Council's intent. For the workshop on March 7, we will be discussing portions of Ch. 2 (Administration) and Ch. 6 (Business). DISCUSSION Chapter 2 — Administration We updated the rural and urban taxing district section. The City is divided into Urban and Rural Service districts for taxation purposes. The rural service district includes all land within the City or land that is later annexed to the City but is not currently developed for commercial, industrial or urban residential purposes and therefore is not benefited to the same degree as other lands by municipal services financed by general taxes. (All properties classified and assessed as agricultural are included within this rural service district classification.) Rural taxing districts pay 80°/0 of the urban service district rate. There was some confusion in the ordinance as to when properties were transferred from rural to urban, so we clarified it based on the statutory language. Here is the new explanation: Development of land and transfer of parcels from rural service district to Urban Service District. Properties within the Rural Service District shall be transferred to the Urban Service District by City Council Resolution whenever one of the following occurs: a. Any parcel of land is platted in whole or in part, or b. An application is made for a permit for the construction of a commercial, industrial, or urban residential building, or c. An application is made for a permit for the improvement of a building that would result in the building changing the use to commercial, industrial, or urban residential in nature, or d. Such construction or improvement in (2) or (3) is commenced without a permit. In addition, when the City annexed the property from Stillwater Township in 1996 pursuant to the Orderly Annexation Agreement, there were two rural service districts created from the annexation area — those that did not have municipal services who were taxed at 75% of the urban rate (District A), and those that did have municipal services but that the City wanted to ease into the City's urban rate over a period of 5 years (District B). District B properties were initially taxed at 50% of the urban rate, but over a period of 5 years, were increased by 10% each year so that now they are taxed at 100% the urban rate. Below is the new proposed language that explains the current taxing status of Districts A and B: Rates in Orderly Annexation Rural Service District A. Orderly Annexation Rural Service District A includes any parcel of land that was annexed pursuant to the Orderly Annexation Agreement that did not request annexation and is not connected to municipal sewer or water services. The rate for Orderly Annexation Rural Service District A is 75% of the rate in effect for the Urban Service District of the City. Rates in Orderly Annexation Rural Service District B. Orderly Annexation Rural Service District B includes any parcel of land that was annexed pursuant to the Orderly Annexation Agreement that did not requested annexation and is connected to municipal sewer or water services. The rate for Orderly Annexation Rural Service District B is the same as the rate in effect for the Urban Service District of the City. Below is a map of the area that was annexed. Orderly_ Annexation Area 2 As of 2015, all of the area has been annexed into the City. Chapter 6 — Businesses General Licensing: We prepared a new general licensing section to have one central location where all business license applicants can look to find the application process. There are uniform provisions to explain insurance coverages, license fees, refunds, and prorated fees for liquor and pawnbrokers, the non -transferability of licenses from person to person or place to place, and the requirement that license inspections may be conducted by appropriate City officials, if needed. In addition, there is a section explaining the process for denial, suspension or revocation of licensing, providing a due process hearing before the Council. We are also introducing a new "provisional license" which is a license with conditions. A "provisional license" is for those businesses that have had some issues that need to be addressed, but that the Council would like to see succeed. The conditions may include a mitigation plan that address specific business violations (i.e. disorderly conduct or noise complaints) and although the license is approved, the Council can add special conditions such as reduced hours of operation, on -site security or other restrictions to protect the public health, safety and welfare for the particular license. Administrative approval: We are allowing a few licenses to be approved administratively by the City Clerk, such as peddlers, seasonal food vendors, buskers (more information below), motion picture production, renewals of Short -Term Home Rentals, and sales of fireworks. Until now, all licenses had to be approved by the Council. Administrative approval will speed up the process for those business licenses that comply with performance standards and require no subjective analysis. If the City Clerk has any concerns surrounding the administrative approval of any license, these licenses can always be forwarded to the Council for official action. The following licenses were removed because they do not need City oversight: Tow companies, Tree Trimming, Sandblasting, Landscaping, Fence installers, but we added a license for solar panel installers. There were also random licenses that were found throughout the Code that were all moved to this Business section (Adult Use, Solid Waste Haulers, Fireworks). Liquor Penalties: The liquor penalty section was revised to mirror the statutory penalty language (Minn. Stat. §240A.415): "The authority issuing a retail license or permit ... may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions." However, we are keeping the minimum penalty in the fee schedule as follows: Alcohol Violations *Look back period for multiple offenses is no more than 5 years Sale of alcoholic beverages to underage person as part of compliance check 1st Offense 2nd Offense 3rd Offense* 4th Offense $500 $750 + 3 day $1,000 + 9 day Revocation Suspension Suspension 3 While the Council can still choose to apply the penalties as stated in the fee schedule, this new statutory language will provide the Council with flexibility to impose up to the maximum authorized in state law for compliance check failures. In addition to compliance check penalty flexibility, we are recommending the introduction of a new penalty grid in the fee schedule for liquor violations outside of the compliance check failures. This penalty grid, which would also be included in the fee schedule, allows for the Council to take into account relevant factors so that the Council can impose a penalty that fits the severity and frequency of the violations. Alcohol -related Civil Penalties Grid Level 3 — HFLS Level 4 — HFHS or 3 or More Aggravating Factors $500-1,000 fine And/or 5-10 day suspension revocation $1,000 -2,000 fine And/or 10-60 days suspension revocation Level 1 - LFLS Level 2 — LFHS Options: Training, Installation of Alcohol devices, Video surveillance, security, etc $0-500 fine $500-1,000 fine And/or 3-5 day suspension Key: Level 1— LFLS: Low Severity, Low Frequency Level 2 — LFHS: Low Frequency, High Severity Level 3 — HFLS: High Frequency, Low Severity Level 4— HFHS: High Frequency, High Severity 1. Incident Severity and Frequency — The city department reporting the violation to the City Council will substantiate the severity and frequency of the incident in a report based on the number of incidents occurring at the licensed location under the same licensee for the previous five years. Incident severity and frequency will take into consideration the totality of the circumstances and the potential or actual impact on a specific neighborhood or to the overall community. 2. Aggravating Factors — Aggravating Factors in a single incident may cause a move in the grid to the next level (either up or sideways). Examples of Aggravating Factors include, but are not limited to: 4 • Any prior violation of alcohol -related incidents in the last 5 years of the new incident (each prior shall be counted as on Aggravating Factor); • *Felony or gross misdemeanor charges were issued out of the new incident; • Any weapons, drugs or violence involved in the new incident; • The act endangered the public; • *The act involved a juvenile; • The act involved bias or discrimination; • The act lead to other crimes (i.e. over -serving then involved in a car accident) *(gross misdemeanor charges or incidents involving a juvenile stemming from a routine alcohol compliance check conducted by the Police Department shall not be counted as an Aggravating Factor in a single incident) 3. Penalties may include a Fine, Suspension, or Revocation or any combination thereof. We believe that the penalty grid can be an effective tool for imposing more appropriate penalties based on each fact situation. CBD: We are leaving CBD licenses in the Code for now to wait and see what happens at the legislature. There is a strong possibility that the City's local licensing regulations will be preempted, but there may be some authority for registering these businesses. However, it appears that zoning provisions may survive in the new legislation, so we duplicated many of the performance standards from our licensing section and are repeating them in the Zoning Ordinance to attempt to preserve our time, place and manner regulations. Gambling license: Added that 55% of charitable gambling proceeds must be spent within the city's designated trade area: Subd. 8. Designated trade area. (a) During the calendar year, each licensed organization within the city having a premise permit within the city shall expend 55 percent lawful purpose expenditures on lawful purposes conducted within the city's trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premise within the city's jurisdiction. Buskers and Street Performers. This is a new permit (not a license). The definition is as follows: Busking includes, but is not limited to, the following activities: acting, singing, performing, playing musical instruments, pantomime, juggling, magic, puppetry, and reciting. Busking also includes the activity of drawing any message, picture or representation on a paper, canvas, or other media surface. The activity may include the eliciting of voluntary donations. Rules surrounding busking are as follows: 5 o Must have a business sponsor (it must be a business in the city who applies for the permit) o Permitted locations: ■ On applicant's property ■ The sidewalk or right-of-way proximate to the business sponsor, provided that the performance and the congregated audience shall not interfere with the ingress and egress of any building, nor obstruct any handicap access. ■ In controlled public areas where an authorized street fair or public festival is being conducted, with the written permission of the sponsor of such fair or festival. Signage denoting the business sponsor shall be displayed. o Permitted times: Sunday through Thursday between 9:00 a.m. and 9:00 p.m.; Fridays and Saturdays between 9:00 a.m. and 11:00 p.m.; and only while the business sponsor is open for business. Hotel licensing option: The state legislature has a bill that would authorize cities to license hotels. The reason this would be useful is that the ordinance could require owners to control nuisance activity at their properties and instead of only being able to issue administrative citations for such violations, we would be able to suspend or revoke the license. The Council should discuss if there is interest in licensing hotels and we will prepare an ordinance. We have attached the full text of the License Ordinance, Liquor Ordinance and Busking Ordinance so that you can see them in proper context. ACTION REQUESTED Review and discuss the aforementioned ordinances and provide direction to City Staff as to any changes so that these changes can be incorporated in the final revisions. 6 Chapter 6 — Businesses — Article 1. In General Sec - . General rules. Subd. 1. License required to engage in certain activities. It is unlawful for any person to engage in any trade, profession, business or privilege in the City for which the City Code requires a license without first obtaining approval for the license from the City in the manner provided in this Chapter. A license must be obtained from each location at which the licensee conducts business. Subd. 2. Activity conducted without a license. (1) When an activity that requires a license pursuant to the City Code is conducted without a license or the licensee has not renewed an existing license prior to its expiration date and the licensed activity continues, the City may pursue any one or all of the following remedies. (a) The City may issue a criminal citation for operating without a license; and/or (b) The City may post a cease and desist order ("cease and desist order") for the licensed activity preventing the business from conducting the activity until a license is approved. i. If a business has an existing license for the licensed activity and the license expires, then the City Clerk shall provide the owner with twenty (20) days' calendar notice to cease and desist the activity ("cease and desist notice"). If no completed application is received by the City Clerk prior to the expiration of the date given in the cease and desist notice, then the City shall post a cease and desist order for the activity for which the license is required. ii. If a new business is conducting an activity for which a license is required or an existing business is conducting a new activity for which a license is required and no license has been approved, then the City may immediately and without notice, post a cease and desist order for the activity for which a license is required. (2) Any business that continues to conduct an activity for which a license is required without an approved license shall be in violation of this Chapter. Sec = _. Application for license. Subd. 1. Applications. All applications for licenses, unless specifically provided otherwise, shall be made to the City Clerk or other authorized City official in writing upon forms provided by the City. Incomplete applications will be rejected by the City Clerk and will not be submitted for further review by the City. (1) Natural Person. If the applicant is a natural person, the applicant may be required to provide the following information. (a) Full name, place, contact information, and date of birth; 7 (b) Street resident addresses of where the applicant has lived during the past five (5) years and telephone numbers and dates for which such addresses and phone numbers were used; (c) Whether the applicant has ever been known by a name other than the applicant's name and, if so, the name or names used, including maiden names, and information concerning dates and places used; (d) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the names and addresses of the applicant's employers and partners, if any, for the preceding five (5) years, and corresponding dates of employment; (e) Whether the applicant has ever been convicted of a felony, gross misdemeanor, misdemeanor, including violations of a municipal ordinance, but excluding minor traffic violations, directly related to the business for which the license is sought. If so, the applicant must furnish information as to the date, time, place of conviction and nature of the offenses; (f) A physical description of the applicant; (g) The applicant shall confirm they have paid individual Federal and State Income taxes for the proceeding 2 years; (h) The applicant's social security number; and (i) If the applicant does not manage the business, the name of the managers or other persons in charge of the business and all information concerning each of them pursuant to subsections A.1.a through A.1.h. above. (2) Partnership. If the applicant is a partnership, the applicant may be required to provide the following information. (a) The names, addresses, and contact information of all general and limited partners and all information concerning each general partner pursuant to subsections A.1.a through A.1.h. above; (b) The names of the managing partners and the interest of each partner in the licensed business; (c) A copy of the partnership agreement; (d) The applicant's federal tax identification number and state employer identification number; and (e) If the applicant does not manage the business, the name of the managers or other persons in charge of the business and all information concerning each of them pursuant to subsections A.1.a through A.1.h. above. (3) Corporation. If the applicant is a corporation or other organization, the applicant may be required to provide the following information. 8 (a) The name of the corporation or business and the state of the incorporation; (b) A copy of the articles of incorporation or association agreement and bylaws. If the applicant is a foreign corporation, a certificate of authority as required by Minnesota Statutes Section 303.06, must be attached; (c) The applicant's federal tax identification number and state employer identification number; (d) The name of the managers or other persons in charge of the business and all information concerning each manager, proprietor or agent pursuant to subsections A.1.a through A.1.h. above; and (e) A list of all persons who control or own an interest in excess of 5% in the organization or business or who are officers of the corporation or business and all information concerning those persons pursuant to subsections A.1.a through A.1.h. above. This provision, however, does not apply to a corporation whose stock is publicly traded on a stock exchange and the corporation is applying for a license to be owned or operated by itself. (4) Additional Information from all Applicants. All applicants must provide the following additional information. (a) Whether the applicant holds a current license or has ever held a license from any governmental unit, including the City; (b) Whether the applicant has ever had a license in any city or state denied, revoked or suspended and the reason for the denial, revocation, or suspension; (c) The name of the business, if it is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes Section 333.01; (d) The street addresses and telephone numbers of the premises at which the business will be conducted; (e) The exact legal description of the premises to be licensed, if applicable; (f) If the applicant does not own the business premises, a true and complete copy of the executed lease for the premises, if applicable; (g) If the applicant is applying for a personal business license, a copy of the independent contractor, employment agreement or executed statement from the business owner that the applicant is authorized to conduct business at the business premises; (h) Whether all real estate and personal property taxes that are due and payable for the premises have been paid and, if not paid, the years and amounts that are unpaid; (i) A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct. If the applicant is a corporation, an officer must sign the 9 written declaration. lithe applicant is a partnership, a general partner must sign the written declaration. If the applicant is an unincorporated association, the manager or managing officer must sign the written declaration; (j) If the licensed activity requires prior approval from another government entity, provide evidence of that approval; and (k) Any other information the City may require. (5) Insurance Coverage. The applicant must file with the City Clerk a certificate of insurance from an insurance company duly licensed and qualified to do business in the state. (a) Coverage Requirements. The insurance policy must provide coverages in a minimum of the following amounts, unless otherwise required by law. i. Commercial General Liability Insurance, with a limit of $1,000,000 per occurrence; ii. Workers' Compensation Insurance in accordance with statutory requirements; iii. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each accident. (b) Coverage Changes and Cancellation. The City of Stillwater must be listed as a certificate holder and be notified of any changes or cancellations in coverage. (c) Application. The insurance coverage requirements of this section shall apply to all licenses granted by the City, unless specifically stated otherwise by the City Clerk or their designee. (6) License Fees. License fees must be paid before the City will grant the license. (a) Fee Determination. The fees for licenses are established by City Council resolution. (b) Refunds. License fees are not refundable unless approved by the City Council. In addition, specific license fees for which work was performed, such as a background investigation, shall not be refunded. (c) Prorated of Fees; Refunds for Issued License; Reductions for License Fees. i. The fee for an on -sale intoxicating liquor license granted after the commencement of the license year shall be prorated on a monthly basis. On -sale 3.2 percent malt liquor, on -sale club, on -sale Sunday, on -sale wine, and off -sale licenses shall be prorated on a quarterly basis. ii. Fee Reduction for Off -Sale Intoxicating Liquor Licenses. Off -sale intoxicating liquor licensees may request a reduction in their annual license fee by the amount specified in Minnesota Statutes Section 340A.408 if the licensee meets all of the conditions outlined in Chapter 340A and proof of compliance is provided to the City at the time the application is made to the City. 10 iii. The fee for Pawnbroker license granted after the commencement of the license year shall be prorated on a quarterly basis Pawnbroker; (d) Provisional License Fees. The City Council may require an additional fee for provisional licenses that is in addition to the regular license fee, due to the extraordinary monitoring that is required by City staff. The additional provisional license fee shall be set by the City Council upon approval of a provisional license; and (7) Change in Information. Any change in the information required by subdivision of this section must be reported to the City Clerk or other authorized official within fourteen (14) days of that change. Subd. 2. Background investigations. After the City has received a completed application with the required information under section , including all required documentation and appropriate fees, certain license applications may require a background investigation and submission to the City Council for approval. In such cases, the following process in this subsection shall be followed. (1) In order to protect the general welfare of the public, certain license applications may require a personal background and/or a business background investigation. If so required, the investigations will be conducted pursuant to this Section, as well as Section . If the applicant simultaneously submits an application for more than one (1) license and each license requires a personal and/or business background investigation, the applicant shall only be required to pay the fee for one (1) personal background investigation and one (1) business background investigation, if applicable. If the investigation fees for the various licenses differ, the higher fees shall apply. (a) Authorization. At the time of making an initial or renewal license application that requires a personal or business background investigation, the applicant must provide written authorization to the City to investigate all facts set out in the application and to do a personal and/or business background investigation on the applicant. A criminal background investigation shall be conducted as part of a personal background investigation. The information obtained from the investigation shall be used to assist the Director of Public Safety or their designee in making a recommendation as to whether the applicant should be granted a license. The recommendation may be based on any of the following criteria. i. Whether the applicant was convicted of a crime or offense in the last five (5) years involving or directly related to the business for which a license is sought; ii. Whether there is a material misrepresentation in the application. (b) Investigation Fee. All applicants that must undergo a background investigation must pay an investigation fee with the license application. Separate fees shall be charged for personal background investigations and business background investigations. The City Council establishes the investigation fees by City Council resolution. If the applicant applies for an additional license within the calendar year, then the applicant shall only be required to pay the renewal fee. Subd. 3. Administrative approval. 11 (1) City Staff Approval. If authorized by the City Code, certain licenses may be administratively approved by City staff. (2) If authorized for administrative approval, then within twenty (20) regular business days of receiving a completed license application, the City Clerk or their designee shall issue the license unless there exist grounds for denying the license under Section , in which case the City Clerk shall deny the license application. If the City Clerk denies the license application, the applicant will be notified in writing of the decision, the reason for denial, and of the applicant's right to appeal pursuant to City Code Section Sec_-_. General conditions of license. A licensee is responsible for the conduct of their place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is responsible for all penalties provided by this Chapter equally with the employee. Renewal of license. License renewals are issued in the same manner and subject to the same conditions as a new license application. Subd. 1. Renewal date. Licensees must submit their applications for the renewal of their licenses at least sixty (60) days prior to their expiration. Failure to submit a renewal application by the expiration date means there is no guarantee of the license being renewed. Thirty (30) days after its expiration, the license will be considered terminated. Subd. 2. Exception. The renewal date application deadline does not apply to licenses issued for work performed in or on City streets or sidewalks pursuant to a contract with the City or contractors who do not perform work continuously in the City, who need only obtain a license prior to commencing any work. Subd. 3. Continued operation. If a timely submission of a renewal application is made by an applicant in good standing, but the City Council does not act upon the application prior to December 31, then upon written authorization by the City, the applicant may continue to operate until the City Council considers the renewal application. Sec_-_. Persons and locations ineligible for a license. The City Council may not issue a license to an applicant, if the applicant. (1) Is a minor at the time the application is filed; or (2) Has been convicted of a felony, gross misdemeanor, or misdemeanor punishable by jail, the crime is directly related to the license sought and the applicant has not shown by competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business. Sec - . License term. (1) Except as stated in subsection B below, the term of the license year begins on January 1 and ends on December 31 or for the period of time for which the applicant applied, whichever is shorter. A license shall not be valid beyond the expiration date therein specified, unless otherwise provided. 12 (2) The term of the license year for short term home rental licenses as stated in Section and message therapists license stated in Section of the City Code. Sec = _. Display of license certificate. Subd. 1. Personal business license. Where the license is a personal business license and the licensed activity is conducted at various locations or establishments, the licensee must carry the license on the licensee's person at all times when engaged in the activity for which the City granted the license. Subd. 2. Business license. Where the licensed activity is conducted at fixed places of business or establishments, the certificate must be exhibited at all times in a conspicuous place on the premises. The license must be posted in a conspicuous place at or near the entrance to the business so that it may be easily read at any time. Subd. 3. License display requests. The licensee must present the license certificate upon demand of any police officer, authorized representative of the City or resident. Sec= _. Premises covered by license. Unless otherwise authorized by this Code, the license issued is only effective for the compact and contiguous space specified in the approved license application. Transfer or assignment of license. A license holder shall not transfer or assign a license to another person or entity. Sec= _. Inspections. An applicant or license holder must permit health officials, representatives of the Police Department, Fire Department, licensing staff and Building Department to inspect the licensed premises of a business for the purpose of ensuring compliance with the law, at any time it is open and occupied for business. For certain businesses, a pre -license inspection may be required, in which case, the applicant or license holder shall schedule inspections with the City. Sec - . Action on license. Subd. 1. New or renewal application consideration. (1) City Council Action. The City Council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation for City staff regarding the application. (2) Procedure. At the City Council meeting at which the license application is considered, any person must be provided an opportunity to be heard for or against the license. The City Council may then take any of the following actions. (a) Approve the license; (b) Deny the license; (c) Approve a provisional license; 13 (d) Approve the license with reasonable conditions; or (e) Continue the license application. Subd. 2. Provisional license. The City Council may issue a provisional license or convert a regular license to a provisional license to any existing business that has generated more than three (3) violations of the City Code or state statutes within the preceding 12-month period. At the time of approval of the provisional license, the City Council shall approve a mitigation plan. The mitigation plan may include adding security measures, improving the exterior of the property, reducing or changing the hours of operation, holding neighborhood meetings, or other steps the Council deems appropriate. The license term for a provisional license shall coincide with the license term of a regular license for the same activity. Subd. 3. License with reasonable conditions. The City Council may add reasonable conditions upon approval of a regular license, if deemed appropriate. Subd. 4. Denial, suspension or revocation. (1) Reasons for Denial, Suspension or Revocation. Any license may be denied, suspended or revoked for one or more of the following reasons. (a) The proposed use does not comply with the Zoning Code (Title of City Code) (b) The proposed use does not comply with health, building, maintenance or other provisions of the City Code or state law; (c) The applicant has failed to pay all of the appropriate fees related to the license, or is delinquent on any other City fees; (d) 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; (e) Conviction of any crime or offense in the previous five (5) years involving or relating to the business that is licensed or the type of licensed activity and the applicant or licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (f) The licensee has conducted the licensed activity in such a manner as to constitute a breach of the peace, a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the Director of Public Safety or an appropriate City official; (g) Expiration or cancellation of any required insurance or failure to notify the City within a reasonable time of changes in terms of the insurance or the carriers; (h) The licensee has acted in an unauthorized manner or beyond the scope of the license granted; 14 (i) The applicant's license has been denied, revoked or suspended by the City, the state or another government entity; (j) Failure to allow inspections of the licensed premises, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business; (k) Failure to continuously comply with all conditions required as precedent to the approval of the license; (I) Real estate or personal property taxes on the business premises have become delinquent and the property owner and the applicant are the same person or entity, or have any common ownership between the property owner and the applicant where they are a different person or entity; (m) Violation of any regulation or provision of the City Code or Zoning Code applicable to the activity for which the license has been granted, or any regulation or state law that may be applicable; (n) The applicant or licensee has been found guilty of professional misconduct, either criminally or civilly; (o) Based on the findings of a background investigation, granting a license would be a menace to the safety, health, morals and welfare of the public; (p) The licensee has violated a condition of its provisional license; (q) The activity has been conducted without a license; or (r) Other good cause. (2) Temporary Suspension. The City Council or its designee may temporarily suspend a license when, in its judgment, the public health, safety and welfare is endangered by the continuance of the licensed activity, pending a suspension or revocation hearing. (3) Suspension or Revocation Hearing. A hearing for consideration of suspending or revoking a license will be conducted before the City Council or its designee. At the hearing, the licensee has the right to be represented by counsel, the right to respond to the charges, the right to present evidence through witnesses under oath and the right to confront and cross-examine witnesses under oath. (a) Notice. i. Before holding the suspension or revocation hearing regarding the license, the city must provide written notice informing the licensee of the right to a hearing. ii. The notice must provide at least twenty (20) calendar days' notice of the time and place of the hearing and must state the ground for the action proposed to be taken. 15 iii. The notice may be served upon the licensee personally or by leaving the notice at the licensed premises with the person in charge, or by certified mail to the address on the license application or where the business activity is conducted. (b) Final Decision. Following the hearing, the City Council or its designee may take any of the following actions: i. Take no action on the license; ii. Allow the business activity to continue but add reasonable conditions to the license; iii. Convert the license to a provisional license and approve a mitigation plan; iv. Suspend the license; or v. Revoke the license. (c) Findings. Any actions taken following a hearing shall be adopted by resolution with findings and shall be sent to or served upon the licensee. If the license is suspended, the dates of suspension shall be fixed; if the license is revoked, the effective date of the revocation shall be fixed. The decision by the City Council or its designee following a hearing is final. (d) Liquor License penalties shall be governed by City Code for notice and hearing requirements. (e) If a license is revoked, neither the applicant nor the licensed premises may obtain a license for a period of six (6) months. 16 ARTICLE _. ALCOHOLIC BEVERAGES Sec = _. Adoption of state law by reference. The provisions of Minnesota Statutes, Chapter 340A, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions related to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of alcoholic beverages are hereby adopted by reference and are made a part of this Chapter as if set out in full. Sec_-_. License/permit required. Except as provided in this Chapter, no person or organization may directly or indirectly, on any pretense or by any device, manufacture, import, sell, barter, exchange, dispose of, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the appropriate license from the City pursuant to of the City Code. Sec= _. Places ineligible. Subd. 1. No license may be issued for any place or any business ineligible for a license under state law. Subd. 2. No license may be granted for operation on any premises on which taxes, assessments or other financial claims are delinquent and unpaid. No application shall be considered until such delinquencies are paid in full. Subd. 3. No on -sale intoxicating liquor license, such as is issued to bars and restaurants, except when it is a temporary license, shall be granted for premises located within five hundred feet (500') of any school or church. The distance is to be measured in a straight line from the structure in which the business to be licensed is located to the nearest point of the church or school building. The construction of a school or church within the prohibited area after an initial application has been granted shall not, in and of itself, render such premises ineligible for renewal of the license. The five hundred foot (500') distance may be reduced by Council resolution in the event a highway, railroad, watercourse, large structure or other physical barrier separates the premises to be licensed from the school or church in such manner as to substantially reduce or eliminate noise or other objectionable elements. Subd. 4. No license shall be granted for premises that meet the definition of an "adult establishment" or "adult use", pursuant to of this Code. Sec = _. Types of licenses and permits. Subd. 1. 3.2 percent malt liquor licenses. The City Council may issue the following types of 3.2 percent malt liquor licenses. (1) On -Sale 3.2 Percent Malt Liquor License. On -sale 3.2 percent malt liquor licenses obtained pursuant to this Chapter will permit the licensee to sell 3.2 percent malt liquors for consumption on the licensed premises and will be issued only to restaurants, hotels, bona fide clubs, resorts and establishments used exclusively for the sale of 3.2 percent malt liquors with the incidental sale of tobacco and soft drinks, and to baseball teams competing in an official Minnesota Baseball Association league or to a person holding a concessions or management contract for beverages sales at a ballpark for summer town ball games. 17 (2) Off -Sale 3.2 Percent Malt Liquor License Off -sale 3.2 percent malt liquor licenses obtained pursuant to this Chapter will permit the licensee to sell 3.2 percent malt liquors in original packages for consumption off the premises only. (3) Off -Sale Brewpub 3.2 Percent Malt Liquor License. Off -sale brewpub 3.2 percent malt liquor licenses may be issued only to a brewer who holds a state license issued under Minnesota Statutes Section 340A.301, and a City issued on -sale 3.2 percent malt liquor license for a restaurant operated in the place of manufacture. The off -sale brewpub 3.2 percent malt liquor license authorizes the off -sale of 3.2 percent malt liquor produced and packaged on the premises. The license is subject to the requirements of this Chapter and Minnesota Statutes Section 340A. (4) Off -Sale Small Brewer 3.2 Percent Malt Liquor License. Off -sale small brewer 3.2 percent malt liquor licenses may be issued only to a brewer who holds a brewer license issued by the State pursuant to Minnesota Statutes Section 340A.301. The license authorizes the brewer to sell, at off -sale, 3.2 percent malt liquor that has been produced and packaged by the brewer at its licensed premises in sixty-four (64) ounce containers commonly known as "growlers" or in seven hundred fifty milliliter (750 ml) bottles. The license is subject to the requirements of this Chapter and Minnesota Statutes Section 340A. (5) Temporary Licenses. (a) A temporary on -sale license for 3.2 percent malt liquor may be issued to a club or charitable, religious or nonprofit organization subject to the following. i. Submission of a completed application to the City Clerk at least sixty (60) days in advance of the event for which the license is requested; ii. Submission of a list of responsible persons who may be contacted in case of any emergency. Those persons must be residents of the Twin Cities metropolitan area as defined by Minnesota Statutes Section 473.121, subdivision 2. At least one (1) of the listed persons must be present on the licensed premises during all hours of sale; iii. Submission of other information as may be required by the City Council. (b) The license may be issued for a specified period of time, not to exceed three (3) consecutive days. (c) The license may be issued for an event to take place on public property, including in or near any school building. (d) The application may include multiple dates for separate events to be held by the same organization within a calendar year. (6) Consumption and Display Permit. A consumption and display permit may be issued to an organization that complies with the requirements of Minnesota Statutes Section 340A.414, and that has obtained a permit from the Commissioner of Public Safety. 18 (7) Exemptions. Any person holding an on -sale intoxicating liquor license may sell 3.2 percent malt beverages at on -sale without obtaining a license under this Chapter. Any person holding an off -sale intoxicating liquor license may sell 3.2 percent malt beverages at off -sale without obtaining a license under this Chapter. Subd. 2. Intoxicating liquor licenses. The City Council may grant the following types of intoxicating liquor licenses. (1) On -Sale Intoxicating License. On -sale intoxicating licenses may be issued to hotels, clubs, resorts, bowling centers, theaters, convention centers and congressionally chartered veterans' organizations, baseball teams competing in an official Minnesota Baseball Association league or to a person holding a concessions or management contract for beverages sales at a ballpark for summer town ball games and restaurants with the following conditions: (a) A license may be issued to clubs and congressionally chartered veterans' organizations if they have been in existence for at least three (3) years and liquor sales will only be to members and bona fide guests. An unlimited number of licenses may be issued to these types of clubs and organizations. (b) A restaurant that holds an on -sale intoxicating liquor license may also operate under a caterer's permit issued by the Minnesota Commissioner of Public Safety, if the operation is in accordance with State law. (2) On -Sale Wine License. On -sale wine licenses may be issued to restaurants for the sale of wine not exceeding twenty-four percent (24%) alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. An on -sale wine license may only be issued to a restaurant that has seating for at least twenty-five (25) guests at one time, to licensed bed and breakfast facilities which meet the criteria in Minnesota Statutes Section 340A.4011, subdivision 1, to theaters that meet the criteria of Minnesota Statutes Section 340A.404, subdivision 1(b) and and to baseball teams competing in an official Minnesota Baseball Association league or to a person holding a concessions or management contract for beverages sales at a ballpark for summer town ball games. The holder of an on -sale wine license issued under this Chapter is authorized to sell intoxicating malt liquor on -sale without an additional license, provided. (a) The licensee must hold an on -sale 3.2 percent malt liquor on -sale license issued pursuant to this Chapter; and (b) The licensee affirmatively states in its application for an on -sale wine license that the licensee intends to make sales of intoxicating malt liquor under this provision, and the license approving the on -sale wine license shall refer to allowing sales of on -sale wine and intoxicating malt liquor. (3) On -Sale Brewer Taproom License. On -sale brewer taproom licenses may be issued only to the holder of a brewer's license issued by the State and in accordance with Minnesota Statutes Section 340A.26. (4) On -Sale Brewpub License. On -sale brewpub licenses may be issued only to a brewpub in accordance with Minnesota Statutes Section 340A.24. 19 (5) On -Sale Microdistillery Cocktail Room License. On -sale microdistillery cocktail room licenses may be issued only to the holder of a microdistillery license issued by the State of Minnesota and in accordance with Minnesota Statutes Section 340A.22. (6) On -Sale Culinary Class License. On -sale culinary class license may be issued to a business establishment that is not otherwise eligible for an on -sale intoxicating liquor license and that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six (6) ounces of wine or twelve (12) ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only. All provisions of this Chapter that apply to on -sale intoxicating liquor licenses apply to licenses issued under this subsection, except Section of this Chapter and other provisions inconsistent with this subsection. (7) Off -Sale Intoxicating License. Off -sale intoxicating licenses may be issued only to exclusive liquor stores and will permit "off -sales" of intoxicating liquor and 3.2 percent malt liquor. Incidental sales of ice, soft drinks, and all forms of tobacco are permitted. (8) Off -Sale Brewpub Malt Liquor License. Off -sale brewpub malt liquor licenses may be issued only to the holder of an on -sale brewpub license, in accordance with Minnesota Statutes Section 340A.24. The off -sale brewpub malt liquor license authorizes the off -sale of malt liquor produced and packaged on the premises. (9) Off -Sale Small Brewer Malt Liquor License. Off -sale small brewer malt liquor licenses may be issued only to a brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety, in accordance with Minnesota Statutes Section 340A.28. The license authorizes the brewer to sell, at off -sale, malt liquor that has been produced and packaged by the brewer at its licensed premises in sixty-four (64) ounce containers commonly known as "growlers" or in seven hundred fifty milliliter (750 ml) bottles. (10)Off-Sale Microdistillery License. Off -sale microdistillery licenses may be issued only to a microdistillery in accordance with Minnesota Statutes Section 340A.22. The license authorizes the microdistillery to sell, at off -sale, one 750-milliliter bottle per customer per day of product manufactured on -site, subject to the requirements of Minnesota Statutes Section 340A.22. (11)Sunday Sales. A license for Sunday sales at on -sale may be issued only to a hotel or restaurant to which an "on -sale" license has been issued. Sunday off -sales may only be made during the hours permitted for "Sunday sales" pursuant to Minnesota Statutes Section 340A.504 subdivision 3. No Sunday sales license is needed for "on -sale wine" licenses. Except in the case of "on -sale wine" licenses, no on -sale Sunday sales of intoxicating liquor may be made without a license for Sunday sales. (12)Consumption and Display Permit. A consumption and display permit may be issued to an organization that complies with the requirements of Minnesota Statutes Section 340A.414, and that has obtained a permit from the Commissioner of Public Safety. (13)Temporary Licenses. 20 (a) Temporary On -Sale License. Temporary on -sale licenses may be issued only to. (1) a club or charitable, religious, or other nonprofit organization that has been in existence for at least three (3) years or (2) a brewer who manufactures fewer than three thousand five hundred (3,500) barrels of malt liquor in a year, in connection with a social event sponsored by the organization holding the temporary license. The licenses are subject to the same conditions listed in subsection A.5 of this Chapter except that the time period may not exceed four (4) consecutive days. The insurance requirements of Minnesota Statutes Section 340A.409, subdivisions 1 through 3a, apply to a temporary license issued to a brewer under this subsection. The number of temporary licenses issued may not exceed the number of temporary licenses established by State law. (b) Temporary Consumption and Display Permits. Temporary consumption and display permits may be issued for one (1) day to nonprofit organizations in conjunction with social events sponsored by the organization in the City. No more than ten (10) temporary permits may be issued in one (1) year. The permits are subject to the same conditions listed in subsection A.5 of this Chapter. (c) Temporary Off -Sale Wine License. Temporary off -sale wine licenses may be issued to allow for the off -sale of vintage wine at an auction. The wine must be at least five (5) years old and of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. No more than six hundred (600) cases of wine may be sold at any auction, and each license may not exceed three (3) consecutive days. (d) Microdistillery Temporary On -Sale Intoxicating Liquor License. Microdistillery temporary on -sale intoxicating liquor licenses may be issued to the holder of a state microdistillery license. A microdistillery temporary on -sale intoxicating liquor license authorizes the on -sale of intoxicating liquor in connection with a social event within the City sponsored by the microdistillery. (e) The license may be issued for an event to take place on public property, including in or near any school building. (f) For licenses that require signage to designate areas of consumption, such signs shall state. "no alcohol beyond this point" or "no alcohol permitted in this area" with letters that are two inches tall in contrasting letters. The signage shall be approved by the city clerk and/or building official. Consumption or sale of alcohol on non -licensed areas will be in violation of this ordinance and subject to a fine as stated in chapter , Section (14)Special Provisions; Sports Facilities, Cultural Facilities, Community Festivals. (a) Sports Facility or Cultural Facility. A holder of an on -sale intoxicating liquor license issued by the City may obtain a temporary license to dispense intoxicating liquor at a convention, banquet, conference, event, meeting or social affair conducted on the premises of a sports facility or cultural facility owned by the City, subject to the limitations in Minnesota Statutes Section 340A.404, subdivision 4a. (b) Community Festival. A holder of an on -sale intoxicating liquor license issued by the City may obtain a temporary license to dispense intoxicating liquor off premises at a community festival held within the City. The area for the dispensing and consumption of intoxicating liquor must be 21 compact and contiguous, with proper separation to control ingress and egress. The licensee must demonstrate that it has liability insurance as prescribed by Minnesota Statutes Section 340A.409, to cover the event. (c) Wine Festival License. With the approval of the Commissioner of Public Safety, the City may issue a temporary license to a bona fide association of owners and operators of wineries sponsoring an annual festival to showcase wines produced by members of the association. The temporary license shall comply with the requirements of Minnesota Statutes Section 340A.4175. Sec_-_. License application. Subd. 1. Initial application. Upon submission of an initial application or upon any change of ownership or business control of the licensed premises, every person or entity desiring a liquor license or permit under this Chapter must file with the City Clerk a written application in the form prescribed and approved by the Commissioner of Public Safety of the State of Minnesota and as outlined in Minnesota Statutes, Chapter 340A. In addition to the information required on the application form and information required by any other officer or office of the State of Minnesota, the application made to the City must include the information required under City Code Section . No application will be accepted from anyone under 21 years of age. (1) In addition to the requirements of Section (General Licensing) every application shall contain the following. (a) A site plan of the area showing dimensions, location of buildings and any extension of the premises or outside areas that the licensee proposes to include in the area covered by the license. (b) The street address of the licensed premises and the floor plan showing where liquor is to be sold or consumed. An applicant for an on -sale license shall include dimensions of any dining room and indicate the number of persons intended to be served in each room. (c) The name of the manager or proprietor or agent in charge of the premises to be licensed, the assistant manager, the food manager and the beverage manager giving all the information about those persons as is required of a single applicant in 43-63 subd. 2(1)—(8) of this section. (d) If the licensed activity requires prior approval from another government entity, written evidence of that approval. (2) Amendment for Enlargement, Alteration or Extension. The application for an amendment of an existing license must be made prior to any enlargement, alteration, or extension of the licensed premises in accordance with Section of the City Code. The applicant must provide updated plans and sign a written declaration under penalty of perjury, that the updated information is true. Sec. _ . Financial responsibility. Licensee must demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes Section 340A.409, to the City Clerk at the time of application for a new license or renewal of the existing license. The proof must show that all coverage meets or exceeds the requirements of Minnesota Statutes Section 340A.409 and must cover the entire license period or indicate that coverage is continuous until canceled. If a new certificate of insurance is 22 not filed with the City Clerk during the applicable period after notice of cancellation, the license will be suspended until a new certificate of insurance is filed with the City Clerk and the Minnesota Commissioner of Public Safety. Operation of a business which is required to be licensed under this Chapter without having on file with the City at all times effective proof of financial responsibility as defined in Minnesota Statutes Section 340A.409, shall be grounds for revocation of the license. Sec. -. Investigations. Subd. 1. Initial and renewal applications. All initial and renewal applications for licenses issued under this Chapter shall be referred to the Director of Public Safety, and to such other City departments as the City Council shall deem necessary, for verification and investigation of the facts set forth in the application. The investigation shall include, but is not limited to, a criminal history records check and background investigation conducted pursuant to City Code Sections and and Minnesota Statutes Section 340A.402, subdivision 2. The City Council may order and conduct such additional investigations as it deems necessary. Subd. 2. Fees. Each initial application for a liquor license, except for temporary licenses, shall be accompanied by the nonrefundable investigation fee established in City Code Section Sec. - . Issuance of license. Subd. 1. Granting or denial of permit. The City Council, in its sound discretion, shall take action on each new application for any license or permit in accordance with City Code Section Subd. 2. Restrictions on issuance of license. (1) Building to be Ready for Occupancy. Where a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notified by the City's Building Official that the building is ready for occupancy. (2) State Approval of Licenses and Permits. Licenses and permits that are approved by the City Council but which are issued by or require approval of the Commissioner of Public Safety shall not be effective until approved by the Commissioner. Sec. _ . License term. The term of all liquor licenses shall be in accordance with City Code Section , except temporary licenses which expire according to their express terms. Consumption and display permits issued by the Commissioner of Public Safety, and the accompanying City consent to the permit, shall expire on December 31 of each year. Sec. - . General conditions of a license. Subd. 1. Generally. Every license granted under this Chapter is subject to the conditions in this subsection, all other provisions of this Chapter, and of any other applicable regulations, ordinance or State law. Subd. 2. Maintenance of peace. Every licensee is responsible for the conduct of their place of business and the conditions of sobriety and order in it. The act of any employee of the licensed premises authorized to sell intoxicating liquor is deemed the act of the licensee as well, and the licensee shall be 23 liable for all penalties provided by this Chapter and the law equally with the employee, except criminal penalties. Subd. 3. Possession of federal stamps. No licensee may possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. Subd. 4. Consumption on premises. A person must not consume any intoxicating or 3.2 percent malt liquor on any licensed premises more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. No person, except an employee of the licensed establishment, may remain on the premises or site more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. Subd. 5. Removal of containers. No licensee may permit any glass, bottle, or other container containing intoxicating liquor in any quantity to remain upon any table, bar, stool, or other place where customers are served, more than thirty (30) minutes after the time when a sale can legally occur, except as authorized by Minnesota Statutes Section 340A.404, subdivision 11, which allows the removal of certain wine at a restaurant with an on -sale intoxicating liquor or wine license. Subd. 6. Death of licensee. In the event of the death of a person holding a license, the personal representative of that person is allowed to continue to operate the business within the terms of the license for a period not to exceed ninety (90) days after the death of the licensee. Subd. 7. Hours and days. A licensee must not sell or permit the consumption of alcoholic beverages except in compliance with the hours and days established in Minnesota Statutes Section 340A.504. Subd. 8. Consumption outside licensed premises. A person must not possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee's control outside of the licensed structure or in any area of the licensed premises that was not designated for these activities in the license application. Subd. 9. Mandatory training seminars. (1) Generally. On an annual basis, each licensee must have at least one (1) representative attend a liquor license training seminar approved by the City. The representative need not be the same person each time but must hold a position of responsibility in either the ownership or management of the license. The licensee must provide the City with proof of completion of the training seminar within ten (10) days of completion. (2) New Licensees. For twelve (12) months after initial issuance of a license, each new licensee must train all managers and employees who serve alcoholic beverages, within sixty (60) days after hire. The training must include the laws pertaining to the sale of alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors. An owner who works at the establishment is considered a manager for this requirement. Subd. 10. Change in managers. For each new manager or assistant manager employed after the license is issued, each licensee must notify the City Clerk within ten (10) days after any new manager or assistant manager begins employment. This notification must include the information required in City Code Section . Failure to provide complete and timely information will subject the licensee to the 24 penalties provided in this Code, including potential denial of a renewed license. The Director of Public Safety shall cause an investigation of the new managers and may reject the employment of these personnel by notice to the licensee in writing. The licensee may appear at the hearing regarding this decision to the City Council in accordance with the procedures in City Code Section . A failure to request a hearing in front of City Council waives the licensee's ability to contest the Director of Public Safety's decision. After the City's final decision on a new manager, no manager who has been rejected may operate in that capacity upon the licensed premises. Subd. 11. Outdoor seating area. Each outdoor seating area that is part of the licensed premises must be surrounded by a physical barrier that prevents access to the area except through the licensed building. Subd. 12. Gambling. (1) Each licensee shall be responsible to verify a gambling licensee's valid license or permit before allowing any lawful gambling on the premises; the licensee shall be responsible to see that lawful gambling is conducted in accordance with all applicable laws. (2) The licensee may only permit lawful gambling on the licensed premises when such activity is licensed by the state pursuant to Minnesota Statutes, Chapter 349, or permitted by the City and is conducted pursuant to the regulations contained in this Code. No other gambling shall be permitted on premises licensed for the sale of alcoholic beverages. Subd. 13. Unobstructed view. All sales shall be made in full view of the public inside the licensed premises, and the view shall be unobstructed by screens, curtains, stalls, partitions or other devices, but partitions, subdivisions or panels not higher than forty-eight inches (48") shall be permitted. Subd. 14. Sales in hotel guestrooms. No sale of alcoholic beverages shall be made to or in guestrooms of hotels, unless the rules of the hotel provide for the service of meals in guestrooms, unless the sale of such alcoholic beverages is made in the manner in which on -sales are required to be made, unless such sale accompanies and is incident to the regular source of meals to guests therein, and unless the rules of such hotel and the description, location and number of such guestrooms are fully set out in the application for a license. Sec. _-. Minors and other prohibited persons. (1) A person must not sell, give, barter, furnish, deliver, or dispose of, in any manner, either directly or indirectly, any liquor in any quantity, for any purpose to any person under the age of 21, or to an intoxicated person. The person taking an order in a licensed establishment has the responsibility for determining if the person placing the order is prohibited from receiving liquor under this Section. If liquor is provided in violation of this Section, the person who takes an order from a prohibited person and does not refuse service to the prohibited person is guilty of a misdemeanor, whether or not the person taking the order actually delivered the liquor. (2) A person under the age of 21 must not enter any premises licensed for the retail sale of liquor for the purpose of purchasing or having served or delivered to them any liquor or to consume any liquor, purchase or attempt to purchase or have another purchase for them, any liquor. 