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2023-04-04 CC Agenda Packet
Hotel Statistics •City has 8 hotels •4 downtown •4 up the hill •417 hotel rooms Downtown Up the Hill Hotel Statistics Reviewed call logs as reportedReviewed call logs as reported Police and Fire Focused on Nuisance calls January 1, 2022 – Feb. 28, 2023 (14 months)January 1, 2022 – Feb. 28, 2023 (14 months) Number of Rooms/Hotel 35 40 45 55 58 59 61 64 0 10203040506070 Lowell Inn Lora Hotel Coratel Inn & Suites Hotel Crosby Country Inn & Suites Stillwater Inn & Suites Water Street Inn Grand Stay Inn Total Police & Fire Calls to each Hotel 23 38 41 42 47 69 82 133 0 20406080100120140 Lowell Inn Country Inn & Suites Grand Stay Inn Hotel Crosby Lora Hotel Coratel Inn & Suites Water Street Inn Stillwater Inn & Suites Avg. Police + Fire Call/Room 0.6 0.7 0.7 0.8 1.2 1.3 1.5 2.3 0.0 0.5 1.0 1.5 2.0 2.5 Grand Stay Inn Country Inn & Suites Lowell Inn Hotel Crosby Lora Hotel Water Street Inn Coratel Inn & Suites Stillwater Inn & Suites General Statistics Grand Stay has most rooms and least calls Stillwater Inn has nearly twice the number of calls as any other hotel Police/Fire response to Stillwater Inn every 3 days Police/Fire response to Water Street Inn every 5 days 475 public safety responses to all 8 hotels in 14 months (more than 1/day) More than half of those responses are at 3 hotels (Stillwater Inn, Coratel, Water Street Inn) Nuisance Calls Nuisance Calls • Crimes (Fraud, Disturbance, Vandalism, Noise, Larceny, Harassment) • Suspicious Person • Unconscious Person •Welfare Check • Officer Initiated •Warrant Arrest •Mental Health Not • 911 Hang‐up • Public Assistance •Parking •Fire Alarm •Sick Person •Traffic Stop • Unknown (responded but no explanation) Total Police & Fire Nuisance Calls 10 17 19 19 21 34 40 60 0 10203040506070 Lowell Inn Grand Stay Inn Country Inn & Suites Lora Hotel Hotel Crosby Coratel Inn & Suites Water Street Inn Stillwater Inn & Suites Avg. Police & Fire Nuisance Calls/Room 0.3 0.3 0.3 0.4 0.5 0.7 0.8 1.0 0.0 0.2 0.4 0.6 0.8 1.0 1.2 Grand Stay Inn Lowell Inn Country Inn & Suites Hotel Crosby Lora Hotel Water Street Inn Coratel Inn & Suites Stillwater Inn & Suites Licensing Advantages Ability to attach conditions Revoke/Suspend Deny 9 r 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 April 4, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1.2023 Downtown Parking District Fee Schedule 2.City Code Revisions 3.Xcel Energy Memorandum of Understanding Phase 1 IV.STAFF REPORTS 4.Public Works Director 5.Police Chief 6.Fire Chief – 2022 Fire Department Annual Report 7.Finance Director 8.Community Development Director 9.City Clerk 10.City Attorney 11.City Administrator 12.Library Director V.RECESS REGULAR MEETING 7:00 P.M. VI.CALL TO ORDER VII.ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX.RECOGNITIONS OR PRESENTATIONS 13.Certificate of Appreciation – Andrew Straus, Public Works Lead Worker 14.Certificate of Appreciation – Carla Knippenberg (Planning Commission) 15.Proclamation – Organ Donation Month 16.Stillwater Police Department Oath of Duty Presentation – Captain Hunter Julien X.OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. 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. 17.March 21, 2023 Regular Meeting Minutes 18.Payment of Bills 19.Farmers Market Event Contract Agreement 20.Final Payment for 2021 Street Improvement Project – Resolution 21.Library Repair Projects Contract Agreement 22.Merrick Community Services Off-Site Gambling Permit at JX Venue – Resolution 23.Retail Sale of Fireworks Permit for Cub Foods Page 2 of 2 City Council Meeting Agenda April 4, 2023 24. Roll-off Hauler License for Gorilla Dumpster Bag LLC. 25. St. Croix Crossing Half Marathon Event Contract Agreement 26. Support for State of MN Heritage Preservation Tax Credit Legislation – Resolution 27. Therapeutic Massage Business Licenses and Massage Therapist Licenses – Resolution 28. Tricia and The Toonies Performance Agreement 29. Washington County 2023 Municipal Recycling Grant Agreement XII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 30. Case 2023-07 to consider Preliminary Plat and Final Plat for one new lot, and a Conditional Use Permit to allow a Car Wash at 2001 Washington Avenue – Postponed to April 18, 2023 XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 31. Lift Bridge Road Race Event and Contract Agreement 32. 72nd Street Improvement Project Approve Plans and Specifictions – Resolution 33. Downtown Lighting Project Award Agreement for Engineering Services XV. COUNCIL REQUEST ITEMS XVI. CLOSED SESSION 34. Pursuant to Minn. Stat. 13D.05 subd. 3(b) to discuss attorney-client privileged communication related to the White Bear Lake litigation XVII. ADJOURNMENT Page 4 of 6 19-09-526 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Planning and energy management experience Does your community currently have any sustainability or energy plans, policies, codes, regulations or initiatives? If yes, please identify them and indicate the date(s) they were last revised. (Describe your interest in Partners in Energy and how you think Partners in Energy could provide value.) Describe any energy programs or energy management activities your community has participated in over the past two years. Please include goals/targets and results if applicable. This can include initiatives to track energy use in any part of your community (e.g., public buildings), a neighborhood energy challenge, etc. If you have participated in Partners in Energy before, what strategies would you like to pursue with additional support from Partners in Energy, and why? Additionally, please explain if your community is already engaged with Xcel Energy in other ways. Community resources and commitment Please indicate who in your community would be the point person (or people) to manage your Partners in Energy participation and describe his/her/their applicable experience and background relative to planning, energy and /or sustainability. Describe his/her/their availability to support this initiative through both strategy development and implementation (include multiple people as applicable for each stage). Describe whether they are paid staff or volunteers and the extent to which managing and/or implementing energy or sustainability initiatives is a component of their job duties. Yes, the City of Stillwater currently has a Climate Action Plan in place that outlines our goals and strategies for reducing our carbon footprint and mitigating the impacts of climate change. The plan was adopted by the City Council this year and is a phased approach that includes specific actions and timelines to achieve our sustainability goals. In addition to the Climate Action Plan, the City of Stillwater has also adopted the Minnesota GreenStep Cities program, which provides a framework for communities to achieve their sustainability goals and recognize their progress. The program includes a variety of best practices and strategies for energy efficiency, renewable energy, transportation, waste reduction, and more. However, while we have made progress, there is always room for improvement, and we believe that the Partners in Energy program could provide significant value to our community. The program offers a range of services to support our energy planning and electric vehicle planning, if desired. This includes energy planning workshops, action planning, and leveraging existing plans and goals. The program also provides support for EV planning, including infrastructure, fleet, and outreach. Additionally, the program can provide support for implementation, including project management, marketing collateral, outreach, and strategy development for new ideas. This kind of support would be invaluable in helping us to achieve our sustainability goals in a timely and efficient manner. Furthermore, the Partners in Energy program offers data analysis services that would help the City of Stillwater track our progress towards our goals and make informed decisions on how to continuously improve our efforts towards sustainability. This data analysis would be critical in helping us to measure the effectiveness of our actions and adjust our strategies as necessary. In summary, the City of Stillwater has already taken significant steps towards sustainability through the adoption of our Climate Action Plan