25 (3) A person must not misrepresent or mistake their age or identity, or the age or identity of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any liquor to a person under the age of 21. (4) A person under the age of 21 must not have in their possession any liquor, with intent to consume the same at a place other than the household of their parent or guardian. Possession of liquor by a person under the age of 21 at a place other than the household of their parent or guardian is prima facie evidence of intent to consume the same at a place other than the household of their parent or guardian. (5) No person under the age of eighteen (18) shall sell or serve alcoholic beverages in any licensed premises. Sec. -. License penalties. Subd. 1. Authorization. Minnesota Statutes Section 340A.415, authorizes a City Council to impose penalties upon the holder of a liquor license or permit who has failed to comply with an applicable statute or ordinance. Subd. 2. Hearing. Before penalties can be imposed, the City Council or its designee must hold a hearing. At the hearing, the licensee has the right to be represented by counsel, the right to respond to the charges, the right to present evidence through witnesses under oath, and the right to confront and cross examine witnesses under oath. At least twenty (20) days' written notice of the time and place of the hearing must be provided to the licensee and must state the grounds for the action proposed to be taken. The notice must be served by certified mail to the address listed on the license application or where the business activity is conducted. Any actions taken following the hearing shall be adopted by resolution with findings. Subd. 3. Penalties. The penalties may include revocation of the license or permit, suspension of the license or permit for up to sixty (60) days, the imposition of a civil penalty of up to two thousand dollars ($2,000.00) for each violation, or any combination of these sanctions. No suspension or revocation may take effect until the license or permit holder has been given an opportunity for a hearing. Upon a finding that the license holder or permit holder has committed one of the above -mentioned violations, the City Council shall impose a liquor license civil penalty pursuant to the following guidelines: (1) For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor whether the only license is for 3.2 percent malt liquor, the license shall be revoked. (2) After a hearing, if the City Council finds that the licensee has committed a violation of this Section, the Council shall impose at least the minimum fines and suspensions pursuant to the City's fee schedule. (3) The City Council shall select the day or days during which the license will be suspended if applicable. Subd. 4. Decision Final. The decision by the City Council or its designee following a hearing is final. 26 Sec. _ . Busking and street performance Subd. 1. Findings, purpose. The council finds that the existence of buskers and street performers provide a public amenity that enhances the vibrancy, vitality, culture, and ambiance of the city, as well as promoting our business community. The council therefore seeks to encourage such performances to the extent that they do not interfere with the quiet enjoyment of residents, and the ability of businesses to conduct their businesses uninterrupted. This article seeks to provide a fair and clear operating framework for managing busking and street performance activities while minimizing complaints and maintaining public safety and pedestrian traffic flow. Subd. 2. Definitions. Business sponsor means a business entity within the city that obtains a permit for specific busking activities. Busker means a person for whom a business has obtained a permit pursuant to this chapter. This term also includes a performer. Busking includes, but is not limited to, the following activities: acting, singing, performing, playing musical instruments, pantomime, juggling, magic, puppetry, and reciting. Busking also includes the activity of drawing any message, picture or representation on a paper, canvas, or other media surface. The activity may include the eliciting of voluntary donations. Disturbance means any noise or action which endangers, would endanger or is likely to endanger or which injures, would injure or is likely to injure, the safety or health of humans or animals, annoys, would annoy or is likely to annoy, or disturbs, would disturb or is likely to disturb, a reasonable person of ordinary sensibilities; endangers, would endanger or is likely to endanger, or injures, would injure or is likely to injure, personal or real property; disturbs, would disturb or is likely to disturb, the peace; or creates, would create or is likely to create, a nuisance. Also included in this definition is any noise in violation of this Code. Donation. For the purposes of this article, a donation is a sum of money or other consideration given as charity or appreciation for a performance or artistic expression. Subd. 3. Busking permit required. No busking is allowed without a permit issued pursuant to this section. (1) A person or persons busking without a business sponsor is prohibited. (2) A business engaging or allowing busking on or about their premises without first obtaining a busking permit is prohibited. (3) Busking that is fully contained within an enclosed building and does not otherwise cause a disturbance or pedestrian traffic congestion shall not require a permit. Subd. 4. Permit requirements. 27 (1) A business entity seeking to sponsor busking activities as defined in this article shall submit an application to the city on a form provided by the city clerk, and pay the requisite fee, as established by the City's fee schedule. Upon receipt of a complete application and payment of the applicable fee, the city clerk shall administratively issue a busking permit, which shall be valid from the date on which it is issued through December 31 of the calendar year (2) The following information shall be submitted with an application for a busking permit: (a) Name, address, telephone number, and signature of the owner or duly authorized lessee of the business sponsor granting permission for busking or street performing activity. (b) Name, address, and telephone number of the busker(s) and/or performer(s). (c) The nature or type of the activity or activities proposing to be performed. (d) A rendering, with dimensions, of the sign, if any, that may be displayed. (3) A busking permit shall be non -transferable and shall contain the specific type of busking activity to be performed along with the copy of a photo identification for each performer. (4) The business sponsor shall make available the permit during performances and shall allow inspection of the permit by any authorized city employee(s) or officer(s) Subd. 4. Permitted locations. Performances and busking may take place at or on the following locations and conditions, and are the responsibility of the permit holder: (1) The lawn, porch, permitted temporary canopy, or similar location on the applicant's real property. The performers and the congregated audience shall not interfere with the ingress and egress of any building, nor obstruct any handicap access. (2) The sidewalk or right-of-way proximate to the business sponsor, provided that the performance and the congregated audience shall not interfere with the ingress and egress of any building, nor obstruct any handicap access. A minimum of five (5) feet of clearance on sidewalks and paths shall be maintained to allow the unobstructed flow of pedestrian traffic. In addition, buskers shall comply with any regulation of access or clearances as required by the Americans with Disabilities Act (ADA) or any other applicable state or federal regulation. (3) In controlled public areas where an authorized street fair or public festival is being conducted, with the written permission of the sponsor of such fair or festival. Signage denoting the business sponsor shall be displayed. Subd. 5. Permitted times. Buskers may perform Sunday through Thursday between 9:00 a.m. and 9:00 p.m.; Fridays and Saturdays between 9:00 a.m. and 11:00 p.m.; and only while the business sponsor is open for business. Subd. 6. Miscellaneous provisions. 28 (1) Buskers may display one (1) sign related to their performance and/or their sponsor that shall not exceed 24" x 18". Busker signs do not require a permit pursuant to but may only be displayed during the performance. Signs shall not display profane, indecent, or vulgar text or imagery. (2) Performers must wear appropriate clothing and maintain a neat, clean appearance at all times while performing. A shirt or blouse is required. (3) The chief of police, any peace officer, member of city administration, or the director of public works of this city shall have the authority to suspend or revoke a busking permit in the interest of public safety or disturbance abatement. Subd. 7. Prohibited activities. The following activities are prohibited under a busking permit: (1) The selling of any item or exchange of goods for money or other compensation; (2) Promoting or touting any product or service other than those normally sold or marketed by the business sponsor; (3) Massage, chiropractic treatment, or other physical manipulation; (4) Body painting, with the exception of the face; (5) Tattooing, whether temporary or permanent; (6) Amplification of sound; (7) Use of lights directed in a manner that causes potential safety issues to any audience or passerby; (8) Public indecency, even as an artistic display or performance. The use of profane, abusive, indecent or threatening language, behavior, or imagery; and (9) The use of any flammable, toxic, or hazardous materials or implements. This prohibition shall include, but not be limited to swords, knives, whips, or fireworks. Subd. 8. Discontinuance of permit. The City may suspend or terminate a permit at any time for any holder of a city busking permit under the following circumstances: (1) The chief of police, any peace officer, city clerk or his/her delegate, or the director of public works of this city shall have the authority to suspend or discontinue a busking permit in the interest of public safety or disturbance abatement. (2) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating cease of the busking activity with such decision being based upon findings of any of the above stated City representative(s), that the minimum five-foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrians or vehicular traffic. (3) The permittee has failed to take positive actions to prohibit violations of this article from reoccurring. 29 iliwater THE BIRTHPACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Information Technology Update Overview: The IT Manager retired in January of 2023. Since that time, the City has been reviewing options to continue operations. Staff is anticipating hiring Terre Heiser as a part time employee of the City of Stillwater. Terre would work up to 24 hours per week and provide the attached Statement of Work for the City of Stillwater. This would be a limited term part time employment. In addition, Staff has built relationships with other potential partners for ensuring continuity of operations. IT Staff would help analyze if any additional partnerships are necessary for short term continuity of operations. Anticipated start day would be March 13tn Recommendation Review attached Statement of Work and ask any questions or provide feedback. Submitted by Terre Heiser (Former IT Manager for City of Roseville and Metro-INET Consortium — Retired 2019) This proposal is a framework of the expected budget and planning activities associated with a review of the City's current Information Technology operations. Inputs and Work Activities ➢ Conduct basic SWOT analysis of current IT function. ➢ Review IT budget (previous 5 years) ➢ Examine capital expenditures (previous 5 years) ➢ Review software licensing and 3'd party maintenance contracts ➢ Assess IT Infrastructure including the following: • Network and Computing Equipment o Desktop Computers, Notebooks, and PDAs o Network Switches, Routers, and Wireless Access o Firewalls and other Security Devices/Appliances o File and Application Servers o Storage Area Network (SAN) • Active Directory Accounts (Count of authorized user accounts) • LAN/WAN o Connected Sites o Structured Cabling (Closets, wiring, cooling, backup power) o WAN Connectivity (Fiber, Wireless, other) ■ Locates, break -fix contracts • Internet Service Provider o Contracts/Terms o Reliability/Redundancy Outcomes ➢ Engage stakeholders in creating 5-year IT Strategic Plan ➢ Update CIP to forecast equipment needs over 5/10/15 years ➢ Review and recommend IT service options based on operating needs, Strategic Plan guidelines, and Capital Improvement Plan Terms of the proposal All work would be performed under the direction of the City Administrator. If acceptable to the City, this engagement would be a regular part-time employee with a work schedule to include a combination of on -site hours required to interface with current IT staff and stakeholders as well as off -site hours creating reports and connecting with external IT service providers. A a part-time employee, the weekly schedule would be limited to no more than 24 hours per week. A weekly report of activities and time -spent would be provided in a format acceptable to the City Administrator and Finance Department. The expected hourly rate would be commensurate with the established City pay grade of the (vacant) IT Manager. Due to my status as a "return to work" Minnesota PERA retiree (under the Social Security minimum age), the 2023 income limit in a PERA-covered position is $21,240. If the time necessary to complete this work order exceeds the PERA limit, it will be necessary to make arrangements with Minnesota PERA to adjust the current monthly pension payments. Cite of 'titttuater, fliliuue5ota Proclamation WHEREAS, Colorectal cancer (CRC) is the second -leading cause of cancer deaths in the United States among men and women combined, and WHEREAS, CRC is one of the few cancers that can be preventedwith timely screening, but i in 3 eligible .Americans are not up to date on screening; and WHEREAS, The National Cancer Institute estimates that there could be as many as 4,5oo additional CRC deaths because of the drop in screening due to CO VID-19; and WHEREAS, the national goal established by the National Colorectal Cancer Roundtable is to strive to increase timely colorectal cancer screening rates to 8o percent in every community for all Americans eligible for screening; and WHEREAS, observing a Colorectal Cancer .Awareness wlonth during the month of .March wouldprovide a special opportunity to increase awareness and offer education on the importance of early detection and screening of CRC. NOW THEREFORE, I, Ted.Kozlowski, by virtue of the authority vested in me, as .Mayor of the City of Stillwater, do hereby proclaim .March 2023 Colorectal Cancer Awareness Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 7th day of .March, 2023. .Mayor 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 February 21, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Johnson City Clerk Wolf Community Development Director Gladhill Finance Director Provos Deputy Fire Chief Ballis Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Council Service Award for Gregg "Spike" Carlsen (Library Board of Trustees) Mayor Kozlowski congratulated Mr. Carlsen for serving 10+ years on the Library Board of Trustees. OPEN FORUM There were no public comments. STAFF REPORTS Public Works Director Sanders stated streets will be plowed Wednesday - Friday due to the expected February 25 snowstorm. Police Chief Mueller stated he attended the Washington County Department of Corrections community group meeting. He announced Sergeant Julien's promotion to captain. Deputy Fire Chief Ballis shared highlights of the 2023 Work Plan based on the study by Fitch & Associates. He informed the Council that live burn practice is this weekend. Motion by Councilmember Collins, seconded by Councilmember Junker, to accept the Fire Department 2023 Work Plan. All in favor. Finance Director Provos stated the preliminary audit is completed and final review will be in April. She gave an EPR software review update. City Council Meeting February 21, 2023 Community Development Director Gladhill reported on a Downtown Ideas Forum. He stated there will be a public open house about downtown parking March 8. The meeting with Sundance (development eyed for 80th and Manning) is postponed to March. City Clerk Wolf stated the February 22 meetings of the Planning Commission and the Human Rights Commission were cancelled due to weather. City Administrator Kohlmann noted that the Mayor and staff had a positive meeting with the Senate Tax Committee. CONSENT AGENDA February 7, 2023 Workshop and Regular Meeting Minutes Payment of Bills 2023-2025 Firefighters Local 1049 Labor Agreement - Resolution 2023-030 Assignment of TIF Note for TIF District 12 (Midnight Real Estate Group/Crosby Hotel) - Resolution 2023-031 Downtown Manhole Rehabilitation Project Bid Award - Resolution 2023-032 Gambling Premise License at Lift Bridge Brewery - Resolution 2023-033 Legislative Support for Washington County Heritage Center - Resolution 2023-034 Library Board of Trustees Appointment Minnesota Urban Area Security Initiative Grant for Security Cameras Downtown Parks Department Play Structure Purchase Request Raingardens Maintenance Agreement with Washington Conservation District - Resolution 2023-035 Sewer Department Purchase Request for Replacement of Televising Sewer Camera Water Utility Fund Annual Increase - Resolution 2023-036 Brick Street Drainage and Utility Easement Amendment (Zvago Senior Coop) Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CD Case No. 2022-83 Amending City Code Section 31-325 (allowable uses in non-residential districts) and City Code Section 31-101 to establish appropriate locations for indoor commercial recreation uses - Ordinance 1st Reading Community Development Director Gladhill stated that Curio Dance & School is seeking a Zoning Ordinance Text Amendment to include "Indoor Commercial Recreation" as a Permitted Use in the BP -I district and amend the existing definition to better encapsulate commercial recreation uses and create categories for indoor and outdoor. The current uses and definitions for commercial recreation are very specific and can be difficult to interpret. Staff is proposing a minor amendment to the "Commercial Recreation" definition to make it more inclusive and to differentiate indoor and outdoor uses. Staff is also proposing the creation of "Outdoor Commercial Recreation" as a conditional use in the Commercial districts. This is to help clarify where the indoor and outdoor commercial recreation will primarily be permitted and by what mechanism. The ordinance language was drafted in consultation with the City Attorney. The Planning Commission recommends approval. Page 2 of 4 City Council Meeting February 21, 2023 Mayor Kozlowski referred to a gun range proposal some years ago, and asked what other uses would this allow in that district. Mr. Gladhill replied that if the Council wishes, particular types of indoor commercial recreation may be called out as either permitted outright or with a Conditional Use Permit (CUP). A CUP allows the City to attach reasonable conditions and gather public input. Most indoor recreation uses probably are appropriate for permitted use, and do not rise to the level of a CUP. However if there are specific uses for which the Council would want a little more scrutiny, those uses could be called out individually as a Conditional Use. Councilmember Collins asked if the Planning Commission had any specific concerns, and Mr. Gladhill stated he was not aware of any; the Planning Commission felt there are already enough standards, especially with building code, to handle any life -safety issues. Councilmember Junker stated he has no issues with the dance studio at all. His only concern is the definition of permitted uses is very broad. Mayor Kozlowski requested that, between now and the second reading, staff check other communities to see if there are specific business types that should be restricted. Councilmember Collins suggested that a CUP also be required for commercial recreation uses in the CA -General Commercial District, which is spread out throughout the City. Mr. Gladhill responded that there is not much land left under CA anymore, but staff can bring that forward as an option to consider at the second reading. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt first reading of an Ordinance Amending City Code Chapter 31, Section 31-101 and Section 31-325 regarding Commercial Recreation Definitions and Business Park - Industrial Allowable Uses. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Police Department Purchase Request for Polaris Side -by -Side Vehicles using ARPA Funds Police Chief Mueller explained the vehicles would help navigate downtown especially during events. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve the purchase of Polaris Side -by -Side Vehicles using ARPA Funds. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. Page 3 of 4 City Council Meeting February 21, 2023 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 7:47 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2023-030, Approving the 2023-2025 Labor Agreement between the City of Stillwater and International Association of Firefighters Local 1049 Resolution 2023-031, Resolution Approving the Collateral Assignment of Interest in Revenue Note Resolution 2023-032, Accepting Bid and Awarding Contract for Downtown Manhole Rehabilitation Project 2022-05 Resolution 2023-033, Approving Minnesota Lawful Gambling Premise Permit for Bayport American Legion at Lift Bridge Brewing Company Resolution 2023-034, A Resolution Supporting Washington County Historical Society Request for State Grant Funds for Improvements to the Washington County Heritage Center Resolution 2023-035, Approving Agreement between Washington Conservation District and the City of Stillwater for Raingardens Maintenance Resolution 2023-036, Resolution Amending Fee Schedule Resolution 2022-172 for Water Usage Rates Page 4 of 4 iliwater THE BIRTHPACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Parking Lots and Trail Improvement Project Accept Bid & Award Contract Project 2023-04 BACKGROUND Capital Improvement projects for 2023 included three separate projects; South Main Parking Lot Reconstruction, Lily Lake Park Parking Lots (2) and Playground Access Trails for Meadowlark Park and Anez Ridge Park. The three projects were combined into one large project to increase efficiency of work and to hopefully obtain a better overall price. The budget for three projects were $525,000 and were funded from the Parks Fund and the Downtown Parking Fund. The City received six bids with the lowest bid in the amount of $357,378.70 submitted by Park Construction Company from Minneapolis, MN. The Engineer's estimate for the project was $405,000.00. RECOMMENDATION After reviewing the bids, staff recommends that the City Council accept the bids submitted for the Parking Lots and Trail Improvement Project and award the contract to Park Construction Co. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion authorizing the Mayor and Clerk to enter into contract, upon City Attorney review and adopt Resolution 2023- , ACCEPTING BID AND AWARDING THE CONTRACT FOR PARKING LOTS AND TRAIL IMPROVEMENT PROJECT. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx ACCEPTING BID AND AWARDING CONTRACT FOR PARKING LOTS AND TRAILS IMPROVEMENT PROJECT (2023-04) WHEREAS, pursuant to an advertisement for bids for the Parking Lots and Trails Improvement Project (2023-04), six bids were received by the City Engineer, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER Park Construction Company, Minneapolis, MN Miller Excavating Inc., Baytown, MN Winberg Companies, Shafer, MN Minnesota Paving & Materials, Rogers, MN Minnesota Roadways Co., Shakopee, MN Pember Companies, Menomonie, WI Engineer's Estimate and BID AMOUNT $ 357,378.70 $ 363,065.33 $ 378,446.41 $ 428,733.50 $ 436,325.00 $ 462,341.55 $ 405,000.00 WHEREAS, it appears that Park Construction Company, Minneapolis, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into contract, upon City Attorney review, with Park Construction Company, Minneapolis, Minnesota in the name of the City of Stillwater for the work on the Parking Lots and Trails Improvement Project (2023-04). Adopted by the City Council this 7th day of March 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk iliwater THE BIRTHPACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: 2023 Street Improvement — Saw Cutting Contract BACKGROUND The City council in their regular meeting on February 7, 2023 approved plans and specifications for the 2023 Street Improvement Project. The project includes removal and replacement of exiting damaged or heaved sidewalk panels. In an attempt to reduce the cost of the project, Staff has contacted Safe Step LLC, to provide a quote for shaving heaved panels rather than replacing them. Safe Step LLC conducted a field investigation and produced an estimate for all the panels they can cut and bring back to be ADA compliant, this will save time and cost less than removing and replacing these same panels. RECOMMENDATION Staff recommends approving the contract for work on the 2023 Street Improvement Project — Saw Cutting with Safe Step, LLC. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2023 STREET IMPROVEMENT PROJECT — SAW CUTTING. The Birthplace of Minnesota AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 7th day of March, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Safe Step, LLC., 130 Industrial Park Ave, Hortonville, WI 54944 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; 2023 Street Improvement Project — Saw Cutting NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 2/8/2023, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 1 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Cohl Kerkau to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Reabar Abdullah If to Contractor: Safe Step, LLC. Po Box 411 Hortonville, WI 54944 Attention: Cohl Kerkau Or e-mailed: rabdullah@ci.stillwater.mn.us Or emailed: cohl@notrippin.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk 4 CONTRACTOR SAFE STEP, LLC. By: By (Please Print): Title (Please Print): Project Description: 2023 Street Improvement Project— Saw Cutting Safe Sidewalk Sidewal Repair Proposa Presented to: Reabar Abdullah— City of Stillwater Stillwater 2023 Saw -cutting February 08, 2023 a Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. Safe Sidewalk Solutions Introduction February 08, 2023 Reabar Abdullah City of Stillwater Reabar, Thank you for the opportunity to present this proposal for sidewalk trip hazard repair based on our survey of your sidewalk area. Reframe 1. Safe Step LLC performed a site survey of all of the sidewalk on the property 2. The evaluation identified sidewalk and curb defects that presented a tripping hazard and were appropriate for saw -cutting repair based on the identification criteria outlined on page 2 3. The evaluation also identified sidewalk defects that would require alternative repair methods Notable Proposal Contents • Page 2: Evaluation criteria used to perform the survey • Page 3: Defect location map and survey summary Page 4: Cost savings analysis Page 7: Sidewalk Central user agreement Page 8: Proposal Acceptance Please let me know if you have any questions. We look forward to serving your needs. Cohl Kerkau Project Manager PO Box 411 Hortonville, WI 54944 612.910.4354 cohl@notrippin.com Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 1 Safe Sidewalk Solutions Sidewalk Evaluation Criteria Defects Appropriate for Saw -Cutting: Offset Range: 1. Minimum height: 3/8" 2. Maximum height: 1" 3. Sharp edge: NO Where an offset exists. saw -cut if: 1. Cutting to sunken panel: YES 2. Waterpooling: NO 3. Caused by tree: YES 4. Negative cross -slope: YES 5. Positive cross -slope: YES 6. Panel contains fractures: YES, no more than 2 and no gap over 1/2" wide 7. Displacement is a crack: YES 8. Panel is spalled: NO 9. Sidewalk joint is decayed: YES 10. Curbing: NO 11. Defect is on bridge structure: NO Evaluate sidewalk joints parallel to the walking path: NO Evaluate ramps for saw -cutting: NO Identified saw -cutting defect marking: Numbered with paint stick Defects Not Appropriate For Saw -Cutting Defects with an offset range exceeding the maximum above or not meeting other criteria for saw -cutting will be reported as requiring an alternative repair method. Alternative repair method defect marking: Do not mark Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 2 INSafe Sidewalk Solutions A Precision Concrete Cutting Affillote Defect Location Map The map below indicates the approximate locations of sidewalk defects suitable for saw -cutting repair. 231 , ' 23., 230 7 Sudd Trail 229* 228 226 a2nd St N tiptt tr/ { Legends Park T97 181 179 WearFoggles xT72.E7�a5 6a Ot. ] 5 is• 23Q 15 '22 7891 $..; id A e T$ hotograpParkhyr 62nd St N 62nd St N 746 1144 T 47 40338 11.1 a3 f-Staioch 9010 95 Legends Gazebo Park _-62nd•SI•N Due to the limitations of GPS mobile app technology, the locations shown above should be relied upon as approximate to their actual locations. Map Data: Google Survey Summary 1. The survey was performed on 11-23-22 2. 314 total sidewalk defects were identified 1. 191 were selected for saw -cutting totaling $16,310.17 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 3 INSafe Sidewalk Solutions A Precision Concrete Cutting Affillote Cost Savings Analysis The survey indicated that 191 trip hazards would require the removal & replacement of approximately 6,436.84 ft2 of sidewalk. At an average removal and replacement cost of $10.03/ft2, the total would be $64,561.51. The cost of saw cutting using Safe Step LLC would be $16,310.17, a savings of $48,251.34 Total Trip Hazard Repairs: 191 Remove and Replace Cost: $ 64,562 Safe Step Cost: $ 16,310 Cost Savings: $ 48,252 Saving money is important, but it's not the only thing... We use a patented system to remove the unwanted concrete and leave behind an ADA compliant (12:1) slope. In fact, we can repair a trip hazard in about 20 minutes from start to finish. So there's no need to close off the area or tear up any sidewalks. And our equipment is lightweight. The whole system fits inside of a 3' sidewalk. This prevents damage to surrounding lawns or landscaping. Our technicians are experts at repairing sidewalks. But they're also encouraged to communicate with any residents who have questions. ENVIRONMENTAL IMPACT EXAMPLE: As a member of the U.S. Green Building Council (USGBC) we are proud of the fact that we reduce the impact to landfills and the environment as a result of our service. Removing and replacing 100 panels would result in approximately 118,500 pounds or 59 tons of concrete being removed (average panel weight of 1185 pounds) Using Precision Concrete Cutting for 100 trip hazards results in 0.3 tons of concrete removed and recycled, approximately 141 gallons of gasoline saved, and a reduction of 1.3 metric tons of Co2. Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 4 Safe Sidewalk Solutions The Safe Step Approach Specifications 1. Repairs will be tapered to a 1:12 slope ratio and taken to a zero point of differential between adjoining sidewalk panels along the full width of the sidewalk, in accordance with ADA standards. 2. Repairs shall have a smooth and uniform finish with a coefficient of friction meeting OSHA requirements and shall not impact adjoining sidewalks, driveways, landscaping, or other objects within the vicinity of the work. 3. In instances where sidewalk conditions do not permit a 1:12 slope ratio, repairs will be made with the shallowest slope possible for the given sidewalk condition. Clean-up 1. All saw -cutting will be performed without water-cooling; No slurry will be created eliminating the risk of "tracking" and run-off water contamination. 2. Saw mounted dust abatement systems will be used to minimize airborne dust. Containment systems are designed for fine dust applications. 3. Debris and concrete shall be cleaned from the sidewalk surface as well as surrounding rails, sidewalks, driveways, landscaping, or other objects within the vicinity of the work. III Reporting 1. Upon completion of the project, Safe Step LLC will provide a detailed and audit -able report. This report will include the street address or location, dimensions, and GPS coordinates of each repair made. 2. An invoice for payment will be provided when the projected has been completed. Payment in full is due 30 days from the date of invoice. Late payments may be subject to a $30 re -billing fee. ® Safety and Insurance 1. Safe Step LLC employees who work directly in slab displacement repair undergo a rigorous training process with emphasis on safe work practices, OSHA -approved personal protection equipment, and quality workmanship. It is not uncommon for our clients to receive unsolicited compliments on our safety practices and the quality of the work performed. 2. Safe Step LLC is fully licensed and insured. Proof of auto, liability, and workers compensation insurance are available upon request. Proprietary Technology 1. Safe Step LLC is the only entity in Wisconsin, Northern Illinois, and Southeast Minnesota authorized to use the Precision Concrete Cutting method for removing sidewalk trip hazards as described by the following patent numbers: U.S. Pat. No. 6,827,074, U.S. Pat. No. 7,000,606, U.S. Pat. No. 7,143,760, U.S. Pat. No. 6,896,604, U.S. Pat. No. 7,201,644, U.S. Pat. No. 7,402,095. These patents refer to the equipment, methods, and dust abatement systems used by Safe Step LLC. A sole source letter is available upon request. Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 5 Neil A PreC,Slon Concre[e Cutting Affiliate Our Result Safe Sidewalk Solutions Before Before After Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 6 Safe Sidewalk Solutions Sidewalk Central User Agreement This user agreement is between Safe Step LLC and authorized users and by extension their organization or employer. By entering into this agreement, you as the user, agree to the following: 1. You agree that 'Sidewalk Central' and `Project Insight' (hereafter called 'Software') are applications designed, developed and are the Intellectual Property of Safe Step LLC, in both design and utility, for the exclusive use of Safe Step LLC and our customers and that this portion of the agreement survives beyond the termination of user access to Software. 2. You agree that you are acting on behalf of your employer or organization and your agreement to these terms and conditions are made by you and on behalf of your employer or organization. 3. You agree not to disclose the functions, layout, design considerations, or any other aspect of our Intellectual Property to any company, entity, or individual who is not an authorized user of Software, or who is not covered by terms of this agreement 4. You agree that this agreement is deemed to have been executed in the State of Wisconsin and is governed in accordance with the laws of the State of Wisconsin. 5. You agree to keep confidential your password, and login information granted to you by Safe Step LLC. 6. You agree not to share any unsecured links that may provide a pathway into Software. 7. You agree that on -going access and permissions to Software is at the sole discretion of Safe Step LLC and our employees or representatives. ti Reabar Abdullah Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 7 INSafe Sidewalk Solutions A Precision Concrete Cutting Ai -plate Proposal Acceptance Financial Parameters 1. Financial Parameters 1. The total cost of the reporting and saw -cutting repairs will not exceed $16,310.17 2. Safe Step LLC will accept full responsibility for any project cost overage, provided that the scope of the project is not altered once the project begins. Any requested change in scope will be fully discussed and approved by the City of Stillwater prior to the start of the work on the revised area. If this proposal is acceptable, please complete and sign below. We will contact you upon receiving this form to schedule your project. Cost: $16,310.17 Proposal #: 201484 Due to the ongoing supply chain issues and labor availability, the pricing in this proposal is only valid until March 08, 2023. Billing Contact Name: Billing Email Address: PO Number: Approved by: Contact :mail PO Number (Optional) Does this project require prevailing wage?: Approved by Signed: Reabar Abdullah Client Notes: Title: Date: Yes/No Date Signed Use this form to provide us with any other information we may need to know. For a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the above signed hereby agrees to defend, indemnify, and hold contractor harmless with respect to any and all liability whatsoever arising from contractor's activities in attempting to repair concrete sidewalk and other slabs owned by the above signed or within the above signed's dominion and control, and to defend, indemnify, and hold harmless contractor with respect thereto. Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com • www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Stillwater personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 8 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager Honorable Mayor and City Councilmembers SUBJECT: 2023-2025 Labor Agreement between City of Stillwater and AFSCME Minnesota Council 5 Local 517 DISCUSSION The City of Stillwater and the American Federation of State, County and Municipal Employees Minnesota Council 5, Local 517 have concluded negotiations for a successor labor agreement for 2023, 2024 and 2025. The AFSCME membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration: Three (3) year agreement January 1, 2023 through Dec. 31, 2025 • Wages: 3% general wage adjustment 2023, 3°/0 general wage adjustment 2024, 3% general wage adjustment 2025 • Health Insurance: Increase monthly employer contribution for the plan by $15.14 per month in 2023, $15 per month in 2024, and $15 per month in 2025 • Sick Leave: Allow use of accrued sick leave during the first six (6) months of employment • General Provisions: $40 increase to employee reimbursement of safety shoes • Holidays: Consistent with the amendment to Minnesota Statute 645.44, subd. 5, employees shall be entitled to the Juneteenth holiday effective in 2024 ACTION REQUESTED The proposed Labor Agreement between the City of Stillwater and AFSCME Council 5 Local 517 is consistent with direction from City Council for labor negotiations. AFSCME Council 5 Local 517 membership has approved the 2023-2025 labor agreement. Increased contract costs are included in the 2023 budget. Therefore, staff recommends adoption of the resolution entitled "Approving the 2023-2025 Labor Agreement between the City of Stillwater and American Federation of State, County and Municipal Employees Minnesota Council 5 Local 517." City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx APPROVING THE 2023-2025 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES MINNESOTA COUNCIL 5 LOCAL 517 BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2023-2025 Labor Agreement between the City of Stillwater and the American Federation of State, County and Municipal Employees Minnesota Council 5 Local 517, as on file with the City Clerk, is hereby approved including the following changes: • Contract Duration: Three (3) year agreement January 1, 2023 through Dec. 31, 2025 • Wages: 3% general wage adjustment 2023, 3% general wage adjustment 2024, 3% general wage adjustment 2025 • Health Insurance: Increase monthly employer contribution for the plan by $15.14 per month in 2023, $15 per month in 2024, and $15 per month in 2025 • Sick Leave: Allow use of accrued sick leave during the first six (6) months of employment • General Provisions: $40 increase to employee reimbursement of safety shoes • Holidays: Consistent with the amendment to Minnesota Statute 645.44, subd. 5, employees shall be entitled to the Juneteenth holiday effective in 2024 BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 7th day of March, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT BETWEEN CITY OF STILLWATER And AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES MINNESOTA COUNCIL NO. 5, LOCAL 517 AFL-CIO JANUARY 1, 2023 - DECEMBER 31, 2025 TABLE OF CONTENTS Article Page ARTICLE 1. PURPOSE OF AGREEMENT 2 ARTICLE 2. RECOGNITION 2 ARTICLE 3. UNION SECURITY 2 ARTICLE 4. HOURS OF WORK 3 ARTICLE 5. PART-TIME EMPLOYEES 3 ARTICLE 6. HOLIDAYS 4 ARTICLE 7. SICK LEAVE 5 ARTICLE 8. VACATION 7 ARTICLE 9. SEVERANCE PAY 8 ARTICLE 10. LEAVES 8 ARTICLE 11. WAGES 9 ARTICLE 12. OVERTIME 10 ARTICLE 13. GRIEVANCE PROCEDURES 10 ARTICLE 14. SENIORITY 12 ARTICLE 15. WORK FORCE 12 ARTICLE 16. INSURANCE 13 ARTICLE 17. GENERAL PROVISIONS 14 ARTICLE 18. SAVINGS CLAUSE 15 ARTICLE 19. EMPLOYER AUTHORITY 15 ARTICLE 20. EMPLOYEE RIGHTS 15 ARTICLE 21. DISCIPLINE 15 ARTICLE 22. WAIVER 16 ARTICLE 23. TERMINATION 16 APPENDIX A 18 APPENDIX B 19 APPENDIX B 1 20 EXHIBIT C WORKING OUT OF CLASS PAY 21 EXHIBIT D POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 23 EXHIBIT E DRUG AND ALCOHOL TESTING AGREEMENT 25 EXHIBIT F EXEMPT EMPLOYEES AGREEMENT 26 EXHIBIT G MEMORANDUM OF UNDERSTANDING -ON -CALL PAY FOR MIS SPECIALIST 27 AFSCME Labor Agreement Page 1 AGREEMENT BETWEEN CITY OF STILLWATER And AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES MINNESOTA COUNCIL NO. 5, LOCAL 517 AFL-CIO ARTICLE 1. PURPOSE OF AGREEMENT This agreement is entered into between the City of Stillwater, hereafter called the EMPLOYER, and MN Council 5, Local 517, American Federation of State, County and Municipal Employees, hereinafter called the UNION. The intent of and purpose of this agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality public service. Both parties recognize this AGREEMENT as a pledge of this decision. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative in a unit defined as: All employees of the City of Stillwater who are public employees within the meaning of Minnesota Statutes 179A.03, Subd. 14 excluding supervisory and confidential employees, essential employees, employees of the Stillwater Public Library Board and all employees of the Public Works Depattiitent and Parks and Recreation Depatlinent. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. AFSCME Labor Agreement Page 2 ARTICLE 3. UNION SECURITY 3.1 The EMPLOYER agrees to deduct the UNION dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a designated representative of the UNION, and the aggregate deductions of all employees shall be remitted together with an itemized statement, to the designated representative by the first of the succeeding month, after such deductions are made. 3.2 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this article. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The EMPLOYER agrees to allow electronic communications and make space available on the EMPLOYER bulletin board for the posting of official UNION notice(s) and announcements. ARTICLE 4. HOURS OF WORK 4.1 The sole authority in work schedules is the EMPLOYER. The normal workday for a full- time employee shall be eight (8) hours. The normal workweek for a full-time employee shall be forty (40) hours, Monday through Friday. 4.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, or seasonal or annual basis other than the normal work schedule. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of workdays different from the employee's normal work schedule. 4.3 All employees shall be scheduled a one-half (1/2) hour unpaid lunch break. 4.4 All employees work schedules shall provide for at least one 15-minute rest period during each one-half shift. The rest period shall be scheduled at the middle of each one-half shift, whenever possible. Employees who are authorized to work beyond their regular quitting time shall receive a rest period if one is necessary due to length of overtime authorization. 4.5 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal workday be scheduled to work more than the workday. Each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. ARTICLE 5. PART-TIME EMPLOYEES 5.1 Part-time employees shall be eligible to earn all employee benefits on a pro rata basis according to the following schedule provided that such employees work regularly AFSCME Labor Agreement Page 3 scheduled hours in each pay period, as opposed to being subject to call or to work when available. Average Work Hours Per Week Pro Rate Percentage of Benefits 14 — 24 50 percent 25 — 35 75 percent 36 or more 100 percent 5.2 Part-time employees shall be paid an hourly rate computed by dividing the full-time annual rate for which they would be eligible by 2,080 hours. 5.3 Part-time employees who become full-time employees shall be given credit for a forty (40) hour workweek for determining the salary step based on the length of service. 5.4 Employees employed by the employer on a seasonal or temporary basis for not more than 67 work days per calendar year either in a full time or part time capacity (more than 14 hours per week) will be paid a rate to be determined by employer for the term of their employment. Such employees will not be eligible for any benefits under this agreement. ARTICLE 6. HOLIDAYS 6.1 Holidays with pay are as defined: New Year's Day Martin Luther King Day Washington and Lincoln's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Floating Holiday Christmas Eve Day or New Year's Eve Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 One per year December 24 or December 31 Any Employee required to work on any of the defined holidays as noted in Article VI, 6.1, shall be granted an additional 1-1/2 times Employee's base pay in addition to holiday pay. Employees shall be eligible for holiday pay provided they are on paid status on the day before and the day after the holiday. Consistent with the amendment to Minnesota Statute 645.44, subd. 5, employees shall be entitled to the Juneteenth holiday effective in 2024. 6.2 When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. AFSCME Labor Agreement Page 4 6.3 Christmas Eve or New Year's Eve will be a split work force. The schedule for these two (2). holidays to be approved by the Department Head. 6.4 During the first calendar year of employment any new employee must be hired before June 30th to be eligible to receive the floating holiday. Any new employee hired after June 30th shall be eligible to receive one-half (1/2) floating holiday. ARTICLE 7. SICK LEAVE 7.1 Sick leave shall be earned by full-time employees at the following rates: (a) From six (6) months to one (1) year, one (1) week at full pay. (b) From one (1) year to two (2) years, one (1) additional day per month. (c) From two (2) to five (5) years, 8.5 weeks at full pay. (d) From (5) to ten (10) years; 19.5 weeks at full pay. (e) From ten (10) to fifteen (15) years, 32.5 weeks at full pay. (f) From fifteen (15) to twenty years, 39 weeks at full pay. (g) From twenty (20) to twenty-five (25) years, 45.5 weeks at full pay. (h) Over twenty-five (25) years, 52 weeks full pay. A week shall be considered to be five (5) working days. Sick leave benefits shall accrue on the January 1st immediately preceding the anniversary date of employment. 7.2 Sickness disability benefits usage shall be subject to the following conditions: (a) An employee may use the full entitlement only once annually. (b) Any days used by an employee must be replaced at the following earning rate: employees shall earn sickness disability leave at the rate of sixteen (16) hours for each month worked. (c) Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rata basis each month with no earn back of leave for that portion of sick leave used during the month. (d) Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. For all employees hired by the City on or after January 1, 2019, full-time employees will accrue eight (8) hours sick leave per month up to a maximum of 1,040 hours. Sick leave may be accumulated up to a maximum of 1,040 hours. Up to a maximum of 1,040 hours of unused sick leave benefits shall be granted as severance pay upon retirement due to age AFSCME Labor Agreement Page 5 or physical disability to employee having completed not less than ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, or employee's estate shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. Employees hired on or after January 1, 2019 shall not be covered by Section 7.1(a-h), 7.2(a-d) and Article 9, sections 9.2 - 9.3. 7.3 Sick leave may be authorized for the following reasons with the limitations as specified: (a) For illness or injury, dental or medical treatment for the employee. Sick leave usage by the employee may be subject to approval by the Department Head. The EMPLOYER may require verification for an absence of three days or more, from a recognized medical authority attesting to the necessity of the leave, ability to return to duty or other information deemed necessary. (b) In the event a pregnant employee elects to resign her employment because of pregnancy, such employee will be paid for accumulated sick leave up to but not exceeding 15 work days. (c) Sick leave use for serious illness of the employee's spouse, minor children or employee's parents living in the household shall be as established in the City's personnel policy or as authorized by Minnesota Statute 181.9413, as amended. 7.4 Should illness occur while an employee is on vacation the period of illness may be charged to sick leave and the charge to vacation reduced accordingly. An employee requesting such a change may be required to submit a written statement from a physician attesting to illness and the period of disability. 7.5 Any employee receiving worker's compensation benefits because of job connected injury or sickness shall, if he/she assigns his check to the City receive full wages for that period. Or, if any employee is receiving worker's compensation benefits and does not assign his/her check, he/she will be paid for the difference between worker's compensation allowance and his/her regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by worker's compensation insurance. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave of absence when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his/her disability, but shall receive no service credit for the period of absence. AFSCME Labor Agreement Page 6 ARTICLE 8. VACATION 8.1 All full-time employees shall be entitled to the following vacation schedule: 0 - 12 months 1 - 3 years 4 - 9 years 10 - 14 years After 15 years 5/6 days per month 10 days per year 15 days per year 20 days per year One (1) additional day for each year up to twenty years for a maximum of 25 days 8.2 Vacations shall be granted at the time requested by the employee upon approval of Department Head. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greater departmental seniority shall be given his choice of vacation period. 8.3 If a holiday occurs during the calendar week in which a vacation is taken by an employee, the employee's vacation used shall be reduced by one work day. 8.4 Any employee who is laid off, discharged, retired or separated from the service of the EMPLOYER for any reason, prior to taking his vacation, shall be compensated in cash for the unused vacation he has accumulated at the time of separation. 8.5 Vacation may be taken in increments of less than a day with the approval of the Department Head. 8.6 Vacation time can be accumulated up to eighty (80) hours and used in the following year. Vacation in excess of eighty (80) hours at the end of the year shall be paid on the second (2nd) payday in January at the rate of pay in effect at the end of the previous year. On an annual basis, employees may voluntarily elect to cash -out in excess of 80 hours of vacation. The written election is irrevocable in nature and must be made on or before December 15 in the calendar year prior to the cash -out taking place. 8.7 Vacation shall accrue on January 1st immediately preceding the anniversary date of employment. 8.8 An employee wishing to donate vacation hours may donate up to 40 hours of accrued vacation per calendar year to one or more City of Stillwater employees who are experiencing a catastrophic medical emergency involving illness or injury or who are providing care for a spouse or dependent child who has incurred a life -threatening illness/injury. A recipient's eligibility based on catastrophic medical emergency is determined by the City Administrator of his/her designee. Procedure for employees wishing to donate accrued vacation to another city employee(s) shall be in accordance with the City of Stillwater HR Policy Resolution No. 2001-178 as AFSCME Labor Agreement Page 7 adopted by the City Council and updated September 17, 2009 Section 10-2A Vacation Time Donation. ARTICLE 9. SEVERANCE PAY 9.1 All permanent employees who leave the employment of the City because of retirement, resignation or death shall receive pay for 100 percent of unused accrued vacation and compensation time. 9.2 All permanent employees who retire due to age or physical disability and are eligible to receive PERA retirement benefits, shall receive one-half of unused disability benefits providing he or she had been employed with the City in a permanent, full time position for a period of not less than ten (10) years. 9.3 In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, or employee's estate shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability as above provided. ARTICLE 10. LEAVES 10.1 Funeral Leave (a) An employee shall be granted a paid funeral leave of up to three (3) working days in each case of death of the immediate family. Immediate family shall be defined as the employee's spouse, children, parents, siblings, grandparents, grandchildren and shall include parents and siblings of the employee's spouse. Such leave shall not be deducted from any other accumulated leave. Additional leave days may be granted by Human Resources, should the circumstances warrant the additional days. (b) One day with pay shall be allowed in the event an employee is selected to be a pallbearer in a funeral. (c) Emergency leave with pay for individuals not specified in 10.1 a. shall be as specified in the City's personnel policy. 10.2 Employees shall be granted a leave of absence with pay any time they are required to report to jury duty or jury service. All fees shall be returned to the EMPLOYER except those paid for duty on the Employee's normal day off and those for meals and mileage. Any hours not on jury duty shall be worked. 10.3 Notice. An employee using jury duty or funeral leave shall notify the EMPLOYER of such intent as soon as the necessity of such leave is known. 10.4 Unpaid leaves for a limited period, not to exceed six months, may be granted for any reasonable purpose, and such leaves may be extended or renewed for any reasonable AFSCME Labor Agreement Page 8 period. Employees shall submit a written request for personal leave to the City Council. All personal leaves shall be without compensation. (a) Application for Leave. Any request for a leave of absence without pay shall be submitted in writing by the Employee to the EMPLOYER or his designee. The request shall state the reason the leave is being requested and the length of time off the employee desires. (b) Employees shall be returned to the position in their department if the leave is for sixty (60) days or less and to their classification in their department if the leave is in excess of sixty (60) days. 10.5 UNION Business. Employees elected to a Local UNION office or selected by the UNION to do work which takes them from their employment with the EMPLOYER, shall at the written request of the UNION be granted a leave of absence. 10.6 Maternity. Maternity leave, not to exceed six (6) months, shall be granted at the request of the Employee. 10.7 Educational. Leave of absence shall be granted in accordance with the personnel regulations. ARTICLE 11. WAGES 11.1 Employees shall be paid in accordance with the attached salary schedule marked Appendix A and B (Monthly Salary Schedule). Effective 1/1/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined. See attachment. Employees whose 12/31/16 base wage and longevity pay combined exceed the new Step 11 shall have their wage rate red circled and receive a 2.25% wage adjustment in a non - base lump sum payment for 2017 when back -wages are issued following execution of the Agreement, and a 2.5% wage adjustment in a non -base lump sum payment on or about January 1, 2018. Non -base lump sum payment calculated on employee's actual wage and not Step 11 wage. Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following employee's anniversary date in their current classification. 11.2 An Employee who is called to duty during the employee's scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or early report to a scheduled shift for duty does not qualify for the two (2) hour minimum. AFSCME Labor Agreement Page 9 11.3 Employees who are required to work exclusively at a higher classification in this bargaining unit shall receive working out of classification pay as provided for in Exhibit "C". 11.4 In the event an employee is promoted to a higher classification, the employee will be placed on the step in the designated grade of the higher classification that is at least a 5% increase in the employee's current salary. ARTICLE 12. OVERTIME 12.1 Time and one-half the employee's regular hourly rate of pay shall be paid for work performed in excess of the normal workweek of forty (40) hours. Compensated leave shall be considered worked hours for the purpose of determining eligibility for overtime compensation. 12.2 Distribution. Overtime work shall be distributed as equally as practical to qualified employees. 12.3 Overtime shall be calculated to the nearest fifteen (15) minutes. 12.4 Employees who elect to take compensatory time off in lieu of overtime pay, shall earn compensatory time at the rate of time and one-half. Compensatory time off shall be scheduled at the mutual convenience of the employer and employee. Employees shall not be allowed to accrue more than forty (40) hours of compensatory time or carry over more than forty (40) hours of compensatory time into the next calendar year without permission of employee's supervisor. ARTICLE 13. GRIEVANCE PROCEDURES 13.1 Definition of Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of specific terms and conditions of this agreement. An employee has the right to have UNION representation. 13.2 Organization Representatives. The City will recognize representatives designated by the UNION as the grievance representative of the bargaining unit having the duties and responsibilities established by this article. 13.3 Processing of Grievance. The aggrieved employee's representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and employee representative has notified the designated supervisor. 13.4 Grievance Procedure. Grievances shall be processed in the following manner: Step 1. The UNION Steward, with or without the employee, shall take up the grievance or dispute with the employee's immediate supervisor within ten (10) days of the employee's knowledge of its occurrence. The supervisor shall respond within five (5) workdays. AFSCME Labor Agreement Page 10 Step 2. If the grievance is not settled in Step 1, it shall be referred in writing to the City Council, or their designee, within ten (10) working days after the designated supervisor's answer in Step 1. The EMPLOYER representative shall discuss the grievance within ten (10) working days with the employee and the UNION representative at a time mutually agreeable to the parties. If the grievance is settled as a result of such a meeting, the settlement shall be reduced in writing and signed by the EMPLOYER representative and the UNION. If no settlement is reached, the EMPLOYER representative shall give written answer to the UNION within ten (10) days following their meeting. Step 3. If the grievance is not settled in Step 2 and the UNION desires to appeal, it shall be referred by the UNION in writing to the City Council or their designee within ten (10) working days after the EMPLOYER's response in Step 2. A meeting between the City Council or their designee, and the UNION shall be held at a time mutually agreeable to the parties. If the grievance is settled as a result of such a meeting, the settlement shall be reduced to writing and signed by the City Council or their designee and the UNION. If no settlement is reached, the City Council or their designee shall give written answer to the UNION within ten (10) working days following the meeting. Step 4. Arbitration. If the grievance is not settled in accordance with the foregoing procedure, either party may refer the grievance to arbitration within ten (10) working days after the UNION's receipt of the EMPLOYER's written answer in Step 3, as provided in Minnesota Statutes, Section 179.70. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. (a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of the contract. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the City and the Employee and the UNION, and shall have no authority to make a decision on any other issue not so submitted. (b) The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs, by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in anyway, the application of laws, ordinances or rules and regulations having the force and effect of law. The decision shall be based solely on the arbitrator's interpretation of application of the express terms of the Agreement and to the facts of the grievance presented. The parties may, by mutual written agreement agree to submit more than one grievance to the arbitrator provided that each grievance will be considered as a separate issue and each on its own merit. (c) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the City and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided AFSCME Labor Agreement Page 11 it pays for such a record. If both parties desire a verbatim record of the proceedings, the costs shall be shared equally. 13.5 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER's last answer. If the EMPLOYER does not answer a grievance or an appeal therefore within the specified time limits or any agreed to extension, the employee and the UNION may elect to treat the grievance as denied at that step and appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the City and the UNION in each step. The term "working days" as used in this Article shall mean the days Monday through Friday, inclusive, exclusive of holidays. 13.6 Record. All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). ARTICLE 14. SENIORITY 14.1 Seniority means an employee's length of continuous service with the City and by job classification. 14.2 The EMPLOYER shall provide to the UNION a seniority list showing the continuous service of each employee upon the UNION's request. The UNION shall only be permitted to make two (2) requests in any calendar year. 14.3 Breaks in Continuous Service. An employee's continuous service record shall be broken by voluntary resignation, discharge for just cause and retirement. 14.4 Probationary Periods. (a) All newly hired or rehired employees will serve a twelve (12) month probationary period. (b) All employees will serve a twelve (12) month probationary period in any job classification in which the employee has not served a probationary period. During the probationary period, an employee may return to their previously held position, provided that both job classifications are within this bargaining unit. (c) At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. ARTICLE 15. WORK FORCE 15.1 Any vacancy or newly created position in a department will be posted in a conspicuous place in all departments where employees within the bargaining unit work and will be emailed to the Union Stewards. Such notice shall be posted for at least five (5) workdays prior to filling such vacancy or newly created position. Whenever practicable, vacancies shall be filled from among the present employees in the department, giving first consideration to seniority and qualification. If it becomes necessary in filling a vacancy to AFSCME Labor Agreement Page 12 bypass an employee's seniority, reasons for said denial shall be given in writing to such employee. No vacancy shall be reduced in classification by the EMPLOYER without first being offered in the bidding process. 15.2 A reduction of the work force will be accomplished on the basis of seniority and job classification provided all probationary and temporary employees in the classification(s) where the lay off occurs are laid off first. In the event of layoffs or a reduction of the work force, employees may exercise their seniority rights to a job classification of a higher, the same or lower pay within the bargaining unit provided that all job relevant qualifications between employees are equal. 