and participation in the Minnesota GreenStep Cities program. However, we recognize that there is always more that we can do, and we believe that the Partners in Energy program could provide significant value to our community. The program's range of services, support for implementation, and data analysis capabilities could help us to achieve our sustainability goals efficiently and effectively. The city of Stillwater has taken several steps to promote sustainability and energy management in recent years. In 2010, Stillwater joined the GreenSteps program, which provides guidance and recognition to Minnesota cities for their sustainability efforts. Since then, Stillwater has implemented numerous initiatives to reduce energy use, including: - Installing LED streetlights throughout the city in 2016, which resulted in a 30% reduction in energy use and significant cost savings - Conducting energy audits and implementing energy-efficient measures in municipal buildings, such as upgrading heating and cooling systems and installing smart controls - Encouraging residents to participate in energy conservation efforts, such as the city-wide LED bulb exchange program and the "Cool Change for Climate" challenge While Stillwater has made significant progress in promoting energy management and sustainability, there is still much work to be done. The city recognizes the need for ongoing efforts to reduce energy use and promote sustainability, and is committed to seeking out new opportunities and partnerships to achieve these goals. REVISED The City of Stillwater has been actively working towards a more sustainable future through a number of energy programs and initiatives. One key initiative has been the implementation of energy efficiency measures in public buildings, including lighting retrofits, HVAC upgrades, and energy management systems. These efforts have resulted in significant reductions in energy consumption, lowering energy costs for the city and reducing its carbon footprint.In addition to these measures, the city has participated in several energy management activities over the past two years, including tracking energy use in public buildings and participating in a neighborhood energy challenge. The city has set ambitious goals for energy reduction, and through these activities, it has been able to make progress towards those targets. For example, the neighborhood energy challenge resulted in a 10% reduction in energy use among participating households.The City of Stillwater is also engaged with Xcel Energy in a number of ways. As outlined in our Climate Action Plan, we are seeking to become a partner in the Partners in Energy program. This program will provide critical support and resources to help us achieve our energy goals and reduce our carbon footprint. We are excited about the opportunities that this partnership will bring, including energy planning workshops, action planning, and support for electric vehicle planning.In addition to the Partners in Energy program, the City of Stillwater also participates in Xcel Energy's renewable energy programs. For example, the city has subscribed to Xcel Energy's Solar Rewards Community program, which provides incentives for the installation of solar panels on city-owned buildings. Through this program, the city has been able to generate renewable energy and reduce its reliance on fossil fuels.Looking ahead, the City of Stillwater is committed to continuing its energy management activities and participating in initiatives like the Partners in Energy program. With the support of Xcel Energy and other partners, we believe that we can achieve our energy goals and create a more sustainable future for all our residents. The City of Stillwater has been actively working towards a more sustainable future through a number of energy programs and initiatives. One key initiative has been the implementation of energy efficiency measures in public buildings, including lighting retrofits, HVAC upgrades, and energy management systems. These efforts have resulted in significant reductions in energy consumption, lowering energy costs for the city and reducing its carbon footprint. In addition to these