15.3 Employees shall be recalled from layoff according to seniority and job classification. No new employee shall be hired for a job classification which a layoff has occurred until all employees on layoff status within that job classification have been given ample opportunity to return to work within twenty-four (24) months of said layoff. The City will notify employees on layoff to return to work by registered mail at the employee's last recorded address. The employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for reemployment. ARTICLE 16. INSURANCE 16.1 Single Coverage. The EMPLOYER will provide the full single health insurance premium for the base plan for employees who elect single coverage. 16.2 Dependent Coverage. (a) Effective January 1, 2023, the EMPLOYER will contribute up to a maximum of $1,277.00 per month per employee who elects dependent health insurance coverage. (b) Effective January 1, 2024, the EMPLOYER will contribute up to a maximum of $1,292.00 per month per employee who elects dependent health insurance coverage. (c) Effective January 1, 2025, the EMPLOYER will contribute up to $1,307.00 per month, per employee, toward group health insurance coverage, for dependent coverage. (d) In no event shall the EMPLOYER contribute more than the premium cost. 16.3 Life Insurance. The City shall provide a $30,000 life insurance policy for permanent full time employees until age 70. After age 70, the policy shall be reduced by 50% and terminate at retirement. 16.4 Post -Retirement Coverage. Employees hired prior to December 31, 1988 and who retire after 10 continuous years of City service and who are eligible to receive PERA benefits shall be allowed to continue their medical insurance coverage at City expense until their death. If said employee provided dependent coverage for his/her spouse prior to his/her retirement, the City shall pay said dependent's coverage until death. AFSCME Labor Agreement Page 13 16.5 Committee. The EMPLOYER agrees it will create a labor management committee for the purposes of discussing insurance renewal and plan design. The UNION shall appoint a representative of the AFSCME Local 517 City of Stillwater to attend the committee meeting. The City will endeavor to schedule such meetings during work hours so that no loss of pay occurs, but shall not be subject to overtime payment if said meetings are at other hours. 16.6 Affordable Care Act. In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer. ARTICLE 17. GENERAL PROVISIONS 17.1 Neither the UNION nor the EMPLOYER shall discriminate against any employee because of UNION membership or non membership, nor because of age, race, creed, gender, color, religious belief, sexual or affectional preference. 17.2 The EMPLOYER agrees to recognize stewards and alternates as certified by the UNION subject to the following stipulations: (a) Employee UNION officers shall be granted a reasonable amount of time off without pay during work hours for union business, provided they notify their designated supervisor. (b) Non -employee representatives of the UNION shall be permitted to come on the premises of the EMPLOYER for the purpose of investigating and discussing grievances if they first notify the EMPLOYER's designee and provided the UNION representative does not interfere with the work of the employees. 17.3 Work Rules. The EMPLOYER shall have the right to establish work rules and personnel policies which shall be equitably and uniformly applied. Prior to the effective date, any work rule or policy shall be posted on all bulletin boards for a period of ten (10) consecutive workdays. In addition, copies shall be furnished to the UNION, and when effective, all existing rules and policies shall be furnished to all employees. New employees shall be furnished a copy of all work rules when hired. 17.4 City will provide all training required by the City at City expense. 17.5 Any subject matter placed in the Employee's personnel file which could be detrimental to the Employee's future promotion, transfer, present or future employment, shall be served upon the Employee in writing. Such matter shall be a proper subject for the grievance procedure. All materials in any Employee's file shall be available for the Employee's inspection. 17.6 The EMPLOYER shall provide required uniform articles and equipment to Secretary/Dispatchers and Community Service Officers. AFSCME Labor Agreement Page 14 17.7 The EMPLOYER shall provide City logo jacket and shirts for Building Inspectors and Engineer Techs. 17.8 Effective January 1, 2023, the City shall reimburse Building Inspectors, Engineer Techs, Facilities Manager and Natural Resources Technician, up to $200.00 each for the first time purchase of an approved winter and summer type safety shoe. Thereafter, said employees shall be reimbursed one hundred percent (100%) of the cost, not to exceed $200.00 for the replacement of said safety shoes due to normal wear and tear or damage that is not due to negligence or careless action of the Employee. ARTICLE 18. SAVINGS CLAUSE Should any article, section or portion thereof, of the Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified article, section or portion thereof directly specified in the decision; upon the issuance of such a decision, the parties agree immediately to negotiate a substitute for the invalidated article, section or portion thereof. ARTICLE 19. EMPLOYER AUTHORITY 19.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial functions not specifically limited by this Agreement. 19.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. 19.3 Prior to contracting out or subcontracting any work performed by Employees covered by the Agreement, the City agrees to meet and confer with the UNION to discuss possible ways and means to minimize the elimination of positions covered by this Agreement. ARTICLE 20. EMPLOYEE RIGHTS 20.1 Employees shall have the right, freely and without fear to penalty or reprisal by the EMPLOYER to join and participate in the UNION. 20.2 Employees choosing to participate in the internal affairs of the UNION as an officer, steward or other capacity, may do so without fear of reprisal by the EMPLOYER for such participation consistent with the Employee's job duties and responsibilities and the provisions of this contract. ARTICLE 21. DISCIPLINE 21.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one of the following forms: AFSCME Labor Agreement Page 15 (a) Oral reprimand; (b) Written reprimand; (c) Suspension; (d) Demotion; or (e) Discharge. 21.2 Suspensions, demotions, and discharges will be in written form. 21.3 Written reprimands, notices of suspension, notices of demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 21.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 21.5 Employees will not be questioned concerning an investigation of the disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 21.6 Grievances relating to this Article shall be initiated by the UNION at step 3 of the grievance procedure under Article XIII (Grievance Procedures) of this AGREEMENT. ARTICLE 22. WAIVER This Agreement shall represent the complete Agreement between the UNION and the EMPLOYER. The parties acknowledge that during the negotiations which resulted in the Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the EMPLOYER and the UNION, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement or with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. ARTICLE 23. TERMINATION This Agreement shall be effective as of the first day of January 2023 and remain in full force and effect through the 31 st day of December 2025. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by November 1st that it desires to modify this Agreement. This Agreement shall remain in full force and effect during the period of negotiations or until notice of termination of the Agreement is provided to the other party in the manner set forth in the following paragraph. AFSCME Labor Agreement Page 16 In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date. The termination date shall not be before the anniversary date set forth in the preceding paragraph. IN WITNESS WHEREOF, the parties hereto have set their hands this day of 2023. For the City of Stillwater For AFSCME Council 5 Local 517 , Mayor , Field Representative ATTEST: , City Clerk , State Field Director , Negotiation Team , Negotiation Team AFSCME Labor Agreement Page 17 APPENDIX A AFSCME 2023 Annual Base Pay Structure 3% General Wage Adjustment Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6,i1 Step 7 44.0tep 8 4 $4,115 $4,238 $4,365 $4,496 $4,631 $4,770 $4,913 $5,061 $5,213 $5,369 $5,530 Administrative Assistant 5 Building Permit Technician $4,485 $4,620 $4,758 $4,901 $5,048 $5,200 $5,356 $5,516 $5,682 $5,852 $6,028 Community Service Officer Community Service Officer -Parking 6 Senior Accounting Clerk $4,889 $5,036 $5,187 $5,342 $5,502 $5,668 $5,838 $6,013 $6,193 $6,379 $6,570 Accounting Specialist Data Specialist Fire Services Specialist Payroll HRTechnician Asst. Building Inspector Community Resource Officer Engineering Tech III 7 Assistant Planner $5,329 $5,489 $5,653 $5,823 $5,998 $6,178 $6,363 $6,554 $6,750 $6,953 $7,162 Building Inspector Code Enforcement Technician GISTechnician IS Technician Natural Resources Technician Project Coordinator 8 Engineer Tech IV $5,808 $5,983 $6,162 $6,347 $6,537 $6,734 $6,936 $7,144 $7,358 $7,579 $7,806 MIS Specialist 9 Assistant Finance Director $6,785 $6,989 $7,198 $7,414 $7,637 $7,866 $8,102 $8,345 $8,595 $8,853 $9,119 Facilities Manager Planner II AFSCME Labor Agreement Page 18 APPENDIX B AFSCME 2024 Annual Base Pay Structure 3%GeneralWageAdjustment ilk Step 1 Ste" Step 3 Step 4 Step 5 Step 6jIStep 7 Step 8 Step 9 Step 10 Step 11 4 $4,238 $4,365 $4,496 $4,631 $4,770 $4,913 $5,061 $5,213 $5,369 $5,530 $5,696 Administrative Assistant 5 Building Permit Technician $4,620 $4,758 $4,901 $5,048 $5,200 $5,356 $5,516 $5,682 $5,852 $6,028 $6,209 Community Service Officer Community Service Officer -Parking 6 Senior Accounting Clerk $5,036 $5,187 $5,342 $5,502 $5,668 $5,838 $6,013 $6,193 $6,379 $6,570 $6,767 Accounting Specialist Data Specialist Fire Services Specialist Payroll HRTechnician Asst. Building Inspector Community Resource Officer Engineering Tech III 7 Assistant Planner $5,489 $5,653 $5,823 $5,998 $6,178 $6,363 $6,554 $6,750 $6,953 $7,162 $7,376 Building Inspector Code Enforcement Technician GIS Technician IS Technician Natural Resources Technician Project Coordinator 8 Engineer Tech IV $5,983 $6,162 $6,347 $6,537 $6,734 $6,936 $7,144 $7,358 $7,579 $7,806 $8,040 MIS Specialist 9 Assistant Finance Director $6,989 $7,198 $7,414 $7,637 $7,866 $8,102 $8,345 $8,595 $8,853 $9,119 $9,392 Facilities Manager Planner II AFSCME Labor Agreement Page 19 APPENDIX B 1 AFSCME 2025 Annual Base Pay Structure 3%General Wage Adjustment Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step S Step 9 Step 10 Step 11 4 $4,365 $4,496 $4,631 $4,770 $4,913 $5,061 $5,213 $5,369 $5,530 $5,696 $5,867 Administrative Assistant 5 Building Permit Technician 54.758 54,901 $5,048 $5,200 $5,356 $5,515 $5,682 $5,852 $6,028 $6,209 $6,395 Community Service Officer Community Service Officer -Parking 6 Senior Accounting Clerk $5,187 $5,342 $5,502 $5,668 $5,838 $6,013 $6493 $6,379 $6,570 $6,767 $6,970 Accounting Specialist Data Specialist Fire Services Specialist Payroll HRTechnician Asst. Building Inspector Community Resource Officer Engineering Tech III 7 Assistant Planner $5,653 $5,823 $5,998 $6478 $6,363 $6,554 $6,750 $6,953 $7,162 $7,376 $7,598 Building Inspector Code Enforcement Technician GIS Technician 15 Technician Natural Resources Technician Project Coordinator 8 Engineer Tech IV $6462 $6,347 $6,537 $6,734 $6,936 $7,144 $7,358 $7,579 $7,806 $8,040 $8,281 MIS Specialist 9 Assistant Finance Director $7,198 $7,414 $7,637 $7,866 $8,102 $8,345 $8,595 $8,853 $9,119 $9,392 $9,674 Facilities Manager Planner II AFSCME Labor Agreement Page 20 EXHIBIT C MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND AFSCME COUNCIL 517 REGARDING WORKING OUT OF CLASSIFICATION PAY SUBJECT: WORICINCO OUT OF CLASSIFICATION PAY PURPOSE: To define and delineate circumstances when an employee will receive compensation for the performance of duties in a higher classification than he/she normally performs_ APPLICABILITY: The provisions of this policy apply to AFSCME Council 517 City of Stillwater employees. STATEMENT OF POLICY AND UNDERSTANDING: I. Compensation for working out of classification is provided as monetary recognition to an employee for the assumption and performance of duties nominally performed by an employee of higher classification. 2. The assumption and performance of the duties of the higher classification must encompass the full range of responsibilities of the higher classification. This shall not apply to temporary assignments which are made pursuant to prior mutual agreement between the employee and his or her immediate supervisor for the purpose of providing a training opportunity to the employee, for a mutually agreed upon period of time. 3. The perfomiance of such duties must be for an extended period of time, wherein a need exists to fulfill the duties and responsibilities of the vacant position. An extended period of time is generally considered as an assumption of duties and responsibilities that will last in excess of ten (10) work days. 4. Working out of classification compensation shall be allowed only after written recommendation of the department head and concurrence by the City Coordinator. Recommendation and designation shall be accomplished prior to the assumption of higher classification responsibilities. 5. The employee's compensation will be increased by 5% to the next highest step of the higher classification in which the employee is substituting. AFSCME Labor Agreement Page 21 Page 2 b. When the temporary assignment is completed, the employee's salary will be readjusted to its previous level on the level where it would have attained, including general salary adjustment and within range increases, if the out -of -classification pay had not been made. The employee's date of hire and anniversary date will remain unchanged throughout the temporary assignment. IN WIFNESS WHEREOF, the arties hereto have executed this memorandum of understanding on this 1/ v of , 1994. FOR AFSCME COUNCIL 517 t,) FOR THE CIT'r OF STILLWAT R AFSCME Labor Agreement Page 22 Exhibit D MEMORANDUM OF UNDERSTANDING Between The City of Stillwater and Local 517, Council No. 5 of the American Federation of State, County and Municipal Employees, AFL-CIO Contributions to Post Employment Health Care Savings Plan This Memorandum of Understanding Is entered Into between the City of Stillwater (hereafter "City") and AFSCME Local No. 517 (hereafter 'Union"). WHEREAS, the City and the Union are parties to a collective bargaining agreement; and; WHEREAS, Minn. Stat, § 352.98 allows the City to sponsor a post employment health care savings program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service, NOW, THEREFORE, the parties hereto agree as follows: 1. All funds collected by the Clty on behalf of an employee will be deposited Into an employee's Post Employment Health Care Savings Plan account administered by the Minnesota Post Employment Health Care Savings Plan established under Minn. Stat. § 352.98 and as outlined In the Minnesota State Retirement System's (MSRS) Trust and Plan Documents. 2. All employees not covered under City Ordnance No. 844, which provides for the City's Hospital/Medical Insurance for Retired employees, will be considered eligible employees and will participate In the Post Employment Health Care Savings Plan. 3. Eligible employees shall contribute twenty-five dollars ($25.00) per paycheck to the employee's Post Employment Health Care Savings Plan. 4. Eligible employees shall contribute 50% of the severance pay benefit that Is due to the employee based on Article IX of the collective bargaining agreement to the employee's Post Employment Health Care Savings Plan upon separation of employment. 5. Anydescription of benefits contained In this •Memorandum of Understanding Is Intended to be informational only. The management of contributed funds into the Post Employment Health Care Savings Plan Is the responsibility of the Plan Administrator, Minnesota State Retirement System (MSRS), and the State Board. of Investment, their agents, employees or subcontractors and/or the Investment option provider selected by the employee. The City's only obligation is to deposit accrued monies 20 AFSCME Labor Agreement Page 23 as outlined by this Memorandum. The City has no other responsibilities or obligations and no other claims can or shall be made against the City pursuant to this Memorandum. 5. This Memorandum of Understanding represents the Full and complete agreement between the parties regarding this matter. For the City of Stillw#er- For AFSCME Council 5, Local 517: arycki, Mayor i a ole Gerst, mess Agent drA.41,21.2e2mee..,iQ- Diane Ward, City Clerk Jennifer Radler.? Negotiation Team Date: /Zj 21 icI i o � T 99 g m AFSCME Labor Agreement Page 24 Exhibit E MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND LOCAL 517 COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO SUBJECT: DRUG and ALCOHOL TESTING POLICY PURPOSE: To establish circumstances when an empIoyee will be tested for drug use and alcohol consumption. APPLICABILITY: The provisions of this policy apply to aft AFSCME (Local No. 517) employees. STATEMENT OF UNDERSTANDING: It is understood that the City of Stillwater and Local 517, Council No, 14 of the American Federation of State, County and Municipal Employees (AFSCME) AFL-CIO, have negotiated and agreed on the City of Stillwater Drug and Alcohol Testing PoLicy, as drafted April 6, 2000, as attached. In the event that Minnesota Statutes 181950 through 181.957 Drug and Alcohol Testing in the Workplace, are amended, the parties shall open this Memorandum to negotiate the Subject of said Memorandum. FOR AFSCME FOR THE CITY OF STILLWATER: (LOCAL NO. 517); 22 AFSCME Labor Agreement Page 25 Exhibit F MEMORANDUM OF UNDERSTANDING BETWEEN rii, CITY OF S"I'JLLWATER AND LOCAL 517 COUNCQ, NO. 5 OF 'Mg AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO SUBJECT: A.PPLICATIQN OF AFSCME LABOR AGREEMENT TO EXEMVr EMPLOYERS •PURPOSE: To establish Language applicable to job classifications that aro designated as . "Exempt" under tho Fair Labor Standards Act (FLSA). ..�.._.. .,_tP_LICAB LITY_:_ The_pro_visionac this_p licy_apply to.all AFSCME (LoralNo. .1- ___ employees that are appointed to a job classification that is designated as "Exempt" under the Pair Labor Standards Act (FLSA). - STATEMENT OF UNDERSTANDING: It is understood that the City of Stillwater and Local- 517, Council No. 5 .of the American Federation of State, County and Municipal Employees. (AFSCME) AFL-CIO, have negotiated and_ agreed oa the application of the AFSCME Labor Agreement to exempt employees, It has been agreed by the parties that any portions of the AFSCME labor a{ cement concerning overtime, compensatory time, and rail back time will not apply to job classifications that are designated as "Exarinpt" under tho Fair Labor Standards Act (FLEA). All other provisions of the Labor Agrceriiettt wiltreaiaain in 'full force and effect. "Exempt" employee§ are eligible for time off under the City's' F1ex Trine Policy.. PO*. TI-lE. CITY QF 51IL%WATER: Date:. /,• 0'7• • FORAFSCMl3' •; (LOCALN O: 5I7)r AFSCME Labor Agreement Page 26 MEMORANDUM OF UNDERSTANDING Between (-m- OF STILLWATER and AFSCME MIS On -Call Exhibit C: This Menriorandurri of Understanding is entered into between the Coy tit %UI1watct thereafter "City -I and AFSCME (hereafter "Union"). WHEREAS. the City and the Union arc parties to a collective bargaining agreement. WHEREAS, the City of Stillwater Infottrtation Systems staff ((owe on -call dutic.. WHEREAS. on -call has been dcfrried as occurring during the penis u!' time after leaving the building or work location at the end of the regular shift and before the beginning of thc nett regularly scheduled shift over the course of a week (seven cansceutne days); WHEREAS. the MIS Speetr*rat and IS Technician has scrod on -call duties cscry third neck NOW, THEREFORE, thc panties hemp agree as follows: the City shall uarnpert ate the MIS Specialist 5100 for every third wick of on-calE dutres. Send payment shall he applied to the cmployee':c annual Name) in an equivalent mount of S1.7010.00 effectnc January I, 2017. This Memorandum of Understanding shall be effectise January 1, 2017. In the wart the MIS Specialist no longer serves on -call duties every third week. this Memorandtarr of Ursdcritandmg shall expire. Tftu Men orarrdurn ofL nderats.ding shall not constitute a precedent with regard =tr any ewifisequent negotiations or matters between the parts,. 4 This Memorandum of Understanding represents the full and complete agreement hctwcee the parties regarding this matter. Effective ective January 1, 2021, the City will continue to compensate the IS Technician S 100 for even third week of on -WI duties. h. Effective January 1. 2022, the City shall ctmspcnsate the MIS Specialist and the IS Technician S 11 S for every third meek of on -call duties, FOR THE UNION: 12/15/20 1:2/15120 • AFSO4L Labile Alf reMtrit 7c 26 AFSCME Labor Agreement Page 27 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager Honorable Mayor and City Councilmembers SUBJECT: 2023-2025 Labor Agreement between City of Stillwater and MNPEA Managers DISCUSSION The City of Stillwater and the Minnesota Public Employee's Association Public Managers have concluded negotiations for a successor labor agreement for 2023, 2024 and 2025. The MNPEA Managers membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration: Three (3) year agreement January 1, 2023 through Dec. 31, 2025 • Wages: 3% increase 2023, 3% increase 2024, 3% increase 2025 • Health Insurance: Increase monthly employer contribution for the plan by $15.14 per month in 2023, $15 per month in 2024, and $15 per month in 2025 • Life Insurance: Increase monthly employer contribution by $2.40 toward an additional $20,000 in coverage per member • Increase IT Manager on call pay by $25 for every third week of on -call duties when the manager is serving in the on -call rotation • Holidays: Consistent with the amendment to Minnesota Statute 645.44, subd. 5, employees shall be entitled to the Juneteenth holiday effective in 2024 Members also requested the option, via a Memorandum of Agreement, to contribute a portion of earnings to a post employment health care savings plan. The City's only obligation is to deposit earned/accrued monies as outlined by the memorandum. ACTION REQUESTED The proposed Labor Agreement between the City of Stillwater and MNPEA Managers is consistent with direction from City Council for labor negotiations. MNPEA Managers membership has approved the 2023-2025 labor agreement. Increased contract costs are included in the 2023 budget. Therefore, staff recommends adoption of the resolution entitled "Approving the 2023-2025 Labor Agreement between the City of Stillwater and Minnesota Public Employee's Association Public Managers." City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx APPROVING THE 2023-2025 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA PUBLIC EMPLOYEE'S ASSOCIATION PUBLIC MANAGERS BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2023-2025 Labor Agreement between the City of Stillwater and Minnesota Public Employee's Association Public Managers, as on file with the City Clerk, is hereby approved including the following changes: • Contract Duration: Three (3) year agreement January 1, 2023 through Dec. 31, 2025 • Wages: 3% increase 2023, 3% increase 2024, 3% increase 2025 • Health Insurance: Increase monthly employer contribution for the plan by $15.14 per month in 2023, $15 per month in 2024, and $15 per month in 2025 • Life Insurance: Increase monthly employer contribution by $2.40 per member for $20,000 additional coverage • Increase IT Manager on call pay by $25 for every third week of on -call duties when the manager is serving in the on -call rotation. • Holidays: Consistent with the amendment to Minnesota Statute 645.44, subd. 5, employees shall be entitled to the Juneteenth holiday effective in 2024. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 7th day of March, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA PUBLIC EMPLOYEE'S ASSOCIATION (MNPEA) (PUBLIC MANAGER'S) January 1, 2023— December 31, 2025 TABLE OF CONTENTS ARTICLE PAGE ARTICLE I PURPOSE OF AGREEMENT 3 ARTICLE II RECOGNITION 3 ARTICLE III DEFINITIONS 3 ARTICLE IV EMPLOYER SECURITY 3 ARTICLE V EMPLOYER AUTHORITY 4 ARTICLE VI UNION SECURITY 4 ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 4 7.1 DEFINITION OF A GRIEVANCE 4 7.2 UNION REPRESENTATIVES 4 7.3 PROCESSING OF A GRIEVANCE 5 7.4 PROCEDURE 5 7.5 ARBITRATOR'S AUTHORITY 6 7.6 WAIVER 6 7.7 ELECTION OF REMEDIES 6 ARTICLE VIII SAVINGS CLAUSE 7 ARTICLE IX DISCIPLINE 7 ARTICLE X SALARIES 8 ARTICLE XI CONSTITUTIONAL PROTECTION 8 ARTICLE XII SICK LEAVE 8 ARTICLE XIII SEVERANCE PAY 10 ARTICLE XIV HOLIDAYS 11 ARTICLE XV VACATION 11 ARTICLE XVI INSURANCE 12 ARTICLE XVII WAIVER 12 ARTICLE XVIII DURATION 13 APPENDIX A - 2023 ANNUAL SALARY SCHEDULE 14 APPENDIX B - 2024 ANNUAL SALARY SCHEDULE 15 APPENDIX C - 2025 ANNUAL SALARY SCHEDULE 16 MEMORANDUM OF UNDERSTANDING - IT MANAGER ON -CALL 17 MEMORANDUM OF UNDERSTANDING - POST EMPLOYMENT HCSP 18 Page 2 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA PUBLIC EMPLOYEE'S ASSOCIATION REPRESENTING STILLWATER PUBLIC MANAGER'S ASSOCIATION ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2023 between the City of Stillwater, hereinafter called the EMPLOYER, and Minnesota Public Employee's Association. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all supervisory personnel under BMS Case 92-PTR-1391 excluding the City Administrator and Human Resources Manager and all non supervisory employees. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Minnesota Public Employee's Association. 3.2 UNION MEMBER: A member of the Union. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 EMPLOYER: The City of Stillwater. 3.5 UNION OFFICER: Officer elected or appointed by the Union. 3.6 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months from the date of hire). Probationary employees may be terminated at the sole discretion of the EMPLOYER. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. Page 3 ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited to this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of an employees who authorizes such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. The Employer shall provide the UNION with a list of employees and the amount of the remittance on a monthly basis. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 6.4 UNION STEWARD. The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a reasonable amount of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. 6.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the AGREEMENT. 7.2 UNION REPRESENTATIVES Page 4 The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 Representative. The EMPLOYER -designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated Representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Page 5 Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY a. The arbitrator shall have not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 ELECTION OF REMEDIES In the more than one procedure is available for resolution of a grievance arising under this Agreement, the aggrieved employee(s) shall be limited to one procedure through which remedy may be sought. If as a result of the written Employer response in Step 2, the grievance remains unresolved, and if the grievance involves Page 6 the suspension, demotion, or demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to arbitration pursuant to this Article 7 or another procedure including but not limited to fair employment or veterans preference. If appealed to any procedure other than arbitration pursuant to this Article, the grievance is not subject to the arbitration procedure as provided in this Article 7. An employee pursuing a remedy pursuant to a statute under the jurisdiction of the United States Equal Employment Opportunity Commission is not precluded from also pursuing an appeal under the grievance procedure of this Agreement. If a court of competent jurisdiction rules contrary to the ruling in EEOC v. Board of Governors of State Colleges and Universities, 957 F.2d 424 (7th Cir.), cert denied, 506 U.S. 906, 113 S. Ct. 299 (1992), or if Board of Governors is judicially or legislatively overruled, this paragraph shall be immediately null and void and shall be deleted from this Agreement. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, and the State of Minnesota. In the event any provision of this AGREEMENT shall be held to be contrary to law by any court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to a binding administrative ruling or is in violation of legislation or administrative regulations, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX DISCIPLINE 9.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 9.2 Suspensions, demotions and discharges will be in written form. 9.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 9.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 9.5 Discharges of non -veterans will be preceded by a five (5) day suspension without pay. Page 7 9.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 9.7 Grievances relating to this Article shall be initiated by the UNION in Step 2 of the Grievance Procedure under Article VII. ARTICLE X SALARIES 10.1 Employees shall be paid in accordance with the attached salary schedules marked Appendix A, Appendix B and Appendix C. Effective January 1, 2017, employees will be placed on the step in the new pay structure at the designated grade that provides a wage rate that is equal to or greater than the employee's December 31, 2016 base wage and longevity pay combined. Employees whose December 31, 2016 base wage and a longevity pay combined exceed the new Step 11 shall have their wage rate red circled and receive any general wage adjustment in a non -base lump sum. Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following the employee's anniversary date. 10.2 In the event an employee is promoted to a higher classification, the employee will be placed on the step that is at least a 5% increase in the employee's current salary. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII SICK LEAVE 12.1 a. All full-time employees shall, after a term of employment of six (6) months, be qualified to receive payments on account of physical disability to work by reasons of sickness. For the purpose of this contract sickness shall include injury other than accident or injury arising out of and in the course of employment by the City. Sickness disability benefits shall be as follows: 1. If term of employment has been six (6) months, but less than two (2) years, two (2) weeks at full pay. 2. If term of employment has been 2 to 5 years, full pay for 8.5 weeks. 3. If term of employment has been 5 to 10 years, full pay for 19.5 weeks. Page 8 4. If term of employment has been 10 to 15 years, full pay for 32.5 weeks. 5. If term of employment has been 15 to 20 years, full pay for 39 weeks. 6. If term of employment has been 20 to 25 years, full pay for 45.5 weeks. 7. If term of employment has been 25 years or more, full pay for fifty- two (52) weeks. 12.2 Sick leave usage may require verification for an absence of three days or more, from a recognized medical authority attesting to the necessity of the leave and the ability to return to duty. Should illness occur while an employee is on vacation, the period of illness may be charged to sick leave and the charge to vacation reduced accordingly. An employee requesting such a change may be required to submit a written statement from a physician attesting to the illness and the period of disability. 12.3 Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: Employees with less than five (5) years service shall earn a sickness disability leave time at the rate of one day for each month worked. Employees with five (5) years but less than ten (10) years service shall earn sickness disability leave time at the rate of one and one- half (1-1/2) days for each month worked. Employees with ten (10) or more years service shall earn sickness disability leave time at the rate of two (2) days for each month worked. c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rata basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. e. For the purpose of this Article, the January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. 12.4 Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation Page 9 benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and his regular weekly pay. Sick leave shall then be figured on a pro rated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation Insurance. 12.5 Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave of absence when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. 12.6 Sick leave usage will only be allowed for injury or illness of the employee and not for time off for any legal proceedings associated with an injury. 12.7. The following provision is applicable to employees hired by the City on or after January 1, 2019. For all employees hired by the City on or after January 1, 2019, full- time employees will accrue eight (8 hours sick leave per month up to a maximum of 1,040 hours. Sick leave may be accumulated up to a maximum of 1,040 hours. No accrued sick leave can be used during the first six (6) months of employment. Up to a maximum of 1,040 hours of unused sick leave benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. Employees hired by the City on or after January 1, 2019 shall not be covered by Section 12.1(a)(1-7), 12.3(a-e) and Article 13, Sections 13.2-13.5. ARTICLE XIII SEVERANCE PAY 13.1 Any employee who leaves the employ of the City by retirement, resignation or death shall receive pay for 100 percent (100%) of unused accrued vacation. 13.2 Any employee who retires due to age or physical disability and are eligible to receive PERA retirement benefits, shall receive one-half of unused disability benefits providing he or she had been employed with the City in a permanent, full time position for a period of not less than ten (10) years. Page 10 13.3 In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, or estate of the former employee shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability as above provided but in no event shall such death benefit exceed 60 days of full pay. 13.4 Sick leave used and not replenished during the employment period shall be subtracted from the sick leave benefit schedule to arrive at unused sick leave balance. 13.5 A week shall be construed to be five (5) working days. ARTICLE XIV HOLIDAYS 14.1 New Year's Day President's Day Independence Day Veteran's Day Day after Thanksgiving Christmas Eve Day or New Year's Eve Day Martin Luther King Day Memorial Day Labor Day Thanksgiving Day Christmas Day When a holiday falls on a Sunday, the following Monday shall be a holiday and when a holiday falls on a Saturday, the preceding Friday shall be a holiday. To be eligible for holiday pay, employees must have been on paid status on the day before and the day after the holiday. Consistent with the amendment to Minnesota Statute 645.44, subd. 5, employees shall be entitled to the Juneteenth holiday effective in 2024. 14.2 Immediately preceding the 1st anniversary date of employment the employee shall be entitled to one additional floating holiday. ARTICLE XV VACATION 15.1 Employees shall be entitled to the following vacation schedule: From 0 through 12 months employment 5/6 day per month From 1 year through 4 years employment 10 days per year After 4 years through 10 years employment 15 days per year After 10 years through 15 years employment 20 days per year After 15 years One (1) additional day for each year up to twenty years for a maximum of 25 days. 15.2 Vacation time not to exceed 10 days may be used in the following calendar year. The employer shall not unreasonably deny vacation carry-over requests. There shall be a maximum of 35 days' vacation during any one (1) calendar year. Page 11 15.3 For the purpose of this Article, January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine employees term of employment. 15.4 The Employer reserves the right to limit the length of a continuous vacation period for Employees covered by this agreement due to operational considerations. 15.5 An employee shall have the ability to cash out up to 40 hours of vacation to reach the 10 day vacation limit referenced in § 15.2. On an annual basis, employees may voluntarily elect to cash -out up to 40 hours of vacation. The written election is irrevocable in nature and must be made on or before December 15 in the calendar year prior to the cash -out taking place. ARTICLE XVI INSURANCE 16.1 Effective January 1, 2023, the EMPLOYER will contribute up to $1,277.00 per month, per employee toward group health insurance coverage, including dependent coverage. Effective January 1, 2024, the EMPLOYER will contribute up to $1,292.00 per month, per employee toward group health insurance coverage, including dependent coverage. Effective January 1, 2025, the EMPLOYER will contribute up to $1,307.00 per month, per employee toward group health insurance coverage, including dependent coverage. 16.2 The EMPLOYER will provide a $50,000 term life insurance policy for each employee effective the 1st of the month following the full execution of the contract. 16.3 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer. ARTICLE XVII WAIVER 17.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 17.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though Page 12 such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XVIII DURATION The AGREEMENT shall remain in full force and effect for a period commencing January 1, 2023 through December 31, 2025. In the event a new AGREEMENT is not in effect January 1, 2023, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 2023. FOR THE CITY OF STILLWATER: FOR THE MINNESOTA PUBLIC EMPLOYEE'S ASSOCIATION REPRESENTING STILLWATER MANAGER'S ASSOCIATION: Ted Kozlowski, Mayor Dave Deal, President ATTEST: Beth Wolf, City Clerk City Administrator Steward Page 13 APPENDIX A Managers 2023 Annual Base Pay Structure 39i General Wage Adjustment Position Tltle Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 9 Assistant Public Works Superintendent $81,422 $83,864 $86,380 $88,971 $91,641 $94,390 $97,222 $100,138 $103,142 $106237 $109,424 10 Assistant City F ngi nee r 585.493 $83057 $90,699 593,420 $96,223 $99,109 $102,083 $105,145 $108,299 $111,548 $114,895 City Clerk Chief Building Official Planning Supervisor/City Planner 11 Assistant Fire Chief $99,282 $102,260 $105,328 $108,488 $111,742 $115,095 $118,548 $122,104 $125,767 $129,540 $133,426 Information Systems Manager Public Works Superintendent (Parks, Streets, Utilities) 12 Deputy Fire Chief $111,196 $114,531 $117,967 $121,506 $125,152 $128,906 $132,773 $136,756 $140,859 $145,085 $149,437 Police Captain Finance Director Community Development Director 13 City Engineer/Public Works Director $124,539 $128,275 $132,123 $136,087 $140,170 $144,375 $148,706 $153,167 $157,762 $162,495 $167,370 Fire Chief Police Chief Page 14 APPENDIX B Managers 2024 Annual Base Pay Structure 3%GenetaiWage Adjustment Grade Position title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 9 Assistant Public Works Superintendent $83,864 586,380 S88,971 S91,641 594.390 $97,222 $100,138 $103,142 5106,237 S109,424 5112,706 10 Assistant City Engineer $88,057 090,699 $93,420 $96,223 $99,109 5102,083 $105,145 $108,199 $111,543 $114,895 5118,342 City Clerk Chief building Off icial Planning Supervisor/City Planner 11 Assistant Fire Chief $102,260 $105,328 $108,488 $111,742 $115.095 $118,548 $122,104 $125,767 $129,540 $133,426 $137,429 Information 5y5tems Manager Public Works Superintendent (Parks, Streets, Utilities} 12 Deputy Fire Chief $114,531 $117,967 $121,506 $125,152 $128,906 $132,773 $136,756 $140,859 $145,085 $149,437 $153,921 Polite Captain Finance Director Community Development Director 13 City Engineer/Public Works Director $128,275 $132,123 $135,087 $140,170 $144,375 $148,706 $153,167 $157,762 $162,495 $167,370 $172,391 Fire Chief Police Chief Page 15 APPENDIX C Managers 2025 Annual Base Pay Structure 3%Genera# Wage Adjustment Grade Position Title Step 2 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 21 9 Assistant public Works Superintendent 986,390 S88,971 S31,641 $94,390 597,222 5100,138 5103,142 $106,237 $109,424 $112,706 $115,088 10 Assistant City Engineer 590,699 $93,420 $36,223 $93,109 5102,033 5105,145 S108,299 $111,543 $114,895 $118,342 $121,832 City Clerk Chief Building Official PlanningSupervisor/City Planner 11 Assistant Fire Chief $105,328 $108,483 $111,742 $115,095 $118,548 $122,104 9125,767 5129,540 5139,426 $137,429 5141,552 Information Systems Manager Public Works Superintendent (Parks, Streets, utilities} 12 Deputy Fire Chief $117,967 $121,506 $125,152 $128,906 $132,773 $136,756 $140,859 $145,085 $149,437 $153,921 $158,538 Police Captain Finance Director Community Development Director 13 City Engineer/Public Works Director $132,123 $136,087 $140,170 $144,375 $148,706 $153,167 $157,762 $162,495 $167,370 $172,391 $177,563 Fire Chief Police Chief Page 16 MEMORANDUM OF UNDERSTANDING Between CITY OF STILLWATER and MNPEA (Stillwater Public Manager's Association) IT Manager On -Call This Memorandum of Understanding is entered into between the City of Stillwater (hereafter "City") and Minnesota Public Employees Association representing the Stillwater Public Manager's Association (hereafter "Union"). WHEREAS, the City and the Union are parties to a collective bargaining agreement; WHEREAS, the City of Stillwater Information Systems staff rotate on -call duties; WHEREAS, on -call has been defined as occurring during the period of time after leaving the building or work location at the end of the regular shift and before the beginning of the next regularly scheduled shift over the course of a week (seven consecutive days); WHEREAS, the IT Manager has served on -call duties every third week. NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall compensate the IT Manager $125 for every third week of on -call duties. Said payment shall be applied to the employee's annual salary in an equivalent amount of $2,125.00 effective January 1, 2023. 2. This Memorandum of Understanding shall be effective January 1, 2023. In the event the IT Manager no longer serves on -call duties every third week, this Memorandum of Understanding shall expire. 3. This Memorandum of Understanding shall not constitute a precedent with regard to any subsequent negotiations or matters between the parties. 4. This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. FOR THE UNION: FOR THE CITY: Page 17 MEMORANDUM OF UNDERSTANDING Between CITY OF STILLWATER and MNPEA (Stillwater Public Manager's Association) Contributions to Post Employment Health Care Savings Plan This Memorandum of Understanding is entered into between the City of Stillwater (hereafter "City") and Minnesota Public Employees Association representing the Stillwater Public Manager's Association (hereafter "Union"). WHEREAS, the City and the Union are parties to a collective bargaining agreement; and WHEREAS, Minn. Stat. § 352.98 allows the City to sponsor a post -employment health care savings program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service. NOW, THEREFORE, the parties hereto agree as follows: 1. From January 1, 2023, through December 31, 2024, eligible employees shall contribute 100% of the existing severance of unused disability benefits that is due the employee based on Article XIII Section 13.2 of the contract to the employee's Post Employment Health Care Savings Plan upon separation of employment. Commencing January 1, 2025, eligible employees shall contribute 50% of the existing severance of unused disability benefits that is due the employee based on Article XIII Section 13.2 of the contract to the employee's Post Employment Health Care Savings Plan upon separation of employment. 2. These severance benefits will be deposited into an employee's Post Employment Health Care Savings Plan account administered by the Minnesota Post Employment Health Care Savings Plan established under Minn. Stat. § 352.98 and as outlined in the Minnesota State Retirement System's (MSRS) Trust and Plan Documents. 3. Any description of benefits contained in this Memorandum of Understanding is intended to be informational only. The management of contributed funds into the Post Employment Health Care Savings Plan is the responsibility of the Plan Administrator, Minnesota State Retirement System (MSRS), the State Board of Investment, their agents, employees or subcontractors and/or the investment option provider selected by the employee. The City's only obligation is to deposit accrued monies as outlined by this Memorandum. The City has no other responsibilities or obligations and no other claims can or shall be made against the City pursuant to this Memorandum. 4. The Union agrees to indemnify and hold harmless the City, its agents, officers and employees from any and all claims, causes of action, suits, demands, judgments of any Page 18 nature, liabilities, losses, damages, costs, and expenses including reasonable attorney's fees, arising out of the actions or inactions of the Plan Administrator, Minnesota State Retirement System (MSRS), the State Board of Investment, their agents, employees or subcontractors and/or the investment option provider selected by the employee. 5. This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. FOR THE UNION: FOR THE CITY: Page 19 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: 2023-2025 Compensation Adjustment for Nonrepresented Employees DISCUSSION The City of Stillwater has concluded negotiations for 2023-2025 successor labor agreements. Updates to the agreements include wage and health insurance changes. The following recommendation for compensation adjustments for nonrepresented employees follows the approved adjustments for negotiated settlements for all city bargaining units as follows: • Wages — General Wage Increase: 3% increase effective January 1, 2023; 3% increase effective January 1, 2024 and 3% increase effective January 1, 2025. • Health Insurance — Employer contribution to $1,277 per month per member toward group health insurance effective January 1, 2023; employer contribution to $1,292 per month per member toward group health insurance effective January 1, 2024, employer contribution to $1,307 per month per member toward group health insurance effective January 1, 2025. ACTION REQUESTED The proposed compensation adjustments and health insurance contributions follow a pattern consistent with direction from City Council for labor negotiations. Increased employer contributions are included in the approved 2023 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving 2023-2025 Compensation Adjustment for Nonrepresented Employees." City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx APPROVING 2023-2025 COMPENSATION ADJUSTMENTS FOR CITY OF STILLWATER NONREPRESENTED EMPLOYEES BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the total compensation for City nonrepresented employees for 2023, 2024 and 2025 is hereby approved with the following changes: • Wages — General Wage Increase: 3% increase effective January 1, 2023; 3% increase effective January 1, 2024 and 3% increase effective January 1, 2025. • Health Insurance — Employer contribution to $1,277 per month per member toward group health insurance effective January 1, 2023; employer contribution to $1,292 per month per member toward group health insurance effective January 1, 2024, employer contribution to $1,307 per month per member toward group health insurance effective January 1, 2025. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to approve the above changes. Adopted by the City Council of the City of Stillwater this 7th day of March, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Non Rep 2023 Annual Base Pay Structure 3% General Wage Adjustment Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 8 11 14 HR Specialist - Confidential Human Resources Manager City Administrator $69,701 $99,282 $140,255 $71,792 $102,260 $144,463 $73,946 $105,328 $148,797 $76,165 $108,488 $153,261 $78,449 $111,742 $157,858 $80,803 $115,095 $162,594 $83,227 $118,548 $167,472 $85,724 $122,104 $172,496 $88,296 $125,767 $177,671 $90,944 $129,540 $183,001 $93,673 $133,426 $188,491 Grade Position Title Non Step 1 Rep 2024 Step 2 Annual Step 3 Base Step 4 Pay Structure Step 5 Step 6 3% General Step 7 Wage Adjustment Step 8 Step 9 Step 10 Step 11 8 HR Specialist Confidential $71,792 $73,946 $76,165 $78,449 $80,803 $83,227 $85,724 $88,296 $90,944 $93,673 $96,483 11 Human Resources Manager $102,260 $105,328 $108,488 $111,742 $115,095 $118,548 $122,104 $125,767 $129,540 $133,426 $137,429 14 City Administrator $144,463 $148,797 $153,261 $157,858 $162,594 $167,472 $172,496 $177,671 $183,001 $188,491 $194,146 Grade Position Title Non Step 1 Rep 2025 Step 2 Annual Step 3 Base Step 4 Pay Structure Step 5 Step 6 3%Genera Step 7 Wage Adjustment Step 8 Step 9 Step 10 Step 11 8 HR Specialist Confidential $73,946 $76,165 $78,449 $80,803 $83,227 $85,724 $88,296 $90,944 $93,673 $96,483 $99,377 11 Human Resources Manager $105,328 $108,488 $111,742 $115,095 $118,548 $122,104 $125,767 $129,540 $133,426 $137,429 $141,552 14 City Administrator $148,797 $153,261 $157,858 $162,594 $167,472 $172,496 $177,671 $183,001 $188,491 $194,146 $199,970 DATE: TO: FROM: SUBJECT: iliwater THE BIRTHPACE OF MINNESOTA March 7, 2023 Honorable Mayor and City Councilmembers Reabar Abdullah, Assistant City Engineer Award of contract for CSAH 5 Phase 2 Project (Project 2019-09) BACKGROUND Washington County has had in its road program, street and pedestrian safety improvements for County Road 5 through the City to be undertaken over a period of years. In 2018, phase 1 began with street and pedestrian improvements between Croixwood Boulevard and Pine Tree Trail. Phase 2 was planned for 2020 construction season, and includes work on County Road 5 between Pine Tree Trail and Sycamore Street. The project was postponed due to high bid prices at the time of bidding in 2020. Phase 3 is a couple years out and includes work from Sycamore Street north to TH 96. For the Phase 2 project, the County is proposing an improvement that consists of a mill and overlay between Pine Tree Trail and Sycamore Street, replacing curb and gutter and existing sidewalks from Olive Street to Sycamore and installing new sidewalk on the west side of Owens Street from Wilkins to Sycamore. Street widths would be narrowed from 44' to 42' between Olive and McKusick Road and 44' to 38 feet from McKusick to Sycamore Street. New sidewalk widths would range from 5 ft. -7 ft. ADA pedestrian ramps would be installed at all street intersections. Storm sewer would be moved in areas where the street widths are narrowed and sanitary sewer castings would be replaced. The bid opening for the CSAH 5 Phase 2 Project was Tuesday, February 28, 2023. Washington County received four bids with the lowest bid in the amount of $3,201,421.80 submitted by Valley Paving, of Shakopee, Minnesota. This was 3.5% less than the engineer's estimate of $3,317,037.25. The City share of the project including Engineering, and Administration is $493,371. City share will be funded through assessments to property owners ($188,702) and Municipal State Aid funding ($304,669) RECOMMENDATION Staff recommends that the City Council accept the bids submitted for the CSAH 5 Phase 2 Project, Project 2019-09. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2023- , ACCEPTING BID FOR CSAH 5 PHASE 2 PROJECT (PROJECT 2019-09). City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx ACCEPTING BID FOR CSAH 5 PHASE 2 PROJECT (PROJECT 2019-09). WHEREAS, pursuant to an advertisement for bids for the CSAH 5 Phase 2 Project, Project 2019-09, four bids were received by Washington County, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER Valley Paving, Shakopee, MN Northwest, Shakopee, MN Meyer Contracting Inc., Maple Grove, MN Dresel Contracting, Inc., Chisago City, MN Engineer's Estimate and BID AMOUNT $ 3,201,421.80 $ 3,500,239.31 $ 3,584,402.40 $ 3,895,257.85 $ 3,317,037.25 WHEREAS, it appears that Valley Paving, Shakopee, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, that the above bid is received and approved by the City of Stillwater City Council and directs staff to inform Washington County of the same. Adopted by the City Council this 7th day of March 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk illwat!r THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2023 Cruisin 'on the Croix Car Show Event Application and Contract BACKGROUND Attached is the event application and contract for the 2023 Cruisin 'on the Croix car show event. The proposed vintage and hot rod car show would be held from 3 p.m. to 8 p.m. on every other Wednesday evening from June 14 to September 20, 2023, for a total of 8 dates. The event organizer has requested to use the same parking lots that were approved last year including: Parking Lot 8B, Lot 9, and Lot 11. The event organizer shall be charged for city services, materials rendered and parking lots used according to the current 2023 fee schedule and payment shall be received by the City no later than three (3) weeks before the Event begins. ACTION REQUIRED: If Council wishes to approve the event, they should pass a motion approving the 2023 Cruisin' on the Croix Event and enter into a Contract with Cruisin' on the Croix. Attachments: Contract Agreement, Event Application Form. CRUISIN' ON THE CROIX 2023 CAR SHOW EVENT THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota ("City"), in conjunction with the 2023 Stillwater Cruisin' on the St. Croix Car Show part of a community wide celebration of the City (the "Event"); and Cruisin' on the Croix, 1906 Greeley St S, Stillwater, MN 55082, Nonprofit Corporation (Domestic) ("Organizer"). 1. Car Show. The City has encouraged this hot rod and vintage car show in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. The Organizer will not make substantial changes in the layout/format/duration of the Event at any time without advanced notice to the City. 2. Dates and Hours of 2023 Event. Operations are limited as follows: • Event Dates: Wednesday June 14 & 28, July 12 & 26, August 9 & 24, September 6 & 20 • Set-up time on event dates: 6 a.m. to 3 p.m. • Event hours on event dates: 3 p.m. to 8 p.m. • Clean-up on event dates: 8 p.m. to 9 p.m. 3. Event/Alcohol. No alcohol will be served during this Event as part of the event. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Police Power. The City reserves the right to order a shutdown of the Area in the Event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that Event, the Organization must assist the police in the clearing of the Area. 6. Use of Parking Lots. The Organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer). The Organizer agrees to pay for the use of parking lot spaces as determined by the Downtown Parking Commission and City Council. No on -street parking to be used. The Event is given use of the following parking lots/spaces: • Parking Lots 9, 11 and 8B. 7. City Costs. The Organizer will prepay the City for the estimated costs of the Stillwater Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing shall be received by the City no later three (3) weeks before the Event. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 8. Park Property. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 9. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent including toilets to augment the existing facilities, barricades for parking lot closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. • City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the work force to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. • Barricade/Reserved Sign Placement. The Organizer will arrange with the Stillwater Police Department, prior to each event, for placement of the Reserved Parking Signs in parking lots (if needed) and shall place reflective standard barricades no later than 6:00 a.m. on Event Dates at the approved parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure or parking spaces reserved for the Event. • Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. • Electricity and Water. Each electrical box needed for the Event will be opened by the City on the Event Dates. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. The City shall provide the Organizer a key for the water shut off valve (if needed). The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. • Cleanup/Removal. Organizer shall remove all barricades by 10:00 p.m. the day of each event. Organizer shall remove trash, additional trash enclosures no later than 10:00 a.m. the next day following each Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Vendors. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. • The Organizer agrees that the Stillwater Fire Department and Washington County Department of Health and Environment will inspect any vendor using cooking facilities for safety. The Event Organizer agrees to pay directly to the agency/person doing the inspection for inspection costs (if any). • The Organizer agrees to ensure that all vendors wastewater be discharged into a holding tank approved by Washington County Department of Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. 12. Insurance, Hold Harmless, and Indemnity. The Event Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Event Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Festival that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than three (3) weeks before the Event. 13. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 7t" day of March 2023. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2023 by Ted Kozlowski, Mayor and Beth Wolf, Clerk, for the City of Stillwater. Notary Public CRUSIN' ON THE CROIX By Peter Quinn STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2023, by Peter Quinn, the duly authorized agent for CRUSIN' ON THE CROIX. Notary Public iliwater THE BIRTHPACE OF MINNESOTA DATE: March 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Sharon Provos, Finance Director SUBJECT: Enterprise Resource Planning (ERP) Software Contract BACKGROUND The City is seeking to replace our main financial software, Springbrook, as well as Permit Works software used in our Community Development department. We want to eliminate manual documentation and procedures, reduce the cost of maintaining different software solutions, streamline processes and allow for a more efficient workflow. An RFP for ERP Software and Implementation Services was issued December 5, 2022 and complete proposals were submitted by four (4) software firms as follows: Date RFP Received Vendors Implementation Fee Annual Fee 12/27/2022 Civic Systems $198,600.00 $29,215.00 12/08/2022 BS&A $230,360.00 $62,515.00 12/21/2022 TylerTech $388,336.00 $121,168.00 12/05/2022 GovSense $451,200.00 $215,879.00 RECOMMENDATION An evaluation team comprised of staff from the Administration, Finance and Community Development departments reviewed and analyzed all of the responses. Both Civic Systems and BS&A were invited to give a more through demonstration of their software to the team. After the demos, the team met to evaluate and discuss the merits of both software products. Numerous team members also contacted current clients of both software vendors. After further discussion, the team recommends acceptance of the proposal and award of the ERP Software and Implementation Services agreement to Civic Systems. ACTION REQUESTED Motion to approve the agreement for ERP Software and Implementation Services to Civic Systems. ti11wa!er The Birthplace of Minnesota AGREEMENT FOR SERVICES FOR ERP SOFTWARE IMPLEMENTATION SERVICES THIS AGREEMENT ("Agreement") is made and executed this day of , 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Civic Systems, LLC, 4807 Innovate Ln, PO Box 7398, Madison, WI 53707-7398 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as: Enterprise Resource Planning Software Implementation Services NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated December 28, 2022, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 1 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Sharon Provos to act as the City's representative with respect to the Services to be performed under this Agreement. She shall have 2 complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated to be the primary contacts in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Sharon Provos Or e-mail: sprovos@ci.stillwater.mn.us If to Contractor: Civic Systems, LLC. PO Box 7387 Madison, WI 53707-7398 Attention: Or email: 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 3 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk 4 Project Description: ERP Software Implementation Service for City of Stillwater CONTRACTOR CIVIC SYSTEMS, LLC By: By (Please Print): Title (Please Print): Request for Proposal ERP Software Implementation Services for City of Stillwater Prepared by Civic Systems, LLC e71 • • avicsystems stronc software, stronc corm fiunityA SUBSIDIARY OF BAKER TILLY US, LLP Civic Systems, LLC 4807 Innovate Ln P.O. Box 7398 Madison, WI 53707-7398 Phone: 888.241.1517 Fax: 608.249.1050 mlaesch@civicsystems.com www.civicsystems.com December 28, 2022 (711 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP TRANSMITTAL LETTER December 28, 2022 City of Stillwater Beth Wolf 216 4th Street N Stillwater, MN 55082 Dear Ms. Wolf Civic Systems, LLC (Civic Systems) is pleased to submit this proposal for Enterprise Resource Planning System for the City of Stillwater (City). Our proposal is based on your request for proposals and our prior experience in providing these services to clients with similar needs. Civic Systems, LLC (Civic) has the experience and resources necessary to meet your needs and assist you with this very important project. We would like to highlight several factors that distinguish Civic from other firms. Full Service Firm Civic provides a full range of software services specifically developed for cities and municipal utilities to over fifty new clients every year. These services include total turnkey software solutions. We are committed to enabling our clients to print utility bills, accounts payable checks, payroll checks, and monthly reports immediately after leaving our training facility. This process eliminates or minimizes the need to run parallel systems. Experience We understand the demands on your time and the pressures you face. This understanding comes from our continuing relationship with over 400 municipalities/ utilities throughout the Midwest with over 60 of those customers in the State of Minnesota. Our team includes CPAs, trainers with over twenty years of training experience, and quality help desk analysts ready and waiting to answer your every question. Civic is a subsidiary of Baker Tilly US, LLP. Baker Tilly US, LLP is ranked as one of the top 10 largest accounting and advisory firms in the United States according to Accounting Today's 2022 list of "Top 100 Firms" and prides itself on its public sector practice that includes over 150 full time, fully dedicated public sector practitioners. This unique and strong Civic/Baker Tilly US relationship allows us to provide unmatched public sector expertise. Depth of Resources Our project team members all have extensive software experience. All team members are available at any time for consultation. Our quality products and service will provide you with information you need to make timely and accurate management decisions, while meeting the needs of your customers. TEN TERRACE COURT PO BOX 7398 MADISON, WI 53707-7398 www.civicsystems.com TOLL -FREE 888 241 1517 FAX 608 249 1050 City of Stillwater December 28, 2022 Page 2 Commitment Civic has a long-standing tradition and solid reputation of providing high quality services to municipal government. To illustrate that commitment, we have a separate practice group devoted entirely to serving municipalities and their utilities. Timely Service Our experience with software and conversion services allows us to provide a highly efficient and cost-effective transition from your legacy system. We appreciate the opportunity to submit this proposal and welcome the opportunity to discuss specific aspects of it with you. The information included in this packet is valid for 180 days. If you have any questions or need additional information, please contact me at 608-240-2389. We look forward to working with you on this important project. Sincerely, CIVIC SYSTEMS, LLC Michael Laesch, VP - Business Development and Client Relations Enclosures Table of Contents 1.0 EXECUTIVE SUMMARY 2.0 PROPOSED SOFTWARE 3.0 OPTIONAL SOFTWARE 4.0 OFFEROR INFORMATION QUALIFICATIONS AND EXPERIENCE 5.0 KEY SYSTEM REQUIREMENTS 6.0 PRICING 7.0 IMPLEMENTATION 8.0 SUPPORT 9.0 INFORMATION TECHNOLOGY 10.0 TRAINING — POST GO -LIVE 11.0 REFERENCES 12.0 CONTRACT PERFORMANCE 13.0 ADDITIONAL INFORMATION (071 • civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 1 1.0 Executive Summary Civic Systems takes pride in understanding our clients' needs and providing a software solution that not only fit what needs are crucial now but enables future growth. We understand our clients are in a fast paced work environment where redundancy in daily tasks cost the municipality money and the staff valuable time that is needed for the many job responsibilities everyone has. Below is our understanding of the needs that most municipalities have when they are looking for new software. Sometimes these items are needed at the forefront and sometimes they are needed in the future. Civic Systems scalability and ability to add to add in the future provides the City flexibility now for later growth that can provide you efficiencies in your everyday work life. > Civic Systems has extensive experience successfully converting legacy software systems (like Springbrook). References are listed on the reference sheet that provides details on our experience and success in this area. If additional references are desired, please let me know. > Caselle is a cohesive integrated product that allows all departments to use one system to take Cash Receipt payments that update to the General Ledger and integrated modules like Utility Billing, Accounts Receivable, Business Licenses, Building Permits, and Payroll/HR etc... > Up to date real time information from the financial system is readily available to all depait(Tient managers, supervisors and program managers through our miViewPoint tool. This is an easy -to -use application that provides real time data to ensure these individuals have tools to analyze data to make the critical day to day decisions. > The Caselle Connect application allows for automated reports, dashboards, and time saving tools with our direct integration into excel to eliminate the need for duplicate entry and separate spreadsheets to track information outside of the system. > Collaboration tools are put in place so that all departments have up to date information on their financials and payroll as soon as the information is entered into the systems. Everyone can have access to these tools to make the City run more efficiently through workflow approvals so that paper no longer needs to be passed from individual to individual. > Through the budgeting module the City has the ability to do long range budgets to allow for projections for future years along with the ability to have drill down access to previous budget and account information to develop accurate budgets. For future needs the workflow in the budget process allows for effective and fast communication when working collaboratively to create those budget documents. > System security and rules allow control through initial setup to ensure the correct people and procedures are in place to eliminate error and to enforce segregation of duties where capable and desired. > Workflow capabilities in AP allow the scanning of invoices to go through predefined workflow approval steps where approvers can see real-time budget information with drill down capabilities to view pertinent information. > Payroll allows for electronic timesheets and workflows which go through the approval process necessary to approve time and once approved are loaded into PR to eliminate redundancy in data entry. All employees have access to an employee's self-service application to enter in vacation requests, view paystubs and w2s and make electronic change requests of their address, w-4s, etc. > Mobile apps for those individuals in the field allow for paperless communication and completion of inspections and work orders. > An optional Hosted environment allows the City to eliminate much of the hardware that is needed compared to running an on premise solution. Unlike many competitors you have the choice to run our software Hosted or On Premise and if you change your mind months or years down the road we can accommodate this without having to purchase a new program. The above bullet points are areas where Civic Systems' solution can provide the City with software efficiencies but we also realize that the City is in need of a company that is responsive and dedicated to client's needs. The following } pages provide you some client quotes along with a view at the Management team �' c i v i c s 5 le m 5 behind the company. y strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 2 1.0 Executive Summary COMMITMENT Civic is dedicated to providing high quality financial and utility billing software to municipalities and municipal utilities along with the superior technical support. We are always on the lookout for emerging technologies and trends within this vertical market niche. These trends drive our strategic plan and future roadmap for additional software offerings and enhancements to our existing applications. Our commitment to our client base is to provide unmatched professional, knowledgeable and responsive support. The following are quotes from our customers: "Working with Civic is like working with my neighbor. It is so comfortable, like family. There is nothing 1 would change. Your people are magnificent. I wish I got this kind of support on every product we have." Patty Sutton, Harbor Springs "Your customer support is outstanding, everyone seems to know the answers to the questions I have! You have a quality product and quality people. I feel like I am your favorite customer." Anne Uecker, City of St. Francis "Civic's support is timely and excellent. The software is intuitive and reliable. These two things together have allowed us to manage our village better. Department heads are able to make better financial decisions by having access to their own departmental dashboard. The Excel integration makes budgeting and preparing financial reports easy. Because of these things, we are able to streamline daily processes." Steve Fahlgren, Village of Deforest, WI - Village Administrator/Finance Director "The entire Civic team, from implementation to support, go the extra mile and exceeded our expectations. It is reassuring when you have confidence in the software along with every individual that we work with. When La Salle converted from our legacy system, we were worried about getting our historical data into the new system. Civic's conversion staff made it possible and easy for us." John Duncan, City of Las Salle, IL- Finance Director "The feared "sales process" that most companies make you go through was not a dreaded experience with Civic. The sales team not only listened to our needs, but kept our best interest in mind to get us what we needed within our budget. Once the sale was complete, the sales team kept in contact with us every step of the way to ensure everything was working as promised" Sonya Keller, City of East Moline, IL- Finance Office • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 3 2.0 Proposed Software CaseIle Integrated Solutions CASELLE R+ fVM111IYeOrdM AP 6ireit Pit areA [anve cn Online Poy+hMSS Credit Ca ml Elanrnnic Reading IMerEn4{ Uit7 Pep wale* Ccrxreaelm Financial Solutions Cosh ReciiiplIlg Utility Marwgemgril St'4Ire Ordors 8xkllaar Utility Solutions 4ul»leUeg Bank Recancilkalim General Letlger Aril mal Li€er e Cemetery Management Court Management Maearials Mxingei lent wile hamAgedani Check en Dcn rd I mprovement biitricts Permit-n-FoTcc Buiir`kSS License GL In+rne�l�-'i Mmagement elMeets!' Aixnam Management DASI*oard Payroll 9uslnre Tea. CrignminA II I Li"[jI.1Letr 01u4i...I Documen Management Inter#ace P�*dl rme rot/ et,Jeet Envy inoman Poocpab[cs Timekeeping Direct Depart Specialty Applications PayrolISoIution s Whether the system is locally installed or Hosted the functionality of the system is the same. (071 • civicsy stems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 4 2.0 Proposed Software The software products included: Accounts Payable Review, approve, verify and validate invoices while ensuring maximum use of vendor terms and discounts. miExcel AP Allows for easy import of expenses such as P Card information from the bank without reentering it manually. Purchase Orders Enter requisitions by department and employee for approval. Purchase orders are integrated with the accounts payable module for invoice payment. Enhance this with our workflow tool. Check on Demand Quickly process a payment without setting up vendor information or writing a manual check. Accounts Receivable Manage customer accounts, invoicing, billing and payments with the Accounts Receivable module. You can create an unlimited number of billing categories with ease and flexibility. Business License Provides an easy way to track the active license status of businesses. Interfaces with Cash Receipting. Building Permits Provides an easy way to generate and track the active license status of individuals. Interfaces with Cash Receipting and Business Licenses. Code Enforcements Easily create inspections schedules and checklists and provides the capability to charge fees, issue notices, schedule inspections for violation and escalate tracked complaints to violations. Planning and Zoning Record and track information based on each project type, customize data -entry routines for each stage of a project, organize parcels into units with designated units and contracts related to specific projects and import/update property information from electronic files. Cash Receipting From point of payment to the bank deposit, the cash receipting system provides user friendly daily cash control. This software registers and prints all receipts from individual workstations with full descriptions, distributions, change due and account balance. Cash Receipting Import Civic will establish an import file from your cash receipting to input customer payments. Asset Management Developed with GASB No. 34 compliance in mind; maintains fixed assets, continuing property records and depreciation records. It interfaces with Accounts Payable and General Ledger. General Ledger Quickly and easily enter, inquire, review and report important financial information. Pre -defined journal entries, online management tools, customized reports, previous history and tracking project costs over multiple years are a few of the features you'll enjoy using. miExcel GL This module provides a direct connection to GL through Excel. Importing budgets, importing JE's and building custom reports has never been so easy. • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 5 2.0 Proposed Software Human Resources Provides you the ability to track and manage your employees or potential employees from recruitment to retirement. This application is designed for organizations of all sizes that have a separate HR director and that want a reliable way to keep track of sensitive employee information in an electronic format. miViewPoint Dashboard Reporting Tool Gain real time access to pertinent financial, payroll, accounts payable and utility billing information on a browser look and feel with no training required and no limit on the number of system users. miAP/Req and PO workflow It doesn't matter if your AP process starts at a central location, within each department or both you will find our workflow system can handle your needs. Items are scanned and can be attached to multiple predefined customized workflow processes based on the department it is for, the dollar amount or a combination of both. Invoices can be coded at any step of the way through the final approval and once the final approval is made the images get attached into Account Payment and into miViewPoint for easy look up. If you are using Requisitions and Purchase Orders they can be handled within the workflow process also. miBudget Allows for Depai liuent Head budget entry with access to account information and previous budgets to actual. Budgets can be entered by line item and attachments and notes can be added. Once submitted the budget goes through a predefined workflow for approval. miUtility Inquiry Portal Access real-time resident information from any utility service address, including interface to GoogleMaps. Payroll with Direct Deposit Easy payroll processing and development of your own customized, comprehensive employee information system. Federal and state government reporting requirements are complied with while providing complete fund and departmental allocations. ACA Reporting The ACA module will produce the following items: •1094-B (Transmittal of Health Coverage Information Returns) •1095-B (Health Coverage) • 1094-C (Transmittal of Employer Provided Health Insurance Offer) •1095-C (Employer -Provided Health Insurance Offer and Coverage) •Data grid to complete information for dependents and health plans •Hourly look back reports to show average hours worked •XML file to electronically submit information Electronic Submittals Create electronical submittals for your W2's and 1099's. miPay Allow employees to go paperless with their paystubs and W-2's. Employees can log in with user name and password from any computer with internet access to view their current and past paystubs and W-2's. Employees also have self service capabilities like filling out forms for a change of address or W-4 withholdings. Employees can also input time off requests which notifies their manager for approval or denial. miTime Allow employees to enter payroll hours over the web. Submitted time then goes through a predefined approval process to ensure accuracy. This module can eliminate the paper headache of the payroll process. miExcel PR Allows individuals or departments to fill out excel based time sheets electronically to import seamlessly into timekeeping or directly into payroll along with providing the ability to import files from a time clock system. This module eliminates re -keying hours and provides additional functionality such as importing of steps and grades from Excel, easily update pay schedules from Excel, along with providing ell7' export capabilities for Rates, Pay Codes, GL by pay periods and benefit info. C wicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 6 2.0 Proposed Software Project Accounting Designed specifically for municipalities and utilities, helps manage large projects by assembling cost centers such as equipment, labor, materials and direct charges. Interfaces with Timekeeping, Payroll, Materials Management, Cash Receipting, Accounts Payable, Accounts Receivable, General Ledger and Asset Management. Utility Billing A comprehensive customer information system designed to address the unique challenges faced by municipal utilities. Features such as rate calculation computation, multiple project meter database, and consolidated master meters allow your utility to customize the product based on your needs. ACH Direct Pay Customers automatically pay their utility bills from their checking or savings account. Electronic Read Interface Importing meter files is easy and hassle -free with the Electronic Read Interface. We are able to integrate all major hand held meter reading devices. miExcel UB Provides built in functions to easily update rates and services, change meters, export meter data and customer usage and provides revenue analysis functions. Service Orders Create service orders to assign specific, user defined tasks including final reads and meter replacements. Mobile Service Orders This module is an add on to service orders which allows service orders to be assigned and then completed in the field using your mobile device. The mobile devise will receive notification if a service order is added and a map of where that service order is located will be present. Once items are completed it is updated to the service order application in the Caselle system. If you are using miViewPoint there will be a screen that shows you outstanding service orders along with a pin map of where those service orders are located. Splitter When utility bills are run a PDF of each customer's bill will be attached to each customer for easy viewing and printing at a later date. No more recalculating old bills when rates there are rate changes or Power Cost Adjustments. Tax Certification Easily produce tax certification notices for your delinquent customers and create a file to electronically send information to the appropriate agency. Web Services for Online Bill Pay (Preferred Vendor Interface) Interface with preferred vendor which provides customers with a direct bill payment option through a secure, robust Internet application. Ability for customers to opt out of paper billings, Utility bill payment, account review, inquiry features and service request s are all available. Interfaces with Cash Receipting for seamless bill payment option. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 7 3.0 Optional Software Animal License Allows easy tracking and maintenance of records such as owners, animals and license status. Interfaces with Cash Receipting. Backflow Management Designed for the backflow technician or the administrative assistant in your organization's public works department who needs to track assemblies and testing results in addition to sending reminder notices. Business Tax Collection This module is designed for any city that needs to manage tax returns submitted by licensed businesses that collect taxes. The direct interface between Business Tax and Business License allows information for businesses and owners to be shared. Business Tax Collection streamlines the process of creating, fling, and tracking your tax returns. Generate tax forms to send to your businesses and keeps track of businesses that have not filed on time. Improvement Districts (Special Assessments) Track and bill property assessments and payments for your community with ease and efficiency. Program will maintain property and assessment information, assessment balances with user -definable date payoff option, billable interest, payment allocations and special fee information such as prepayment, late or delinquent fees. In addition, the user can track all bond information related to the assessment. Materials Management Provides a complete inventory management system, creating a fully integrated job costing and management reporting system. Interfaces with Purchase Orders, Accounts Receivable, General Ledger, Asset Management and Project Management. Hosted Model Have the Software Hosted in the Cloud rather than on premise on your own servers. • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 8 4.0 Offeror Information Qualifications and Experience COMPANY OVERVIEW Civic Systems, a subsidiary of Baker Tilly US, LLP, has been providing successful turnkey governmental software solutions to cities, villages, towns, counties, utilities, and special districts for about 30 years. By combining the expertise of over 120 public sector specialists and a leading software product, Civic Systems provides its clients with a unique advantage. This deep understanding of the public sector allows Civic Systems to enjoy a continuing relationship with over 4000 municipalities throughout the Midwest, ranging in size from Citys of 5,000 to cities with populations of greater than 40,000. Civic Systems' exclusive focus is with software for local municipal client. The Civic Systems website can be found at www.civicsystems.com . With every software purchase, Civic Systems provides start to finish service, including hassle -free conversion, in- depth training and unlimited technical support from our facilities in Madison, Wisconsin or at our clients location. Headquarters in Madison, WI The Civic Systems team consists of over 20 friendly, dedicated, and helpful associates that are ready to help you through every part of the software process from consulting to conversion to training and customer support. With our staffs extensive public sector accounting expertise, we can help you make the most of your software investment. Over 20 years ago, Civic Systems, LLC (Civic) entered into an agreement with Caselle, Inc. to represent their software throughout the Midwest. Caselle's software is the result of a long evolution that began in the 1950's as a part of a small CPA firm. Today, Caselle, Inc. provides fully integrated, true Windows -based financial and utility billing software to 1,200 clients throughout the United States. (071 • civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 9 4.0 Offeror Information Qualifications and Experience Chad M. Jarvi, CPA President 608 240 2372 cjarvi@civicsystems.com CHAD JARVI Chad Jarvi, President of Civic Systems, LLC, has been with Baker Tilly Virchow Krause, LLP since 1995. He oversees all operational aspects for Civic Systems including conversion, training, and support. Prior to Civic Systems, Chad was a member of the Baker Tilly Virchow Krause Public Sector Group providing auditing, accounting, and technology services to local governments. His in-depth product understanding coupled with his audit experience helps clients find the most efficient ways to use the software. SPECIFIC EXPERIENCE > Manages the conversion, training, and support departments within Civic Systems. > Has managed the successful software implementation of over 160 public sector clients. > Helps public sector clients effectively implement software to achieve greater productivity from their employees. > Assists clients in developing project plans and timelines to ensure successful software implementation. > Assists in migrating data from a client's legacy system to the Civic Systems software. > Aids in the design and development of software products offered. INDUSTRY INVOLVEMENT > AICPA — American Institute of Certified Public Accountants > WICPA — Wisconsin Institute of Certified Public Accountants > Speaks at industry conferences as well as Baker Tilly Virchow Krause and Civic Systems sponsored seminars. EDUCATION University of Wisconsin — Madison Bachelor of Business Administration in Accounting and Management • (171 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 10 4.0 Offeror Information Qualifications and Experience Mike Laesch Vice President — Business Development and Client Relations 608 240 2389 mlaesch@civicsystems.com • (171 civicsystems strong software, strong community MIKE LAESCH Mike Laesch, Vice President — Business Development and Client Relations has been with Civic Systems, LLC since 2005. Mike has over ten years of experience in New Business Development and Marketing to municipalities and utilities throughout the Midwest. He has a thorough knowledge of software applications and has helped numerous local governments find the best solutions for their needs. Beyond solving customer requests Mike proactively offers ideas and insights to improve the customer's experience. SPECIFIC EXPERIENCE > Manages Business Development for both internal and external sales. > Oversees all contracts associated to Special Projects. > Manages Customer Relations from initial introduction through the entirety of the customer lifecycle. > Assists clients by providing sound advice on what products and services to meet their specific needs. > Ensures client needs are fulfilled with future development projects. > Assists clients in developing project plans and timelines to ensure successful software implementation. INDUSTRY INVOLVEMENT > MTAW — Associate Member > WI GIPAW — Associate Member > WI GFOA — Associate Member > MN GFOA— Associate Member > MN CFOA — Associate Member > MMUA — Associate Member > IMFOA — Associate Member > IL GFOA — Associate Member EDUCATION Iowa State University — Ames Bachelor of Science A SUBSIDIARY OF BAKER TILLY US, LLP 11 4.0 Offeror Information Qualifications and Experience MICHAEL J. MANDLER Michael Mandler, Vice President - Support for Civic Systems, LLC, has been with Baker Tilly Virchow Krause, LLP since 1996. Michael has over eighteen years of experience in providing software implementation, conversion, training and support to municipalities and utilities. Michael also has a background in providing auditing and accounting services to local governments and not -for -profit entities and uses this experience to assist clients in utilizing the software for their everyday needs. SPECIFIC EXPERIENCE > > > Michael J. Mandler, CPA > Vice President — Support 608 240 2370 mmandler@civicsystems.com • (171 civicsystems strong software, strong community > > > Oversees the support team and helpdesk within Civic Systems. Acts as a primary point of contact through the onboarding period (following initial implementation and training) to ease clients' transition to using Civic's applications. Maintains and manages the Civic knowledge base to provide online resources to solve client software issues Has managed the conversion team and provided successful software conversion and implementation services for numerous municipalities and utilities. Provides advanced training to both system administrators and end -users on Civic's application software. Provides process redesign guidance and assistance. Identifies and develops integrations between existing systems and processes with new software. INDUSTRY INVOLVEMENT > AIIM — Association for Information and Image Management > AICPA — American Institute of Certified Public Accountants > WICPA — Wisconsin Institute of Certified Public Accountants EDUCATION University of Wisconsin — Madison Bachelor of Business Administration in Accounting A SUBSIDIARY OF BAKER TILLY US, LLP 12 4.0 Offeror Information Qualifications and Experience Cassandra Camren Vice President — Implementation 608 240 6761 ccamren@civicsystems.com CASSANDRA J. CAMREN Cassandra Camren, Vice President - Implementation, joined Civic Systems, LLC in 2013. She manages the training for Civic Systems' financial and utility billing software. Cassandra has spent over 15 years working in finance within local government agencies as an assistant finance director and a clerk/treasurer. By combining her keen understanding of governmental accounting with her knowledge of information systems and her experience with the challenges local governments face she provides a unique blend of experience to assist clients in redesigning their processes to effectively implement and utilize new software applications. SPECIFIC EXPERIENCE > Manages the conversion and training departments within Civic Systems. > Provides process redesign guidance and assistance. > Integrates existing systems and processes with new software. > Trains administrators and end -users on Civic application software. > Assists public sector clients to effectively implement software to achieve greater productivity from their employees. > Assists clients in developing project plans and timelines to ensure successful software implementation. > Assists in migrating data from clients' legacy systems to the Civic Systems software. > Specializes in software conversion and training for municipalities and municipal utilities. > Provides software technical support for all modules. > Provides accounting support for municipalities and utilities. > Tests software enhancements to ensure functionality. EDUCATION University of Wisconsin — Eau Claire Bachelor of Business Administration in Accounting • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 13 4.0 Offeror Information Qualifications and Experience Vice President — Development and Conversion 608 240 2793 mmeyerOcivicsystems.com • (071 civicsystems strong software, strong community MARK J. MEYER Mark Meyer, Vice President - Development and Conversion for Civic Systems, LLC, has been with Baker Tilly Virchow Krause, LLP since 2009. Mark has over five years of experience in providing software development, conversion, technical expertise, support, and training to clients of all different sizes. Mark also has a background in providing auditing and accounting services to local governments and not -for -profit entities and uses this experience to assist clients in improving their processes and effectively integrating existing software and systems with new software. SPECIFIC EXPERIENCE > In charge of all custom application development and programming services for Civic Systems. > Trains administrators and end -users on Civic application software. > Provides process redesign guidance and assistance. > Integrates existing systems and processes with new software. > Assists public sector clients to effectively implement software to achieve greater productivity from their employees. > Assists clients in developing project plans and timelines to ensure successful software implementation. > Develops and programs custom software for specialized processing and reporting needs. EDUCATION University of Wisconsin — MBA Consortium Master of Business Administration University of Wisconsin — La Crosse Bachelor of Science Information System and Accounting A SUBSIDIARY OF BAKER TILLY US, LLP 14 5.0 Key System Requirements Please see Attachment Appendix C rcivicsystems civics stems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 15 6.0 Pricing Civic Systems, LLC 4807 Innovate LN P.O. Box 7398 Madison, WI 53707-7398 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 You agree to purchase the software and services detailed below and Civic Systems, LLC agrees to provide them. An initial 50% down payment is due with this contract. The remainder is due at training.*Additional payment terms can be provided such as spreading the payments over 2 or 3 years at 0% interest. The information provided in this proposal is valid for 90 days after the date of issue. INVESTMENT SUMMARY License Fees $ 149,200 Less: Discount (37,300) Training 29,700 Conversion/Setup 57,000 TOTAL INVESTMENT ANNUAL SUPPORT (Software For Life**) $ 198,600 $ 29,215 *Hosting Model Fee is Listed as Optional TRAVEL COSTS (IF NEEDED) Travel costs are a not -to -exceed and based on eight (8) round trips and 25 overnights. Much of the training can be done remotely through Zoom to alleviate travel costs if desired. Mileage (eight 306 mile round trips @ $0.625/mile) Hotel (25 nights at $170/night) Meals (25 days at $35/day) $ 1,530 4,250 875 TOTAL INVESTMENT $ 6,655 *A formal contract will need to be entered before any software is installed. **Software For Life provides you the assurance that you will never have to purchase another upgrade from us in the future. The Client will always be on the latest version of the purchased modules as long as they are current with annual support payments. (071 • civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 16 6.0 Pricing MODULES INCLUDED License Fee Purchase Price One -Time conversion / setup Training and Onsite Assistance Cost/Days Year one Total w/o Support Annual Fees* Site License $ 25,000 $ 0 $ 0 $ 25,000 $ 5,000 Accounts Payable with miExcel AP 7,000 1,800 1,200 10,000 1,750 Check On Demand Included Included Included Included Included Purchase Orders 2,700 600 600 3,900 675 Accounts Receivable 5,500 1,200 1,200 7,900 1,375 Animal Licenses 3,300 1,200 600 5,100 825 Building Permits 8,000 4,800 1,800 14,600 2,000 Code Enforcements 3,000 1,200 600 4,800 750 Approvals and Notifications Included Included Included Included Included Field Inspections (Mobile App) 3,000 900 600 4,500 750 Citizen Portal (5 Permit Forms) 1,500 4,500 900 6,900 900 Planning and Zoning 4,500 1,500 600 6,600 1,125 Business Licenses 3,300 1,200 600 5,100 825 Cash Receipting with Payment Import 5,500 600 1,200 7,300 1,375 Fixed Assets 3,300 600 600 4,500 825 General Ledger with miExcel GL 7,000 2,400 2,400 11,800 1,750 Activity Reporting Included Included Included Included Included Bank Rec Included Included Included Included Included Budgeting Included Included Included Included Included Human Resources 4,500 600 600 5,700 1,125 miViewPoint (Department Head Dashboard) 5,500 600 1,200 7,300 1,375 miAP/PO Workflow with LF Integration 6,000 1,500 1,500 9,000 1,500 miBudget 3,000 300 300 3,600 750 miOpen Enrollment 4,500 3,600 900 9,000 1,125 miUtility Included Included Included Included Included Payroll with Direct Deposit 12,200 3,600 3,600 19,400 3,050 ACA Reporting 2,000 300 300 2,600 500 Electronic Submittals Included Included Included Included Included miPay with miTime (Electronic Timesheets) 5,500 2,400 1,200 9,100 1,375 miExcel PR and Timekeeping Included Included Included Included Included Project Accounting 5,500 1,200 1,200 7,900 1,375 Utility Billing with Direct Pay and ERI 12,900 15,000 4,800 32,700 3,225 miExcel UB Included Included Included Included Included Service Orders with Mobile Service Orders 3,000 600 1,200 4,800 750 Splitter Included Included Included Included Included Citizen Portal 2,000 Included Included 2,000 600 Implementation Project Management -- 4,800 -- 4,800 -- Less Discount (37,300) -- -- (37,300) (7,460) TOTALS COSTS 111,900 57,000 29,700 198,600 29,215 *HOSTING FEE IS LISTED AS OPTIONAL (071 • civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 17 6.0 Pricing Optional Product Descriptions (Not Selected) License Fee Purchase Price One -Time conversion / setup Training Cost @ $1,200/Day Year one Total w/o Support Annual Fees Applicant Pro (Online Application Review) * 1,000 -- -- 1,000 2,895 Animal Licenses 3,300 1,200 600 5,100 825 Backflow Management 4,500 1,200 1,200 6,900 1,125 Business Tax 6,500 2,400 900 9,800 1,625 Special Assessments 3,300 1,200 600 5,100 825 Materials Management (Inventory) 4,500 1,200 1,200 6,900 1,125 Hosted (20 Named Users) -- 2,500 -- 2,500 15,600 Each additional Named Users above 20 -- -- -- - 720 • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 18 7.0 Implementation IMPLEMENTATION SERVICES The overall focus of our implementation methodology is to segment the project into manageable pieces, developing specific deliverables and checkpoints for each phase to evaluate progress, risk and business drivers. Therefore, we have divided this project into five (5) segments. The approach is inherently iterative and incremental, where each segment builds upon the work done in the prior segment and drills deeper into the details. The five (5) segments of our proposed approach are: 1. Establish Timeline / Information Gathering 2. Configuration 3. Conversion 4. Deployment 5. Go Live 1. ESTABLISH TIMELINE / INFORMATION GATHERING The objective of the Establish Timeline / Information Gathering segment is to conduct a kick-off meeting with the necessary parties to define the appropriate strategy and timeline to implement the utility billing system. The success of any project usually depends on adequate up front planning. Software conversion is no different. From the first meeting until the last total is tested, an in-depth timeline and action plan will guide our progress. Since planning is such a key element in the success of your conversion, an in-depth, pre -conversion working session will be held at your site to identify key individuals, discuss current processes and procedures, assess potential risks and establish a project timeline. The timeline established will document our process, assist with staff availability planning, and minimize your staffs duplication of effort. Activities: > Set project timeline. > Identify project members and responsibilities. > Prepare / finalize implementation plan. > Identify phasing, if appropriate. > Discuss rate structure. > Discuss unique business processes. > Review and complete kick-off checklist • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 19 7.0 Implementation CONFIGURATION The Configuration segment is used to setup the system to accommodate the utility's rates, service orders, bill formats, etc. This involves setting up all control or organizational files within the system. During the configuration of your project, Civic's knowledgeable staff will work with the City, using your own data, to create the reports that you need to do your job efficiently. Civic's staff will also make recommendations for new reports that will help make your staff more efficient. Activities: > Setup rates and services. > Setup service order action codes. > Setup customer number format. > Setup cash receipting categories. > Setup general ledger account numbers for each rate and service. > Setup penalty rates. > Setup customer types. > Setup bill formats, delinquent notices, shutoff notices, etc. > Install software for client 2. CONVERSION The Conversion segment is used to take the data from the utility's legacy systems and convert it into our system. This segment has three (3) specific steps to it. We start by performing an initial conversion of preliminary data received. This preliminary data is used to perform the second step which entails performing several parallel utility bill runs to compare back to the utility's legacy to ensure accuracy of the converted data. The third step involves performing a final conversion of data. Our approach is to create a conversion program for each and every different legacy system. Once complete, this conversion program is then utilized to take a snapshot of the utility's data at any point in time and run it through the conversion program. This minimizes the amount of time it takes for us to grab a final set of data and produce an end product for the utility. Activities: > Determine method for obtaining raw data from legacy system. > Analyze data with assistance from utility personnel. > Begin conversion program to map legacy data to match our data layouts. > Perform parallel bill runs and compare against legacy system. > Make appropriate changes to conversion program. > Obtain final set of data and pass the data through the conversion program. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 20 7.0 Implementation 4. DEPLOYMENT The Deployment segment is used to provide end user training and to deploy the accepted version of the utility billing system into a "live" situation. More than one utility is not permitted in any one training session so that utility receives our undivided attention. Civic's Educational Services include individualized, hands-on instruction at our Madison, Wisconsin training facility or onsite. Our thorough, patient instructors will guide you through all the software features necessary for effective use. At completion, you will immediately be able to begin using the software. Our structured training curriculum clearly outlines course objectives and goals to help you maximize your learning experience. We will train you on the City's actual data, to ensure that exercises are applicable to you. Group sessions and one-on-one instruction aid in the learning experience. Activities: > Train the client. > Setup on-line steps checklist walking the utility through its daily, billing, and monthly processes. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 21 7.0 Implementation 5. Go LIVE The Go Live segment occurs after successful training of the client. We commit to being onsite to assist with the utility's first several bill runs and for the first several days, weeks, etc. after "go -live". During the first 90 days following training, you are welcome to contact your classroom trainer for software support. This helps create a smooth transition, since your trainer will be aware of any unique issues discussed during training. After 90 days, our experienced customer support representatives will be able to effectively handle any and all support issues. DELIVERABLES Description Complete By Date 1. Project Plan and Timeline 2. Install Caselle application and load databases 3. Forms complete (i.e. utility bill, delinquent notice, shutoff notice, etc.) 4. Initial conversion program complete utilizing sample data 5. Results of parallel billing. 6. Forms complete (i.e. utility bill, delinquent notice, shutoff notice, etc.) 7. Final conversion program complete. 8. Training outline and agenda. 9. Final data converted. 10. "Live" version of utility billing system running at utility (071 • civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 22 7.0 Implementation MILESTONES Milestone Description Date 1. 50% payment received 2. Kick-off meeting complete 3. Project plan complete 4. Preliminary data received 5. Initial configuration approved 6. Forms approved 7. Initial conversion program complete 8. Hardware and application installed 10. Training outline and agenda complete 11. Parallel bill completed to within 99% accuracy 12. Final conversion program complete 13. Final data received 14. Final data converted 15. 50% payment received 16. Training complete 17. Go Live PROJECT ASSUMPTIONS 1. The City has a project manager to help coordinate required tasks and provide resources. 2. Project management staff from Civic and the City will work directly with each other and make a good faith effort such that the member utility's needs are met. 3. Once this project begins, changes in scope may be necessary. The project managers from Civic and the City will maintain adequate control over project scope. 4. Resources from the City will be available to help Civic define and formulate business processes. 5. The City and Civic need to prepare the schedules of all stakeholders and the user community to devote the necessary time and energy into appropriate training of the utility billing applications. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 23 7.0 Implementation PROJECT CONSTRAINTS 1. Absences by team members, whether planned or unplanned, whether from Civic, member utilities, or the City team, may impact the project timing. 2. The servers for the project need to be purchased received and configured prior to the software being installed. 3. Project has a hard completion date of no later than (TBD). PROJECT ORGANIZATION PROJECT ROLES AND RESPONSIBILITIES 1. Project Sponsor: The person or group providing financial resources, in cash or in kind, for the project. 2. Business Owner: The person steering the project's goals and vision. 3. Account Executive: Individuals responsible for the project scope. 4. Technical Support: Individuals with expertise about the system being implemented. 5. Project Manager: The person managing the project and its successful, on -time completion. 6. Stakeholders: Individuals and organizations actively involved in the project, or whose interests may be affected as a result of project execution or project completion. 7. Subject Matter Experts: Individuals with expertise about systems or processes required to complete the project and/or make it successful. PROJECT DIRECTORY Name Title Role • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 24 7.0 Implementation COMMUNICATION PLAN 1. Day to Day Communications on non -urgent items that affect the project should be by email, with all team members on the distribution list, including the Civic team members. If an item is identified as an issue, it will be entered on the Issue Log for the project. 2. Note: Email is NOT to be used for messages of any urgency. Critical or time -sensitive items must be communicated immediately by telephone, followed by a summation email to keep everyone apprised. 3. Project Team Meetings will occur on a regular basis (weekly, on at : AM/PM CST) with all appropriate team members in attendance, either in person or by telephone. This meeting will recap the week's activities, with each team member reporting on their own progress and issues, including schedule variance and explanations, and activities schedule for the next reporting period. 4. Project Status Reports serve two functions. They provide feedback to the project organization and they serve as a historical record of the project progress, decisions, success, achievements, and shortcomings. Background information that is obvious to the project team at the time of the report may not be available to subsequent readers; therefore inclusion of all related information will be helpful for documentation. Project Status Reports are accomplished through a bottom -up approach. Team members will report to their Project Manager on a weekly basis in the Project Team Meetings. Information gathered during the Project Team Meetings will be incorporated into a Project Status Report that will be distributed to all Team members and to the Steering Committee. 5. Communications Grid Communication Project Mgr Project Team Delivery Day to Day X X D, E Status Meeting Minutes X D*, AN, T, E Status Report X W, E Change Assessment X AN, P Urgent/Emergency X X D, T Delivery Key: Frequency (D) daily; (W) weekly; (M) monthly; (AN) as needed Delivery Method (E) email, (M) memo, (P) PM tool output, (C) conference, (T) teleconference *When Civic is onsite. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 25 7.0 Implementation RISK AND ASSET MANAGEMENT Risk is an uncertain event or condition that, if it occurs, may have a positive or negative effect on a project's objectives. Risk management endeavors to optimize the likelihood of meeting project objectives and maximize the opportunities representing "positive" risk. Risk management also endeavors to minimize the occurrence of threatening conditions and events, and the impacts to project objectives that result. Identification of risks up front reduces the amount of surprises, crisis management, disappointment, workarounds, re -work and waste. Project risks will be categorized as follows: 1. Scope, Technical or Quality Risks: Project changes or additions, required customizations, technical design issues 2. Management Risks: Lack of proper management, resource issues, sponsorship 3. Organizational Risks: Slow decision -making, interruption of funding, changes in corporate goals or strategy, labor issues, end - user buy -in 4. External risks: Delivery of equipment, environment issues When project risks are identified, project management will discuss ways to mitigate the risk, agree on a contingency plan and decide the trigger points for action. ISSUES / CHANGE MANAGEMENT An issue is a concern that may impede the progress of the project if not resolved. Issues require a decision and a resolution. The resolution may require concurrence from many people. Issue resolution may drive changes to the project's scope. As stakeholders identify an issue, the project managers will identify the issue as either a show -stopper, work -around, or nice -to -have. To ensure the health of the project, all issues and changes must be documented to their conclusion. Issue definitions: 1. Show -stopper: This type of issue is mission critical to the utility and the user community cannot do their work unless the project team resolves it. 2. Work -around: This issue is a feature or function of the Caselle application "out of the box" that does not fit the model of how the user visualizes the product should be. It can also be a malfunction of the product that needs to be addressed (a bug). Work can continue forward with either adjustments on the part of the end user or minor changes in the application design. • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 26 7.0 Implementation 1. Nice -to -have: This issue is a special request for Civic to provide the utility. This issue helps drive new features and functions of the product. 2. The Change Process: a. b. c. d. e. f. The City's project manager contacts Civic project manager to discuss how the change will be handled. The project managers from the City and Civic agree on how the change impacts the scope of work. They agree if the change can be incorporated as part of a release, handled as part of the original project scope or may require additional cost. The City and Civic project managers will then work together to establish a technical specification if they agree it is needed. Civic project manager will work with their internal development group to understand the requirement. Civic project manager will then report back to the City's Project Manager of what the change requires for implementation. A change order form is used to communicate the required change. Note: Any change in scope will require approval and formal signoff by all parties. Significant changes in scope will be subject to the City's formal change management process. Any modifications resulting in the delay of project completion or addition of resources (money, people, hardware, software, etc.) will be subject to additional approval by the City. PROJECT DECISIONS During the course of the project when technical, procedural, operational decisions are made they will be documented in the weekly status report prepared by the City. The Weekly Status Report is a document maintained by the project team. Report Development During the Conversion, Training, and On -Site Assistance phases of your project, Civic's knowledgeable staff will work with the City employees, using your own data, to create the reports that you need to do your job efficiently. As part of the report training, Civic's staff will also make recommendations for new reports that will help make your staff more efficient. The report writer is the biggest differentiating feature of the Caselle suite of software. All the modules come with a series of canned reports that can be modified by date ranges, selection criteria or report order. The report writer also provides a dynamic table list report builder to customize reports with calculation features. Drill capabilities are throughout the program and are used extensively in the miViewPoint Predefined Reports, so that the City's needs will be developed during the conversion process. • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 27 7.0 Implementation Users truly have access to all data contained in the system. The system has a report writer with numerous "canned reports" contained within each module. These reports can all be altered by the user adding or selecting selection criteria and report order of fields within the database (including user -defined fields). If there is an instance where the user needs a report that is not already available, they have the ability to create a table list (report, mail merge, labels or export file). The table list report writer gives access to every table and its subsequent data within the system. The user needs to identify which table columns and fields to pull out on the report and can save it so it does not have to be recreated. All reports can be printed to file, network printer, PDF, etc. The only additional costs associated with this feature would be if the City requested our staff to generate such a custom report rather than performing the duties themselves. If so, Civic Systems would bill the City on a time -and -materials basis. Along with the report writer that is built into all of our modules, Civic Systems has quoted a web based miViewPoint reporting tool which enables reports to be run with read only rights of the data. This gives Department Heads and Management reports that are readily available without the need to get into the system. STAFFING Civic Systems will have a Project Manager that will be dedicated to this project from the start (kick-off meeting) to the final acceptance. The Project Manager will have 2-3 implementation specialists/trainers that will work collaboratively with the City and Civic's Project Manager to ensure the implementation goes smoothly. We have found it crucial to make sure we have 1 person specifically in charge of the financial module, 1 person in charge of the Utility Billing modules and 1 person in charge of the Building Permits and Code Enforcement modules. We structure our implementations this way to ensure adequate time can be dedicated to each portion of the implementation and so the implementation can be done in an efficient amount of time. You will find it helpful to get all of the modules running together as quickly as possible to start using the efficiencies of a fully integrated solution. The implementation specialists that are assigned to each aspect of the implementation will also be the trainers as we have found those that are in the process for the entirety have the most knowledge of the Citys processes and where additional efficiencies can be made through the training and education of the software. When the on -site training is completed Civic's implementation staff will be on -site to assist in the crucial Go -Live process of month end, Payroll and Billing to ensure everything runs smoothly and the City staff is comfortable. After Go -Live the City will be assigned to a post Go -Live support member to have direct access to an individual to make sure those support and assistance needs can be addressed quickly. The City will need to have a point person in the UB, Financials and Building Permits throughout the implementation to ensure we can get answers to our conversion and implementation questions. Depending on the organization size and complexities this could be 1 person or separate people for UB, Financials and Permitting. These meeting are often scheduled as we know that your staff can not be at our call whenever we need them. Because of our expertise converting MSI we do not need assistance in converting the data but we might have questions on how or why specific aspects are setup the way they are. Training is provided in section 10.0. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 28 8.0 Support SUPPORT: Support Center The Civic Systems Support Center prides itself on timely and accurate support. Friendly, helpful representatives facilitate prompt issue resolution so your operations are not interrupted. Support Center Objectives Civic Systems Support Center's number one objective is responsive issue resolution. Every call is tracked and prioritized, based on urgency. Through our Customer Support Portal, which is accessible via the Internet, customers can view the status of a ticket at anytime, 7 days a week. Methods for Requesting Service When a customer experiences an issue with the program, they are encouraged to contact our support via the toll free line (888 241 1517), send an email, fax or log a ticket directly into our support portal, Zoho. Once the ticket is logged, it will have a unique identifier tying to customer, individual, issue, time and date stamp and what queue it will reside in (financials versus utility). The user can receive automated email updates as their ticket is being addressed. Our support methodology is to hook up with the customer to review the situation and issue together. We contact the user by phone and then have them "invite us" to view their machine with the GoToAssist tool (or VPN or Rapid Assist or however the client -preferred means are). Once we are hooked up on the phone and via computer, we will often have our staff take the controls, but encourage the users to ask questions and observe the process. This can be thought of as an additional training session to hopefully share information for future reference. In addition, our support portal has on-line tutorials to assist customers in common issues (i.e. Year End processing, Bank Reconciliation, Customer move -outs, etc). Additionally, each customer has access to a customer -wide ticket response to possibly view how other similar situations were handled and a portal to all previous tickets logged by the City. If there is an issue that our support staff cannot resolve, a CSR is created. This support is available as long as the City keeps current with their Annual Support fees. CIVIC Systems Support Center Hours Monday through Friday 8:00 AM ❑ 5:00 PM Central Standard Time. Saturday/Sunday ❑ Please leave a message on the voicemail system for processing on Monday morning. Arrangements can be made for additional support after the posted hours. Ongoing Support and Maintenance Your proposed annual support fees listed on the pricing sheet include unlimited, toll free telephone support for purchased Civic software applications, as well as all future software enhancements and updates. Upgrades are released annually and will be downloaded via website to your server. User Groups User group meetings are provided by Civic in the fall of each year in the Wisconsin Dells, WI. Our user group meetings allow our customers to learn more about the software in advanced training classes and provide valuable feedback that helps us continually improve our level of service. The user group meetings also provide an opportunity for users to share their processes and experiences, which often generate improvement ideas. In addition, Caselle holds an annual user group meeting in October. The user group meeting for 2018 was held in Salt Lake City, UT and 2019 was held in Las Vegas, NV. This meeting allows customers to meet all of the vendors that provide products to interface with Caselle and become more efficient. 2020 and 2021 were cancelled due to Covid. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 29 8.0 Support Customer Service Requests If a customer requests a change be made to the system program, a CSR (Customer Service Request) is created. The CSR's are forwarded to the programmers and accumulated over the course of the year(s). The CSR's with the most frequency are top priority when the next annual release is created. This satisfies the largest number of users at no additional cost. However, if a customer NEEDS a program change to the system mid -year and it will be mandatory for other customers as well (i.e., WI State Retirement Report change, etc.), this patch will be pushed out to all affected customers ASAP. When the next release of the software is pushed out, all customers will be on the same version to simplify support needs. If the customer is requesting a modification that is site -specific, a quote will be provided with a Not -To -Exceed amount. Patches and Fixes Civic Systems will perform testing on the program at the best of our capabilities to rid any potential glitches; however, we do not certify. We have the benefit of being a VAR of the Program, which allows us to wait for the initial release to be distributed to over 800 users elsewhere in the country. We sit on the release and test it in-house. After a month when any bugs or glitches have been worked out, then we retest it in-house and distribute it to our customers via FTP site. Problem Resolution Each call that comes in is time and date stamped with the user's information. This makes it possible to track response time and resolution time for any given period of time. At the time of the ticket registration, it is given a priority coding; Normal = routine call for assistance on a non performance critical item (i.e., report help); High = needs special attention as it is limiting some performance (i.e., General Ledger update error); or Urgent = needs the quickest response possible as it is preventing a critical process from proceeding (i.e., Payroll check run error). Regardless of the priority, we will call back within 2 Hours. Non critical issues can often be resolved by the user with on-line support tutorials, and a complete knowledge base is available on-line. Users can call the toll free line, email, fax or go online and directly log a ticket via the portal. Typical hours of support are 8:00 AM — 5:00 PM CST, but if necessary, it would be possible to make other arrangements from time to time. Hourly Rate Additional work outside of support is provided at our hourly rate of $150-$180 HR depending on the work needed. Billable instances include reconversion work because of wrongly entered data, programming and extensive bookkeeping beyond the normal scope of software support. • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 30 9.0 Information Technology HARDWARE REQUIREMENTS (IF ON PREMISE, IF THE CITY GOES HOSTED THESE WILL NOT BE NEEDED) Network System Requirements — Caselle® Connect — Network Important! Using servers or workstations that do NOT meet the specified network system requirements may result in unsatisfactory performance and response times. This document lists the minimum hardware and software requirements for installing Connect. Network Server Operating System Network Server Equipment Database Server Equipment and Operating System Database Software Network Server and Database Server Power Protection Workstation Computer Workstation Operating System Workstation Power Protection Backup System Data File Transfer Printer Receipt Printer Internet Access Email Network Installer Web Services miViewPoint Only needed if miViewPoint is being installed. • (071 civicsystems strong software, strong community Microsoft ® Windows 2012, 2012 R2, 2016 Server (64-bit) or 2019 (64-bit) Intel® Xeon® Quad -Core Processor 3.0 Ghz or higher (Minimum 16 GB of available RAM 130 GB available disk space for Caselle Connect applications (180 MB) and data I Separate physical hard drive for SQL log file 8-15 K SAS HDD preferred I Color SVGA .28 Monitor I 1 GB Ethernet Network Card I 1 GB Ethernet Switch I DVDRW Drive All hardware must be Microsoft® certified (request printed certification documents). Intel® CoreTM i3, Intel® Celeron®, and AMD SempronTM, and Intel® Pentium processors are NOT recommended. • Use the Recommended Network Server. For better performance, increase memory on network server or, use a separate Database Server (same specifications as the Network Server). • Networks with more than ten workstations may require faster processors and/or more memory than the recommended. Microsoft® SQL Server 2012 (64-bit), 2014 (64- bit) or 2016 (64-bit), or 2019 (64-bit) True On -Line UPS, 600 Voltamps minimum with UPS Monitoring card, cable, and software. Intel Core 2 Duo, i5, or i7 (3 GHz or higher) 18 GB of available RAM 130 GB available disk space for Caselle Connect applications (180 MB) and data I LCD Monitor All hardware must be Microsoft® certified (request printed certification documents). Intel® CoreTM i3, Intel® Celeron®, and AMD SempronTM, and Intel® Pentium processors are NOT recommended. Windows 10TM Professional (32-bit or 64-bit). UPS/Battery backup unit Network quality system to back up fileserver hard drive on one tape and provide tape read after write verification. Make sure the backup system supports backing up MSSQL Databases. Example: Backup Exec with SQL Agent. DVDRW Drive HP Laser Printer or Canon Copiers with PCL or Postscript Drivers Ithaca 9000 and 1500 Series Printers I Star TSP100 I Epson TM — U325, TM-U675, and Epson TM — H6000IV DSL, ISDN, or T1 Explanation: Caselle® Applications require Internet access to download program updates. Using an Internet connection that is slower than 256 Kbps will take significantly longer to download data. Email that is compatible with Microsoft® Windows. Microsoft® Certified IIS 7 (Windows Server 2008, 2012) IIS 7 or later 130 GB of available disk space for miViewPoint on the IIS and SQL Servers Modern Web Browser on any PC using miViewPoint (IE1 1 or greater, up to date Chrome, or up to date Firefox) If miViewPoint is made internet available a modern mobile browser is required. A SUBSIDIARY OF BAKER TILLY US, LLP 31 9.0 Information Technology Ontech system s, inc. Security Measures MFA Secured Administration Access Explicit User Account Access Sonicwall Advanced Gateway Security Suite SentinelOne Technology Webroot AV Azure Backup Features • Recovery Point Management • Storage Management • Resiliency & AveileI ilTj • Geographically Redundant • Backup Alerts Cloud Hosted Caselle Environment Features Users/Clients Remote Users Launch Programs Via RemotcApp MFA Authentication Microsoft Authenticator Microsoft Corporation Azure Backup Retention Servers: • Full backups taken every night at 10:30 pm • Retention: • 7 daily • 4 weekly • 6 monthly • 1 yearly • There is also an instant recovery snapshot taken each day retained 24 hours. SQL Databases: ^ Full backups taken every night at 6:00 pm • Retention: • 7 daily • 4 weeky • 6 monthly • 7 yearly • Transaction logs are backed up every for 30 minutes and retained for 7 days. This allows for recovery of any changes that were made between each daily backup. • C171 civicsy stems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP Sonicwall NSv276 Advanced Gateway Security Service • Gateway And -Virus, Intrusion Prevention, Application Control • Content Filtering and Anti -Spam • Capture ATP Sandboxing • DNS Security • Cloud Based Reporting • 24x7 Support SONICWLL' Corporate Resources Private Cloud R05 Load Balancing for Performance and Ava1IRmlity RDS Server 1 RDS Server 2 Core Server 3 Core Server 4 Core Server 5 Raelcupeorrbr Vault Backup Policies Vault i Mltrlul, Monilar Portal 50ICCLI Vault ( Backup Policies ) eolt-in Replication LIM 2RS• GAS. RAGRS Coss -region restore ItmArlrarr rsirneare Per g 5ncpshar Vault IN soar -In Security r [; Rlua RUC krryptl❑n Sad-delrl* 32 9.0 Information Technology SECURITY: Connect is written in .Net on the 4.5.2 platform with a SQL backend; because of this, the security within the system is unmatched. Each field within Connect can be tracked to see who changed the field and when it was changed. This is added insurance not only for the municipality but for any employee that has access to the system. Security is established within the program based on user sign in down to the field level. Security can be established for both groups and individual users. Users or groups can be permitted or denied access to each screen or report based on security requirements. Additionally, changes to individual fields and deletion of records can be monitored through our history and management tracking capabilities. The system provides an easy -to -use security administration tool that authorized City staff can use to manage permissions for any system users, thus eliminating the security administrator from needing to learn any outside programming. Civic Systems' knowledgeable staff will help you set up your security based off of our industry knowledge and tweak the security based on your needs and desires. There is a single module that handles all security for the system. The following screen shots will provide an illustration of Civic Systems' software capabilities to perform the following: > Restrict Incorrect User Sign -in attempts > Restrict User Rights within the program > Ability to add User -Defined Fields > Ability to Track any field in the system (including User -Defined Fields) > Ability to Report on any desired field changes > Ability to Lock fields from users to make changes > Ability to Redact information from users Access to information can be controlled down to account level based on the user's sign in and password. The system administrator can establish groups based on departmental accounts as well as functionality such as report only users. The software is able to provide "read only" access via the network to provide for multiple user's varying levels of privilege and will allow multiple contemporaneous accesses to specific data without corruption. In addition we provide a web -based Digital Dashboard product that provides a "read only" view of the data on a global basis or departmental based on user name and password. The Digital Dashboard can provide users the ability to look up invoices, view account detail with the ability to drill down to check level detail, view payroll leave time information along with overtime analysis. The Digital Dashboard resides over the database as a "read only" user and allows users to view data without the risk of changing it. The role/group based security will allow you the ability to set up a security template based on department codes and functions. The system administrator can assign users to a specific group role that will restrict accounts codes and functions. For example, based on a user's role the system will only allow appropriate staff to fill out Requisitions with access only to their specific department accounts. The Connect suite of software provides field level history tracking along with management tracking. History tracking provides the ability to view all the edits and deletions to a specific field in the database for all users to view. Management tracking allows only the system administrator to view field level edits and deletions. The security in the Connect suite of software is easily handled within the systems and provides field level protcction at the click of a mouse. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 33 9.0 Information Technology miPay Online Security: • First layer of security is using https for all communication which establishes an encrypted connection between the sender and receiver • The miPayOnline database is encrypted at rest by default, meaning if someone were able to steal our database from Azure the data would all be encrypted • We store the minimum amount of sensitive information as possible o Social Security Numbers are not stored in the database, they are however stored in the W2 files if the client chooses to upload these documents. The are not required to do so ■ We retrieve these files using short lived shared access tokens. This means the urls are only good for 10 minutes and then no longer valid ■ These files are encrypted at rest, meaning if someone were able to get the a valid url the file would not be readable without the encryption key • The encryption key is not stored in source code, but rather stored in Azure's Key Vault which is only accessible using an authenticated connection via our Azure Active Directory. The website has access to the key vault to unencrypt the files for display to the users o Direct deposit bank numbers • We only upload the last 4 digits of the users' bank account to the cloud for the user to verify they are selecting the correct account. The rest of the account number is not stored in the database • When a user requests a direct deposit change the account number is stored encrypted in the database which is encrypted as well until approved/rejected. Once the change is approved/rejected we send the account number to Caselle and remove it from our database except the last 4 digits • The site is setup using an industry standard authentication framework. ASP.NET identity. This framework is built and maintained by Microsoft to have the highest levels of security o Users access the site using their e-mail and password. Password resets are done via e- mail once the user has confirmed they are indeed the owner of the e-mail address o User have the ability to add an extra layer of authentication by enabling two factor authentication via e-mail, text, or authenticator app • The mobile app uses a long-lived refresh token that doesn't expire unless the user doesn't use the app for 60 days o Users are required to authenticate to the app using a fingerprint, face id, or pin (phone dependent) after the initial login o The app automatically requires them to reauthenticate after 10 minutes of being idle 107) • civicsy stems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 34 10.0 Training — Post Go -Live TRAINING Our trainers have extensive software and industry knowledge and will help you apply it to your community Several of our senior trainers have over twenty years of municipal software training experience. Their knowledge of municipal issues provides a strong foundation to help you with budgeting, utility billing and other community operations. All modules have training schedules attached to them in order for the user to utilize the programs to an optimum performance; please find examples of these on the following eight pages. Our structured training curriculum clearly outlines course objectives and goals to help maximize learning experience. The trainers will guide our users through this well planned process. Group sessions and one-on-one instruction aid in the learning experience. We are available for on -site training, training at our home office in Madison, WI or onsite at the City. We are very flexible with where training is held. The City will be training on your own data. Training cost is included in the cost proposal. Civic's Educational Services include individualized, hands-on instruction at the City' location or at our training location in Madison, WI. A combination of these 2 locations is also available. Our thorough, patient instructors guide you through all the software features necessary for effective use. At completion, you will immediately be able to begin using the software. Ongoing Training User group meetings are provided by Civic in the fall of each year in the Wisconsin Dells, WI. Our user group meetings allow our customers to learn more about the software in advanced training classes and provide valuable feedback that helps us continually improve our level of service. The user group meetings also provide an opportunity for users to share their processes and experiences, which often generate improvement ideas. In addition, Caselle holds a national annual user group meeting in October. The location of this year's National show was located in Las Vegas while the 2015 Conference was in Salt Lake City, UT and the 2014 conference was in Scottsdale, AZ. Also available to our customers is a Video on Demand system located in our support portal. Each customer has a username and password with access to all the recorded training videos at no additional cost. This feature is great for refresher training and new user training. Civic Systems is always available to provide additional one on one training at our daily rate. • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 35 10.0 Training — Post Go -Live Classroom Training Civic's four high-tech training classrooms in Madison, Wisconsin allow an excellent learning experience. Hands-on instruction, along with in-depth training, ensures maximum product comprehension. Product overviews and fun classroom games ensure that key objectives are learned. In addition, we can provide on - site training at your location if desired. The daily rate for onsite training is available for the same rate plus actual travel costs. We expect to train each end user, but can also make arrangements for a train -the -trainer approach. Professional, Experienced Trainers Our trainers have extensive software and industry knowledge and will help you apply it to your community. Our senior trainers have over twenty years of municipal software training experience. Their knowledge of municipal issues provides a strong foundation to help you with budgeting, utility billing and other community operations. Structured, Yet Individual, Training Our structured training curriculum clearly outlines course objectives and goals to help you maximize your learning experience. Your trainer will guide you through this well -planned process. Group sessions and one- on-one instruction aid in the learning experience. We prefer to keep the trainer to trainee ratio no larger than 1:4. Customized Learning Using Your Own Data Custom reports and screens can be designed using your data. You will be able to immediately begin using the software at training completion. Post Training Assistance During the first 90 days following training, you are welcome to contact your classroom trainer for software support. This helps create a smooth transition, since your trainer will be aware of any unique issues discussed during training. After 90 days, our experienced customer support representatives will be able to effectively handle any and all support issues. Continued Education Live webinars are provided on a quarterly basis. These webinars are recorded and posted to our support portal for all support customers to watch and learn. These on demand webinars are free and provide a great resource for cross training, refresher training and to learn about new modules and features. We are also available for one on one training with all of our customers at our going daily rate. If you would like a username and login to our support portal to view documentation and videos please contact us and we would be happy to provide you with that information. Steps Checklist During each implementation and new training our staff and the client create daily weekly and yearly checklists that walk through the exact steps and processes in order to complete each task. These Steps Checklists are great tools for cross training and navigating the program. (071 • civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 36 0.0 Training — Post Go -Live ACCOUNTS PAYABLE Training Schedule and Agenda Checklist SYSTEM OVERVIEW ❑ General Screen Features & Tool Bar Options ❑ Maintenance Control Recurring Payment Remittance Terms Vendor (Ch 5, pp. 35-44) ❑ Miscellaneous Checkout Delete—Checks/One Shot Vendors! HistoryNendors General Ledger Update Merge Vendors Recalculate Void Checks Year End Update ❑ Report Menu Items ❑ Inquiry ❑ Data Entry Create Recurring Invoice Invoice Adjustment Entry Invoice Entry Invoice Payment Selection Manual Check Entry CUSTOMIZE YOUR DATA ❑ Data Entry with Your Data Invoice Entry Entering New Vendors Invoice Payment Selection Report Printing and Customization Print Checks (Sample Run) General Ledger Update ❑ Requisitions (if applicable) Enter Requisitions Print/Review Requisition Register Print Requisition Budget Report Approve Requisitions ❑ Purchase Orders (if applicable) Create Purchase Orders Enter Manual Purchase Orders Print/Review Purchase Order Register Print Purchase Order Forms (optional) Enter Items Received — PO Receiving E Accounts Payable Steps Checklist ❑ Approval of AP Check Form ❑ All vendors are setup properly D Vendor totals are properly stated ❑ Calling for Support — Demo of Parature C Final Questions & Answers ❑ Agenda Checklist/Evaluation Client Signature • (071 civicsystems strong software, strong community I lark. A SUBSIDIARY OF BAKER TILLY US, LLP 37 0.0 Training — Post Go -Live ACCOUNTS RECEIVABLE Training Schedule and Agenda Checklist ,S}.S "fl;'i! OVERVIEW ❑ General Screen Features & Tool Bar Options ❑ Maintenance Control Category Billing Codes Collection Codes Customers, pill To Customer Type Group Code Rate ❑ Miscellaneous Change Customer Numbers Checkout Delete Customers/History/Statement Dates General Ledger Update Recalculate ❑ Inquiry ❑ Reports ❑ Oata Entry Invoice Entry Payment Entry Compute Penalty Balance Write -Off Entry Payment Adjustment Entry Create Recurring Billing Deposit Applied Entry Deposit/Refund Entry CUSTOMIZE YOUR DATA ❑ Data Entry with Your Data Customer Entry Invoice Entry Payment Entry Invoice Printing Report Printing and Customization General Ledger Update ❑ Accounts Receivable Steps Checklist ❑ Approval of Invoice Forms ❑ Calling for Support — Demo Parature ❑ Final Questions & Answers ❑ Agenda Checklist/Evaluation Client Signature • (071 civicsystems strong software, strong community lair A SUBSIDIARY OF BAKER TILLY US, LLP 38 raining — Post Go -Live CASH RECEIPTING Training Schedule and Agenda Checklist SYSTEM OVERVIEW ❑ General Screen Features & Tool Bar Options ❑ Maintenance ❑ Miscellaneous ❑ Data Entry With Instructional Data Payment Entry Receipt Printing Balancing to Bank Deposit Updating Payments General Ledger Update ❑ Reports Menu Items CUSTOMrzE YOUR DATA ❑ Work With Your Data Review Control Table Review Category Table Review Distributions Review Payment Types Review Workspaces Review Operators ❑ Entering Payments & Printing Receipts ❑ Running Reports/Balancing Receipts Register Payments Register ❑ Cash Receipting Steps Checklist ❑ Calling for Support — Demo of Parature ❑ Final Questions & Answers ❑ Agenda Checklist/Evaluation Client Signature I late • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 39 raining — Post Go -Live GENERAL LEDGER Training Schedule and Agenda Checklist SYSTEM OVERVIEW ❑ General Screen Features & Tool Bar Options ❑ Main Menu ❑ Maintenance Control Dates Account — Review loons & Shortcut Keys Banks — Ownership of Cash & Cash Al location Journal Codes Financial Statements ❑ Miscellaneous Checkout Change Current GL Period Close GL Period ❑ Inquiry ❑ Reports ❑ Data Entry Automatic Allocations Budget Entry Journal Entry Reconciliation Entry RecurringlReversing Entries ❑ Work With Instructional Data Enter Cash Disbursements Enter Cash Receipts/Prepare Bank Reconciliation Enter, Modify, and Delete Entries Month -End Processes, Using Checklist Run Automatic Allocations Run Checkout Reports CUSTOMIZE YOUR DATA ❑ Data Entry — Your Data ❑ General Ledger Steps Checklist ❑ Approval of Financial Statement Reports ❑ The chart of accounts is setup and formatted properly ❑ General ledger account totals are properly stated E Calling for Support —Show Parature ❑ Final Questions & Answers ❑ Agenda Checklist/Evaluation Client Signature • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 40 10.0 Training — Post Go -Live GENERAL LEDGER ADVANCED Training Schedule and Agenda Checklist SYSTEM OVERVIEW ❑ Password Setup System Department ❑ System Management ❑ Grant Setup ❑ Activity Setup ❑ Miscellaneous Change GL Account Number — How it Works Delete Budget/Bank/Grant/Transactions ❑ Bank Reconciliation Review Features and Prepare First Month Bank Reconciliation with Sample Data ❑ Auto Allocation Review, Run, and Analyze First Month Automatic Allocations for Cash, Accounts Payable and Payroll Payables ❑ Financial Statements Report Modifying and Creation ❑ Reports Modifying Current Reports Creating Table Lists Creating Budget Reports ❑ Year End Closing ❑ Calling for Support — Demo of Parature ❑ Final Questions & Answers ❑ Agenda Checklist/Evaluation Client Signature Date • 1071 civicsy stems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 41 0.0 Training — Post Go -Live GENERAL LEDGER - BUDGET Training Schedule and Agenda Checklist System Overview ❑ Budget Levels ❑ Budget Entry Creating a budget entry Computing an annualize budget Copying to a projected budget Copying a budget to a single period Copying period actuals to the following year Modifying the YTS budget to equal the projected budget Copying actual amounts to a single period Closing a budget level ❑ Budget Reports Creating a Budget Worksheet Budget by Level Budget Proof Budget Journals ❑ Report features Exporting as a text file ❑ Questions and Answers ❑ Complete Agenda Checklist/Evaluation Client Signature Hate • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 42 0.0 Training — Post Go -Live PAYROLL Training Schedule and Agenda Checklist SYSTEM OVERVIEW ❑ General Screen Features & Tool Bar Options (p. 1) ❑ Maintenance Overview Control (Chapter 5, p. 57) Dates (Chapter 6, p. 65) Employee (Ch 4, p. 34; Ch 7, p. 67) - Employee Allocation - Employee Pay Code Human Resources (Chapter 8, p. 95) Federal (Chapter 9, p. 103) State (Chapter 16, p. 181) Leave Time Rates (Chapter 11, p. 111) Pay Codes (Chapter 13, p. 133) Transmittals (Chapter 18, p. 187) Wage Schedule (Chapter 19, p. 201) Workman's Comp (Chapter 20, p. 209) ❑ Miscellaneous overview (Chapter 4) Batch Load Codes Change Check Issue Dates Checkout— Recalculate General Ledger Update (p. 32) Pay Period Update Void Checks ❑ Reports Overview (Ch 4, pp. 35.49; Chi()) ❑ Data Entry Overview (Chapter 4) Computed Benefits Entry (p. 21) Computed Check Entry (p. 30) Computed Leave Time Entry (p. 22) Computed Transmittal Entry (p. 23) Manual Benefits Entry Manual Check Entry (p. 26) Manual Leave Time Entry (p. 26) Manual Transmittal Entry (p. 193) Pay by Exception (p. 29) ❑ Inquiry Overview (Chapter 7, p. 84) CUSTOMIZING YOUR DATA Data Entry with your Data Payroll Steps Checklist (Chapter 4, p. 17) Approval of Payroll Check Form All pay codes are setup and converted properly All employees are configured with appropriate pay codes Wage rates are setup properly on all employees Employee year-to-date totals are properly stated Transmittal setup completed Calling for Support — Demo of Parature Final Questions & Answers Agenda Checklist/Evaluation Client Signature • (071 civicsystems strong software, strong community Date A SUBSIDIARY OF BAKER TILLY US, LLP 43 10.0 Training — Post Go -Live UTILITY BILLING Training Schedule and Agenda Checklist SYSTEM OVERVIEW ❑ Review General Screen Features & Tool Bar Options ❑ Main Menu Data Entry (Quick Review) Inquiry Reports Maintenance (Quick Review) Miscellaneous (Apply Deposits, Checkout, GL Update, Period/Cycle End Update, Recalcu€ate) D Maintenance Control Billing Customer Location Meter Rate & Service Overview ❑ Data Entry All Menu Options CUSTOMIZE YOUR DATA ❑ Work with Your Data Entering Payments Entering Adjustments (Billing & Payment) Terminating Customers New Customer Setup Disconnects/Reconnects Entering Meter Readings Billing Process Running Reports/Balancing ❑ Customizing Your Steps Checklist Daily Monthly/Quarterly Billing Process Balancing Reports ❑ Review Inquiry & Backup ❑ Approval of Utility Billing Form ❑ All services and rates are converted and setup properly ❑ All customers are properly configured with appropriate rates and services ❑ Customer accounts receivable totals are accurate at cut-off date ❑ Calling for Support — Demo of Parature ❑ Final Questions & Answers ❑ Agenda Checklist/Evaluation Client Signature • 1071 civicsy stems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP Dale 44 11.0 References REFERENCES As requested, please find below references that have a comparable project scope as the City of Stillwater. Civic Systems has approximately 60 customers in the State of Minnesota and over 400 in the upper Midwest alone. If additional references are needed please let us know. Client Name: City of Lake City Phone: 651-345-6812 Contact Name: Kari Schreck Email: kschreck@ci.lake-city.mn.us Client Name: City of Sartell Phone: 320-258-7318 Contact Name: Rob.voshell@sartellmn com Email: Client Name: City of Waite Park Phone: 320-229-3682 Contact Name: Karla Vernig Email:: karla.virnig@ci.waitepark.mn.us Client Name: City of Isanti Phone: 641.421.3614 Contact Name: Mike Betker Email: mbetker@cityofisanti.us Client Name: City of Otsego Phone: 763-444-5512 Contact Name: Julie Weirs Email: jweiers@ci.otsego.mn.us • (071 civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 45 12.0 Contract Performance N/A Civic systems has not entered into legal action with any customers in the past five years. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 46 13.0 Additional Information Due to information that we do not want to get out to competitors we have opted to leave this section blank. We are able to provide you with manuals and screenshots at your request. • n civicsystems strong software, strong community A SUBSIDIARY OF BAKER TILLY US, LLP 47 iliwater THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Solid Waste, Recycling and Roll -off Hauler License DISCUSSION: Allied Waste Services of North America LLC dba Republic Services has submitted the required information and fee for a 2023 Solid Waste, Recycling and Roll -off Haulers License. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving a SOLID WASTE, REYCING AND ROLL -OFF HAULER LICENSE to Allied Waste Services of North America LLC dba Republic Services contingent upon the satisfactory completion of application submittal requirements. iliwater THE BIRTHPACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Metropolitan Council Environmental Services- Inflow and Infiltration Grant Program BACKGROUND In 2021, the City applied and was approved for Inflow and Infiltration (I/1) Grant from Metropolitan Council Environmental Services. (MCES). The Grant reimburses the City for any I/1 work performed in 2021-2022. This work mainly consisted of installing water tight seals on our manhole castings and rings. For this period, the City, constructed a little over $100,000 in 1/1 work and would receive in $44,000 in reimbursement. Staff is finalizing documentation of the work for submittal to MCES for the reimbursement and requires a resolution for the grant program from City Council. RECOMMENDATION Staff recommends that the City Council review and approve the 2020 I/1 Grant Program Agreement between the Metropolitan Council and the City of Stillwater. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution 2023- , 2020 I/1 GRANT PROGRAM AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND E THE CITY OF STILLWATER. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION APPROVING GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF STILLWATER FOR 2020 I&I GRANT PROGRAM WHEREAS, the Metropolitan Council Environmental Services (MCES) has identified the City of Stillwater as one of the many metro cities having excessive quantities of stormwater and groundwater, commonly referred to as Inflow and Infiltration (I&I), entering the public sanitary sewer system; and WHEREAS, the Minnesota State Legislature has appropriated $5,000,000 in general obligation bond funds for grants to municipalities to reduce inflow and infiltration in their public system infrastructure, administered by Metropolitan Council Environmental Services (MCES); and WHEREAS, the City of Stillwater was notified by MCES Letter of Intent dated April 16, 2021, of approval to participate in the Grant Program and of estimated Final Reimbursement Amount (FRA) of $53,465.00; and WHEREAS, the Public Works Sewer Utility has identified public sanitary sewer system components requiring rehabilitation to minimize or eliminate excessive I&I. NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota approves application for MCES 2020 Municipal Inflow & Infiltration Grant Program; and BE IT FURTHER RESOLVED, by the City Council that the Director of Public Works is authorized to apply for these grants, submit the applications, and serve as the contact person; and BE IT FURTHER RESOLVED, that the City agrees to remit available grant funding towards the continued minimization or elimination of excessive I&I within the public sanitary sewer system; and BE IT FINALLY RESOLVED, THAT THE City will secure and retain receipts for all eligible repairs and the MCES will have reasonable access to audit these records upon request. Adopted by the City Council this 7th day of March 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk iliwater THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: Lily Lake Pressure Reducing Valve Accept Bid & Award Contract BACKGROUND The bid opening for the Lily Lake Pressure Reducing Valve Project was March 1st, 2023. The City received six bids with the lowest bid in the amount of $229,967.33 submitted by Miller Excavating, of Baytown, Minnesota. The Engineer's estimate for the project was $300,000.00. The Engineer on the project, TKDA, reviewed the bids, and recommended awarding the low bid to Miller Excavating. Funding for this project will come out of the Water Fund. RECOMMENDATION Staff recommends that the City Council accept the bids submitted for the Lily Lake Pressure Reducing Valve Project and award the contract to Miller Excavating, Inc. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion authorizing the Mayor and Clerk to enter into contract, upon City Attorney review and adopt Resolution 2023- , ACCEPTING BID AND AWARDING THE CONTRACT FOR LILY LAKE PRESSURE REDUCING VALVE PROJECT. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx ACCEPTING BID AND AWARDING CONTRACT LILY LAKE PRESSURE REDUCING VALVE PROJECT WHEREAS, pursuant to an advertisement for bids for the Lily Lake Pressure Reducing Valve Project, six bids were received by the City Engineer, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER Miller Excavating Inc., Baytown, MN Pember Companies, Menomonie, WI Minger Construction, Co., Jordan, MN CCS Contracting, Meyer Contracting Inc., Maple Grove, MN Northdale Construction, Albertville, MN Engineer's Estimate and BID AMOUNT $ 229,967.33 $ 252,765.00 $ 304,534.00 $ 306,320.00 $ 312,301.64 $ 325,464.59 $ 300,000.00 WHEREAS, it appears that Miller Excavating, Baytown, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into contract, upon City Attorney review, with Miller Excavating, Inc., Baytown, Minnesota in the name of the City of Stillwater for the work on the Lily Lake Pressure Reducing Valve Project. Adopted by the City Council this 7th day of March 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk ri TKDA March 1, 2023 Mr. Robert Benson Utilities Superintendent City of Stillwater, Minnesota rbenson@ci.stillwater.mn.us Re: Lily Lake Pressure Reducing Valve Bid Results TKDA Project No. 18535.00 Dear Mr. Benson: Bids for the Lily Lake Pressure Reducing Valve (PRV) project were received on March 1, 2023 from six bidders; the results are summarized below. Contractor Amount Miller Excavating Inc. Pember Companies Minger Construction Co. CCS Contracting Meyer Contracting Northdale Construction $229,967.33 $252,765.00 $304,534.00 $306,320.00 $312,301.64 $325,464.59 The Engineer's Estimate was $300,000.00. This was increased from the previous estimate because the quotes for this project received in November of 2022 were higher than originally estimated due to higher equipment and product costs. There was a minor calculation error in Meyer Contracting's bid that did not affect the results that was corrected in the attached bid tab. We recommend you award the contract to the lowest bidder, Miller Excavating, Inc., for their bid of $229,967.33. Miller Excavating did a very similar PRV project for the Board of Water Commissions in 2020. Please do not hesitate to call me at 612-282-9119 if you have questions or require additional information. Sincerely, NfII�4 R. 4 Matthew R. Ellingson, P.E. Project Manager Bid Tab attached TKDA® 1444 Cedar Street Suite 1500 I Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Lily Lake Pressure Reducing Valve (PRV) City of Stillwater Bids Received March 1, 2023 18535.000 Engineer's Estimate Miller Excavating Pember Companies Item No. Item Unit Quantity Unit Cost ($) Total Cost ($) Unit Cost ($) Total Cost ($) Unit Cost ($) Total Cost ($) 1 Mobilization, including all general work and other associated items required but not specifically listed below LS 1 $ 21,500.00 $ 21,500.00 $ 4,508.73 $ 4,508.73 $ 22,500.00 $ 22,500.00 2 New Pressure Reducing Valve Station including but not limited to prepackaged valve station by EFI-Solutions including all appurtenances as shown on the reference drawing and as specified LS 1 $ 160,000.00 $ 160,000.00 $ 130,965.30 $ 130,965.30 $ 144,500.00 $ 144,500.00 3 New Electrical Service and connection to vault LS 1 $ 10,000.00 $ 10,000.00 $ 11,367.66 $ 11,367.66 $ 8,500.00 $ 8,500.00 4 Site Work including excavation and structural foundation for the valve station, backfill and site restoration for all work required including non -wear and wear course asphalt, tack coat, 6" gravel and 2' granular material for road patch, steel bollard, 4" topsoil, seeding and erosion control LS 1 $ 40,000.00 $ 40,000.00 $ 28,410.14 $ 28,410.14 $ 27,850.00 $ 27,850.00 5 6" DIP Watermain LF 6 $ 200.00 $ 1,200.00 $ 162.21 $ 973.26 $ 105.00 $ 630.00 6 8" DIP Watermain LF 80 $ 180.00 $ 14,400.00 $ 93.32 $ 7,465.60 $ 108.00 $ 8,640.00 7 12" DIP Watermain LF 6 $ 300.00 $ 1,800.00 $ 559.68 $ 3,358.08 $ 155.00 $ 930.00 8 8" hot tap new tee in 12" watermain LS 1 $ 10,000.00 $ 10,000.00 $ 6,659.94 $ 6,659.94 $ 7,250.00 $ 7,250.00 9 6" Gate Valve and Box EA 1 $ 3,000.00 $ 3,000.00 $ 2,644.92 $ 2,644.92 $ 2,450.00 $ 2,450.00 10 8" Gate Valve and Box EA 2 $ 3,500.00 $ 7,000.00 $ 3,997.90 $ 7,995.80 $ 3,300.00 $ 6,600.00 11 12" Gate Valve and Box EA 1 $ 7,500.00 $ 7,500.00 $ 6,920.88 $ 6,920.88 $ 5,800.00 $ 5,800.00 12 12" x 8" DIP tee and 12" sleeve EA 1 $ 7,500.00 $ 7,500.00 $ 5,318.80 $ 5,318.80 $ 4,700.00 $ 4,700.00 13 12" x 6" DIP tee and 12" sleeve EA 1 $ 5,000.00 $ 5,000.00 $ 5,227.73 $ 5,227.73 $ 4,700.00 $ 4,700.00 14 8" DIP 90 Degree bend EA 1 $ 1,100.00 $ 1,100.00 $ 864.32 $ 864.32 $ 715.00 $ 715.00 15 Fire Hydrant EA 1 $ 10,000.00 $ 10,000.00 $ 7,286.17 $ 7,286.17 $ 7,000.00 $ 7,000.00 TOTAL (1-15) $ 300,000.00 $ 229,967.33 $ 252,765.00 Lily Lake Pressure Reducing Valve (PRV) City of Stillwater Bids Received March 1, 2023 18535.000 Minger Construction CCS Contracting Meyer Contracting Item No. Item Unit Quantity Unit Cost ($) Total Cost ($) Unit Cost ($) Total Cost ($) Unit Cost ($) Total Cost ($) 1 Mobilization, including all general work and other associated items required but not specifically listed below LS 1 $ 30,000.00 $ 30,000.00 $ 15,000.00 $ 15,000.00 $ 16,000.00 $ 16,000.00 2 New Pressure Reducing Valve Station including but not limited to prepackaged valve station by EFI-Solutions including all appurtenances as shown on the reference drawing and as specified LS 1 $ 185,000.00 $ 185,000.00 $ 210,500.00 $ 210,500.00 $ 184,473.81 $ 184,473.81 3 New Electrical Service and connection to vault LS 1 $ 7,500.00 $ 7,500.00 $ 11,000.00 $ 11,000.00 $ 8,982.90 $ 8,982.90 4 Site Work including excavation and structural foundation for the valve station, backfill and site restoration for all work required including non -wear and wear course asphalt, tack coat, 6" gravel and 2' granular material for road patch, steel bollard, 4" topsoil, seeding and erosion control LS 1 $ 22,000.00 $ 22,000.00 $ 17,500.00 $ 17,500.00 $ 28,584.93 $ 28,584.93 5 6" DIP Watermain LF 6 $ 205.00 $ 1,230.00 $ 120.00 $ 720.00 $ 299.00 $ 1,794.00 6 8" DIP Watermain LF 80 $ 145.00 $ 11,600.00 $ 90.00 $ 7,200.00 $ 151.50 $ 12,120.00 7 12" DIP Watermain LF 6 $ 434.00 $ 2,604.00 $ 150.00 $ 900.00 $ 803.00 $ 4,818.00 8 8" hot tap new tee in 12" watermain LS 1 $ 12,000.00 $ 12,000.00 $ 10,000.00 $ 10,000.00 $ 14,290.00 $ 14,290.00 9 6" Gate Valve and Box EA 1 $ 2,600.00 $ 2,600.00 $ 2,500.00 $ 2,500.00 $ 2,869.00 $ 2,869.00 10 8" Gate Valve and Box EA 2 $ 3,300.00 $ 6,600.00 $ 3,500.00 $ 7,000.00 $ 3,979.00 7,958.00 11 12" Gate Valve and Box EA 1 $ 6,300.00 $ 6,300.00 $ 7,000.00 $ 7,000.00 $ 7,204.00 $ 7,204.00 12 12" x 8" DIP tee and 12" sleeve EA 1 $ 4,500.00 $ 4,500.00 $ 4,000.00 $ 4,000.00 $ 6,552.00 $ 6,552.00 13 12" x 6" DIP tee and 12" sleeve EA 1 $ 4,400.00 $ 4,400.00 $ 3,500.00 $ 3,500.00 $ 6,453.00 $ 6,453.00 14 8" DIP 90 Degree bend EA 1 $ 1,200.00 $ 1,200.00 $ 2,000.00 $ 2,000.00 $ 1,257.00 $ 1,257.00 15 Fire Hydrant EA 1 $ 7,000.00 $ 7,000.00 $ 7,500.00 $ 7,500.00 $ 8,945.00 $ 8,945.00 TOTAL (1-15) $ 304,534.00 $ 306,320.00 $ 312,301.64 *calculation error fixed Lily Lake Pressure Reducing Valve (PRV) City of Stillwater Bids Received March 1, 2023 18535.000 Northdale Construction Item No. Item Unit Quantity Unit Cost ($) Total Cost ($) 1 Mobilization, including all general work and other associated items required but not specifically listed below LS 1 $ 12,000.00 $ 12,000.00 2 New Pressure Reducing Valve Station including but not limited to prepackaged valve station by EFI-Solutions including all appurtenances as shown on the reference drawing and as specified LS 1 $ 185,237.50 $ 185,237.50 3 New Electrical Service and connection to vault LS 1 $ 6,825.00 $ 6,825.00 4 Site Work including excavation and structural foundation for the valve station, backfill and site restoration for all work required including non -wear and wear course asphalt, tack coat, 6" gravel and 2' granular material for road patch, steel bollard, 4" topsoil, seeding and erosion control LS 1 $ 60,000.00 $ 60,000.00 5 6" DIP Watermain LF 6 $ 164.38 $ 986.28 6 8" DIP Watermain LF 80 $ 178.13 $ 14,250.40 7 12" DIP Watermain LF 6 $ 208.91 $ 1,253.46 8 8" hot tap new tee in 12" watermain LS 1 $ 11,317.33 $ 11,317.33 9 6" Gate Valve and Box EA 1 $ 3,460.80 $ 3,460.80 10 8" Gate Valve and Box EA 2 $ 4,278.88 $ 8,557.76 11 12" Gate Valve and Box EA 1 $ 6,490.15 $ 6,490.15 12 12" x 8" DIP tee and 12" sleeve EA 1 $ 3,070.58 $ 3,070.58 13 12" x 6" DIP tee and 12" sleeve EA 1 $ 2,989.95 $ 2,989.95 14 8" DIP 90 Degree bend EA 1 $ 1,930.00 $ 1,930.00 15 Fire Hydrant EA 1 $ 7,095.38 $ 7,095.38 TOTAL (1-15) $ 325,464.59 iliwater THE BIRTHPLACE OF MINNESOTA DATE: March 7th, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: Minnesota Department of Transportation (MNDOT) Limited Use Permit -Trunk Highway 95 Pedestrian Safety Crosswalks DISCUSSION MNDOT and City staff have been working on pedestrian safety improvements on the two existing mid -block crosswalks on Highway 95 (Main Street) between Mulberry and Elm Street. It is proposed to create pedestrian refuge islands in the center of the roadway at the existing crosswalks to protect pedestrian when they cross the road. These improvements would require a change in the alignment of the driving lanes change and would eliminate on street parking in both locations. MNDOT would construct the improvements and the City would be responsible for the maintenance afterwards. MNDOT has prepared a Limited Use Permit that explains responsibility for construction and maintenance. The permit is good through 2032 where it could be extended or terminated. RECOMMENDATION It is recommended that council review and approve the Limited Use Permit for pedestrian safety crosswalks for TH 95 (Main Street) ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution 2023- Entering into Limited Use Permit No. 8210-0082 with MNDOT City of Stillwater Washington County, Minnesota RESOLUTION 2023- ENTERING INTO LIMITED USE PERMIT NO. 8210-0082 WITH MNDOT WHEREAS, the City of Stillwater should enter into Limited Use Permit No. 8210-0082 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and use by the City of Stillwater upon, along and adjacent to Trunk Highway No. 95 and the limits of which are defined in said Limited Use Permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized to execute the Limited Use Permit. Adopted by the City Council this 7th day of March 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT County of Washington LUP # 8210-0082 Permittee: City of Stillwater Expiration Date: 12/28/2032 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Stillwater, ("Permittee"), to use the two areas within the right of way of Trunk Highway No. 95 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Pedestrian Safety Crosswalk The Permittee's use of the Area is limited to this specific pedestrian safety project, specifically the Permittee's use of the Area for the installation of permanent pavement markings and the seasonal installation, seasonal removal, ongoing maintenance, and operation of an enhanced delineated pedestrian crosswalk to improve pedestrian safety and visibility in the corridor. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 12/28/2032 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. The Permittee shall install seasonal pedestrian delineators in the Area on a yearly basis. Such seasonal use during the term commences after winter road maintenance activities are completed in the Spring of each year during the term and expires in the fall of each year prior to winter road maintenance activities. Pavement markings are allowed to remain throughout the year. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives all claims and causes of action for damages, costs, expenses, losses, fees, and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees, and compensation based upon the existence, cancellation, or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. MNDOT shall construct the Facility in accordance with Exhibit A and upon MNDOT's completion of the Facility, MNDOT shall turn over the Facility to the Permittee. Upon such date, Permittee shall be responsible for the cost and expense of any future construction, and the continuing maintenance and supervision of the Facility throughout the term of this LUP. In the event permittee desires to make improvements to the Facility of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Permittee will construct such improvements in accordance with MNDOT approved plans. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A. 4. MAINTENANCE. Maintenance of the Facility will include the maintenance of the rust colored pavement markings and maintenance of the tubular markers within the Facility shown on Exhibit "A", shall be provided by the Permittee at its sole cost and expense, and in accordance with the most current Minnesota Manual of Uniform Traffic Control Devices and tubular markers that comply with MnDOT Standard Plate 8000. MnDOT will maintain the longitudinal center and edge lines through the facility as well as the crosswalk markings at its sole expense. No signs shall be placed on any MnDOT or other governmental agency signpost within the Area. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances, and regulations issued by any federal, state, or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state, and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: Stillwater City Hall 216 Fourth Street Stillwater, MN 55082 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General's Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance, or operation of the Facility. MINNESOTA DEPARTMENT CITY OF STILLWATER OF TRANSPORTATION RECOMMENDED FOR APPROVAL Its By: And District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. Its 'er 1Q d 18 \t Nort Twii Lak \v _ A b chLtitABELN Long, Lake More 4p &ad 1 N a r oNf�lpwe CI N Exhibit A LUP 8210-0082 Sheet 1 of 3 1 2 Stillwater L✓(v� 11 Tamarack st House gyp} ;P�7ryyoject Location BAY O Y Y lal �0 I If N lva: FIc �cepr412LB oak I~ f I • St. /. RiverCroix 7 rt 't PROJECT LOCATION ZEPHYR SITE PROJECT LOCATION ly SAWMILL SITE, --- - Parh� ti 1.11/ I!,.T...1411:771111111111110A 7 36 Pae AV N 31. {MearaSTE 32 61st St CT �1 .33 PeASA IN _Wrn'a�a'w-'1 37. Upper 56NN \ I. Perro ,t Pand1 �i. WeyvParh 4 Exhibit A LUP 8210-0082 Sheet 2 of 3 Place 2 yellow delineators spaced 8"apart in middle of each removed parking space as shown. . Travel lane widths dependent on existing conditions 12-13' Total of 7 parking spaces removed, 3 on the east and 4 on the west. r: Max taper 1:15, min . taper 1:30. —1:25 shown Zephyr Site location Rust colored paint and white delineators spaced ---8' apart for crossing bumpout. H'wide by 15' long pedestrian refuge island with yellow delineators (3 on each side) placed in center of roadway Max taper 1:15, min taper 1:30. —1:25 shown Place 2 yellow delineators spaced 8'apart in middle of each removed parking space as shown and/or utilize yellow curb painting. Exhibit A LUP 8210-0082 Sheet 3 of 3 Max taper 1:15, min taper 1:30. —1:20 shown Rust colored paint and white delineators spaced—8'apart for crossing bumpout. Travel lane widths 0111W4111. dependent on existing conditions 12-13' Sawmill Site location Place 2 yellow delineators spaced 8'apart in middle of each removed parking space as shown and/or utilize yellow curb painting. 8'wide by 15' long pedestrian refuge island with yellow delineators (3 on each side) placed with —1-2'west of centerline and —6-7' east of centerline 8`wide by 10' Tong pedestrian refuge island with yellow delineators (3 on north and west sides, 2 on south and east side to form a radius to allow left turns out of driveway) Total of 7 parking spaces removed, 1 on the west and 6 on the east. iliwater THE BIRTHPACE OF MINNESOTA DATE: March 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointment to Parks and Recreation Commission The Parks and Recreation Commission has one opening due to the resignation of Scott Christensen. Staff published for the opening and received applications. Interviews were conducted, and the interview panel recommends appointing Andrew Haveles to fill the partial term that ends May 1, 2024. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Andrew Haveles to the Parks and Recreation Commission with a partial term ending May 1, 2024. iillwa THE S I R T H P l AC E O F 11 I N N E S O TA DATE: March 6th, 2023 TO: Honorable Mayor and City Council FROM: Andrew Coyne, Natural Resources Technician SUBJECT: Approval of Minnesota DNR Grant Funding Contract and Conflict of Interest Disclosure for Pioneer Park Restoration Project DISCUSSION In an effort to combat the widespread issue of invasive species in City -owned park and open space lands, City staff have begun efforts to more intensely monitor and manage these areas. This is done to ensure that City park and open space areas remain ecologically productive, aesthetically pleasing, and recreationally functional for the benefit of Stillwater residents. As part of these efforts, City staff prepared a Conservation Partners Legacy Grant Program application, administered by the Minnesota Department of Natural Resources (DNR), and was awarded $47,725. This funding will go towards black locust and buckthorn removal - two aggressive and invasive woody plants well-known for their disruptive and destructive qualities — followed by replacement with a diverse mixture of native grasses, flowers, shrubs and trees. The project will take place on the 1.75-acre forested bluff below Pioneer Park. The grant has a 10% required match, $4775 in total. The match will be split between in - kind and cash. $1125 of the match will come from in -kind staff time. The remaining $3650 will be a cash match, paying for a portion of the project services and materials over the course of the three-year grant cycle. RECOMMENDATION Staff recommends that Council review and authorize the approval of the proposed grant contract and conflict of interest disclosure agreement. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion to approve the grant contract, as well as the conflict of interest disclosure, and enter into agreement with the Minnesota DNR. State Accounting Information PO Number: CONSERVATION PARTNERS LEGACY GRANT PROGRAM ENCUMBRANCE WORKSHEET City of Stillwater/ Pioneer Park State Accounting information: SWIFT Contract Doc. Type: SWIFT Contract Line # (Annual Plans): SWIFT Contract #: SWIFT Purchase Order #: Agency: R2901 Submitted By: David Stein Origin: A24 Vendor #: 0000199155 Category Code: 84101501 Total Amount of Contract for ALL years: $47,725 Total Amount of Contract: $ 47,725 For FY: 23 Total Amount of Contract: For FY: Total Amount of Contract: $ For FY: Contract Start Date: Upon Execution Contract Expiration Date: June 30, 2026 Grantee Name and Address: City of Stillwater Did you remember to: Check for debarred vendor? Check for annual plan limit? Work on state lands? Speedchart Name: Speedchart Number: 216 4th St N Stillwater, MN 55082 Yes Yes Yes No No No PO Reference: DS-FY23 CPL Pioneer Park Description: FY2023 ECP 3; City of Stillwater, Pioneer Park. The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve public recreational opportunities. Statewide/ Agency Reporting Funding String Line Budget/ Bond Year Amount Fund FinDeptID ApproplD Account Statewide Cost Agency Cost 1 Agency Cost 2 1 22 $47,725 2300 R2936725 R296K33 441352 2W205 Project/ Grant Reporting Funding String Line PC Business Unit Project Activity Source Type Category Sub -Category Rev. 8/21 1 State Accounting Information PO Number: This page intentionally left blank Rev. 8/21 2 State Accounting Information PO Number: STATE OF MINNESOTA CONSERVATION PARTNERS LEGACY GRANT PROGRAM GRANT CONTRACT City of Stillwater/ Pioneer Park This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, ("State") and City of Stillwater, 216 4th St N, Stillwater, MN 55082 ("Grantee"). Recitals 1. Under Minnesota Laws 2022, Regular Session, Chapter 77, Article 1, Section 2, Subd. 5(v), and Minnesota Statute § 84.026 the State is empowered to enter into this grant. 2. The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve public recreational opportunities. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: The date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5. Per, Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2026, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 2.4. Signage; 11. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property Rights; 15. Data Compatibility and Availability Requirements; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; 23. Data Disclosure; and 24. Use of Funds for Match or Reimbursement. 2 Duties Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). 2.2 Perform each of the duties outlined in Attachment A, Work Plan, which is attached and incorporated into this grant contract. Any changes to the Work Plan must have prior written approval from the State's Authorized Representative. 2.3 Apply for and receive all necessary approvals and permits to complete the project and comply with all applicable local, state and federal laws, ordinances, rules, and regulations. This includes all legal restrictions and requirements contained in Minnesota Laws 2022, Regular Session, Chapter 77, Article 1, Section 2, Subd. 5(v), and MN Statute 97A.056. 2.4 Meet all grant program requirements, as described in the Conservation Partners Legacy Grant Program (CPL) FY2023 Request for Proposal, which is incorporated into this grant contract by reference. The Request for Proposal (RFP) may be located at https://files.dnr.state.mn.us/fish wildlife/cpl/fy23-rfp.pdf?20221011-53. 2.5 Erect signage in accordance with Minnesota Laws 2009, Chapter 172, Article 5, Section 10, and MN Statute 97A.056. Signs have been designed and created and will be ordered and mailed to Grantee towards the end of the grant period. Grantee is not responsible for the cost of signs but is responsible for placing signs according to MN Laws. 2.6 Submit a progress report based on expenditures made and work performed during the previous year, in a form prescribed by the State, by December 31 of each year during the term of this grant contract. A final report must Rev. 8/21 3 State Accounting Information PO Number: be submitted prior to or with the request for final payment. 2.7 To provide match as pledged in the approved Work Plan in non -state cash or in -kind services for the costs incurred for the completion of the Project. 2.8 Follow all Invasive Species regulations, policies and procedures of the Department of Natural Resources (DNR) to prevent or limit the introduction, establishment, and spread of invasive species (see section 4.2). This requirement applies to all activities performed on all lands under this grant contract and is not limited to lands under DNR control or public waters. State's Duties 2.9 To provide Grantee up to $47,725 for the costs incurred for the completion of the Project. 2.10 For grants over $50,000, the State's Authorized Representative(s) or other designated State Representative will conduct at least one monitoring visit per grant period. For grants over $250,000, these visits will be on an annual basis. A monitoring visit may be in person or by telephone. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Project Requirements 4.1 Vegetation Requirements. All projects funded in whole or in part by this grant use only seed mixes or plant lists approved by the Land Manager of the project site. Approval by land manager should be kept on file by grantee for auditing purposes. 4.2 Invasive Species Prevention. The DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during all activities performed on all lands under this grant contract. The grantee and/or hired contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site. If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by grantee/contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The grantee/contractor shall dispose of material cleaned from equipment and clothing at a location determined by the land manager. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. The grantee/contractor shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non -infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated. 4.3 Project Sites. All restoration and enhancement projects funded with this grant must be on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. 4.4. Restoration and Management Plan. Hereinafter known as R&M Plan. (a) For all restorations, prepare and retain an ecological restoration and management plan that, to the degree practicable, is consistent with current conservation science and ecological goals for the restoration site. Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration. The plan shall include the proposed timetable for implementing the restoration, including, but not limited to, site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and use the current conservation science to achieve the best restoration. (b) The R&M plan shall be prepared on a form provided by the State's Authorized Representative. Rev. 8/21 4 State Accounting Information PO Number: 4.5 Timely written contact of Conservation Corps Minnesota. All grantees must give consideration to and make timely written contact with the Conservation Corps Minnesota or its successor for consideration of possible use of their services to contract for restoration and enhancement services. A copy of the written contact must be filed with the State's Authorized Representative within 10 days of grant execution. 4.6 Pollinator Best Management Practices. Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minnesota Statutes, section 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here: http://files.dnr.state.mn.us/natural resources/npc/bmp contract Ianguage.pdf. 4.7 Prescribed Burning on State Lands. For prescribed burns on state lands, contractors must meet the equipment and personnel requirements (including training and experience) called for in the prescribed burn plan provided by the State. Requirements can be found at https://files.dnr.state.mn.us/forestry/wildfire/rxfire/prescribed- burn-handbook.pdf . 4.8 Revenues. Any revenues generated during the grant period from activities on land acquired, restored, or enhanced with CPL funding must be disclosed to CPL staff and used for habitat purposes to be agreed upon. 5 Additional Restrictions CPL funded projects may not be used as future mitigation for any loss or destruction of habitat. 6 Consideration and Payment 6.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation. The Grantee will be paid according to the breakdown of costs contained in Attachment A, which is attached and incorporated into this grant contract. Partial payments are allowed. Grantees may vary by 10% between budget categories without prior approval from the State's Authorized Representative. Reasonable amounts may be advanced to accommodate cash flow needs or to match federal share. The advances must be approved in the Work Plan. (b) Travel Expenses. Payment for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $477.25; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $47,725. 6.2 Payment (a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted, on or before 4 pm local time, July 27, 2026. Invoices must include copies of appropriate documentation to prove the work has been completed. Invoices must be submitted in a timely manner and in the manner described in the CPL Payment Manual, which is incorporated into this grant contract by reference and can be found at: http://files.dnr.state.mn.us/assistance/grants/habitat/lessard sams/grantee/payment manual.pdf (b) Hold Back. No less than 5% of the amount of the grant must be held back from payment until the grant recipient has completed a grant accomplishment report by the deadline in the form prescribed by and satisfactory to the State and LSOHC. (c) Direct Expenditures. Grant and match funds may only be used for the eligible direct expenditures as described in the approved Work Plan. Indirect costs and institutional overhead costs are ineligible. Rev. 8/21 5 State Accounting Information PO Number: (d) Match Requirements Met. All match requirements must have been fulfilled by the Grantee prior to final payment by the State. (e) Federal Funds. No Federal funds will be used. 6.3 Work assigned to the State. The Grantee may provide portions of the proceeds of this contract to the State. Work done by the State must be so specified in the Work Plan. A letter shall be sent to the State's Authorized Representative and include: the specific area of the Work Plan authorizing the work; the portion of the proceeds to be used by the State; the name, title, address, phone number and e-mail address for the State's representative assigned to accomplish the work; the expected completion date of the work; and a brief description of the nature of the work sufficient as the basis for judgment of whether or not the work was accomplished. If the work authorized by the Grantee is acquisition of land or an interest in land, the amount made available to the State shall include the Grantee's proportionate cost of professional services to complete the acquisition. The Grantee's proportion shall be determined by the ratio of its contribution to the acquisition price as a portion of the whole acquisition price. The Grantee's proceeds available under Clause 8, Payment Procedures, of this contract shall be reduced by the amount provided for State use. 6.4 Contracting and Bidding Requirements. (a) Municipalities. Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must do the following if contracting funds from this grant contract for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. i. If the amount of the contract is estimated to exceed $175,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2). ii. If the amount of the contract is estimated to cost between $25,000 and $174,999, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and paragraph (c). iii. If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2). (b) Nonprofit Organizations. i. Any services and/or materials that are expected to cost $100,000 or more must undergo a formal notice and bidding process. ii. Services and/or materials that are expected to cost between $25,000 and $99,999 must be competitively awarded based on a minimum of three verbal quotes or bids. iii. Services and/or materials that are expected to cost between $10,000 and $24,999 must be competitively awarded based on a minimum of two verbal quotes or bids or awarded to a targeted vendor. iv. The grantee must take all necessary affirmative steps to assure that targeted vendors from businesses with active certifications through these entities are used when possible: Rev. 8/21 6 State Accounting Information PO Number: • State Department of Administration's Certified Targeted Group, Economically Disadvantaged and Veteran -Owned Vendor List • Metropolitan Council's Targeted Vendor list: Minnesota Unified Certification Program • Small Business Certification Program through Hennepin County, Ramsey County, and City of St. Paul: Central Certification Program v. The grantee must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. (c) Support documentation. Documentation of the bidding process utilized to contract services must be included in the grantee's financial records, including support documentation justifying a single/sole source bid, if applicable, for both municipalities and nongovernmental organizations. (d) Prevailing wage. For any project that includes construction work of $25,000 or more, prevailing wage rules apply per; Minn. Stat. §§177.41 through 177.44 consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. Additional information on prevailing wage requirements is available on the Department of Labor and Industry (DOLI) website at https://www.dli.mn.gov/business/employment- practices/prevailing-wage-information. Questions about the application of prevailing wage rates should be directed to DOLI at 651-284-5091. The Grant recipient is solely responsible for payment of all required prevailing wage rates. (e) The grantee must not contract with vendors who are suspended or debarred in MN: http://www.mmd.admin.state.mn.us/debarredreport.asp. 7 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 8 Payment Procedures 8.1 Documentation Requirements. To obtain the payment approved for work under this grant contract, the grantee must follow all payment procedures documented within the CPL Payment Manual. 9 Authorized Representative The State's Authorized Representatives: David Stein CPL Program Administrator 500 Lafayette Road Box #20 St. Paul, MN 55155 651-259-5375 david.stein@state.mn.us or successor(s) have the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative(s) are: Project Manager Fiscal Contact Andrew Coyne Andrew Coyne Rev. 8/21 7 State Accounting Information PO Number: Natural Resource Technician Natural Resource Technician 216 4th St N 216 4th St N Stillwater, MN 55082 Stillwater, MN 55082 acoyne@ci.stillwater.mn.us acoyne@ci.stillwater.mn.us 651-430-8836 651-430-8836 If the Grantee's Authorized Representative(s) changes at any time during this grant contract, the Grantee must immediately notify the State. 10 Assignment, Amendments, Waiver, and Grant Contract Complete 10.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 10.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 10.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's right to enforce it. 10.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 11 Liability and Insurance 11.1 Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 11.2 General Insurance Requirements. The Grantee shall not commence work under the contract until proof of insurance or compliance with insurance requirements has been met. Grantee must meet the insurance requirements applicable to grantee's project, as described in the FY2023 Conservation Partners Legacy Grant Program Request for Proposal, which is incorporated into this grant contract by reference. 11.3 Worker's Compensation. The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 In the Event of a Lawsuit 12.1 An appropriation or portion of an appropriation from a legacy fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 12.2 Any grant contract or similar contract that awards money from a legacy fund must contain the information in paragraph 11.1, Liability. 13 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all Rev. 8/21 8 State Accounting Information PO Number: state and program retention requirements, whichever is later. 14 Government Data Practices and Intellectual Property Rights 14.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 14.2 Intellectual Property Rights. (a) Intellectual Property Rights. All rights, title, and interest to all intellectual property rights, including all copyrights, patents, trade secrets, trademarks, and service marks in the works and documents funded through the State of Minnesota Conservation Partners Legacy Grant Program, shall be jointly owned by the Grantee and the State. Works shall mean all inventions, improvements, or discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes or disks, conceived, reduced to practice, created, or originated by the Grantee, its employees and subcontractors, either individually or jointly with others, in the performance of this contract. Documents shall mean the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, or subcontractors, in the performance of this contract. The ownership interests of the State and the Grantee in the works and documents shall equal the ratio of each party's contributions to the total costs described in the Budget of this contract. The party's ownership interest in the works and documents shall not be reduced by any royalties or revenues received from the sale of the products or the licensing or other activities arising from the use of the works and documents. Each party hereto shall, at the request of the other, execute all papers and perform all other acts necessary to transfer or record the appropriate ownership interests in the works and documents. (b) Obligations 1. Notification: Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time, or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this contract, the Grantee shall immediately give the State's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon. All decisions regarding the filing of patent, copyright, trademark or service mark applications and/or registrations shall be the joint decision of the Grantee and the State, and costs for such applications shall be divided as agreed by the parties at the time of the filing decisions. In the event the parties cannot agree on said filing decisions, the filing decision will be made by the State. 2. Representation: The Grantee shall perform all acts, and take all steps, necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Grantee and the State as agreed herein, and that no Grantee employee, agent, or contractor retains any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and shall not infringe upon any intellectual property rights of others. The Grantee shall indemnify, defend, and hold harmless the State, at the Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works and Documents infringe upon the intellectual property rights of others. The Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, Rev. 8/21 9 State Accounting Information PO Number: attorney fees. If such a claim or action arises, or in the Grantee's or the State's opinion is likely to arise, the Grantee shall, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works and Documents necessary and appropriate to obviate the claim. This remedy shall be in addition to, and not exclusive of, other remedies provided by law. (c) Uses of the Works and Documents. The State and Grantee shall jointly have the right to make, have made, reproduce, modify, distribute, perform, and otherwise use the works, including Documents produced under this Contract, for noncommercial research, scholarly work, government purposes, and other noncommercial purposes without payment or accounting to the other party. No commercial development, manufacture, marketing, reproduction, distribution, sales or licensing of the Works, including Documents, shall be authorized without a future written contract between the parties. (d) Possession of Documents. The Documents may remain in the possession of the Grantee. The State may inspect any of the Documents at any reasonable time. The Grantee shall provide a copy of the Documents to the State without cost upon the request of the State. 15 Data Compatibility and Availability Requirements 15.1 Data Compatibility. Data collected by the Projects funded under this contract that have value for planning and management of natural resources, emergency preparedness, and infrastructure investments shall conform to the enterprise information architecture developed by the Office of Enterprise Technology (or its successor). Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land Management Information Center. A description of these data that adheres to the Office of Enterprise Technology (or its successor) geographic metadata standards shall be submitted to the Land Management Information Center to be made available online through the clearinghouse and the data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, Chapter 13. 15.2 Data Availability. To the extent practicable, summary data and results of projects funded by this grant program should be readily accessible on the Grantee's website and identified as a Lessard -Sams Outdoor Heritage Council and Conservation Partners Legacy Grant Program project. 16 Publicity, Advertising and Endorsement 16.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and L- SOHC as the sponsoring agency. A copy of any publicity shall be furnished to the State's Authorized Representative upon its release. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 16.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 17 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18 Accessibility and Safety 18.1 Accessibility. Structural and nonstructural facilities and programs must meet all state and federal accessibility laws, regulations, and guidelines, including the American with Disabilities Act (ADA). Accessibility guidelines and standards can be found at http://www.access-board.gov. 18.2 Safety. All programs must adhere to federal safety regulations, which can be found on the Occupational Health and Safety Administration's website at www.osha.gov/law-regs.html. 19 Subgrantees/ Vendor Services If any subgrants or contracts for any portion of the work covered under this grant contract are made to another Rev. 8/21 10 State Accounting Information PO Number: entity, the contract with the subgrantee or contractor will contain all appropriate provisions of this grant contract. It is recommended that all Subgrantees/Contractors carry the same insurance as the Grantee. Subgrantee or Vendor services must follow requirements listed in the Conservation Partners Legacy Grant Program (CPL) Request for Proposal, located at https://files.dnr.state.mn.us/fish_wildlife/cpl/fy22-rfp.pdf as applicable. 20 Purchase of Recycled or Recyclable Materials The purchase of recycled, repairable, and durable materials must be in compliance with Minn. Stat. § 16C.0725. The purchase and use of paper stock and printing must be in compliance with Minn. Stat. 16C.073. 21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 21.1. The prospective lower tier participant certifies, by submission of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 21.2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this contract. 22 Termination 22.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 22.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 23 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities. 24 Use of Funds for Match or Reimbursement Grant funds cannot be used by the Grantee as match or for reimbursement for any other grant or program without prior written authorization from the State's Authorized Representative. (a) The Grantee must submit a written request for authorization no less than 10 business days prior to applying for the new funds or program to the State's Authorized Representative. This request must include the following information: CPL project name, CPL grant contract number, the amount of CPL grant funds to be used, location where CPL grant funds were or will be used, activity the grant funded, and current landowner. The project name, location where the new funds will be used, activity to be funded, funding source of the new grant or program, and a brief description of the grant or program being applied for must also be included. (b) If the new grant or program will add any encumbrances to the land where grant funds were or will be spent, these encumbrances must be approved in writing by the State's Authorized Representative and the current landowner. 25 Conflict of Interest Under the Minnesota Department of Administration's Office of Grants Management Conflict of Interest Policy for State Grant Making (available at http://mn.gov/admin/images/grants policy 08-01.pdf) and other applicable laws, Grantees must disclose actual, potential, perceived, and organizational conflicts of interest. Rev. 8/21 11 State Accounting Information PO Number: 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. '§ 16A.15 and 16C.05. 3. DEPARTMENT OF NATURAL RESOURCES By: By: Date: Purchase Order Number: Name: Dave Olfelt Title: Director, Division of Fish and Wildlife Date: with delegated authority Contract #: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: By: Name: Name: Title: Title: Date: Date: By: By: Name: Name: Title: Title: Date: Date: Rev. 8/21 12 mDEPARTMENT OF NATURAL RESOURCES Conflict of Interest Disclosure Conflict of Interest As referenced in the Minnesota Department of Administrations Office of Grants Management's Policy 08-01, a conflict of interest, actual, potential, or perceived, occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper or illegal act results from it. Actual Conflict of Interest An actual conflict of interest occurs when a decision or action would compromise a duty to a party without taking immediate appropriate action to eliminate the conflict. Examples included but not limited to: • One party uses his or her position to obtain special advantage, benefit, or access to the other party's time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. • One party receives or accepts money (or anything else of value) from another party or has equity or a financial interest in or partial or whole ownership of the other party's organization. • One party is an employee, board member or family member of the other party. Potential Conflict of Interest A potential conflict of interest may exist if one party has a relationship, affiliation, or other interest that could create an inappropriate influence if the person is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. Examples included but not limited to: • One party has a relationship, affiliation, or other interest that could create an inappropriate influence if one party is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. For example, when one party serves in a volunteer capacity for another party, it has the potential to, but does not necessarily create a conflict of interest, depending on the nature of the relationship between the two parties. A disclosed potential conflict of interest warrants additional discussion in order to identify the nature of the relationship, affiliation, or other interest and take action to mitigate any potential conflicts. Perceived Conflict of Interest A perceived conflict of interest is any situation in which a reasonable third party would conclude that conflicting duties or loyalties exist. A disclosed perceived conflict of interest warrants additional discussion in order to identify the nature of the relationship, affiliation, or other interest andtake action to mitigate any potential conflict Individual Conflict of Interest A conflict of interest that may benefit an individual employee where actions or non -action could be interpreted to be influenced by something that would benefit them directly or through indirect gain to a friend, relative, acquaintance or business or organization with which they are involved. An employee uses his/her status or position to obtain special advantage, benefit, or access to the grantee or grant applicant's time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence Revised June, 2019 Organizational Conflict of Interest A conflict of interest can also occur with an organization that is a grant applicant or grantee of a state agency. Organizational conflicts of interest occur when: • A grantee is unable or potentially unable to render impartial assistance or advice to the State due to competing duties or loyalties • A grantee's objectivity in carrying out the grant is or might be otherwise impaired due to competing duties or loyalties • A grantee creates an unfair competitive advantage in hiring for professional services or purchasing supplies or equipment by furnishing unauthorized proprietary information or source selection information that is not available to all competitors and create a path to one or a few. This section to be completed by Grantee's Authorized Representative: I certify that we will maintain an adequate Conflict of Interest Policy, and throughout the term of our agreement will report any actual, potential and perceived conflicts of interests by individual employees or are organization as a whole to the State's Authorized Representative. Organization Name: City of Stillwater Project Name: Grant Program: Pioneer Park Conservation Partners Legacy Grant Program Authorized Representative Name: Andrew Coyne Signature: Date: Revised June, 2019 IMT-,1 DEPARTMENT OF I..I NATURAL RESOURCES DIVISION OF FISH AND WILDLIFE CONSERVATION PARTNERS LEGACY GRANT Revision: 20191104 Data Date: February 24, 2023 PROJECT CONTACT Project Name: Pioneer Park Organization Name: City of Stillwater Organization Type: Government Mailing Address 1: 216 4th St N City, State ZIP Code: Stillwater, MN 55082 Project Manager: Andrew Coyne Title: Natural Resource Technician Phone: 651-430-8836 Email: acoyne@ci.stillwater.mn.us PROJECT OVERVIEW Sites / Location County Name: Washington Project Site Name: Pioneer Park Total Project Sites: 1 Total Project Acres: 2 Habitat Primary Type: Forest Additional Types: (N/A) Land Ownership Primary Land Ownership: Local Government Additional Land Ownerships: (N/A) Activities Primary Activity: Restoration Additional Activities: (N/A) PROJECT FUNDING SUMMARY Grant Type: (N/A) Grant Request Level: (N/A) Total Grant Amount Requested: Total Match Amount Pledged: Additional Funding Amount: $47,725 $4,775 $0 Total Project Cost: $52,500 PROJECT SUMMARY Pioneer Park is a 3.85 acre parcel of public property located near the western bank of the St. Croix River and north end of downtown Stillwater, Minnesota. It is a highly visited park that provides recreation opportunities to residents. The park is located at the top of a forested bluff, offering stunning views of the St. Croix National Scenic Riverway, and the historic Stillwater lift bridge. The site offers recreational value, also serves important ecological functions as both forest and prairie habitat. The 1.72 acre hillside provides habitat for deer, rodents, foxes, turkeys, bats, migratory birds, and more. The vegetation on the hillside provides crucial erosion prevention. The bottom of the bluff is only 500 feet away from the banks of the St. Croix, heightening the importance of vegetative cover for soil stabilization. Currently, the dominant canopy species is black locust, with scattered stems of hackberry, green ash, American elm, boxelder and black cherry. Other species present in the shrub layer include common buckthorn and occasional American plum. The site has become dominated by black locust, with an equal amount of understory buckthorn. Invasion has degraded the site and its plant community's ability to regenerate naturally. The black locust is also outcompeting the native trees, which will lead to added stress in an already stressful drought period. The combination of canopy dominating black locust and shade tolerant buckthorn has virtually wiped the site of any understory plant diversity. The understory of the site is fairly bare aside from several patches of garlic mustard. The upper terrace of the hill is currently populated by buckthorn shrubs and burdock. The site has become a hot bed for invasive species to grow and spread, and must be managed using an integrated approach to prevent further invasion. The desired outcome is eradication of black locust, buckthorn and invasive perennials, followed by revegetating with a mixture wildlife friendly plants, shrubs and trees in the open areas, and trees in the forested understory. Artificial regeneration will provide a head start to the repopulation of the native plant community, while also preventing woody invasives from reinvading the (CPL Grant Application ID = 2178) CONSERVATION PARTNERS LEGACY GRANT PROJECT SUMMARY (Continued) site. With the removal of black locust and buckthorn, a diverse native plant community can return to the site, providing three distinct wildlife habitat zones. The prairie zone will act as a transition zone to the adjacent forest and savanna zones. PROBLEM STATEMENT Step 1 is removal of buckthorn and black locust in spring 2023. Trees will be removed manually due to equipment limitations of the site. Brush and mulch will be scattered across the site for added erosion control and nutrient cycling. 6-10 black locust trees will be girdled and left as wildlife snags. Stumps will be treated with Triclopyr for buckthorn, and a blend of Triclopyr and Aminopyralid for black locust. Step 2 is foliar spray in fall 2023 and 2024, using backpack sprayers. Foliar herbicide will kill re -sprouting trees. It is applied in late fall as the tree is reabsorbing nutrients and sugars from the leaves - maximizing herbicide translocation to the roots and severely weakening or killing the tree. Step 3 is garlic mustard control. Garlic mustard must be managed in spring before seeds develop, as they can spread very aggressively. Due to steep slopes and bare soil, the contactor will use weed whips on the garlic mustard in spring of 2023 and 2024. Step 4 is site prep for seeding. Herbicide will be used to control herbaceous cover across the site. After treatment, contractors will conduct manual soil tilling. This is important for long-term success of the seeding. Direct seed to soil contact is needed for germination. The site doesn't currently allow burning, and slopes are prohibitive. Contractors will hand rake the soil. Step 5 is seeding. All seed will be sourced from Shooting Star Native Seeds (see restoration attachment) The seed mixes contain a diverse mix of native grasses and forbs to provide seasonal overlap for pollinators and critical habitat for wildlife. Step 6 is seed establishment. The contractor will visit the site twice per summer in 2024 and 2025. Establishment mowing will be done manually using weed whips. It will keep existing grasses and forbs low to allow light for new seedlings. After four visits, seedlings will be established and able to compete with existing vegetation. Step 7 is planting bareroot trees and shrubs in zone 1 and 2. 50 hackberry and 30 bur oak will be planted in zone 1. 20 bur oak will be planted in zone 2. All trees will be planted in 6' grow tubes with stakes to ensure seedling survival. Grow tubes protect the trees from deer browse, provide optimal light, regulate moisture, allow gas exchange and help develop trunk taper. 50 American hazel and 50 red -osier dogwood will be planted in zone 2. The species mix will provide diverse forage options to several species of birds and mammal PROJECT OBJECTIVES Stillwater is a city of less than 20,000 people with a local government unit of proportional size. Compared to larger municipalities or organizations, Stillwater is not as well equipped with the resources required to conduct large-scale land management activities, be it funding, equipment, available labor, or expertise. The upfront cost of conducting removal followed by revegetation in the area is a prohibitive amount that far exceeds allotted annual funding for natural resource management projects. Without CPL funding, completion of the project is uncertain. When work like this is completed, the traditional source of funding is the park budget, but a project of this size is far beyond the scope of what is possible with park budget funds. As of now, there is no dedicated funding for invasive species and natural resource management projects. Despite limited resources, recent efforts have been made to improve upon the site, which demonstrates a desire and dedication to making the area more ecologically productive. In 2020, the City rented a Fecon remote control forestry mower to mow down as much of the black locust as possible, but was very limited due to the steep and rocky slopes on the site. The area mowed was only a small fraction of the total invaded area. Due to budget limitations, they were not able to hire contractors to completely remove invasive trees from the site. The mowed area was never treated with herbicide, and has re -sprouted rather aggressively. This work is hazardous due to the steep slopes, rough terrain, tall tree removals and large thorns covering the black locust trees. The slope conditions prevent equipment use on the majority of the site, requiring the work to be done manually. These hazards and site limitations increase contractor prices significantly. The work is far too dangerous for a volunteer removal event. Stillwater's Parks Department is not equipped to handle a project like this. Mower rental, a far less expensive endeavor than a complete removal and treatment, is near the upper limits of what the city is capable of funding per year for the site. The slopes - Page 2 - CONSERVATION PARTNERS LEGACY GRANT PROJECT OBJECTIVES (Continued) on the majority of the site are dense with buckthorn and black locust, whose aggressive reproduction threatens any progress made to date. Securing CPL funding would allow us to continue our work and ensure that the progress already made is not lost. Perhaps most importantly, funding would bring the site into a manageable state, easing future efforts. METHODS (N/A) EXPERIENCE / ABILITIES (N/A) PROJECT TIMELINE Time Frame Goal April 2023 April 2023 July 2023 September 2023 September 2023 September 2023 October 2023 April 2024 June 2024 September 2024 October 2024 April 2025 Aplril 2025 June 2025 September 2025 Woody Vegetation Removal Garlic Mustard Visit 1 Site Prep - Herbicide Site Prep - Raking Forest Overseeding Prairie & Savanna Seeding Foliar Spray Visit 1 Garlic Mustard Visit 2 Seed Establishment Visit 1 Seed Establishment Visit 2 Foliar Spray Visit 2 Bareroot Tree Planting Bareroot Shrub Planting Seed Establishment Visit 3 Seed Establishment Visit 4 Estimated Project Completion Date: 2026-04-30 PROJECT INFORMATION 1. Describe the degree of collaboration and local support for this project. (N/A) 2. Describe any urgency associated with this project. (N/A) 3. Discuss if there is full funding secured for this project, the sources of that funding and if CPL Grant funds will supplement or supplant existing funding. (N/A) 4. Describe public access at project site for hunting and fishing, identifying all open seasons. (N/A) 5. Discuss use of native vegetation (if applicable). (N/A) 6. Discuss your budget and why it is cost effective. (N/A) - Page 3 - CONSERVATION PARTNERS LEGACY GRANT PROJECT INFORMATION (Continued) 7. Provide information on how your organization encourages a local conservation culture. This includes your organization's history of promoting conservation in the local area, visibility of work to the public and any activities and outreach your organization has completed in the local area. (N/A) BUDGET INFORMATION Organization's Fiscal Contact Information Name: Andrew Coyne Title: Natural Resource Technician Email: acoyne@ci.stillwater.mn.us Phone: 651-430-8836 Budget Details Personnel Name Andrew Professional Services Professional Name Landbridge Ecological Landbridge Ecological Landbridge Ecological Landbridge Ecological Landbridge Ecological Landbridge Ecological Landbridge Ecological Landbridge Ecological Landbridge Ecological Native Resource Preservation Native Resource Preservation Equipment/Tools/Supplies Item Prairie Seed Mix Savanna Seed Mix Woodland Seed Mix Additional Funding Additional Funding Amount: $0 Budget Overview Item Type Personnel Contracts Fee Acquisition with PILT Fee Acquisition without PILT Easement Acquisition Easement Stewardship Travel (in -state) Professional Services Street Address 1: 216 4th St N Street Address 2: 3rd Floor City, State ZIP Code: Stillwater, MN 55082 Title / Work to be completed Project Oversight, Planning Description of Services Garlic Mustard Control Site Prep Raking Project Setup/Management Broadcast Seeding Shrub Planting Seed Establishment Site Prep Herbicide Broadcast Overseeding Tree Planting with Grow Tubes Foliar Herbicide Treatments Woody Vegetation Removal Purpose Revegetation Revegetation Revegetation Grant Match $47,725 $1,125 Total Amount Grant/Match In-kind/Cash $1,125 Match Cash Amount Grant/Match In-kind/Cash $1,500 Match $5,000 Grant $750 Match $1,500 Grant $3,000 Grant $6,500 Grant $2,000 Grant $225 Grant $2,500 Grant $4,000 Grant $23,000 Grant Cash Cash Cash (N/A) (N/A) (N/A) Cash Cash Cash (N/A) (N/A) Amount Grant/Match In-kind/Cash $1,125 $2,250 $49,975 $400 $550 $450 Match Match Match Cash Cash Cash - Page 4 - CONSERVATION PARTNERS LEGACY GRANT BUDGET INFORMATION (Continued) Budget Overview (Continued) Item Type DNR Land Acquisition Cost Equipment/Tools/Supplies Additional Budget Items Grant Match Total $1,400 $1,400 Totals: $47,725 $4,775 $52,500 SITE INFORMATION You may group your project sites together as long as land ownership, activity and habitat information is the same for the land manager. Land Manager Name: Shawn Sanders Organization: City of Stillwater Title: Public Works Director Site Information Phone: 651-430-8835 Email: ssanders@ci.stillwater.mn.us Habitat: Forest Activity: Restoration Land Ownership: Local Government (1) Site Name: Pioneer Park DOW Lake #: (N/A) Acres: 2 PLS Section: Township - 30, Range - 20W, Section - 28 Open to Public Hunting? No Open to Public Fishing? No NATURAL HERITAGE DATABASE REVIEW Natural Heritage elements were found within my project site(s): Yes Natural Heritage Sites and Managers: (N/A) Natural Heritage Elements: (N/A) Natural Heritage Mitigation: Several aquatic species on the NHIS review are found within 1 mile of the site, due to the close proximity to the St. Croix River. The site is an upland, east facing slope with no direct connection to the river. No work will impact species highlighted on the NHIS review. All herbicide will be applied according to MDA standards, minimizing the non -target effects and drift. All species are listed on the NHIS Review attachment. Native Plant Communitites: MHs37b, MHs39a, WMn82a - forest types located within a mile, but not present on site. MHs39a Sugar Maple - Basswood - (Bitternut Hickory) Forest, with "Imperiled" status, is located 1 mile to the north along Brown's Creek. No work will impact the NPCs listed in the NHIS review. MBS 82204 Brown's Creek, located in the Brown's Creek Watershed District, is one of the only designated trout streams in the metro area. The project area is in the Middle St. Croix Watershed District, separated from BCWD. St Croix River - The site is located 500ft west of the St. Croix. Slash and mulch will be spread throughout the site to provide erosion control and runoff prevention for the time between the removal and planting phases. ATTACHMENTS Additional Documentation Attach additional documentation as applicable using the appropriate cagtegories below. If you exceed the size limit while uploading, contact CPL Grant staff to discuss your options. Photo File Name Description - Page 5 - CONSERVATION PARTNERS LEGACY GRANT ATTACHMENTS (Continued) Photo (Continued) File Name Description IMG_0664.jpg Tall Black Locust & Upper Terrace IMG_0671.jpg Herbaceous Invasives in Upper Terrace IMG_0681.jpg Black Locust/ Buckthorn Thicket IMG_0688.jpg Black Locust Thicket IMG_0700.jpg Black Locust Sprouts in Savanna IMG_0703.jpg Savanna Restoration Plan File Name Description PioneerPark_VegReplacement_(1).docx Engineering/Survey/Design Plan File Name Davey_Pioneer_Park_Restoration_Proposal. pdf NRP_12.20.2022.pdf Pioneer_Park_Buckthorn_Replacement_Mix.pdf PioneerPark_VegMgmt_Zones.jpg Stillwater Pioneer_Park_Proposal_Landbridge2022.pdf Description U pdated_Stil (water_Pioneer_Park_Proposal_Update_Land bridge2022.pdf Supplemental Document File Name Description NHIS_Review_Stillwater 11.16.22.pdf FINAL APPLICATION SUBMISSION p I certify that I have read the Conservation Partners Legacy Grants Program Request for Proposal, Program Manual and other program documents, and have discussed this project with the appropriate public land manager, or private landowner and easement holder. p I certify I am authorized to apply for and manage these grant and match funds, and the project work by the organization or agency listed below. I certify this organization to have the financial capability to complete this project and that it will comply with all applicable laws and regulations. p I certify that all of the information contained in this application is correct as of the time of the submission. If anything should change, I will contact CPL Grant staff immediately to make corrections. p I certify that if funded I will give consideration to and make timely written contact to Minnesota Conservation Corps or its successor for consideration of possible use of their services to contract for restoration and enhancement services. I will provide CPL Grant staff a copy of that written contact within 10 days after the execution of my grant, should I be awarded. p I certify that I am aware at least one Land Manager Review and Approval form is required for every application and at least one Public Waters Contact form is required for all public waters work. I am aware I must submit all completed forms by uploading them into this applidation. I have attached the required type and number of forms as necessary for this project. - Page 6 - CONSERVATION PARTNERS LEGACY GRANT FINAL APPLICATION SUBMISSION (Continued) p I am aware that by typing my name in the box below, I am applying my signature to this online document. signature: Andrew Coyne Organization / Agency: City Of Stillwater Title: Natural Resources Technician Date Signed: January 12, 2023 (CPL Grant Application ID = 2178) - Page 7 - iliwater THE BIRTHPACE OF MINNESOTA DATE: March 3, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tanya Holmgren, Administrative Assistant SUBJECT: Short -Term Home Rental License Application BACKGROUND According to the recently amended ordinance, amending Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short-term home rental and have deemed them complete for approval by the City Council. RECOMMENDATION Approval of the following Short -Term Home Rental License Applications: License Address Owner/Applicant Occupancy License Number of Type Type Location Licenses Short-term 906 Maple St W home rental ACTION REQUESTED Kelsey Gelhaus Not Owner Occupied Outside of Downtown 30 of 50 Area If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license application. iUwatr HE & FITHPLACL 01 M INN F S C I A DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Stillwater Half Marathon 2023 Event Application and Contract BACKGROUND Run Stillwater, Inc. has submitted a special event application to host the 2023 Stillwater Half Marathon Event on Saturday, May 27, 2023. The proposed event is planned to be the same as last year's event. The event features a Half Marathon, 10K and 5K certified races. The races will have three different starting points and finish at Pioneer Park, where post -race activities will occur. There will be shuttle busses running from Mulberry Circle in the morning to shuttle participants to the starting lines from 6:00 am to 7:40 am. Fees for this event will be charged according to the 2023 Fee Schedule and will be due 3 weeks prior to the event. The Organizer must provide all insurance, coordinate with City staff, pay for any City services and materials. ACTION REQUIRED Upon satisfactory review of the event application, route maps and site plans, if Council wishes to approve the special event, they should pass a motion recommending approval of the Stillwater Half Marathon 2023 Event and contract with Run Stillwater, Inc. Attachment: Contract Agreement, Event Application Form, Site Plan and Letter from Event organizer. STILLWATER HALF MARATHON EVENT AGREEMENT WITH RUN STILLWATER, INC. THIS AGREEMENT (the "Agreement") is made this 7th day of March, 2023 between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and RUN STILLWATER, INC., a Minnesota limited liability corporation ("Organizer"), 5055 Normandale Ave. N, Stillwater, Mn 55082. 1. Stillwater Half Marathon, 10K and 5K. The City hereby authorizes Organizer to organize and conduct a race to be known as the Stillwater Half Marathon ("Race") in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: May 27, 2023 (5:00 am to 7:30 am) Event: May 27, 2023 (8:00 am to 11:00 am) Cleanup: May 27, 2023 (10:00 am to 12:00 pm) The Race. The "Race" will include a Half Marathon, 10K and 5K race 3. Course for the Race. (a) Half Marathon Course. Event starts at Gateway Trail and proceeds to Norell Ave. Right on path on east side of road to Stonebridge Trail. Straight (S) on path on east side of road to St. Croix Ave. Left (E) to William St. Right (S) to Laurel St. Left (E) to finish at Pioneer Park. (b) 10K Course - Starts on Myeron and goes south to join the Half Marathon Route. (c) 5K Course. The race will start at Brown's Creek Park and run on city streets to State Highway 96. At State Highway 96, the 5K course will join the Half Marathon/10K Route. (d) Changes in the Race Course or Start and Finish Lines that deviate from the Race Course described in this section may be made only by agreement of the Parties, and far enough in advance of the Race to allow for public input, public safety and health considerations to be smoothly adapted to any changes. 4. Parking Control. The purpose of the Parking conditions is to ensure that Downtown businesses retain parking availability for their customers during the Race or during pre - race packet pickup. To further this purpose, Organizer will: i. Promote remote parking by Race participants by including a parking map and information, along with confirmation cards sent to all Race participants, and on other pre -Race promotional literature. ii. Organizer must submit a traffic control and participant parking plan for review and approval to the Police Chief and Public Works Director by May 5, 2023. The plan must address and mitigate parking congestion in the Downtown, in order that businesses in the Downtown are not inconvenienced by Race congestion. iii. Traffic Control Points. The intersections of all streets and roads on the Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed to cross the course at every intersection, runner traffic permitting. Prior to the Race, the Organizer will place a designated running lane along parts of Owens St and along parts of Laurel Street as approved by the City's Chief of Police. iv. In addition, Race staff will assist residents with access to their driveways by escorting them to the nearest cross street, runner traffic permitting. Residences with homes on the course will receive a direct mailing from Organizer informing them of specific Race timelines and will be given a direct "hot line" number to reach on Race day. Further, on the night before the Race, Organizer will attempt to make personal contact with owners of vehicles that appear to be parked on the Race course. This will be done in conjunction with the Stillwater Police Department. Every effort will be made to minimize or even eliminate the involuntary towing of vehicles because of the Race. 5. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, MN State Patrol, Washington County, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the race) and must submit copies of permits to the City from other agencies by May 5, 2023. 6. Contact Information. Organizer shall provide updated accurate phone numbers and specific details on who and what dictates weather cancellations or delays 7. Participant Count. Organizer shall provide Public Safety and EMS accurate participant numbers as of May 5, 2023. 8. Required Information, Meetings, and Documentation. Organizer agrees that failure to provide required information and documents to the City is just cause for the City Council to terminate the agreement and cancel all races. 9. Public Safety Requirements. The organizer agrees that City has the right to increase the requirements to public safety resources based on participant numbers, threats, or weather conditions and any associated City costs will be paid for by the Organizer. 10. Water Stops and First Aid Stations. Water and first aid stations will be established at the start, finishes, and throughout the race course in keeping with National Race Standards for Races. 11. Emergency Plan. The Race emergency plan will be designed by the Organizer with the assistance of Lakeview Hospital Emergency Services. The plan will meet MN State Fire Code per Section 403 Public Assemblage and Special Events along with recommended EMS Guidelines for Special Events and Mass Gatherings Medical Care per Regions Hospital Emergency Medical Services and include: a. Number and location of Law Enforcement personnel b. Number and location of EMS resources on hand and dedicated to the event. c. Specify by name on the plan, who is responsible for event decisions on the approval or cancellation of the event due to weather and needs to utilize and identify the specific criteria they will base their decision (e.g., wet bulb temperature, lightning in the area (how determined and what is the criteria), etc. The City or Public Safety is not responsible for this decision. d. Plan must contain contact (names and cell phone) inforrnationonthe plan. This complete plan must be received and approved by the City no later than May 5, 2023. 12. Food, Liquor and Vending. Organizer will not provide commercial food, liquor or vending, nor will they license others to provide these services to race participants in City parks. This provision does not prevent Organizer from providing free standard recovery food and nonalcoholic beverages to Race participants. 13. Closing of the Course. All traffic signs, barricades and cones will be removed by Organizer and the Race courses closed by 3 p.m. on Race day. Any remaining after such time will be removed by City and all labor and storage fees will be paid for by the Organizer. 14. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement. The organizer must provide the City satisfactory proof that is has obtained liability insurance that names the Event and the City as an additional insured, as loss payees, in an amount of at least $1,500,000 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of both Event and Liquor liability coverage as described in Minn. Stat. §340A.409, subd. 1 with regard to the event. This must be provided to the City by May 5, 2023. 15. Public Information. Organizer will make every reasonable effort to notify property owners and businesses along the Race courses of any restrictions that might be placed upon their movements during the Race. Leaflets providing this information must be delivered to each such owner by mail one week before the race and delivered to the mailbox of each owner on the Friday before Race day. 16. Public Safety Meeting. Organizer will make arrangements to meet at Stillwater City Hall with Public Safety officials of Stillwater Police and Fire and Lakeview EMS for a pre -race meeting before May 5, 2023. 17. Police Power. The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 18. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Race or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment and services) shall be received by the City no later than May 5, 2023. Failure to make the payment will result in cancellation of the event. In the event of a cancellation of this Race after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Race, before returning the balance to Organizer. 19. City Services. The type and amount of City services and materials needed for the Event will be determined by the Parks Superintendent. The Organizer must provide portable toilets to augment the existing facilities, barricades for street closure, and trash removal. (a) No Parking signs. The Organizer may contact the Stillwater Police Department to arrange rental of materials and will be charged according to the City of Stillwater Event permit fee schedule. Organizer will be responsible for any overtime costs to place and remove No Parking signs along the route of the event. (b) Portable Toilets. Organizer will provide portable toilets that will be placed in the gravel lot behind Pioneer Park band shell, and spotted throughout the course in keeping with Standard Race Requirements. The number of portable toilets will be established in consultation with the Parks Superintendent. As needed, the Organizer shall also stock and restock the existing restroom facilities in Pioneer Park and Pedestrian Plaza during the event with supplies provided by the City. If portable toilets are privately contracted, they will be removed by the close of business on Monday following the event. In the event that all portable toilets are not removed before the close of business on said Monday, the City is authorized to contract for and remove the toilets and add to costs so incurred to the costs that Organizer is required to pay pursuant to Item No. 18 of this Agreement. (c) Barricade Placement. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on date of event at the intersection of 2nd Street N and Cherry St W, 2nd Street N at Wilkins St, and Laurel Street at 3rd St as designated by the road closure plan submitted for approval. This will inform users of the street closure for the Event. (d) Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. (e) Rubbish Removal. All garbage and refuse generated by the Race, including that left by spectators along the route, will be placed in dumpsters at Pioneer Park as directed by the Public Works Superintendent. 20. Term. The term of this Agreement will be for one year unless terminated earlier by the City on public safety grounds. 21. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, Its City Clerk STATE OF MINNESOTA ss COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of , by Ted Kozlowski, Mayor, and Beth Wolf, Clerk, for the City of Stillwater. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public RUN STILLWATER, INC. By (Print Name) Its The foregoing instrument was acknowledged before me this day of by , the , the duly authorized agent for RUN STILLWATER, INC., a Minnesota limited liability corporation. Notary Public Stillwater 1/2 Marathon Half • 10K • 5K May 27, 2023 Lift Bridge Road Race 10M•10K•5K June 24,2023 January 6, 2023 Jason Grode Parks Superintendent City of Stillwater 216 4th Street North Stillwater, MN 55082 St. Croix Crossing Half Marathon Half • 10K • 5K July 29, 2023 Gopher to Badger Half Marathon Half • 10K • 5K August 12, 2023 Stillwater Boom Site Log Run 10M•12K•5K September 16, 2023 Jason, Enclosed please find our event application for the Stillwater Half Marathon on May 27, 2023. Included are: 1. Course maps within the city 2. Course control plan as runners approach the finish line 3. Finish area site plan for Laurel Street and Pioneer Park 4. Safety and emergency plan Prior to the event, we will provide: • Final changes to the site plans and/or emergency plans, if necessary • Copies of all related permits • Certificate of insurance Our records show that the city currently holds a $1,000 safety deposit from us, which has typically rolled over event -to -event. Please let me know if you have any questions. Additional information on the events can be found on our website — https://www.runstillwater.com. I'm looking forward to another great year. Best regards, Stacy Einck Coordinator Run Stillwater, Inc. stacy(a� ru nstillwater.com (651) 470-3802 mobile 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: 01/06/2023 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Stillwater Half Marathon Event Date/Time: Set up: Date Time 0500 to 0730 Actual Event: Date May 27, 2023 Time 0800 to 1100 Clean up: Date May 27, 2023 Time 1000 1200 to (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) Pioneer Park is the finish area for the races. Maps attached for specific details. Descri ption of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) A Half Marathon, 10 K and 5K on certified courses that are sanctioned by USA Track and Field (USATF). Buses shuttling participants to their respective starts will load on Water Street between Mulberry and Myrtle St. (as in the past). Bus loading from 0600 to 0740. Half Marathon start is on the Gateway Trail near Hilton Trail. 10K start is on Myeron north of the Wash Cty services building. 5K Start is at Brown's Creek Park. Finish line for all races is on Laurel Street between 2nd and 3rd St. Post race activities in Pioneer Park. In previous years people from 31 states and five foreign countries entered the races, making this a great event for hotels and restaurants in the Stillwater area. Many local non -profits benefit to help with day -of -event staffing. Estimated Attendance (participants and spectators): Estimate 1200 with confirmation closer to the event date Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Run Stillwater, Inc. Mailing Address: 5055 Normandale Ave. N. City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Stacy Einck, coordinator Phone Number: (651) 504-4044 Fax: NA Cell Phone: (651) 470-3802 Email Address: stacy@runstillwater.com Website Address: https://www.runstillwater.com Name of contact person during event: Stacy Einck Cell Phone: (651) 470-3802 Alternate contact during event: Course Director Cell Phone: (651) 253-3294 Refer media or citizens inquires to: Stacy Einck 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: 2-4 at finish area on iron fence 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: apply see Instructions Will sound amplification be used? No ■ Yes © Hours and Type: PA for race announcer, 0800-1130 10x10 Will a stage or tent(s) be set up? No • Yes f3 Dimensions: anchored with weights Will there be temporary fencing? No F3 Yes ■ How many Fees for electricity may Will merchandise/food items be sold? No 01 Yes ■ vendors expected: apply see Instructions Will food be prepared on site? No 0 Yes ■ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No 0 Yes ■ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No © Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No © Yes ■ See Alcohol Regulations in the Instructions Will there be a fireworks display? No F4 Yes • Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. PA system at the finish line is powered by a small generator. Possible need for 100v power from the bathroom building in Pioneer Park for finish line activities, but only as a precaution. It has not been needed in the past. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Ads in local and regional running publications, eblasts to race email list (16,000+). Calendar listings in prominent race calendars - local and national. Press releases to local media before the races. Online website with optimized search engine and digital advertising via race calendar sites and social media. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No • Yes M. Start/End Time: 0800-1130 Date: May 27, 2023 City Sidewalks or Trails No ■ Yes © Start/End Time: 0800-1100 Date: May 27, 2023 Public Parking Lots or Spaces No ■ Yes © Start/End Time: 0500-1130 Date: May 27, 2023 Fees may apply Will event need barricade(s)? No ■ Yes ■ Number needed: Event will provide see Instructions Fees may apply Will extra picnic tables be needed? No © Yes ■ Number needed: see lnstructions Fees may apply Will portable restrooms be needed? No ■ Yes 0 Number needed: Event will provide see Instructions Fees may apply Will extra trash receptacles be needed? No ■ Yes M Number needed: Event will provide see Instructions Describe trash removal and cleanup plan during and after event: Ongoing cleanup by race staff during event will include picking up any trash not in containers and keeping trash boxes (provided by event) empty. At the end of the event, event area, including all of Pioneer Park and the entire course will be inspected. Any event -generated trash will be placed in the dumpster at Pioneer Park. Will event need traffic control? No ■ Yes Mi Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: The event will provide experienced race marshals in approved safety vests and use public safety (Stillwater PD and State Patrol) to assist with traffic control at key locations (see traffic control map). We would like (and recommend) a meeting 2-3 days before the race to go over the course and safety officer/course marshal locations. Fees may apply see Instructions Will "No Parking Signs" be needed? No • Yes © Number needed: TBD Show location(s) on site map Will event need security? No 0 Yes I• If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: NA Will event need EMS services? No ■ Yes M Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Ambulances and medical personnel will be located along the course and at the finish line. Event staff (course marshals and water station staff) will be briefed on procedures and will monitor runners along the course looking for those who appear to need assistance. A chase bike follows the last runner on the Gateway Trail followed by a vehicle from Pine Point Park to the finish area. See event Emergency Plan approved by race medical director for more details. Describe the emergency action plan if severe weather should arise: See event evacuation plan provided. List any other pertinent information: Race staff recommends meeting with SPD, SFD and Lakeview EMS Thurs or Fri before the event to review plans. This race has been in existence since 2014. Bus loading on Water Street between Myrtle and Mulberry will be 0600-740. The bus pickup area, courses, water stations, public safety positions, start areas and finish line have not changed since its inception. Runner reviews show outstandina execution. We nrnvide fund-raisina onnortunities through our volunteer -for -donation nroaram and 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 Stillwater6,d is a release of Liability. Sigriature of Applicant or Authorized Agent Date 01/06/2023 it- Runners come off trail {onto Owens St. No Parking and cones on East/North side of streets here to finish. St Crux 4ve I4----.14:44.44A--14.--- Neighbor Stop 23 Stonebridge Elementary School Hickory StW Maple St W Harb011iv�Restauranr f! W EInt St A Moore St W Sycamore Sit 4 St. Croix Ave Y StiLIwater Ave W Aspen Si w EImStyd z a Hickory St w 00 m ru ro r; Maple Si W Coning & No Parking Plan — Stonebridge Trail to Finish May 27, 2023 Stillwater Half Marathon/10K/5K Finish Approach • No parking east/north side of street and both sides on Laurel between 3rd St. N. and 2nd St. N. • Coning along east/north side of street • Street closures • Finish Line • Course marshals 0 • SPD 2 —a1+++ill 4 _____ ��- ca tin iiii INdLer e z Street closed ry Finish Line and Post Race Area ��� hArr+n• es to Paorreer Perk �5.1 •� Streets closed rtiel • Runner approach • No Parking North Side • Coning treet uosure Announcer Finish Ure.- 4. ...... .'I.'.....Ambulance Stillwater Half Marathon/5K Finish Area Bike Barriers/Cones Street Closures Portapotties (#TBD) First Aid lc); CPO 0 ` Feodr.Beverages I 1::::64Refrestnent 0 ?ad ci parrs pawk TrasiQ hroughout tMe parl�� ti .-L.+ '4J J I' I' I' r 0 r..) 0 0 0 0 00 n 0 AoriParka G' 0, 6) Go 0 Stillwater Half Marathon/10K/5K May 27, 2023 Water Stations, Mobile, Spotters, etc. Traffic Plan & Staffing Emergency Plan Staffing Run Stillwater Inc. Race Coordinators Stacy Einck, (651) 470-3802 Kate Mertz, (651) 261-9997 Starts and Water Stations, etc. All Starts (Half, 10K and 5K) Staffed Basic first aid kit Porta potties Water Water/Aid Stops — Half/ 6; 10K/ 3; 5K/ 1 — at two-mile increments — Last three Half Marathon water stops are also used by the 10K, Water Station six is used by all runners and is at 2.5K of the 5K course Staffed Basic first aid kit Porta potties Water/Gatorade Mobile — on the course — moving along the course monitoring runners Lakeview EMS (roaming as needed) Bike patrol following the last runner on Gateway Trail Sag bus following the last runner from Norell and Gateway Trail to Finish Race staff Spotters/Marshals — on the course in fixed positions Every intersection on the course(s) will have either a course marshal (no. TBD, in the past 44 total) or law enforcement officer (no. TBD total). All "spotters" will be instructed to watch for runners who appear to be having difficulty and report that information to the course director, who in turn will pass that information to positions ahead of that runner with instructions to monitor that runner. Sag Bus — following the last runner A bus will follow the last runner starting at Norell and Gateway Trail picking up anyone that decides they are done running/walking for the day. Event staff, in vans, will be dispatched as needed to meet the Sag Bus and bring those participants to the finish line area, where, if needed, EMS staff will be located. Stillwater Half Marathon/10K/5K May 27, 2023 Finish Line (Common finish line for all races) Lakeview EMS w/Ambulance (dedicated) Ice Water Gatorade Bouillon cubes (if needed) Recovery Food: Carbs Salty Fruit Fireman's Mist (if needed and SFD can do it) Communication Serious medical situations will be reported via 911 with public safety responding. Minor first aid situations will be reported by text message to a dedicated event staff cell phone with event staff or event medical responding. Event staff will have a list of "Captain" cell numbers for both start lines and all water stations and for each course marshal. Cell numbers will allow event staff to communicate amongst each other at specific positions on the course regarding runners who have been reported to be "struggling". All medical incidents will be described in a written report that will include runner's name, bib number, description of medical issue and action taken. Traffic Plan and Staffing Course Description — Half Marathon — (see map) Traffic on the course will be controlled by six state patrol officers, TBD Stillwater PD officers, and 44 course marshals. The marshals have all received training in traffic control. All marshals will wear approved safety vests. All intersections on the course will be staffed. The first eight miles of the Half Marathon course are on the paved Gateway Trail. The course/trail crosses one road that has significant traffic at Mile 2 (Gateway Trail and Jamaca). A Minnesota State Trooper, along with his squad car with lights flashing, will cover that intersection to ensure the runners' safe crossing. Course marshals will be positioned at various locations along the Gateway Trail. The 10K race joins the Half Marathon course on the Gateway Trail at Myeron Road North. The Half Marathon/10K course leaves the Gateway Trail at about Mile 8 and crosses County Highway 55/ Norell Avenue North. A Minnesota State Trooper and squad car will be positioned at the Norell crossing to ensure runner safety as they cross Norell. Runners then move south on the bike/walking path in the east side of the road for about two miles. At the end of that trail runners will run on the east side of the road, inside traffic cones, towards traffic, for another two miles to the intersection of State Highway 96 and Norell Avenue North. 2 Stillwater Half Marathon/10K/5K May 27, 2023 "Caution Running Event in Progress" signs will be positioned at both ends of this portion of the course. Course marshals will be positioned along this part of the course to slow traffic and keep runners inside the traffic cones. Three Minnesota State Troopers and squad cars will be positioned at the intersection of State Highway 96 and Norell Avenue North to ensure the runners a safe crossing at that intersection. The Half Marathon/10K runners then enter residential Stillwater running on the bike/walking trail that is directly east of Stonebridge Trail. The runners leave the bike trail on Stonebridge Trail and turn east on St. Croix Avenue running inside traffic cones as noted on the map. Runners then turn south on William Street and run inside traffic cones to Laurel Street where they turn east and run inside traffic cones to the finish line located on Laurel Street approximately 100 feet west of Second Street Note: If the course is on a city street, runners will be running toward traffic, with no parking on that side of the street, inside traffic cones. Public safety officers and course marshals will be positioned at each intersection to control traffic. One block of Laurel Street between Third Street and Second Street will be closed to traffic to accommodate the finish line. Road closed signs and barriers will be positioned to facilitate the road closing. Course Description — 5K (Map attached) The 5K course starts at Brown's Creek Park and runs on city streets until it reaches State Highway 96. Public safety officers or course marshals will be stationed at every intersection to ensure the runners safety. At State Highway 96 the runners turn east and run inside traffic cones to the intersection of Norell Avenue North and State Highway 96. At this point the 5K courses and the Half Marathon/10K courses combine. Warning Lites of Minnesota will place all signs and cones in position prior to the races and remove them after the races. Emergency Plan Race staff will meet with public safety per the terms in the City of Stillwater/Run Stillwater, Inc. contract. Pre -Race Weather Race staff will use a direct phone number at the National Weather Service providing immediate, 24/7 access to weather information. Pre -race weather will be monitored carefully. A race day forecast that indicates the possibility of "outside the norm" weather (heat, cold, wind, potential severe weather, etc.) will be passed on to participants via email the night before the race. In this email any possible adjustments to the race day schedule will be identified and any suggestions for runners (very hot — hydrate more) will be passed along. 3 Stillwater Half Marathon/10K/5K May 27, 2023 Race -Day Weather Race day morning, race staff will have arranged in advance to connect with the National Weather Service and get an hourly forecast through 12 noon for the race area. If there is any weather in the forecast that could affect the race (high winds, electrical activity) either by delaying the start times or canceling the races altogether, weather monitoring will be done in increments of thirty minutes. The decision to delay the race start or cancel the race altogether will be made by the race coordinators based on weather conditions. Race coordinators will then notify public safety. The public safety officer contact will be identified one week prior to the race and will exchange cell phone numbers with the race coordinators. The races will only be started if the weather forecast shows that runners will be able to complete their races without severe weather impacting them (8:00 a.m. — 11:00 a.m.). Parameters for weather conditions are as follows: • Electrical activity in the area • Hail • High winds • WBGT less than 65 degrees Fahrenheit is Green Flag/No Warning to runners necessary • WBGT 65 to 72 degrees Fahrenheit is Yellow Flag/Recommend participants at increased risk for heat collapse. Slow pace. Warn all entrants of increased risk of heat collapse. • WBGT 73 to 82 degrees Fahrenheit is Red Flag/Recommend participants at increased risk for heat collapse withdraw from race, and other slow pace to match conditions. • WBGT above 82 degrees is Black Flag/Cancel or recommend voluntary withdrawal. Note: Wet Bulb Global Temperature (WBGT) parameters according to U.S.A. Track and Field guidelines. In the event that delaying the start or canceling the race is contemplated, runners will be held at the race check -in point — the Water Street Inn — until a definitive schedule can be set. Runners will be asked to either stay inside the hotel or on the shuttle buses. (All runners are shuttled by bus to their respective race starting lines). Runners will receive schedule updates on a regular basis from race staff and course marshals. The race will use standard safety procedures regarding the presence of lightning on the course. The race will be delayed or stopped if there is any lightning on the course and will only be started or resumed after 30 minutes without any electrical activity in the area and a weather forecast that indicates no electrical activity is predicted in the area until after the projected race finishing times. If the races have started and there is a weather change that introduces the possibility of severe weather impacting the races while they are in progress, all shuttle buses will be positioned on the course to pick up runners if evacuation of the course(s) becomes necessary. 4 Stillwater Half Marathon/10K/5K May 27, 2023 Evacuation Plan If the races are stopped because of severe weather, or any other reason, the decision to stop the races will be communicated to staff on the course by the race coordinators. Public safety officers will drive the courses announcing the decision to stop the race over their squad car sound systems. The race shuttle buses will be used to clear the courses. If Half Marathon/10K runners are still on the Gateway Trail, buses will be directed to these positions to clear runners from the Gateway Trail. • At Half Marathon start on the Gateway Trail at Highway 36 • At 75th and County 12 • At Jamaca • Along Jeffrey Blvd. • At Highway 96 • At Lansing Avenue • At Manning Avenue • At Myeron Road • At Norell Avenue North Buses will rotate down the course following the stream of runners. Minnesota Central Bus, will coordinate the bus movements under direction of race staff and public safety officers. Buses will be sent down the Half Marathon/10K and 5K courses to pickup runners. Runners will be delivered to The Water Street Inn in downtown Stillwater so they can return to their cars. 5 sp j.wha I•' MH.Aiyir _2170, K2 0- 235 K 'TILLWATER, MN ��J NI111iAY'HI1�V ■Aid Station: Gatorade, water & portable restrooms 0 Mile Marc 1/2 Marathon/10K Mile4 Aid Station Course Map Race Start Time 8:00 am Dellwood Rd 1-694 START Mile 2 Aid Station ■ `Absolutely No Parking or Drop - Offs at the Start Line Mile 6 Aid Station Vine Point Park 1OK START Mile 8 Aid Station Mile 10 Aid Station 96 „NI c z;be' Mile 12 5K START rf =Aid Station te r" Pioneer Park.cn Z Laurel St FINISH Downtown Stillwater ELEVATION FEET 1 /00 10C•0 ---�---- r. AliIIIIIIIIIIIIIIIIIIMIMIMIIIWIR�_---- 1 MILE MILES 2 MILES 3 4 MILES MILES 5 6 MILES 7 8 MILES MILES MILES 9 10 MILES 11 MILES 12 MILES 13 I1 LE - Bus Shuttle Pick-ip Packet Pick-up 35 S I.. r E 112 NlllllAl'llllvV Half -10K - 5K MAY 27, 2023 STILLWATER, MN 5K Course Map Race Start Time 8:00 a.m. ■Ald Daiar I XJ .iMR' x4E81E. Rm-Amna 0 tiaa�, iliwater� THE BIRTHPLACE OF MINNESOTA DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant Planner SUBJECT: Second Reading, Zoning Text Amendment to amend Section 31-325 to allow Commercial Recreation use in the Business Park — Industrial zoning district, to permit Commercial/Recreational dance studio at 16XX Washington Avenue (PID: 32-030-20-42-0020). Case No. 2022-83. BACKGROUND The Applicant, Curio Dance & School is seeking a Zoning Ordinance Text Amendment, to amend the existing Section 31-325 Allowable uses in non-residential districts, to include "Indoor Commercial Recreation" as a Permitted Use in the BP -I district and amend the existing definition to better encapsulate commercial recreation uses and create categories for indoor and outdoor. The ordinance language was drafted in consultation with the City Attorney. The proposed Project Site is a vacant lot, located directly north of 2020 Curve Crest Boulevard (PID: 32-030-20-42-0020). At this location, the Applicant seeks to construct an approximately 10,000 square foot, one-story building that would contain four dance studios and an office that would host dance classes and performances for children and adults. Curio Dance and School is currently located in Stillwater, in the commercial development on the corner of Northwestern Avenue and Frontage Road West, and intend to relocate the existing studio to the proposed project site. The Commercial Recreation use is one of many recreation related uses in the "Entertainment" category of the City's Non -Residential Use Table. The current uses and definitions for commercial recreation are very specific and can be difficult to interpret. To rectify this, staff is proposing a minor amendment to the "Commercial Recreation" definition to make it more inclusive and to differentiate indoor and outdoor uses. Currently, the Commercial Recreation use is not allowed in the Business Park Industrial (BP -I) District. Staff, in conjunction with the City Attorney, is proposing to allow the use in the BP -I under the new definition, "Indoor Commercial Recreation". The current definition lists specific uses and excludes common recreational uses, such as dance studios. Staff proposes to amend the use to in order to facilitate a more broad and inclusive variety of possible and similar uses. Staff believes the broader definition is more appropriate for fairness and equity for similar uses and will help streamline future requests. Additionally, staff is proposing to allow Indoor Commercial Recreation as a permitted use in the BP -I and other commercial districts. This is primarily due to existing uses that are compatible in this category that already exist in these districts. Further, market trends indicate that non-traditional industrial uses that require larger building footprints are becoming more desirable in these areas, such as climbing walls, indoor sport courts, and other studios. Staff is also proposing the creation of "Outdoor Commercial Recreation" as a conditional use in the Commercial districts. This is to help clarify where the indoor and outdoor commercial recreation will primarily be permitted and by what mechanism. The Planning Commission was offered an alternative to the recommended Text Amendment. If the Commission wanted to allow the Indoor Commercial Recreation use, but with additional controls, the Commission could have changed the Text Amendment to allow the use via Conditional Use Permit. The applicant prepared a complete Conditional Use Permit in the event the Commission made this change. Ultimately, the Commission recommended to move forward with the Indoor Commercial Recreation use as permissible by right, thereby eliminating the need for a Conditional Use Permit. ZONING TEXT AMENDMENT ANALYSIS Land Use/Planning and Zoning Information Comprehensive Plan Designation Business Park/Industrial Zoning District Business Park Industrial Overlay Zoning District West Stillwater Business Park Business Park/Industrial Designation — 2040 Comprehensive Plan The City created the Business Park/Industrial land use designation to provide sites for traditional industrial, limited manufacturing and processing of products. According to the 2040 Comprehensive Plan, properties in this land use designation typically see a floor area ratio of 0.25 to 0.50 and buildings are typically one to three stories in height. This land use designation is located north of Highway 36 and South of Orleans Street. The Comprehensive Plan also guides specific goals for economic development that include supporting business expansion in the West Stillwater Business District. BP -I: Business Park — Industrial District Zoning District The purpose of the Business Park — Industrial district is to provide a district for light industrial and office uses. The Zoning District is generally located in two major areas in the Highway 36 corridor. A portion is located between New Orleans Street and Curve Crest Boulevard. Another portion is located south of Curve Crest Boulevard, between Northwestern Avenue and Greeley Street. Overall, the development throughout the district has been diluted by the practice of allowing unrelated uses by Special Use Permit (SUP). This has allowed a number of similar but not light industrial uses as outlined in the district purpose to develop in the BP -I district. In the area between Orleans Street and Curve Crest Boulevard, development has historically consisted of a mix of commercial, medical, and office uses. Here we see uses that include medical practices, automotive body repair, veterinary clinics, and general contractor offices. Further, most of the land use directly to the north and east is medium to high density residential, and commercia/office uses to the west and south, which also includes indoor recreation opportunities. In the area south of Curve Crest Boulevard and between Northwestern Avenue and Greeley Street, development has historically consisted of a similarly diverse category of uses such as offices and commercial activities, even including some existing recreational/event buildings. However, in this section we see an increase of light industrial, manufacturing, and ancillary automotive uses. Both areas described above are adjacent to business park commercial and office districts. Both of which have seen the permitting of indoor commercial recreation activities that continue to exist today, such as, skating rink and sports center, athletic clubs, and event centers. 