measures, the city has participated in several energy management activities over the past two years, including tracking energy use in public buildings and participating in a neighborhood energy challenge. The city has set ambitious goals for energy reduction, and through these activities, it has been able to make progress towards those targets. For example, the neighborhood energy challenge resulted in a 10% reduction in energy use among participating households. The City of Stillwater is also engaged with Xcel Energy in a number of ways. As outlined in our Climate Action Plan, we are seeking to become a partner in the Partners in Energy program. This program will provide critical support and resources to help us achieve our energy goals and reduce our carbon footprint. We are excited about the opportunities that this partnership will bring, including energy planning workshops, action planning, and support for electric vehicle planning. In addition to the Partners in Energy program, the City of Stillwater also participates in Xcel Energy's renewable energy programs. For example, the city has subscribed to Xcel Energy's Solar Rewards Community program, which provides incentives for the installation of solar panels on city-owned buildings. Through this program, the city has been able to generate renewable energy and reduce its reliance on fossil fuels. Looking ahead, the City of Stillwater is committed to continuing its energy management activities and participating in initiatives like the Partners in Energy program. With the support of Xcel Energy and other partners, we believe that we can achieve our energy goals and create a more sustainable future for all our residents. Page 1 CITY OF STILLWATER LIST OF BILLS Advance Auto Parts Equipment repair supplies 70.70 Air Down There Scuba repair 520.00 Aspen Mills Uniform collar brass 821.98 AT&T Mobility 8509 Cell Phone 89.90 AutoNation Vehicle repair charges 84.08 Baker Tilly Municipal Advisors Long range financial planning 12,830.00 Becker Arena Products Equipment repair supplies 790.31 BHE Community Solar Solar Energy 1,386.92 Bolton & Menk Inc. St. Croix Structure 3,056.00 Calibre Press Training seminar - McBroom & LeMoine 718.00 Canteen Refreshment Services Concession supplies 563.07 Carahsoft Technology OpenRoads SignCAD 976.00 Century Power Equipment Equipment repair charges 66.05 Cherokee Manufacturing Polybags 11,150.00 Cintas Corp - Medical First Aid Supplies 181.40 Cintas Corporation Uniform towels mats 294.61 CivicPlus Municode pages 278.60 Clifton LarsonAllen LLP Audit 5,853.75 Connor Industries - Stanley Aluminum Boats Fire boat 5,485.00 Core & Main Hydrafinder flag 282.30 Crysteel Truck Equip Equipment repair supplies 854.69 Dalco Foam hand soap 246.16 Electric Pump Everett St Lift 589.25 Emergency Automotive Equipment & repairs 3,634.48 Emergency Medical Products Safety supplies 155.40 Ferguson Waterworks #2518 Supplies 11.16 Golden Expert Services Janitor Service 4,000.00 Gow Josh Reimburse for mileage for training 76.50 Grainger Tools and supplies 2,014.40 Granicus Inc Milestone 800.00 Guardian Supply Uniforms & supplies 3,348.14 Huebsch Service Mat cleaning service & uniforms 908.94 Ice Sports Industry Skater Membership 30.00 Ideal Construction Services 845 Sunrise Ave replace roof & window 6,600.00 Jordan Joel Reimburse for parking 11.40 Lakeview Hospital Legal blood draws 50.00 Lawson Products Fleet repair supplies 207.87 League of MN Cities LMC Annual Conference & Stormwater Coalition 1,350.00 Linde Gas & Equipment Cylinders 63.25 Lindstrom Solar LLC Solar Energy 4,947.38 Loffler Companies Plotter ink & copier lease 302.00 Lynn Peavy Company Supplies 80.50 Mallet Michael Reimburse for pizza during critical incident 111.20 Mansfield Oil Company Fuel 6,832.84 Marshall Electric Company Remove electrical boxes 911.00 Menards Tools & supplies 1,551.61 Miller Excavating Hill side gate valve & Neal Ave Imp 14,826.37 Minnesota Paving & Materials 2021 Street Project 246,277.51 MK Mechanical Inc Building equipment repairs 1,467.95 MN Chiefs of Police Assoc. Leadership academy online 350.00 Page 2 MN Juvenile Offices Association MNJOA Conference 300.00 Northern Tool J hooks 89.94 