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. A key component of the plan was to guide new development. Since then, the majority of the BP- I area has been developed, and the current application of the plan mostly related to the regulation of design and landscaping standards. After Staff analysis, the proposed use and design appear consistent with the West Stillwater Business Park Plan. FINDINGS AND RECOMMENDATIONS Historically, the industrial district has seen a healthy mix of industrial, office, and a variety of commercial uses. Even with the minor development differences of the primarily two areas of BP -I zoning district, the proposed indoor commercial recreation use would be appropriate in the BP -I district, and continue to complement existing uses within the BP- I district as well as those in the neighboring zoning districts. Expanding on that, Staff agrees that due to the mixed development in the adjacent Commercial and Office Park zoning districts, amending the City Code to allow indoor commercial recreation use as permitted use in the Business Park Commercial, Office, and Industrial districts would be reasonable and allow the make the existing uses further conforming with the zoning code. At their meeting on February 21, 2023, the City Council requested staff confer with the City Attorney to investigate any uses that would otherwise fall under the broad definition of "Commercial Recreation", that may require additional controls through a Conditional Use Permit process. One option discussed was making both Indoor and Outdoor Commercial Recreation Conditional Uses in all districts. This option would provide the Planning Commission discretion on all future proposals, including Curio Dance, through the Conditional Use Permit process. Alternatively, Staff reviewed the existing language for "Commercial Recreation" and researched similar uses and concluded that that "firearms range" could be categorized as conditional in the Use Table, which would omit it from the broad definition of "Commercial Recreation". Staff has provided an alternative amendment outlining this change. At Council's direction, Staff also investigated the option of removing "Commercial Recreation" from the General Commercial (CA) district and determined that it would be beneficial to leave these uses within the CA zoning district. This is because there are very few CA zoned areas remaining (Stillwater Boulevard north of Highway 36 and South of Croixwood; Greeley Street just north of Highway 36), and they are more or less completely developed. ALTERNATIVES A. Approval of Zoning Ordinance Text Amendment as written. B. Approval of Zoning Ordinances Text Amendment, with an update to the Use Table to include the use "Firearms Range" as conditional in any of the Business Park Districts (or otherwise directed by City Council). C. Approval of Zoning Ordinance Text Amendment, with an update to the use table to require Conditional Use Permits for both Indoor and Outdoor Commercial Recreation in all applicable districts. ACTIONS REQUESTED 1. Motion to approve Alternative A, the Second Reading of the attached ordinance amendment to Section 31-101 definitions and Section 31-325 non-residential districts use table to the City Council. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101 AND SECTION 31-325 REGARDING COMMERCIAL RECREAION DEFINTIONS AND BUSINESS PARK — INDUSTRIAL ALLOWABLE 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 changing the following definition: Commercial Recreation means commercial use of a building or premises for sports or leisure activities and/or rentals. means bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dancehall, skiing, skating, tavern, theater, firearms range and similar uses. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts — Entertainment, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP- 0 BP -I CRD PA PWF D PROS HMU NC Entertainment Commercial recreational N CUP P useslndoor Commercial Recreation Outdoor CU CUP Commercial P Recreation SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance establishes definitions for the use, commercial recreation. The ordinance also establishes the use, indoor commercial recreation as permissible in the Business Park — Industrial, Business Park — Commercial, Business Park — Office, and General Commercial Districts. The Ordinance also establishes the use outdoor commercial recreation, as permissible via conditional use permit within the General Commercial district, Central Business District, and Business Park — Office District. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 2023. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 SjI1vater T H E B I R T H P L A C E O F M INN E S O I A DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: APPEAL: Case No. 2022-73: Design Review for Rambacher Residence (1824 1st St N) BACKGROUND Andrea and Ryan Rambacher has applied for Design Review to construct a new single- family home. The Heritage Preservation Commission reviewed a proposal on October 18, 2022 and recommended a number of adjusments, most notably building height. The Applicant has revised the proposal to reduce overall height to 2.5 stories (as allowed by City Code) through modifications to the roof structure. Furthermore, the Applicant also attempts to relocate the garage, modify the turret roof, and improve the 1st Street facade/entrance as requested by the HPC. On January 18, 2023, the Heritage Preservation Commission granted approval of the design with conditions (4-2 vote). The Heritage Preservation Commission's Approval was conditioned on reducing the 3-stall garage to a 2-stall garage. That said, the Commission did express concern about the scale and mass of the structure and encouraged the Applicant to revise the roofline to a pitched roof with a series of gabled ends. This existing lot of record (original home destroyed by fire in 2013) was created before existing zoning regulations. As such, due to layout, required setbacks and topography of the site, any project will encounter practical difficulties. The HPC did indicate support for minimum necessary variance in order to achieve a reasonable use of the site. ANALYSIS When reviewing the request, the Heritage Preservation Commission considers the following criteria per City Code. • Proposed alterations shall conform to special design guidelines for areas or districts of the city officially adopted by the city council. • Proposed alterations shall conform to the existing primary and secondary structure setbacks and neighborhood street rhythm. • The height, scale, mass and proportion of the proposed alterations, including facade openings and roof style, shall be compatible with the site and its surroundings. • Proposed alterations shall have four-sided detailing and materials. • The location, height and material of walls, fences, hedges, trees and screen plantings shall ensure compatibility with adjacent development and the environment and conceal areas, utility installations and other unsightly development. • The HPC may include conditions in its decisions that it deems reasonable and necessary to carry out the intent of this chapter and this section. Upon findings by the HPC that the application, subject to conditions as it deems necessary, will meet the above criteria, secure the purpose of this chapter, the comprehensive plan, and the heritage preservation ordinance, the HPC may approve the design permit. If findings are made that an application would violate the criteria of a design permit, the HPC must deny the application. FINDINGS AND RECOMMENDATIONS City Code requires that the City make the following findings if approving the design of the home. • The proposed building alteration or new construction, including its appurtenances, does not materially impair the architectural or historic integrity of the building and site, adjacent buildings and sites, or the neighborhood as a whole. • If located in a historic district, the proposed building or site alteration or new construction is compatible with, and will ensure continued significance and integrity of all properties within the historic district based on the period(s) of significance under which the district was designated. • Granting the design permit will be in keeping with the spirit and intent of this chapter and does not negatively alter the essential character and significance of the building, site, and its surroundings. To better define scale and mass, the City's Zoning Code and Stillwater Design Guidelines (for the Neighborhood Conservation District) provide regulatory context and guidance. Zoning Code The following regulations apply to the project as minimum requirements as it relates to scale and mass. Standard Requirement Proposed Maximum Building Coverage 25% 24.8% Maximum Stories 2.5 2.5 Maximum Building Height 35 feet Stillwater Design Guidelines — Neighborhood Conservation Overlay District While the Zoning Code provides clear, measurable dimensions, compliance with the Stillwater Design Guidelines can be a bit more difficult to measure and quantify. Broadly speaking, the Design Guidelines talk about design approaches a project should attempt, and also acknowledges that there is no single recipe that will produce compatible new construction in historic districts or areas. Furthermore, the Design Guidelines also clarify that new designs should not duplicate or replicate the exact historic forms and features of surrounding buildings, but rather relate to them. In these instances, the surrounding built environment influences design choices and each situation is different due to its surroundings. A copy of Section 5.14 of the Stillwater Design Guidelines (Residential New Construction) is attached to this report for more detailed background. A reminder that in this situation, the request does not include a request to demolish an existing structure. This is a vacant lot. Had the original structure still be in place, much more emphasis would have been placed on preservation and attempting to avoid demolition. ALTERNATIVES The City Council has the following alternatives to consider. 1. Overturn the Heritage Preservation Commission's Approval with Conditions a. This denies the current design 2. Uphold the Heritage Preservation Commission's Approval with Conditions a. This approves the current design If the City Council is inclined to not approve the current design proposal (uphold the appeal) but wanted to provide additional design guidance as to what may be acceptable, below are a couple of design recommendations that have been suggested with previous review. 1. Change the roof design to a pitched roof with a series of gabled ends (and perhaps true window dormers) 2. Revise the Attached Garage to a Detached Garage 3. Break up the massing of the Willow Street Fagade by articulating the wall face and roof line POTENTIAL MOTION Motion to uphold the Appeal and overturn the Heritage Preservation Commission's Approval with Conditions. -OR- Motion to deny the Appeal and uphold the Heritage Preservation Commission's Approval with Conditions. t ' NI, •r.: Y.. . - ' ; .. ■ ti • , JI YET, St' I 1VVa ter 4ir • : y The Birthplace of Minnesota `? e WILLOW w oco a� STREET Site Location 1824 1st Street North . .t ir. • t .. , f.r ti 0 25 50 100 Feet ipr• .'4 "�4 ' General Site Location k� -�• • ... L r . '� r. • at 4.•� .ray �•i:�' r•, •yi �.,T . ;� • ^`", -� 7 �1g MirilliellIFIESILIMI IUIIuuJlll1"�� .►. e, Ir - t ��-1. t M1 _ . _ _IO!' I - , r 4 .. 44 `! �4rf[" -A-.,.. L'r, I I c Ilr II . SIII'! 1 GARAGE SCREEN PORCH r r,r r.•e, ••°.,. •,e •, •r reu ,r. Qi2+O8f2 C9 MUHLENPOH & ASSOC. The concepts, design, drawings and details shown are the copyrighted 'material of Muhtenpoh & Assoc. No portions may be copied or reproduced without written permission. No warranties are expressed or implied. Final user must verify structural, dimensional, decorative and code compliance. These drawings are for use solely for this project. The Architect is deemed the author and owner of this insirurnent of service and retains all =triton law, statutory and all other rights. MUHLENPOH & ASSOC. 10884 THONE .RD." WOODBURY, MN 55129 OFFICE: (612) 840-4654 HOME: (6112)840-4654. FAX (651) 436-6984 r��LSrVs1•i•0.4�e•••rr•re•••rrr••••.. • •�� i•<•� it i i i•••s•• i i•i ••i i ••i s i ••�•• � •i r•i i •; DECK 2ND FLOOR SUB -TOTAL FIN. SQFT FfN. LOWER LEVEL OTHER VOLUME UNFtN. LOWER LEVEL UNFIN. BONUS ROOM GARAGE SCREEN PORCH r :`•`e%t%• �•o ! <4•i Ps'eYO•'e't'•`: ee �r'J::'i .'i 'r°••r a ••.4°s°e or�!s°•°i s•Peh'• :Yr°•'a • • • •.. MUHLENPOH & ASSOC. The concepts, design, drawings and details shown are the copyrighted 'material of Muhtenpoh & Assoc. No portions may be copied or reproduced without written permission. No warranties are expressed or implied. Final user must verify structural, dimensional, decorative and code compliance. These drawings are for use solely for this project. The Architect is deemed the author and owner of this instrument of service and retains aN common law, statutory and all other rights. HLENPOH & ASSOC. 10884 THONE RD. WOODBURY, MN551'29 OFFICE:. (61.2) 840-4654 HOME:. ' (612 )840.-4654 FAX:. (651 ) 436-6984 BM II a Jr rr Iwo NNW 111111111111111111 inn SUBTOTAL FIN. SQ.FT. FIN. LOWER LEVEL TOTAL FIN. SQ. FT FOYER VOLUME UNFIN. BONUS ROOM SCREEN PORCH 02008 4CW MUHLENPOH & ASSOC. The concepts, design, drawings and ' h, details shown are the copyrighted material of Muhlenpoh & Assoc. No portions may be Copied or reproduced without written permission. No warranties are expressed or implied. Final user must verify structural, dimensional, decorative and code compliance. These drawings are for use solely for this project. The Architect is deemed the author and owner of this instrument tsf service and retains alt common law, and all other rights. 0.0 MUHLENPOH &ASSOC. 10884 THONE RD. WO00BURY, MN 55129 OFFICE: (612) 840-4654 (612)840-4654 (651) 436-6984. SITE PLAN FOR: Ryan Rambacher JOB#ZZ08190C PID#2103020130012 ou 0 TVI EP IETI ITPI • FOUND MONUMENT SET 1 /2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL ELECTRIC PEDESTAL ELECTRIC TRANSFORMER GUY WIRE POWER POLE TELEPHONE PEDESTAL FLARED END SECTION STORM MANHOLE OVERHEAD UTILITY BITUMINOUS SURFACE X DENOTES OFFSET HUB x 985.0 PROPOSED ELEVATIONS 985.0 DIRECTION OF PROP. SURFACE DRAINAGE ♦ 3p� ♦.. PROPOSED CONTOURS X=931.6 EXISTING ELEVATIONS c30 EXISTING CONTOURS EROSION CONTROL MEASURES SF DENOTES SILT FENCE PROPOSED BUILDING ELEVATIONS HOUSE TYPE = WALKOUT GARAGE FLOOR = 802.5 TOP OF FOUNDATION = 802.17 (10' POURED) BASEMENT FLOOR = 792.5 SEE CORNERSTONE LAND SURVEYING, INC SURVEY DATED 5-27-22 FOR ADDITIONAL INFORMATION. CERTIFICATION: 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 age of MINNESOTA. DANIEL L.cFTORMES License. No. 25718 REVISED 3-2-23 12-19-22 rBENCH MARK j TOP NUT HYD. I- - _ [ELev =808.55 1 0 FOUND 1/2" IRON -I cp PIPE MARKED RLS 20595 0.4 E. OF LOT CORNER FOUND 1/2"-__ - IRON PIPE -- MARKED RLS 13774 812.4 SET 1/2" IRON PIPE MARKED C5' RLS 25718 • SILT FENCE 80__ X803.3 Sow 801 O 2 803.8 0 00 X 804\ 8 /0 809.6 SOUTH LINE OF THE NORTH HALF OF LOT I, X810.5 BLOCK 43 » » > PER PLAN X1809.8 PROPOSED AREAS (IN SQ.FT.) HOUSE = 1,867 E. ENT./STEPS SIDEWALK, PARKING PADS = 459 DRIVEWAY/STEPS= 409 WALLS = 100 TOTAL = 2,835 LOT AREA = 7,528 SQ.FT. TOTAL LOT COVERAGE = 37.7% HOUSE COVERAGE = 24.8 PER PLAN WILLQWS - » TW=793.0 BW=785.0 aoo.. 799.6 i(150.00 &LAT) , y I 1 149.14 ♦ ,/� `I 1 1 I WAL UP 2' aft 808 SILT FENCE 40.00 9� \ -iq7 w PROPOSED HOUS TOF=802.17 •0\ BASEMENT FLOOR = 79 X799.8 64.00 01. 802 X 807.3 Cr X807.5 X809.2 75 °4656 CONTRACTOR TO VERIFY ALL BUILDING DIMENSIONS AND BASEMENT WALL HEIGHTS WITH ARCHITECTURAL PLANS PRIOR TO EXCAVATION. IF THERE IS DISCREPANCY PLEASE RECTIFY MATTER BEFORE EXCAVATION. .� I 7g16 g0R1 61 X 805.7 TW=796.0 BW=792.0 803. X : 02.7 » » 793.6TW X 794. X 793.4 TW=785.7 BW=781.7 X 793.3 NORTH 0 20 40 SCALE: 1 INCH = 20 FEET TW=785.7 BW=781.7 SILT FENCE rAifc-1\s' `64 11J PARKING 782.5 X2 PARKING PROJECT LOCATION: 1 824 N. FIRST STREET NORTH STILLWATER, MN 0 �.4 80.0 779.4 � I "1".t GRAVEL -O , I X q2.g 782.6 1 785.6TW / 783.0E 777.8 778.7 -- FOUND 1/2" IRON PIPE MARKED RLS 779.2 13774 779.5 780.8 *780.6 TI I GRAVEL 782.8BW I SET j-----4-TOP OF 7TW WALL 782.4 � I I J I I GRAVEL CL N. FIRST ST. 60' Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan@ cssurvey .net CORNERSTONE ate LANID SURVEYING, INC Tim Gladhill From: ryan.f.rambacher@gmail.com Sent: Wednesday, March 1, 2023 1:56 PM To: Tim Gladhill Cc: Andrea Rambacher Subject: Re: Exterior Materials [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. Lp smart side 4in smooth and architectural shingles. Sent from my iPhone On Mar 1, 2023, at 1:26 PM, Tim Gladhill <tgladhill@ci.stillwater.mn.us> wrote: Hi! Do you have any better sense of what exterior materials will be used? Are you comfortable with 4" wide lap siding (smooth) with shingles, or are you looking for something different? Thanks! <i.mage001.png> Tim Gladhill City of Stillwater Community Development Director 9ladhill@ci.stillwater.mn.us www.ci.stillwater.mn.us https://www.facebook.com/StillwaterMinnesota P: 651-430-8821 Schedule a Meeting: calendly.com/tgladhill i Neighbor Appeal Submittal Received January 27, 2023 January 27, 2023 City of Stillwater Office of the City Clerk 216 North Fourth Street Stillwater, MN 55082 Re: Case No. 2022-73 (1824 1st St N) Appeal of Heritage Preservation Commission Conditional Approval of Design Permit Dear Sir or Madam: We are residents of the Dutchtown neighborhood in Stillwater who live within a few hundred feet of 1824 1st Street North. We come from different backgrounds, are at different stages of our lives, and live in different types of homes. Some of us grew up in Stillwater, while others have lived here less than ten years. Some of us have houses filled with kids, while others enjoy the peace of living alone. Some of our houses were built in the 1840s, while others were built in the 1990s. But we all have one thing in common: a passion for the preservation of the unique historical character of Dutchtown. While between us we have lived in Dutchtown for over 125 years, we warmly welcome new neighbors and enjoy sharing the history of this little corner of Stillwater. We also welcome new development, provided that it complies with the applicable statutes and design guidelines that are enacted to preserve the character of Dutchtown and other historic neighborhoods. Unfortunately, at its January 18, 2023 hearing, the Heritage Preservation Commission conditionally approved the design review submitted for 1824 1st St. N (the "Dutchtown Property") even though the design violated several of the applicable design guidelines. For that reason, we appeal the HPC's decision. Applicable Law Dutchtown is part of the neighborhood conservation overlay district ("NCD"). The NCD was established "to protect and preserve the unique character of Stillwater's residential neighborhoods by regulating new infill development ... within the district." City Code Section 31-405(1). Accordingly, a design permit is required for, among other things, the construction of a new dwelling on a vacant lot. Section 31-405(3)(a). The HPC considers applications for such design permits and may approve, approve with conditions, or deny the issuance of design permits. Section 31-209(3)(b). In determining whether to approve an application for a design permit, the HPC must follow certain standards. Relevant to this case, (i) the proposed alterations must conform to special design guidelines adopted by the City Council; (ii) the proposed alterations must conform to the "neighborhood street rhythm"; and (iii) the height, scale, mass, and proportion of the proposed alterations, including roof style, must be compatible with the site and its surroundings. Section 31- 209(4). The "special design guidelines" are set forth in the Stillwater Design Guidelines Manual, namely the Neighborhood Conservation Overlay District (NCD) Design Guidelines ("NCD Guidelines"), which are found at pages 57-65 of the Manual. "Guidelines for new construction projects in the NCD are intended to conserve the character of the buildings and emphasize setback, height, size and scale, massing, and the overall relationship January 27, 2023 Page 2 to the streetscape and neighborhood." The NCD Guidelines also recognize that while Stillwater often is associated with "lumber baron mansions," "many vernacular examples deserve equal attention when evaluating the impact of nearby infill construction." As succinctly put by the NCD guideline authors, "Many of the design guidelines are based on the simple goal of helping a new infill project be a good neighbor to adjacent existing houses and neighborhood." Procedural Background The HPC first reviewed the application for a design permit for the Dutchtown Property at its October 19, 2022 hearing. At that time, the HPC recommended several changes, including building height. The application again was presented to the HPC on January 18, 2023. At the hearing on that date, several of us spoke in opposition to the design permit during the public comment. The discussion among the Commissioners was disjointed and at times confusing. At different points, several Commissioners expressed views that the proposed design, including the mansard roof, was not compatible with the surrounding neighborhood, and several Commissioners mentioned tabling the application to get more information, an action that the Community Development Director seemed to support. But, the direction of the hearing abruptly changed, a motion to approve with conditions was made, and the HPC voted 4-2 in favor. One of the conditions was to reduce the garage from three stalls to two. The applicants also applied for a variance, and their request was scheduled to be presented to the Planning Commission on January 25, 2023. The request, however, was postponed. Bases for Appeal The proposed design must be rejected because it fails to conform to multiple NCD Guidelines as required by Section 31-209(4)(b). Those guidelines signal that the proposed design fails to conform to the neighborhood street rhythm, as required by Section 31-209(4)(c). They also make clear that the height, scale, mass, and proportion of the design, including the roof style, is not compatible with the site and its surroundings, as required by Section 31-209(4)(d). The proposed design fails to comply with several specific NCD Guidelines, including, but not limited to the following: 5.8.1: Massing and scale of a new building should be compatible with neighboring structures. This guideline provides, "The massing and scale of new buildings should follow the predominant pattern of the neighborhood." The massing and scale of the proposed design is well out of proportion with the neighborhood in that it is much larger than the surrounding structures. 5.8.2: Respect the existing rhythm of the streetscape. According to the guidelines, "New infill construction should attempt to maintain existing overall pattern and rhythm of the streetscape." Moreover, "Building massing, scale and orientation, roof forms, porches, building setbacks, garage and driveway locations, and landscaping should be carefully considered because they all contribute to the new structure's compatibility with the existing pattern and rhythm of the streetscape." Perhaps more than any other, this guideline speaks to maintaining the feel of the existing neighborhood, or the "rhythm of the streetscape." And the proposed design perhaps falls the shortest in this regard. Virtually nothing about this January 27, 2023 Page 3 design is compatible with the existing neighborhood. The mass is much larger, the roof form is radically different, the garage and driveway do not fit the normal pattern, to name just a few factors. 5.8.3 Follow alignment and setbacks predominant on the street and adjacent properties. The alignment and setback of the building front "should be carefully planned to ensure integration with the surrounding streetscape." It is not clear at this time what setback variances the applicant seeks. If the proposed setback would vary from the existing houses that share Willow Street, then it would not integrate with the streetscape. 5.8.4: Design new roofs to be compatible with forms of existing roofs in the neighborhood. The guidelines recognize that "the perception of scale, massing and the rhythm of a building is greatly affected by its roof form and height." Further, "although a variety of roof forms may be evident along several blocks, the new building's roof should appear compatible in scale, pitch, orientation and complexity to those surrounding it." The mansard roof of the proposed structure is completely incompatible with those in the neighborhood, which are almost all gabled. This discrepancy was noted by the HPC, but for some reason four of the Commissioners failed to take it into account. 5.9.5: Locate the garage and driveway torespectexisting street and neighborhood patterns. The report to the HPC for the October 19 hearing noted, "When taking into account the rhythm of the streetscape, the predominant garage pattern is a detached garage in the rear yard or an attached garage setback from the front of the primary dwelling." The proposed design features a garage prominently in the front of the home. 5.10.4: In new building design, consider appropriate materials, textures and colors, and their relationship to other buildings of the neighborhood. The plans that we have seen do not provide information regarding materials, textures, and colors. Thus, it is impossible to determine if these aspects of the proposed design comport with other buildings in the neighborhood. January 27, 2023 Page 4 Thank you for hearing and considering our appeal. We look forward to providing you with more information about the history and character of our wonderful Dutchtown neighborhood. Sincerely, 0,06.4UL Melanie Ebertz 1924 1st St N Gr Otsuka 19121st StN Liz Nelson 300 Willow St E John Colburn 224 Willow St E Dan Daimon and Stephanie LeGros 309 Willow St E and Katie Schonecker 1 Willow St E and 1818 1st St N Applicant Revised Materials Revised After January 18, 2023 Heritage Preservation Commission per Approval with Conditions (amend 3-stall garage to 2-stall garage) City of Stillwater City Council 216 4th Street North Stillwater, MN 55082 Letter of Intent for Design Approval Ryan and Andrea Rambacher 1824 1st St N Stillwater, MN 55082 Dear City Council Members, We are requesting a design permit for a new construction family home in the Neighborhood Conservation District, Dutchtown. We have met with the HPC twice and the Planning commission once. Following a preliminary meeting with the HPC and Planning Commission in October 2022 we made the following architectural edits as advised. 1. Stillwater zoning code has a 2 and %2 story maximum for residential homes, our original design was considered 3. We had to consider the following when coming up with a solution to this: maximizing the livable square footage of the 1/2 story for our family, maintain a footprint of less than 25% for lot coverage as required by the city, and minimizing roof peak/height to be sure not to block any of our neighbor's view of the river behind us. The % story is now located in a mansard style roof which achieves all of the concerns and requirements listed above. 2. At the HPC meeting the importance of four-sided architecture was discussed. Based on this discussion we have added windows to the South side of the property and an entrance to the property off of Willow St E as advised. 3. The garage of the home was moved to the back of the home versus the tuck under style as this is the common layout of homes in this area. 4. Lastly, we removed the unique roof battlement details that were on the turret as to not stand out with the surrounding character of other homes. We applied for a design permit on January 18, 2023 with the above edits and we were granted conditional approval pending the following: reducing the 3-stall garage to a 2-stall, details about exterior materials being used, and a neighborhood context study. We were notified January 27, 2023 that an appeal was filed against our conditional approval. Our lot comes with the following challenges: it is small and narrow (approx. 50 ft X 150 ft), the steep topography, and consideration of river views of the homes behind us. When the NCD design guidelines were quoted in the filed appeal the word "must" was inserted in place of the word "should." This is an important distinction to point out because the HPC considers the guidelines in combination with the unique nature of the homeowner's lot on a case -by -case basis. Below each guideline and concern cited in the filed appeal is addressed. 5.8.1: Massing and scale of a new building should be compatible with neighboring structures. It seems that the size of our home was not made clear at our meeting with the HPC. After the reduction of our garage size our home's footprint (home: 1200 + garage: 552) is 1,752 Sq ft. Adding the small overhang at our home's entrance the footprint comes to 1,873 Sq ft. This puts us in the 24th percentile for lot coverage, below the city's requirement of 25%. We used the Washington County website to compile data for our Neighborhood Context Study and found our home to be average in mass and scale and our 2-stall garage to be one of the smallest in the neighborhood. The Neighborhood Context Study visually shows our proposed home is similar in mass and scale of the surrounding structures. 5.8.2: Respect the existing rhythm of the streetscape. In the appeal the mass and scale, roof design, and garage orientation are specifically called out here. These concerns are individually addressed elsewhere as well, so please see 5.8.1 (mass and scale), 5.8.4 (roof design), and 5.8.5 (garage orientation) for explanations and counterpoints. This may be a good place to point out the variety in lot orientation, rhythm, and streetscape along Willow St E and 1st St N. This is difficult to articulate but evident visually in the attached Neighborhood Context Study. There are multiple examples of "one -offs" in design and deviation. For example, the home at 300 Willow St E is two homes side by side, attached with a breezeway, and a tuck under garage built in one of the structures. A beautiful unique design that deviates from the setback garage commonly seen in the area. The home on 301 Willow St E has a circular turret within its roofline and a large garage outside of their property line. This is another example of a variance that has been granted due to lot size on a case -by -case basis. The home at 307 Willow St E has a driveway that goes right to their front door. We have attached a document that provides many examples of architecturally unique homes within Dutchtown. It seems as though a consistent pattern in Dutchtown is the lack of consistency which adds to its unique charm and character. 5.8.3 Following alignment and setbacks predominant on the street and adjacent properties. In the appeal the applicant states, "It is not clear at this time what setbacks and variances the applicant seeks." In our design application we included a letter outlining the setback that we require and a plot map showing the home on the lot. At the public hearing our neighbor requested we honor the 30-foot setback from 1st St N. Our plot map clearly shows the home more than 30 feet back from 1st St N, we also stood up and verbally affirmed that this design honors that setback. The variance that we will be applying for is a 10-foot setback from Willow St E, the HPC is aware of this. Additionally, that variance will be applied for to the Planning Commission for approval. 5.8.4: Design new roofs to be compatible with forms of existing roofs in the neighborhood. Those who filed the appeal would like us to build our home with a gabled roof like the immediate structures. However, they have not been with us in this process since the beginning and were unaware of the reasons for this deviation in design. A gabled roof comes with new set of complications: 1. We lose a significant amount of livable square footage in our attic level resulting in a larger main level to get that square footage back. Our main level would now have significant space that our family does not need and increased costs for finished square feet. 2. The footprint of our home would be greater than the city's %25 coverage requirement resulting in us applying for a variance. This would also increase our home's overall mass and scale. 3. Our roof's peak would be steeper and higher. The river view of our neighbors behind us will be affected which goes against guideline 5.11.2: Consider views from neighboring properties when placing and sizing new building elements. This would cause a new set of neighbors to appeal the updated design. There may not be examples of Mansard roofs in Dutchtown but in our neighboring conservation district, The North Hill, there are numerous. This roof is a beautiful design element that fulfills many considerations for this unique lot and our family home. The HPC did acknowledge this deviation but by reviewing the design on a "case by case" basis the majority voted in favor of the home's overall design. 5.9.5: Locate the garage and driveway to respect existing street and neighborhood patterns. Our garage and driveway are keeping with the neighborhood pattern: located in the rear of our yard and setback from the primary dwelling. During the last HPC meeting, the Willow St view of our home was shown up on the screen. I think this caused some confusion that this was the front of our home, however, the front of our home is 1st St N. We actually removed the tuck under the garage from the first design to comply with this guideline. 5.10.4: In new building design consider appropriate materials, textures and colors, and their relationship to other buildings in the neighborhood. We have a meeting scheduled to finalize exterior materials for design. We were awaiting design approval prior to diving deeper into the building process. We will have final selections for the HPC to review per their conditional approval. A couple of the concerns in the submitted appeal were simply due to a lack of information. Many of these details were included in the HPC's review but not included in the information that the city sent out to neighbors. We sent letters to our neighbors introducing our family and clarifying those inaccuracies (see attached letters). Our hope was to mitigate concerns prior to this appeal date. We started designing our home about a year ago. Our original dream home has gone through several revisions and edits per the HPC's guidance. I hope that the City Council recognizes that we have made every effort to take into account their feedback and advice. I hope that we have finally come to a compromise over the last four months of working with the city to move forward with building our family's home. Sincerely, Ryan and Andrea Rambacher During the HPC meeting on January 18, 2023 some neighbors spoke to the character of Dutchtown. One of the descriptions included: "It was not an area of town that had wealthier homes mixed with lower income homes. It was really the wrong side of the tracks." Dutchtown is a "Shanty community." We spent a lot of time walking and driving around Dutchtown and found a variety of home sizes and architectural elements. If this topic comes up again, we wanted to provide examples of homes that deviate from this "shanty style." The homes below are sprinkled through Dutchtown and intermingled with many smaller homes as well. There are many more than we have included but we hope below there are enough examples to show the variety of Dutchtown. 101 Lakeside Dr 1921 1st St N Lakeside Dr Lakeside Dr 222 Hazel St E St Croix Tr N P.- 1st St N Ridgelane Dr -> C 1 realtor.com/realestateandhomes-detail/1907-4th-St-N_Stiiiwater_MN_55082 M83694-50298 Neighborhood Footprints Largest to Smallest: Data below was estimated using measurement tools on the Washington County website: maps.co.washington.mn.us. The visual representation is provided in another attachment. 1801 2nd St N Footprint Home + Garage = 3,219 1817 2nd St N Footprint Home + Garage: 3,060 Sq ft 222 Hazel St E: Footprint Home: 1,208 Sq ft Garage: 866 Sq ft Outbuilding: 725 Sq ft = 2,799 Sq ft 1905 2nd St N Footprint: Home approx. 1,635 Sq ft Garage 975 Sq ft Total: 2,610 Sq ft 1723 2nd St N Footprint Home: 1,947 Sq ft Garage: 576 Sq ft Total 2,523 Sq ft 301 Willow St E Footprint home: 1200 Sq ft Garage: 1298 Sq ft Total 2,498 Sq ft. 1924 1st St N Footprint Home: 1,526 Garage: 583 Sq ft Outbuilding: 304 Sq ft Total: 2,413 Sq ft 1901 2nd St Footprint Home: 1,357 Sq ft Garage: 975 Sq ft Total: 2,332 Sq ft 1911 1st St N Footprint Home + Garage: 2,211 Sq ft 1912 1st St N: Footprint Home: 1,576 Sq ft Garage: 616 Sq ft: 2,192 300 Willow St E: Footprint: Home + Garage 1,931 Sq ft Outbuilding: 151 Sq ft Total: 2,082 Sq ft 224 Willow St E: Footprint Home: 1,377 Sq ft Garage: 699 Sq ft Total: 2,076 Sq ft 1818 Broadway St N: Footprint home: 1,436 Sg ft Garage: 598 Sq ft = 2,034 Sq ft 309 Willow St E: Footprint Home: 1,136 Sq Ft Garage: 763 Sq ft Total: 1,899 Sq ft 1824 1st St N: Footprint (home and garage): 1,752 Sq ft +overhang = 1,873 Sq ft 1030 LECUYER DR Footprint Home: 635 Sq ft Garage: 809 Sq ft = 1,444 Sq ft 1908 1st St N: Footprint Home: 826 Sq ft Garage: 320 Sq ft Total: 1,146 307 Willow St E: Footprint Home 989 Sq ft 1030 LECUYER DR Footprint Home: 635 Sq ft Garage: 809 Sq ft = 1,444 Sq ft 1917 2nd St N Footprint home: 1,327 Sq ft Garage: 210 Sq ft = 1,537 Sq ft Washingtonty Property Pro e Viewer cc,u • • :- ■■ Search I y Parcel ID or Add DCC 586654 125 1 60ft Z 1- 0 Z i cs41 �7 pmm- 1813 I 1 1 1•11- 41 0 WILLOW ST E ni Washington Property Viewer " w Search by Parcel ID or Add Ct, AL Dear Mr & Mrs Schonecker, My name is Andrea Rambacher, my husband and I are currently working towards building a new home for our family on 1824 1st St N. We wanted to take a moment and introduce our family. I am currently working part time as a pharmacist in our community at Lakeview Hospital. I enjoy spending the rest of my time taking care of our family and our home. My husband Ryan is an advisor who is also fortunate to work downtown Stillwater. We have lived in Stillwater for six years and are originally from White Bear Lake and Hastings. We have two children: Our daughter Zoe is 10 years old and our son Carter is 8. Our daughter spends most of her time at gymnastics so don't be surprised when you see her flipping through the neighborhood. Our son Carter loves nature, Pokemon, and crafting. He loves to chat, if he corners you, he will talk your ear off. We are very excited for our move to Dutchtown Stillwater! After our recent meeting with the HPC we have agreed to make the recommended reduction in garage size as well as some reductions elsewhere to further reduce our home's footprint. We realize that the sketch of our home on a white piece of paper gives a skewed perspective so I wanted to clear up some details. The footprint of our home and garage is now approximately 1,752 square feet. This is a pretty common number that we are finding in the surrounding area. There are homes that have both a smaller and larger footprint as well. I also wanted to clarify that our address is 1st St N not Willow St E. Our garage is located behind the front of our home which is keeping with the pattern of the area. During the HPC meeting they had the Willow view of the home on scree most of the time so it gave the impression that it was the front of our home, it's not. The last concern was our choice in roof, this was not our original roof of choice. The other complication of our lot is the hill. What would normally be a 2-story home with a walkout basement is now oriented in a way that the city deems it 3 stories (even though the basement is mostly buried into the hill). We were advised at previous meetings to turn the top level into a half story as allowed by the city of Stillwater. We had to come up with a solution that maximized square footage so we didn't have to make the main level any larger. Additionally, we had to minimize the roof's peak so it would not block the river view of our neighbors behind us. At our last meeting you explained that your concern was for our home maintaining the 30-foot setback from 1st St N. Let me assure you that our home will honor that setback. In the past you have made attempts to adjust your lot at 1818 1st St with our lot resulting in 1 St N being vacated. My husband spoke with you multiple times about this plan but an agreement could not be made. I was never interested in this lot swap especially after the neighbors behind us spoke up against it due to concerns of the resulting home blocking their view. I love our lot as it is, we purchased this lot because we would need to build a cozier family home. We do not want anyone to feel upset or uncomfortable as we navigate through this process. We are thrilled to be moving into the neighborhood and we are looking forward to getting to know our neighbors. Sincerely, Andrea, Ryan, Zoe, and Carter Additional Public Comment Received after Appeal Submittal and part of Public Hearing Process March 1, 2023 Melanie Ebertz 1924 1st St N Dear Stillwater City Council, If you appreciate the history of Stillwater, we invite you to learn more about `Dutchtown' a neighborhood founded in 1854 on the North Hill, it was it's own village until the 50's, complete with a school, store, brewery & other business's. If you walk or bike the Browns Creek Trail north of downtown, you cut through the lower section of Dutchtown. From the middle of the trail bridge over 95 , look West up Willow St, 'The most charming street in Stillwater' There has been a lot of rich history documented about Dutchtown by Historian Don Empson & others. The area of town was mostly inhabited by mill workers in small shanty style homes. Thanks to the Browns Creek trail, Dutchtown is being discovered! Last year two homes in this unique part of town were on the Stillwater Architecture Tour Fundraiser, this year there will be three! Many residents in Dutchtown who have worked to preserve what is left of this unique character are concerned about a new building project that would forever erase what is left of a nod to this significant past on Willow St. It would be dominated by a large scale mansard roofed house with a turret for a river view and an attached garage running a long length of Willow St, all this being proposed for the hilly little narrow road of modest sized gabled roof houses. We welcome a new home in the area, there's been an empty hole left behind due to an unfortunate fire some years ago. However, this house design is all wrong for this street. A gable roofed house is a logical requirement as implied in the city charter, for fitting into the character of Willow. There was much confusion at the January HPC meeting.If you watch the video, or read the notes from the meeting, it was dominated by concern for mass & roof style and fitting into the rhythm of the old narrow street. Frequently the `Mondrian' house built in 1993 ( large modern concrete structure) on Hazel & Browns Creek crossing is used by the city planners and HPC as an example as to why the preservation of Dutchtown may not be warranted. The history of the area was overlooked until the late 90's when the comprehensive study commissioned by the city and Historical Society was done. Thanks to the Mondrian build at a time when guidelines were vague, we now have them! If the the Mansard build is approved, Dutchtown preservation has nothing left to stand on. The January HPC meeting went from what appeared to be a table, to a vote. One concerned neighbor left the meeting understanding it was tabled...very confusing indeed. Please watch the video, it's very informative. A show of your preservation support for Dutchtown is a show of support for Stillwater's history. We care as much about the historical preservation of the South Hill as we hope you care as much about the Historical Preservation of the North Hill. Dutchtown History informs future generations. The NCD was established "to protect and preserve the unique character of Stillwater's residential neighborhoods by regulating new infill development within the district. In determining whether to approve an application for a design permit, the HPC must follow certain standards. The proposed alterations must conform to the "neighborhood street rhythm"; and the height, scale, mass, and proportion of the proposed alterations, including roof style, must be compatible with the site and its surroundings. Guidelines for new construction projects in the NCD are intended to conserve the character of the buildings and emphasize setback, height, size and scale, massing, and the overall relationship to the streetscape and neighborhood." The NCD Guidelines also recognize that while Stillwater often is associated with "lumber baron mansions," "many vernacular examples deserve equal attention when evaluating the impact of nearby infill construction." As succinctly put by the NCD guideline authors, "Many of the design guidelines are based on the simple goal of helping a new infill project be a good neighbor to adjacent existing houses and neighborhood." Willow Street The Large Mansard roofed house would fill the space next to the yellow house, overshadowing this rich and significant history Li1st & Hazel St Last example of an 1860's farmstead Schulenburg Alley The Mansard Roofed house proposed for 1824 1st St N with large mass facing Willow St Charlottenbura 1870 Later renamed Dutchtown My name is Donald Empson; I curently live at 7014 24th St. N. in Oakdale. But my heart is in Stillwater where I lived for close to 30 years. Beginning in 1998, I did a series of 10 one-year contracts for the Heritage Preservation Commission. These contracts were funded by the National Park Service administered through the Minnesota Historical Society. I received these contracts because I am a certified principal investigator under the rules of the Department of the Interior. That qualifies me as an expert in matters of historic preservation. One of the contracts with the HPC was to suggest ways in which Stillwater could preserve and protect its historic neighborhoods and houses. One of my suggestions was the Heirloom and Landmark Homes program in which houses with historic integrity were featured on the city web site. Another of my suggestions —which has been implemented by the city —was the designation of the Neighborhood Conservation District. What I envisioned in coming up with that idea was that the program would preserve the integrity of the old homes in Stillwater, as well as preserving the streetscape by making new homes and remodels fit in with the existing view of the street. No modern ranch style homes sandwiched between two Victorians. I think that concept has been enshrined in the ordinance. Seven of these one-year contracts with the HPC were neighborhood surveys, or histories as I wrote them. The first history I did was that of Dutchtown. I made that the first of my histories because I was concerned that new development could destroy the unique charm of Dutchtown. The house that is being proposed is completely out of order in every way. It's style would be considered French Second Empire with its mansard roof and hooded windows. There are four or five historic homes of this style in Stillwater, but never anywhere near Dutchtown. The size of the house is way out of scope: this is like putting a hotel between two Dairy Queens. o •1 rh. • • vy • • f • •y .-`... 4.. Y •Mr` .k. y1/ • •• Yy' •!i:•Y r ,>"...;:�. > :*�+�1tK r• ti RAP.d^7. • V y�5;i:0, eon jr`'.w •.t`. • v w`f- :t. •try ( W.y'�• ♦: � •}. • . II.NSF '' • •� •+��� '�. V. r v rR . }.♦rev r r ti• , I. Off•' 4 /. I _ •J^ Ir, •' i "t._�1.• 6v . .OYt•1Cr- y i♦�F • • rr. i• Secontd Charlottenburg 1870 The Dutchtown House This is a drawing of the typical Dutchtown house, many of which must have been constructed by the Mill to house its workers. Sitting broadside to the road, these houses had two rooms downstairs, divided by a center wall which contained the chimney and stove. One room would have been used for cooking and eating; the other for living and sleeping. Upstairs there was a loft used for sleeping and, when necessary, as a guest room. The earliest houses probably had walls with rough sheathing and clay chinked into the cracks. In every case, the front of the house is exactly symmetrical, with the door in the center, and a window an equal distance on both sides of the door. 1 Tim Gladhill From: Don Empson <> Sent: Friday, February 24, 2023 3:32 PMTim Gladhill To: Contingent Approval Appeal (1821 1st St N - Rambacher) Subject: Front view Alley jpg; Sideview across st.jpg; Superimposed.jpg Attachments: [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. Hi Tim, Can you add the attached to show in the Council Chambers (and include in the packet?) for the appeal. Thanks. Will you confirm you received them, please. Donald Empson Oakdale, MN 55128 i Tim Gladhill From: Jon Mielke (mw) <> Sent: Tuesday, February 14, 2023 9:33 AM To: Planning Dept Subject: Rambacher's New Home Plans [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. Hi, I live on South Hill and know the Rambacher family well. I'm aware they've been working closely with the board to build a beautiful home that not only meets the requirements of the city of Stillwater, but their own expectations as well. And I'm aware, several times, they have revised their home plans as well as their own expectations to accommodate for feedback they received from both the city and current residents in Dutch Town, which they've taken very seriously. Also, I know there is a group of individuals in the Dutch Town area who are doing everything in their power to discourage the city from approving the Rambacher's home plans. These residents have been showing up to board meetings to discourage and intimidate the Rambacher family from building their dream home. As well as spreading misinformation online. This is not the Stillwater I know. The Stillwater I know is a great community with some of the kindest and most beautiful humans I've ever met. A community that my family and I have lived in for years and plan to raise our family in. I would be very disappointed to see this type of behavior from the Dutch Town residents prevail and derail the city of Stillwater from doing the right thing and approving the Rambacher's home plans as quickly as possible. Thank you, Jon Mielke Executive Producer Martin Williams This email is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution, or copying of this email or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this email in error, please notify the sender immediately. 1 Homes of Dutchtown Willow Street Focus Consideration of an appeal to a new home design permit approval March 7, 2023 City Council Meeting Purpose This presentation offers a look at the housing landscape scale and design of Willow Street in the historic Dutchtown neighborhood of Stillwater; a landscape which contrast greatly with the scale and design of the home proposed to be built on the vacant lot at 1824 1 St Street N. It is the wish of Willow and 1st Street long- term residents that the City Council members consider the dramatic impact of the proposed build on the existing historic nature of this humble, working-class neighborhood, where residents have worked diligently over the years to protect and preserve the historic character of the charming laborer homes that line Willow Street East and 1st Street North. 1 ir 2023 Homes of Dutchtown — Willow Street Focus 2 ILLWATER HISTORIC DISTRICTS NCD The Stillwater Neighborhood Conservation District (NCD) has been established to help protect and preserve the unique character of Stillwater's residential neighborhoods by providing Design Guidelines for new infill development within the NCD. Its purpose is conserving the traditional neighborhood fabric, guide future infill development within the district, and discourage unnecessary demolition of structures that contribute to the districts historic character. The NCD only applies to new construction and does not apply to exterior alterations of existing structures. 20XX Homes of Dutchtown — Willow Street Focus 3 Ivey Considerations o Consideration of an appeal to a New Home Design Permit approval. o Neighbors of Dutchtown and specifically residents of Willow and 1st Street N are appealing t the HPC approval to allow the construction of a new home at 1824 1st St N o We welcome the building of a new home if it fits the scale (appropriate size for a single lot 50x100 ft) and style of Dutchtown consistent with the Neighborhood Conservation Overlay District guidelines. o The NCD was established "to protect and preserve the unique character of Stillwater's residential neighborhoods by regulating new infill development within the district. In determining whether to approve an application for a design permit, the HPC must follow certain standards. o The proposed alterations must conform to the "neighborhood street rhythm"; and the height, scale, mass, and proportion of the proposed alterations, including roof style, must be compatible with the site and its surroundings. "Guidelines for new construction projects in the NCD are intended to conserve the character of the buildings and emphasize setback, height, size and scale, massing, and the overall relationship to the streetscape and neighborhood." The NCD Guidelines also recognize that while Stillwater often is associated with "lumber baron mansions," "many vernacular examples deserve equal attention when evaluating the impact of nearby infill construction." o There is also concern about City Planning approval of exceptions to the variance and set back rules that will be required to move forward with this build. o It is the hope of the neighborhood that a new design can be achieved that better matches the neighborhood street and rhythm in accordance with the NCD. 2023 Homes of Dutchtown — Willow Street Focus 4 Average square footprint of Willow and 1st street N homes 1901 2nd Street Willow & 2nd 224 Willow St E 301 Willow St E 1818 1st St N Footprint Square Feet 900 988 870 Total Square Feet 1400 1583 1984 Stories 1.5 1.5 2 800 800 1 Garage/Lot DBL — detached Single Lot DBL — detached Single Lot DBL —detached Single Lot No garage Single Lot 2023 Homes of Dutchtown — Willow Street Focus 5 Average square footprint of Willow and 1st street N homes 300 Willow St E 307 Willow St E 309 Willow St E 1924 1st St N Footprint Square Feet 1373 800 900 843 Total Square Feet 2297 1400 1700 1678 Stories 1.5 1.5 1.5 1.5 Garage/Lot Single Stall attached Double Lot None Single Lot None Single Lot Single Stall detached Single Lot 2023 Homes of Dutchtown — Willow Street Focus 6 Average square footprint of Willow and 1st street N homes 1908 1st St N 1912 1st St N 1824 1st St N Footprint Square Feet 850 1670 1752 Total Square Feet 1450 3087 Approx 4380 Stories 1.5 1.5 2.5 Garage/Lot None Single Lot DBL — detached Double Lot DBL — attached SINGLE LOT 2023 Homes of Dutchtown — Willow Street Focus 7 Willow street View View of Willow Street from Browns Creek Trail Overpass on Broadway • Willow Street is steep and narrow and no house on either side exceeds 2300 square feet. Most homes are 1.5 stories and sit on a single lot sized 50 ft x 100 ft. • All homes have pitched roofs and detached garages (except 300 Willow) and are small to modest in scale, mass, and design. • This is a middle -income, working-class neighborhood and no place for large scale, large mass castle -like builds. • Willow Street has heavy traffic in the summer months as residents and tourists alike use the street as a passthrough to avoid downtown traffic. • Located just off the Browns Creek Trail, walkers use Willow Street regularly to cut through and walk the back North Hill neighborhoods to enjoy the quaint, unique charm of the houses that line the street and surrounding neighborhood. • Bikers regularly use Willow Street for training throughout the spring, summer, and fall months. 2023 Homes of Dutchtown — Willow Street Focus 8 Koleen Roach Home 1901 2nd Street North — corner of Willow & 2nd • House faces 2nd, but access to home, mailbox, and garage are situated on Willow Street. Access is available via 2nd street but is rarely used. • House was built in 1889 and moved to lot in 1905 from a farm near Lake McKusick. • Current resident purchased home in 1998. • Home has been maintained much to its original build including historically correct narrow wood slat siding. • Interior of home has been renovated but original 3/4" maple hardwood floors exist in excellent condition throughout the main floor and stairway. • Original floorplan remains intact. • Detached double car garage built in late 1980's. 2023 Homes of Dutchtown — Willow Street Focus 9 John & Jill Colburn Home 224 Willow Street East • Home was built in 1868. • Current resident's purchased home in 2001. • Exterior design remains much the same from the original build; however, the 1960-70's cement -shake exterior siding has been replaced with historically accurate, narrow lap siding. • The interior flooring, trim from the 70's or 80's has been replaced with historically accurate pine plank flooring, wainscoting and trim style. • There have been no changes to the home footprint.. • Double detached car garage. 2023 Homes of Dutchtown — Willow Street Focus 10 Liz Nelson Home 300 Willow Street East • Original homes built on this property in mid 1880's • Renovation completed in 1995. • Current owner purchased home in 2000. • Architecturally designed to fit into the neighborhood with same pitched roof. • Originally there were 7-8 lumber company houses on this property and where the pond is now is a footprint of a house and garage that once occupied this space. • Single stall garage was built in 2001 and the connecting breezeway was added in 2009. w 20XX Homes of Dutchtown — Willow Street Focus Dan Kaimon � Stephanie LeGros Home 309 Willow Street East • Home was built in 1865. • Current resident purchased home in 1997. • Home was boarded up and unlivable, no plumbing, heat or electricity existed. • Spent 5 years restoring the home and added 2 story. • Kept the same footprint plus created an 8x14 area that squared out the house and added a stairwell. • Worked hard to keep the same style and feel of Dutchtown including restoring the original windows, gable roof and reusing wood from the house. • Reclaimed flooring, siding and beams from 1860's house at the corner of 2nd & Willow that was demolished in 1999. • Worked with the City for months to ensure build was in keeping with the design and historic nature of the area. 20XX Homes of Dutchtown — Willow Street Focus 12 Adam & Angeline Gard Home 307 Willow Street East • No further information is available. 20XX Homes of Dutchtown — Willow Street Focus 13 John & Katie Schoenecker Home 301 Willow Street East • Original house was built in 1898. • Current residents purchased the home in 1993. • In 1997, the original home underwent a major renovation, keeping the new build on the existing foundation and focus on new design to reflect the general build and historic nature of the area. • Original home was 1 story, new build is 2 stories. • Garage was built in 2013. 20XX Homes of Dutchtown — Willow Street Focus 14 Katie & John Schoenecker House 2 1818 1" Street N • House was built in 1884. • Continues to present in its original build and design, very little has changed in the footprint over the years. • Currently a rental property. • Single family, 1 store home. No garage. • Located adjacent to proposed new build. • This home is on well and septic, and the mound system is located within feet of the proposed new build • Owners are concerned about financial hardships that may be incurred due to potential compromise of existing retaining wall between the two properties due to the sheer size of the new build. 20XX Homes of Dutchtown — Willow Street Focus 15 Melanie Ebertz House 1924 1 St Street N — Corner of Hazel and 1 St • Home built in 1860 • Current resident purchased home in 1998. • This home is representative of one of the only remaining Dutchtown farmhouses with several of its outbuilding still intact. • Owner tore down the 40's era 2-car garage and built a gabled, one stall building to better fit the era of the home. • Lifted barn and put in a foundation and reroofed and re-hab'd the copulas of 3 outbuildings. • Exterior of home is the traditional narrow lap siding in keeping with the historical nature of the home. 20XX Homes of Dutchtown — Willow Street Focus 16 Dutchtown Homes The houses on this slide represent more examples of traditional Dutchtown laborer houses near Willow Street. 2023 Homes of Dutchtown — Willow Street Focus 17 Rambacher Home For comparison purposes, the renderings of the proposed build are included. This mass, large-scale build is proposed for a single lot of 50x150 ft. and will require several variances to existing set back rules. It is clear this design belongs in an upscale, new development for upper income, large scale mass design homes, not in the quaint, middle -income, middle-class, historical neighborhood of Dutchtown. 7 2023 Homes of Dutchtown — Willow Street Focus 18 summary As citizens of Stillwater and Dutchtown, we rely on the HPC and City Council to protect our historic neighborhood from moving forward with projects such as this that clearly do not meet the NCD requirements. It is important to note that the few larger scale homes in the immediate area of the new build are on double -sized Tots, whereas the new build is on a single -sized lot. The proposed infill build on this lot will permanently alter the neighborhood's street rhythm and unique historical character. There is an opportunity here to make or break this rhythm. Surely, there is a more fitting house that could be built here to improve the uniqueness of this area, rather than taking away from it. We strongly encourage the city council to reject the proposal as it doesn't meet the intent of the NCD. 20XX Homes of Dutchtown — Willow Street Focus 19 thank you Koleen Roach 1901 2nd Street North Corner of Willow and 2nd NOTE: I am unable to tend the City Council Meeting on March 7th, but hope you take the information rovided in this presentation to heart and understand that a new design with duced mass that better fits the personality of the neighborhood is imperative. Tim Gladhill From: Stephanie LeGros <> Sent: Thursday, March 2, 2023 2:15 PM To: Tim Gladhill Subject: Dutchtown letter of appeal [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. Tim, Please forward to the city council in regards to the March 7 meeting. City Council, I am writing in regards to Case No. CD 2022-73 - Consideration of an appeal to a New Home Design Permit approval - Neighbors of Dutch Town are appealing the decision of the HPC of approval to allow the construction of a new home. • We have lived on Willow St E. since 1997. We spent five years restoring our home that was unlivable at the time we bought it. It was boarded up with no plumbing, electricity or heat. • We spent five years restoring the home keeping the historic Dutchtown feel, style and scale. We restored original windows, flooring and kept the gable roof and design of historic Dutchtown. • We worked closely with the City of Stillwater to meet the guidelines. • Dutchtown is an important part of Stillwater history and worth preserving. • Most of the neighbors have worked diligently to improve their homes keeping the historic Dutchtown feel, style and scale. • We are concerned about the new design, style and scale of the proposed home 1824 1st Street N. It does not fit the historic Dutchtown feel, style and scale. • We welcome the building of a new home. We just want it to fit the scale and style of Dutchtown consistent with the Neighborhood Conservation Overlay District guidelines. • If this current design is approved, it will be a domino effect and every new buyer of a house in Dutchtown will have the option to demolish the current home and build a large, modern home. In time, Dutchtown will be erased. • Please be the voice of historic Stillwater and preserve these special places. Regards, Stephanie LeGros 309 Willow St. E, Stillwater, MN 1 March 1, 2023 Melanie Ebertz 1924 1st St N Dear Stillwater City Council, melanie@artandes.com If you appreciate the history of Stillwater, we invite you to learn more about `Dutchtown' a neighborhood founded in 1854 on the North Hill, it was it's own village until the 50's, complete with a school, store, brewery & other business's. If you walk or bike the Browns Creek Trail north of downtown, you cut through the lower section of Dutchtown. From the middle of the trail bridge over 95 , look West up Willow St, 'The most charming street in Stillwater' There has been a lot of rich history documented about Dutchtown by Historian Don Empson & others. The area of town was mostly inhabited by mill workers in small shanty style homes. Thanks to the Browns Creek trail, Dutchtown is being discovered! Last year two homes in this unique part of town were on the Stillwater Architecture Tour Fundraiser, this year there will be three! Many residents in Dutchtown who have worked to preserve what is left of this unique character are concerned about a new building project that would forever erase what is left of a nod to this significant past on Willow St. It would be dominated by a large scale mansard roofed house with a turret for a river view and an attached garage running a long length of Willow St, all this being proposed for the hilly little narrow road of modest sized gabled roof houses. We welcome a new home in the area, there's been an empty hole left behind due to an unfortunate fire some years ago. However, this house design is all wrong for this street. A gable roofed house is a logical requirement as implied in the city charter, for fitting into the character of Willow. There was much confusion at the January HPC meeting.If you watch the video, or read the notes from the meeting, it was dominated by concern for mass & roof style and fitting into the rhythm of the old narrow street. Frequently the `Mondrian' house built in 1993 ( large modern concrete structure) on Hazel & Browns Creek crossing is used by the city planners and HPC as an example as to why the preservation of Dutchtown may not be warranted. The history of the area was overlooked until the late 90's when the comprehensive study commissioned by the city and Historical Society was done. Thanks to the Mondrian build at a time when guidelines were vague, we now have them! If the the Mansard build is approved, Dutchtown preservation has nothing left to stand on. The January HPC meeting went from what appeared to be a table, to a vote. One concerned neighbor left the meeting understanding it was tabled...very confusing indeed. Please watch the video, it's very informative. A show of your preservation support for Dutchtown is a show of support for Stillwater's history. We care as much about the historical preservation of the South Hill as we hope you care as much about the Historical Preservation of the North Hill. Dutchtown History informs future generations. The NCD was established "to protect and preserve the unique character of Stillwater's residential neighborhoods by regulating new infill development within the district. In determining whether to approve an application for a design permit, the HPC must follow certain standards. The proposed alterations must conform to the "neighborhood street rhythm"; and the height, scale, mass, and proportion of the proposed alterations, including roof style, must be compatible with the site and its surroundings. Guidelines for new construction projects in the NCD are intended to conserve the character of the buildings and emphasize setback, height, size and scale, massing, and the overall relationship to the streetscape and neighborhood." The NCD Guidelines also recognize that while Stillwater often is associated with "lumber baron mansions," "many vernacular examples deserve equal attention when evaluating the impact of nearby infill construction." As succinctly put by the NCD guideline authors, "Many of the design guidelines are based on the simple goal of helping a new infill project be a good neighbor to adjacent existing houses and neighborhood." Willow Street The Large Mansard roofed house would fill the space next to the yellow house, overshadowing this rich and significant history Li1st & Hazel St Last example of an 1860's farmstead Schulenburg Alley The Mansard Roofed house proposed for 1824 1st St N with large mass facing Willow St Charlottenbura 1870 Later renamed Dutchtown Tanya Holmgren From: Dan Kalmon <DKalmon@mwmo.org> Sent: Thursday, March 2, 2023 10:58 PM To: Planning Dept Cc: Gregory Otsuka; Liz Nelson; john@balsampoint.com; Melanie Ebertz; Stephanie LeGros; Katie Schoenecker Subject: REF: CD 2022-73 Appeal - Public Hearing: March 7, 7:00 p.m. Meeting - Open Letter to the City Council Importance: High [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. Hello, I am submitting my letter of appeal for public hearing portion of the City Council Meeting on March 7. This letter is requesting the City Council to take actions that maintain the character, scale, and affordability of Dutchtown's housing stock. Please print and distribute to the City Council members accordingly. With the exception of a few lots, the character, scale, and affordability of Dutchtown's housing stock has remained close to its working class roots. The following excerpts from Chapter 4: Housing in Stillwater's 2040 Comprehensive Plan stress the need for the city to not displace this affordable housing stock in neighborhoods of naturally occurring affordable housing. Goals and Objectives Section: "Goal2: Provide a balanced choice of housing types and densities suitable to a wide range of demographic groups, with a focus on life cycle housing"... 'Goal 2; Objective 6.• Review affordable housing needs and develop a method of better matching needs to supply." Housing Assessment Section: The analysis of existing conditions and the community engagement process identified the following housing needs in Stillwater: Expanding housing affordability - While Stillwater is more affordable than some surrounding communities. there still is almost a quarter of the population that is experiencing housing cost burdens. The City needs to continue to support and partner on affordable projects. i Maintaining existing housing stock - With its aging housing stock, it is important that the City supports maintenance and rein vestment efforts. This can be particularly important in neighborhoods of naturally occurring affordable housing. The background below illustrates the affordability of past and current housing stock in Dutchtown and the ongoing value it provides for the City in attaining its 2040 comprehensive Plan affordable housing goals. Below is an overview of the house that existed on the infill Parcel 1824 1st St North Some of the housing stock in Dutchtown would likely meet 30% of area median income (AMI). There is only 4% of this type of housing available in Stillwater. The majority of housing stock in Dutchtown is affordable between 30% and 80% AMI. Table 4.8: Low-income Households and Levels of Affordability for Home Ownership (Source: U.S. Department of Housing and Urban Development & Met Council) 30% of 50% of 80% of AMI AMl AMI Affordable purchase price (2017) $85,000 $151,500 $236,000 Affordable purchase price (2016) $85,500 $153,500 $243,500 Dutchtown Area Estimated Market Value (from the 2040 Plan) Owner -Occupied Housing Estimated Market Value, 2016 $243,500 or Less $243,501 to $350.000 • $350,001 to $450,000 • Over $450,000 This photo of the original house following the fire it provides an idea of the architecture and scale of the original home on the site, which fit the historic character of Dutchtown. 2 Address: 1824 1ST ST N PIN: 21.030.20.13.0012 Owner: RAMBACHER ANDREA L & RYAN F Class: Residential The information below from the Washington County tax assessment site clearly demonstrates the affordability of the home. Prior to the fire it would have been between 30% to 50% of Stillwater's area median income. With a 2016 estimated value of $132,000 based on a comparable size historic Dutchtown on the same street. Property Address: 1824 1ST ST N STILLWATER, MN 55082 MAPS Class: RESIDENTIAL Legal Description: N 1/2 OF LOT 1 043 CARLI & SCHULENBURG'S ADD 3RD WART) SUBDIVISIONNAME CARLI AND SCHULENSURG'S ADD TO STILLWATER LOT 1 BLOCK 43 SUBDIVISIONCD 09270 Prior Year Value Information Year Land Value Dwelling Value Total Value 2022 2021 More Years.,. 2020 2019 2018 2017 2016 2015 2014 2013 $145,200 $115,000 S 100,000 $100,000 S95,000 S80,000 $70,000 S75,000 5 70.000 $50,000 50 50 50 $600 $600 $500 $500 $500 52,500 547,800 $145,200 $115,000 $100,000 $100,600 $95,600 $80,500 $70,500 $75,500 $72,500 S97,800 I A comparable size home and lot on the same street in 2016 was between 30% to 50% of Stillwater's area median income (a taxable value of $126,400). 2016 2015 2014 2013 $65,000 $70,000 S65,000 $44,200 $61,400 $58,200 $57,600 $47,600 If the City continues to allow lots to be overbuilt and replaced by significantly larger and more expensive housing stock, then the history and story of Dutchtown will be lost to gentrification and Stillwater will have missed its opportunity to meet life cycle housing goals in neighborhoods of naturally occurring affordable housing. I'm requesting the City Council to take actions that maintain the character, scale, and affordability of Dutchtown's housing stock. This little neighborhood on the Northside is trying to do its part in preserving the economic and cultural diversity that makes Stillwater a unique historic river -town community. My hope is the City Council and residents of Stillwater value neighborhoods like Dutchtown as much as we do. 3 Sincerely, Daniel Kalmon Stillwater Homeowner 309 Willow St E 4 Stillwater MN Climate Action Plan Larry Odebrecht City of Stillwater 3/2/2023 Table of Contents Introduction 2 Letter from Stillwater City Council 2 Phase 1: Defining the Problem 3 Purpose of the Climate Action Plan 3 Example of the City's Commitment to the Environment: Riverfront Stabilization Project 4 Importance of Reducing Greenhouse Gas Emissions 5 Phase 2: Measuring the Problem Emissions Inventory 6 Gathering Data on the City's Emissions 7 Phase 3: Analysis of the Stillwater's Climate Posture 11 Phase 4: Plan for Improvement 12 Challenges to Implementation 12 Additional Information 14 Community Involvement: Climate Action Committee 14 Community Engagement: Communications 15 Partnership with Xcel Energy Partners in Energy 16 Funding and Implementation 17 Conclusion 18 STILLWATER MN - CLIMATE ACTION PLAN I PAGE 11 Introduction Letter from Stillwater City Council Residents of Stillwater, As the Stillwater City Council and fellow residents, we are proud to present to you our Climate Action Plan, which has been developed with the goal of reducing the negative impact of climate change on our city and its people. Climate change stories are becoming increasingly prevalent in the news, and we are seeingthe effects of this phenomenon right here in Stillwater. From extreme temperatures to disrupted systems, the cost of inaction is simply too high. We recognize the importance of addressing this issue and have made it one of our priorities to create a plan that will not only mitigate the effects of greenhouse gas emissions but also help our community become more resilient in the face of a changing climate. This plan includes strategies for reducing emissions and preparing for a changing climate, and we are excited to work with various citizen groups, such as Sustainable Stillwater, on future versions of this "living" document. In addition to the plans and strategies outlined in our Climate Action Plan, we understand that this is just the beginning of our journey towards a more sustainable future. Our process will be iterative and focused on continuously improving our efforts. We will define the problem, measure the issue, analyze the data we collect, and work towards finding solutions. This first -generation Climate Action Plan is just the starting point, and we view it as a "living document" that will be updated and improved as we continue to work with various This Photo by Unknown Author is licensed under CC BY -SA community partners, such as Sustainable Stillwater, and gather more information. We acknowledge that there will be budgetary pressures and that achieving many of our goals will require state and federal funding. However, we are committed to leading the charge in the fight against climate change and doing our part to ensure a sustainable future for Stillwater and its residents. Inaction on climate change is no longer an option. We, as the Stillwater City Council, are committed to leading the charge in the fight against climate change and doing our part to ensure a sustainable future for our city and its residents. As stated by the Environmental Protection Agency, "Climate change is one of the greatest environmental challenges of our time. It is a global problem that requires a global solution." We believe that it is our responsibility to act on this issue and make a positive impact on the environment for future generations. From the Climate Action Plan of the State of California: STILLWATER MN - CLIMATE ACTION 'PAGE G E 12 "The impacts of climate change are already being felt across California. The state is experiencing more frequent and severe heat waves, droughts, wildfires, and flooding, which are affecting our communities, public health, and the environment. Taking action to reduce greenhouse gas emissions and build resilience to the impacts of climate change is critical to protecting the health and well-being of California's people and communities." As a proud river town with a water in our past, water in our future, and water in our name believe that this message applies not only to California, but to Stillwater as well. We must act now to reduce our emissions and build resilience to the impacts of climate change. Sincerely, The Stillwater City Council Phase 1: Defining the Problem Purpose of the Climate Action Plan Stillwater is a picturesque city located along the St Croix River and nestled near the St Croix National Scenic Riverway to the north. With a rich history and a strong community spirit, Stillwater is home to a diverse group of residents who are proud to call this city their home. With a focus on sustainability, the residents of Stillwater have already made significant strides in improving the quality of life for all who live here. However, the effects of climate change are becoming increasingly evident, and the need for action has never been more pressing. Extreme temperatures and heavy precipitation events are already affecting the state of Minnesota, and the time has come for cities like Stillwater to take concrete steps to mitigate their contribution to this global problem. The journey towards sustainability is an ongoing process that requires constant attention and improvement. That's why, in addition to the comprehensive Climate Action Plan, we plan to continuously assess and enhance our efforts to address climate change. Our approach will be systematic, starting with the identification of the problem, closely monitoring the situation, analyzing the data collected, and seeking solutions that will have the greatest impact. This Climate Action Plan is not a static document but rather a dynamic one that will evolve over time as we work closely with local organizations, such as Sustainable Stillwater, and gather more information. Despite the financial challenges that lie ahead, we are resolute in our commitment to tackling climate change and ensuring a sustainable future for the residents of Stillwater. Federal and state support will undoubtedly play a This Photo by Unknown Author is licensed underST BY-SA-Nc STILLWATER MN - CLIMATE ACTION PLAN IPAGE 13 critical role in achieving many of our goals, and we will be proactive in seeking out funding to support our efforts. To that end, Stillwater's citizens and stakeholders will find this document broken into parts. We do not intend to "big bang" our approach but rather start with what we know and then work with our residents, partners like Xcel Energy's Partners in Energy Program (supporting our Energy Efforts), and an envisioned Climate Action Committee to build our plan and seek state and federal dollars where they exist. The document is ordered this way, to allow for it to continue to live. This Photo by Unknown Author is licensed under CC BY -NC The Climate Action Plan provides a comprehensive approach to addressing climate change in Stillwater and in the surrounding communities. The plan outlines priorities, strategies, and actions that will not only help to reduce Stillwater's carbon footprint but will also prepare the city for the unavoidable impacts of a changing climate. By working together, the residents of Stillwater can create a more sustainable future for all, while also improving the economic, physical, and environmental health of the community. The Climate Action Plan also takes equity into consideration, ensuring that the most vulnerable residents are protected and given the resources they need to thrive. With this comprehensive plan in place, Stillwater is poised to become a leader in the fight against climate change and a model for other cities to follow. The St. Croix River played an important role in the development of Stillwater, as it provided the transportation necessary to move the lumber from the surrounding forests to the markets in the east. Today, Stillwater is a vibrant city that is proud of its natural resources and heritage. The St. Croix River continues to be a source of recreation and beautyfor the community, and the City Council is committed to being a good steward of this precious resource. In line with this commitment, the Stillwater City Council has taken a proactive approach to addressing the challenge of climate change. The Council recognizes the importance of reducing greenhouse gas emissions and increasing the resilience of the community to the impacts of a changing climate. This Climate Action Plan is the first step in a multi -step process to address these challenges. The City Council is committed to working closely with community partners, including local organizations and residents, to develop a comprehensive and effective plan to address climate change in Stillwater. This plan is just the beginning, and the Council is eager to continue working with the community to develop and implement additional strategies that will help ensure a sustainable future for Stillwater. Example of the City's Commitment to the Environment: Riverfront Stabilization Project The St. Croix Riverwalk and Stabilization Project was an ambitious undertaking by the City of Stillwater, Washington County, Minnesota. The aim was to tackle the issue of shoreline instability while also STILLWATER MN - CLIMATE ACTION 'PAGE G E 14 addressing the congestion problem caused by the increasing number of pedestrians, cyclists, and vehicular traffic in the area. The project was completed recently and was a testament to the city's commitment to sustainability and improving the quality of life for its residents. The project covered a three-quarters of a mile stretch of riverbank, extending from the southern boundary of the city to the southern edge of the Army Corps of Engineers floodwall at Nelson Street E. The eastern boundary of the project was the St. Croix River, and the western boundary was the St. Croix River Crossing Lower Loop Trail. The project area was selected due to its proximity to the city and its high pedestrian traffic, making it an ideal location for a riverbank restoration project. The work involved the installation of riprap fill and vegetation along the length of the shoreline and the construction of a 10-foot-wide concrete walkway. The existing shoreline trees and vegetation were removed and replaced with new trees and vegetation, and a new wall was built in front of the Dock Cafe at the northern end of the project area. At the southern end, three steel H-pile and concrete overlook platforms were constructed and were accessible from the Lower Loop Trail via a new walkway. The city was able to complete the St. Croix Riverwalk and Stabilization Project successfully. The project has created a safer, more sustainable, and more beautiful riverbank area for residents and visitors to enjoy. The new walkway and overlook platforms provide stunning views of the St. Croix River and serve as a reminder of the city's commitment to preserving its natural beauty. In conclusion, the St. Croix Riverwalk and Stabilization Project was an important project that showcased the City of Stillwater's dedication to sustainability and improving the quality of life for its residents. The project serves as a testament to the city's commitment to preserving its natural beauty and improving the environment for future generations. As the city moves forward with its commitment to the environment, it is looking to start to tackle reducing our Greenhouse Gas Emissions. Importance of Reducing Greenhouse Gas Emissions Reducing greenhouse gas emissions is a critical issue for midwestern towns like Stillwater, Minnesota. Climate change is affecting communities across the country and the world, and it is increasingly important to take action to mitigate its impacts. As a town with a rich history and strong sense of community, Stillwater has a responsibility to be a leader in conservation and in addressing the challenges posed by climate change. St. Croix River StiLLwater. MN This Photo by Unknown Author is licensed under CC BY Greenhouse gases, such as carbon dioxide, methane, and nitrous oxide, trap heat in the atmosphere and contribute to global warming. The burning of fossil fuels for energy, transportation, and industry is the largest source of these emissions, and it is essential to reduce these emissions to slow the pace of climate change. In the STILLWATER MN — CLIMATE ACTION PLAN (PAGE 15 Midwest, we are already seeing the impacts of a changing climate, such as more frequent and severe weather events, shifts in agricultural patterns, and increased stress on ecosystems. As a town with a deep connection to the land and its natural resources, Stillwater has a unique opportunity to lead the way in reducing emissions and promoting sustainable practices. The St. Croix River has played an enormous role in Stillwater's history, and it continues to be an important resource for the town and its residents. The Stillwater City Council wants to be a good steward of this valuable resource, and reducing emissions is an important step in this direction. In addition to protecting the St. Croix River and other natural resources, reducing emissions can have many other benefits for Stillwater. By promoting energy efficiency, investing in renewable energy, and encouraging sustainable transportation, the town can improve air quality, reduce energy costs, and create new economic opportunities. As a town with a commitment to livability and a love of Minnesota's many waterfronts, Stillwater has the potential to lead the state in conservation and in climate action planning. This Climate Action Plan is the first of many steps that the Stillwater City Council will take to address climate change and promote sustainability in the town. Working with our community partners, including local businesses, residents, and organizations like Sustainable Stillwater, we will continue to develop and implement strategies to reduce emissions, promote sustainability, and build a more resilient future for Stillwater and its residents. Phase 2: Measuring the Problem Emissions Inventory Data -centricity is at the core of any successful climate action plan. Without accurate and reliable metrics, it is impossible to track progress, measure success, and make informed decisions about future initiatives. This is why it is crucial to start with strong measurements from the very beginning of the climate action plan journey. As the renowned statistician, Edwards Deming once stated, "In God we trust, all others must bring data." This statement highlights the importance of evidence -based decision making, and the role that data plays in driving change. In the context of a climate action plan, this means that every action taken must be backed by robust data and measurements that can demonstrate the impact of the initiative. Data -centricity requires a systematic and disciplined approach to data collection and analysis, and it is essential to ensure that the right data is being captured, analyzed, and acted upon. The data must be accurate, reliable, and relevant to the objectives of the climate action plan. Moreover, it is critical that the data is interpreted correctly and used to drive informed decision making. This Photo by Unknown Author is licensed under CC BY -SA STILLWATER MN - CLIMATE ACTION 'PAGE G E 16 The first step in creating a data -centric climate action plan is to identify the key metrics that will be used to measure progress and success. This may include emissions reductions, energy efficiency, and sustainability initiatives, among others. Once these metrics have been identified, a system for collecting and analyzing the data must be put in place. The next step is to ensure that the data is being used effectively to drive action and make informed decisions. This may require regular data reviews, analysis of trends and patterns, and the use of data visualization tools to communicate the data effectively. Starting with strong measurements is the foundation of a successful climate action plan. By being data - centric and prioritizing accurate, reliable, and relevant data, cities like Stillwater can ensure that their efforts are having the intended impact and moving them closer to a more sustainable future. Gathering Data on the City's Emissions What is Stillwater's Community -Wide Greenhouse Gas Emissions? This Photo by Unknown Author is licensed under CC BY -SA -NC gas emissions during the Analyze Phase such as: The burning of fossil fuels has been the primary source of energy for human civilization for over a century, but it has come at a cost. The emissions from these fuels, such as carbon dioxide, contribute to the buildup of greenhouse gases in the atmosphere. These gases trap heat from the sun and cause the global average temperature to rise, leading to the consequences of climate change. To combat this issue, it is important to understand where emissions are coming from in our communities. Therefore, a greenhouse gas inventory has been completed for the City of Stillwater to measure its carbon emissions. Considering this information, the City of Stillwater will set specific goals for reducing its greenhouse 1. Reduce Scope 1 emissions by XX% by 20XX, compared to the 20XX baseline. 2. Increase the use of renewable energy sources such as wind and solar to meet XX% of the City's energy needs by 20XX. 3. Promote sustainable transportation options, such as electric vehicles and public transportation, to reduce the number of single -occupancy vehicles on the road. 4. Implement energy -efficient building codes and encourage the use of energy -efficient appliances and lighting. 5. Encourage the use of green spaces and promote sustainable agriculture practices to reduce emissions from land use. STILLWATER MN - CLIMATE ACTION PLAN 'PAGE 17 These specific, measurable goals will help the City of Stillwater track its progress towards reducing its carbon footprint and mitigating the impacts of climate change. The City of Stillwater is facing many budgetary pressures and while the community is eager to address the issue of climate change, it is acknowledged that achieving many of the goals set forth in the Climate Action Plan will require financial support from state and federal sources. Without this support, it will be challenging to implement the necessary changes to reduce carbon emissions and make the city more sustainable. The city is committed to exploring all options, including grants and partnerships, to secure the funding required to achieve its goals and make Stillwater a leader in climate action and sustainability. The city recognizes that this is a collective effort and that the support of state and federal agencies will be critical in making meaningful progress towards reducing its climate impact. According to the Intergovernmental Panel on Climate Change, there is a need to reduce global emissions by 45% from 2010 levels by 2030 to limit warming to 1.5°C and avoid the worst consequences of climate change. "Inaction is no longer an option on climate change," says the Panel. "The time has come to bend the trajectory of emissions downward to achieve a sustainable future." Stillwater City Council recognizes the importance of reducing its carbon intensity and being a good steward of the community's resources. By understanding the sources of emissions within the city, it can prioritize actions and plan to reduce energy consumption, increase clean energy production, and change behavior to equitably impact all residents. This Climate Action Plan is the first of many steps towards a more sustainable future for Stillwater. AL 4 This Photo by Unknown Author is licensed underCC BY -SA -NC What is Stillwater's Energy consumption? Stillwater's energy consumption is a combination of electricity and natural gas consumption, fuel consumption for transportation, and heating and cooling. According to the 2021 Stillwater MN Annual Community Energy Report by Xcel Energy, the primary energy provider in the area, the electricity consumed in Stillwater is sourced from a mix of carbon -free and carbon -emitting sources. The resource mix for electricity in Stillwater is as follows: STILLWATER MN - CLIMATE ACTION PLAN I PAGE 18 Resource Mix Resource Contribution Hydro 5% ---- Other(Solar/ Bio Mass) 5% Electricity consumption in Stillwater is broken down into various categories, including business and residential customers, as well as street lighting. According to the report, in 2021, the total electricity consumption in Stillwater was 155,374,221 kWh, with a total of 44,437 metric tons CO2 emissions. The breakdown of electricity consumption and carbon emissions by customer category is as follows: Electricity Number of Customers Energy Consumption (kWh) Carbon Emissions (metric tons CO2) Business 1,048 82,063, 852 23,470 Residential 8,150 72,599,036 20,763 Street Lighting - Metered n/a 50,311 14 Street Lighting - Non-Metered/Customer Owned n/a 75,386 22 Street Lighting - Non-Metered/Xcel-Owned n/a 585,636 167 Total: 9,198 155,374,221 44,437 The consumption of natural gas in Stillwater is also broken down into business and residential customers. In 2021, the total natural gas consumption in Stillwater was 9,971,379 therms, with a total of 53,845 metric tons CO2 emissions. The breakdown of natural gas consumption and carbon emissions by customer category is as follows: Natural Gas Number of Customers Energy Consumption (therms) Carbon Emissions (metric tons CO2) Business 590 3,605,786 19,471 Residential 7,257 6,365,593 34,374 Total: 7,847 9,971,379 53,845 In conclusion, the energy consumption in Stillwater is a combination of electricity and natural gas consumption, with a mix of carbon -free and carbon -emitting sources. The city's energy consumption is STILLWATER MN — CLIMATE ACTION PLAN I PAGE 19 measured by Xcel Energy, the primary energy provider, in the form of an annual community energy report. The report provides a detailed breakdown of energy consumption and carbon emissions by customer category and source. What is Stillwater's waste? This includes data on the generation and disposal of waste, including municipal solid waste, industrial waste, and agricultural waste. This question will be answered by the Climate Action Committee. What is Stillwater's Agriculture and land use? This includes data on land use changes, fertilizer use, and animal management. This question will be answered by the Climate Action Committee. What is Stillwater's Water usage? Water usage is a critical element of any Climate Action Plan, and its importance cannot be overstated. In Stillwater, the need to conserve water is even more critical due to the city's growing population and the impacts of climate change on water availability. This Photo by Unknown Author is licensed underCC BY -SA distribution are energy -intensive processes. Despite a decrease in water usage in 2019, the city has seen a gradual increase in water consumption over the last few years. This trend is concerning, as it puts a strain on the city's water resources and increases its carbon footprint. Reducing water consumption can have a significant impact on the environment and help achieve sustainability goals. It not only saves water resources but also reduces energy consumption associated with water treatment, distribution, and pumping. In addition, reducing water consumption can also lower greenhouse gas emissions, as water treatment and To address the issue of increasing water usage, Stillwater's Climate Action Plan must prioritize water conservation efforts. This can include promoting water -efficient practices, upgrading water infrastructure, and developing public education campaigns to raise awareness about the importance of water conservation. The plan can also explore the use of alternative water sources, such as rainwater harvesting, to reduce reliance on potable water sources. The city must also work closely with residents, businesses, and other stakeholders to encourage water conservation. This can include offering incentives for water -efficient practices, conducting outreach programs to educate the community about water conservation, and implementing policies to promote water -efficient practices. STILLWATER MN - CLIMATE ACTION PLAN IPAGE 110 The chart below illustrates the amount of water pumped in millions of gallons overthe past few years. It highlights the need for action to address the issue of increasing water usage and the importance of water conservation in Stillwater's Climate Action Plan. 698,512 762,968 706,534 675,736 685,699 745,282 ■ 2016 2017 ■ 2018 ■ 2019 ■ 2020 ■ 2021 ■ 2022 737,809 What is Stillwater's transportation usage? This includes data on the number and types of vehicles, fuel consumption, and public transportation usage. This question will be answered by the Climate Action Committee. Phase 3: Analysis of the Stillwater's Climate Posture The Analyze phase of the Climate Action Plan is where the real work begins. It's where the data collected during the Measure phase is put under the microscope, allowing us to better understand the problem and identify areas of improvement. By leveraging a data -centric approach, we can create a comprehensive picture of the current state of our community's greenhouse gas emissions and determine which areas need the most attention. The Analyze phase involves conducting a thorough and methodical examination of the data collected during the Measure phase and using this information to uncover patterns and trends that can inform decision -making. We'II look at the data from various angles, using statistical techniques to identify correlations and causal relationships, and using visualization techniques to bring the data to life. It's essential to have a rigorous and systematic approach to the Analyze phase, as it provides us with the insights and knowledge necessary to make informed decisions and prioritize our efforts. With a thorough understanding of the data, we can determine which areas of our community's carbon footprint are contributing the most to our overall emissions and focus our efforts on those areas first. As Edwards Demming once said, "Without data, you're just another person with an opinion." The Analyze phase of the Climate Action Plan is the critical link between the Measure phase and the Improve phase, and it ensures that our actions are based on sound data and evidence, rather than conjecture STILLWATER MN - CLIMATE ACTION PLAN 1 P A G E 111 and guesswork. With a data -centric approach, we can make informed decisions, prioritize our efforts, and take the first steps towards a more sustainable future for the City of Stillwater. Phase 4: Plan for Improvement The Improve phase of a climate action plan is about taking the information and insights gained from the Measure and Analyze phases and using them to drive change. It's about taking the data, identifying the root causes of the issues, and determining the best course of action to make improvements. This phase requires creative problem -solving, collaboration, and a willingness to experiment and try new approaches. This Photo by Unknown Author is licensed under CC BY -SA -NC As the legendary management consultant, Peter Drucker, famously said, "What gets measured gets improved." This sentiment rings true in the Improve phase, as the data gathe red and analyzed in the previous phases serves as a foundation for action. The goal is to take this data and use it to make meaningful improvements to reduce emissions and create a more sustainable future for Stillwater. The Improve phase is about acting, and this requires leadership, commitment, and persistence. The City of Stillwater must be willing to take bold steps and make the necessary investments to achieve their sustainability goals. This phase requires collaboration across departments, community organizations, and residents to ensure that everyone is working together towards a common goal. In the Improve phase, it's essential to continuously measure and monitor the impact of the actions taken. This feedback loop helps to refine and optimize the strategies, ensuring that the City of Stillwater is always moving in the right direction towards a more sustainable future. With a focus on continuous improvement, the City of Stillwater can achieve their sustainability goals and create a more resilient and equitable community for all its residents. Challenges to Implementation As the City of Stillwater moves into the Improve phase of its Climate Action Plan, it's important to acknowledge that there may be barriers or challenges that arise along the way. While the Measure and Analyze phases have provided valuable insights into the current state of the city's carbon footprint and identified areas for improvement, it's critical to address potential obstacles before moving forward with implementation. One majorchallenge that may arise is resistance to change. While the need for sustainability and carbon reduction efforts is becoming increasingly evident, there may be individuals or groups who are hesitant to adopt new policies or practices. It's essential to understand the root causes of this resistance and address them through targeted communication, education, and engagement efforts. STILLWATER MN - CLIMATE ACTION PLAN IPAGE 112 This Photo by Unknown Author is licensed underCC BY -SA Another potential barrier is the cost of implementing new sustainability initiatives. While the Governor's budget proposal provides an opportunity for funding, there may still be gaps that need to be filled. The city will need to explore creative financing solutions, such as public -private partnerships or grants, to ensure that the necessary resources are available. Furthermore, there may be technical challenges associated with implementing new sustainability initiatives, particularly in areas such as energy efficiency and renewable energy. Itwill be important to engage with experts in these fields to ensure that projects are well -designed and well -executed. It's also important to acknowledge that the impacts of climate change are not felt equally across all communities. Certain populations, such as low-income or historically marginalized groups, may be more vulnerable to the effects of climate change and may not have the same access to resources or information as other groups. It's essential to address these equity concerns through targeted outreach and engagement efforts, as well as by incorporating equity considerations into the design and implementation of sustainability initiatives. To address these potential barriers and challenges, the City of Stillwater must take a proactive and strategic approach. This means developing a comprehensive plan for addressing potentia I obstacles, as well as creating a culture of adaptability and continuous improvement. One key strategy for addressing potential barriers is through communication and engagement efforts. This may involve developing targeted messaging that speaks to the concerns and values of different stakeholdergroups, as well as creating opportunities for input and feedback. By engaging with residents, businesses, and other stakeholders throughout the implementation process, the City of Stillwater can build support and buy -in for sustainability initiatives. Another strategy is to leverage partnerships and collaboration to address technical and financial challenges. This may involve working with external experts, community organizations, or other municipalities to share knowledge and resources. By collaborating with others who have experience in sustainability initiatives, the City of Stillwater can learn from best practices and avoid potential pitfalls. It's also important to build flexibility into the implementation process. This means anticipating potential challenges and designing initiatives with built-in feedback loops and opportunities for adaptation. By continuously monitoring progress and adjusting strategies as needed, the City of Stillwater can ensure that sustainability initiatives remain relevant and effective over time. Finally, it's crucial to incorporate equity considerations into all aspects of the implementation process. This means ensuring that initiatives are designed and implemented in a way that is inclusive and equitable, and that addresses the unique needs and concerns of all members of the community. By taking a proactive and strategic approach, leveraging partnerships and collaboration, building flexibility into the implementation process, and incorporating equity considerations, the City of STILLWATER MN - CLIMATE ACTION PLAN IPAGE 113 Stillwater can ensure that its sustainability initiatives are effective, equitable, and sustainable over the long term. Additional Information Community Involvement: Climate Action Committee The City of Stillwater's Climate Action Plan is an ambitious effort to reduce the negative impact of climate change on our city and its residents. One key component of this plan is the creation of a Climate Action Committee. This committee will bring together community leaders, like those from Sustainable Stillwater, City Council members, and subject matter experts from Xcel Energy's Partners in Climate Program (as needed). The goal of this committee is to work together to define, measure, and solve the challenges posed by climate change in Stillwater. The Climate Action Committee will meet twice a month at City Hall and will engage in a collaborative and iterative process to develop and implement a comprehensive climate action plan. While City Staff may be called upon to provide support, we recognize that our staff is already burdened and will make every effort to minimize their involvement in these efforts. The Climate Action Committee will leverage the expertise and resources of Xcel Energy's Partners in Climate Program to develop and implement a comprehensive energy plan. This program will provide the Climate Action Committee with the support needed to execute energy planning, implementation support, and data analysis. These resources will be critical to the success of the Climate Action Plan, as they will provide the committee with the tools and guidance needed to make informed decisions and take meaningful action. by Unknown Author is licensed under In addition to the support provided by Xcel Energy (supporting our energy efforts as needed), the Climate Action Committee will also seek out other sources of expertise and funding. We recognize that the City of Stillwater has limited funds, and that some of the projects outlined in the Climate Action Plan will require significant investment. To help secure the necessary funding, the City will leverage its lobbying fund to engage our legislators and seek federal and state dollars. While securingfundingwill be a challenge, we believe that there are many commonsense activities that the Climate Action Committee can undertake with limited resources. For example, the city will need to modernize some ofourbuildings soon, and part of this modernization effort will include green projects. These projects will not only help us reduce our carbon footprint, but they will also improve the energy efficiency and comfort of our buildings, making them better places to live and work. STILLWATER MN - CLIMATE ACTION PLAN IPAGE 114 The Climate Action Committee is an important step in the City of Stillwater's journey towards a more sustainable future. Byworkingtogether, we can create a plan that not only reduces our greenhouse gas output, but also prepares our community for the unavoidable impacts of a changing climate. With this comprehensive plan in place, we can lead the fight against climate change and be a model for other cities to follow. Community Engagement: Communications As the City of Stillwater moves forward with its Climate Action Plan, it's critical that the community is involved and informed aboutthe plan's development and implementation. To achieve this, the city must prioritize public engagement and education to ensure that residents have a voice in the process and the opportunity to provide feedback. One way to accomplish this is through community events, such as city hall meetings, open houses, and workshops. These events provide a forum for residents to ask questions, share their concerns and ideas, and engage with city officials and subject matter experts. Additionally, these events can help to educate the community about the Climate Action Plan, its goals, and its potential impact on the community. Another effective approach is to leverage digital tools, such as social media, email newsletters, and online surveys. These tools can help to reach a wider audience and allow residents to engage at their convenience. Additionally, digital tools can provide real-time feedback and allow the city to track engagement and adapt its approach accordingly. Furthermore, the city can partner with community organizations, such as Sustainable Stillwater, to engage residents and raise awareness about the Climate Action Plan. These organizations can help to amplify the city's message and provide valuable insights and perspectives from the community. To ensure that the community is fully informed and engaged, the city must also prioritize education and outreach. This can include the development of educational materials, such as brochures and infographics, that explain the Climate Action Plan and its goals in plain language. Additionally, the city can develop educational programs, such as workshops and seminars, to help residents better understand the plan's potential impact on the community and how they can contribute to its success. Moreover, the city must ensure that its approach to public engagement and education is inclusive and equitable. This means reaching out to underserved communities, such as lower -income residents, and providing opportunities for them to engage and contribute to the plan's development and implementation. In addition to these approaches, the city can also leverage the powe r of storytelling to engage and educate the community. By sharing This Photo by Unknown Author is licensed under CC BY-NC-NQ STILLWATER MN - CLIMATE ACTION PLAN IPAGE 115 stories of local businesses, organizations, and individuals who are making positive changes in their communities, the city can inspire residents to act and contribute to the Climate Action Plan's success. Finally, the city must be open to feedback and willing to adapt its approach based on the community's input. This means soliciting feedback at every stage of the process, providing opportunities for residents to share their ideas and concerns, and incorporating this feedback into the plan's development and implementation. Overall, public engagement and education are essential components of the City of Stillwater's Climate Action Plan. By prioritizing these efforts, the city can ensure that residents are informed, engaged, and empowered to contribute to a more sustainable future for all. Xcel Energy Partners in Energy The Stillwater City Council has decided to partnerwith Xcel Energy's Partners in Energy program to drive the analysis, goal planning, and execution of their Climate Action Plan with respect to Energy (scoped purely to energy). This partnership provides a unique opportunity for the community to engage with stakeholders, create sustainable goals, and develop a comprehensive work plan. The program is a two-year collaboration with Xcel Energy, at no cost to the community except for in - kind staff time to support the different phases. This Photo by Unknown Author is licensed under CC BY-S, The Partners in Energy program offers a range of services to support the community's energy planning. This includes energy planning workshops, action planning, and leveraging existing plans and goals. Separately Xcel provides support for EV planning (via a different part of the organization), including infrastructure, fleet, and outreach. In addition, Xcel Energy will provide support for implementation, including project management, marketing collateral, outreach, and strategy development for new ideas. To measure progress and understand the impact of the Climate Action Plan, Xcel Energy will also provide data analysis services. This will help the community track their progress towards their goals and make informed decisions on how to continuously improve their efforts towards sustainability. The Stillwater City Council views this partnership as a crucial step towards a more sustainable future, and they are committed to leading the charge in the fight against climate change. STILLWATER MN - CLIMATE ACTION PLAN IPAGE 116 The network of Cities that Xcel works with is extensive in this area and it is believed that taking this approach will not only speed our execution but lower our total costs. As of January of 2023, their network covered these cities. SI Cloud • Coe, We. • uc de••• •R Makl 'lYrete• • ` SharProx •• •• •]5 nmsey • • ••Richlie4Inver Ge Aden Praii.p• • • 31oomitgmnilosemount nnAs • • :county Perks acid Recreation acts Heights R. Wing • Hennepin County. •SI. Louts Park •Eelna Richfield • Eden Prairie • • emingten •Inter Gmra Help. •6le Fddlay Shorerlew • • Mahler.. • Ile w&nekton • Berns • • •Golden Valley •Rhserillo Maplewood NIe1Wn • Rosemaun. • Winona • La c.a:�nm Community Status • • Planning • implementation • graduate Funding and Implementation One of the key challenges in implementing the Climate Action Plan is securing the necessary funding. The city has limited resources and will need to find creative ways to finance its initiatives. However, there is good news on the horizon. The current budget proposal from the governor sets aside a substantial amount of money that can be leveraged to help cities like Stillwater. This funding can assist with the design and construction of crucial infrastructure projects such as stormwater, wastewater, and community resiliency projects. In addition, the funding can support design and energy efficiency assessments of these projects, helping to prepare them for state or federal funding. This will allow the city to maximize its resources and ensure that all Minnesotans, including those in Stillwater, see the benefits of preparing for a warmer and wetter future. The funding can also be used for resiliency planning, emission reductions action planning, and essential public services planning, to ensure that the city is prepared for the challenges that lie ahead. The funding will also provide technical assistance to conduct the design, analysis, or assessments necessary for the grant opportunities. This support will be critical in ensuring that the city's projects are well -designed and well -positioned to secure the funding they need to be successful. Moreover, the funding will allow forcommunity-led projects, which will help ensure that all residents of Stillwater can participate in and benefit from the city's efforts to prepare for a warmer and wetter future. The city recognizes that community involvement is a critical component of its success and is committed to working with its residents and stakeholders to achieve its goals. The funding provided by the governor's budget proposal represents a significant opportunity for Stillwater and other cities in Minnesota. By leveraging this funding, the city can move forward with its STILLWATER MN - CLIMATE ACTION PLAN IPAGE 117 Climate Action Plan and take concrete steps towards reducing its carbon footprint, preparing for the impacts of climate change, and creating a more sustainable future for all its residents. The city is committed to finding innovative solutions and working with its residents and stakeholders to achieve its goals, and the funding provided by the governor's budget proposal is an important step in the right direction. Conclusion The City of Stillwater is on a journey towards a more sustainable future, and the Climate Action Plan is just the beginning. It is a comprehensive approach to reducing emissions and mitigating the effects of climate change, but it is not the end. The phased approach outlined in the plan is the starting point, not the finish line. We understand that continued progress towards sustainability requires constant effort and adaptation. Therefore community involvement is so crucial to the success of this program. The residents of Stillwater have already made significant strides in improving the quality of life in the city. However, we understand that there is still much work to be done. The effects of climate change are becoming increasingly evident, and the need for action has never been more pressing. By working together, the residents of Stillwater can create a more sustainable future for all, while also improving the economic, physical, and environmental health of the community. hil This Photo by Unknown Author is licensed under CC BY -NC -ND It is imperative that we take action to reduce emissions. The continued warming of the planet and the resulting impacts on our lives and our environment are a cause for concern. The City of Stillwater is committed to leading the charge in the fight against climate change and doing our part to ensure a sustainable future for ourselves and future generations. We understand that this is a long-term effort that will require ongoing commitment, but we are up to the challenge. The future of Stillwater is bright, and we look forward to continued progress towards a sustainable future. Our Climate Action Plan sets a strong foundation for this progress, but it is not the end. We will continue to refine and improve our efforts, always striving to do more and be better. Our city is poised to become a leader in the fight against climate change and a model for other cities to follow. With community involvement, continued action, and a commitment to sustainability, the future of Stillwater is a bright one indeed. STILLWATER MN - CLIMATE ACTION PLAN IPAGE 118 Washington County FYI BOARD AGENDA March 7, 2023 - 9:00 AM 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Ca11 Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Adopt a resolution responding to request for property tax abatements. B. Adopt a resolution to submit the 2023 Federal Transit Administration Certification and Assurances to the Minnesota Department of Transportation and delegate authority to the Community Services Director to sign the forms. C. Approve Joint Powers Agreement No. 15324 that allows the Washington County Sheriffs Office to provide fuel to the City of Oak Park Heights for law enforcement services. 4. 9:10 General Administration - Kevin Corbid, County Administrator A. 1. Minnesota County Engineers Association (MCEA) Award - Highway 36 & Manning Interchange 2. National Recreation and Park Association (NRPA) Award - 30 Under 30 B. Legislative Update 5. 9:30 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. 9:45 Board Correspondence 7. 9:45 Adjourn Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 8. 9:50 Board Workshop with Public Works A. Workshop with Metropolitan County staff regarding the goals and objectives in the 2050 Transportation Policy Plan (TPP). 9. 10:30 Board Workshop with Property Records and Taxpayer Services A. Discuss election administration, including joint powers agreements for election services, 2023 updates, and 2024 preparations. 10. 11:15 Board Workshop with Administration A. Review a request from the City of Woodbury for Land and Water Legacy Program Funds. 11. 11:45 Finance Committee Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County BOARD AGENDA February 28, 2023 - 9:00 AM 1. 8:30 Board Workshop with Public Works A. Discuss the Great River Rail Commission. Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 2. 9:00 Washington County Regional Railroad Authority - Lyssa Leitner, Planning Director (item C) - Sara Allen, Senior Planner (item D) A. Roll Call Pledge of Allegiance B. Approval of the January 10, 2023, Regional Railroad Authority meeting minutes. C. Adopt Amendment No. 4 to extend the existing option agreement between Washington County Regional Railroad Authority and Washington County Community Development Agency for the purchase of the remaining excess property at Newport Transit Station until March 1, 2024. D. 1. Adopt a resolution to join the Great River Rail Commission as a Financial Member. 2. Appoint Commissioner Karla Bigham as representative to the Great River Rail Commission. 3. Appoint a commissioner as alternate. E. Adjourn Washington County Board of Commissioners Convenes 3. 9:30 Roll Call 4. 9:30 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 5. 9:40 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of 1.0 FTE Case Aide postion in the Crisis Response Unit within the Department of Community Services. B. Approve Amendment No. 3 of Contract No. 13133 with Pro -Crisis, LLC. to extend the contract through December 31, 2023. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County Consent Calendar continued C. Approve Amendment No. 5 of Contract No. 12135 with RADIAS Health for the amount of $70,000 and to extend the contract through December 31, 2023. D. Approve Contract No. 15349 for a Grant Agreement for Mobile Crisis SFY23 Federal Medical Assistance Percentage (FMAP) and Coronavirus Response and Relief Supplement Appropriations Act (CAA) Funding in the amount of $190,822 from the Minnesota Department of Human Services. E. Approval of Contract No. 15299 with Pictometry International Corp. DBA Eagleview, to a final contract value of $119,805.48, for imagery and access to cloud -based software. F. Approve Joint Powers Agreement for Election Services between the City of Cottage Grove and Washington County. G. Approve a Subordinate Funding Agreement #3 (SFA) with Metropolitan Council to receive $1,701,040 to furnish, assemble, test, and inspect traffic signal equipment systems in the Washington County portions of the METRO Gold Line project. H. 1. Approve a Subordinate Funding Agreement #4 (SFA) with the Metropolitan Council to transfer $3,500,000 that the State Legislature appropriated to MnDOT via the Local Road Improvement Program for the 4th Street Bridge replacement as part of the METRO Gold Line project. 2. Adopt a resolution to approve a Local Road Improvement Program Grant Agreement with MnDOT to transfer funds from MnDOT to Washington County. I. Adopt a resolution supporting the submittal of an application to request funding from the Minnesota Department of Transportation (MnDOT) through the 2022 Corridors of Commerce program for the Trunk Highway 36 and Trunk Highway 120 (Century Avenue North) Interchange Project. J. Adopt a resolution to enter into a Metropolitan Council Grant Agreement SG-22P1-10-03 reimbursing the Land and Water Legacy Program for 75% of the cost to purchase the property located at 14621 Margo Avenue, Scandia, Minnesota, for inclusion into Big Marine Park Reserve and to enter into an agreement and restrictive covenant with the Metropolitan Council. K. Adopt a resolution to transfer a historical firearm to the Camp Ripley Military Museum. 6. 9:40 Accounting and Finance - Jill Zenzola, Accounting Supervisor A. Adopt a resolution to amend the American Rescue Plan Act recovery plan. 7. 10:00 Public Works - Andrew Giesen, Engineer III A. Approve Contract No. 15321 in the amount of $365,394 with SRF for the County State Aid Highway (CSAH) 13 (Radio Drive) Improvement Project. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 8. 10:15 General Administration - Kevin Corbid, County Administrator A. Legislative Update 9. 10:30 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 10. 10:45 Board Correspondence 11. 10:45 Adjourn 12. 10:50 Board Workshop with Administration A. Review of the Land and Water Legacy Program, funding needs for potential projects, and future funding options. 13. 11:35 Board Workshop with Public Works A. Review potential purchase of approximately 685 acres within Big Marine Master Plan in May Township. 14. 12:00-12:15 Break 15. 12:15 Board Workshop with Administration A. Discuss 2024 budget development, guidelines and principles. 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