Olsen Chain & Cable Inc. Supplies 183.82 Performance Plus LLC Medical eval 183.00 Peterson Austin Reimburse for alcohol/tobacco compliance decoy 150.00 PowerDMS PowerFTO Subscription & Setup 2,650.00 Pro-Tec Design T&M Milestone upgrade 765.00 Pullen Annette Marie Critical incident therapy 330.00 Quill Corporation Office supplies 449.80 Rehn Code Consulting Services Plan Review 6,539.73 Rich Elizabeth Refund of money held as found property 27.00 Riedell Shoes Inc. Skates 535.51 River Valley Printing Inc. Letterhead & business cards 270.00 Safe Fast Inc Safety equipment & supplies 2,916.71 Schwaab Inc. Notary stamp 38.45 Sign Solutions Butyl roll 83.55 Solinst Canada Ltd Water level meter 742.86 Stillwater Motor Company Vehicle service 52.45 Stillwater Towing Towing service 225.00 Street Smart Camera trailer rentals 3,720.00 Streichers Ammo 1,867.15 Summit Companies Annual sprinkler inspection & fire alarm monitoring 1,586.07 T.A. Schifsky and Sons Asphalt 802.50 Taft Stettinius & Hollister LLP Tax increment financing inquiries 1,200.00 Team Viewer Germany GmbH TeamViewer Premium 1,188.00 Tri-State Bobcat Equipment repair supplies 264.01 Twin Cities Dots & Pop Treats for concessions 288.00 Twin Cities Transport & Recovery Winch 250.00 Uline Inc Coffee 1,838.53 Valley Trophy Inc. Engraving 89.01 Washington County Assessment & Taxation Special Assessment Billing 5,409.00 Washington County Public Safety Radio 800 Radio User Fees 10,902.18 Wolf Beth Reimburse for mileage to conference 105.00 Wruck Sewer & Portable Rental Portable Restroom 224.41 LIBRARY 16 Wins Website Maintenance 380.00 Amazon Business Materials & supplies 615.95 Blackstone Publishing Materials 133.57 Grainger AED Electrodes & Fire Panel Batteries 303.01 Hedin Sue Programs 350.00 Huebsch Service Towels & Rugs 229.74 J.D. Power & Associates Materials 272.00 KidCreate Studio/Get Messy Programs 600.00 Loffler Companies Copier/Printer 659.83 Menards Janitorial Supplies 31.16 Schroer Steven Ronald Programs 100.00 Sustainable Safari Programs 400.00 Page 3 ADDENDUM Century Link Telephone 396.25 Verizon Wireless Wireless service 3,463.33 Xcel Energy Energy 62,082.53 TOTAL 464,392.72 Adopted by the Stillwater City Council this 4th day of April, 2023 Mayor Ted Kozlowski Lift Bridge Road Race Finish Area Layout & Bus Loading –Preliminary V1 Finish line Runners (Coned if needed) Portapotties Sawhorse barricades Proposed Beer Garden Area Beer Garden Area PA Announcer Medals, Recovery food/bev Medical tent and ambulance Timing Vehicle Road Closures Bus Loading west side of Northwestern heading south 0530 to 0645 T T REVISED Lift Bridge Road Race Bus Route Back to Start –Preliminary V1 Bus Route Loading/Drop Off NOTE: Gathering Point & Water Bag Drop 10K & 5K runners walk to bus loading •Shuttling applies only to 5K and 10K runners •Buses run from 0530 to 0645 on race day with the race starting at 0700 •Runners will load buses on the west side of Northwestern to eliminate crossing the street •Course marshals and staff will be at key areas to guide runners: bus loading, bus unloading and in Washington Park •Portapotties will be scheduled to be dropped Friday and picked up Saturday •WarningLites will cone the course itself starting at Washington Park •We will be clear of the park by 0715 Lift Bridge Road Race Lilly Lake Drop Off for 10K/5K Start –Preliminary V1 Start line Runners walk up to park Bus Route Bus Drop Off NOTE: Buses run from 0530 to 0645 on race day Lift Bridge Road Race Washington Park 10K/5K Start –Preliminary V1 Portapotties Runners Walk to Park Start line 5K/10K Course No Parking and cones north side/west bound on Churchill No road closure on Churchill. Traffic will be delayed for 3-5 min. to start the race at 0700, then runners stay within coned area. Cones placed by WarningLites. Gathering Point & Water Bag Drop l water The Birthplace of Minnesota 216 41h 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 April 4, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. 2023 Downtown Parking District Fee Schedule 2. City Code Revisions 3. Xcel Energy Memorandum of Understanding Phase 1 IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief - 2022 Fire Department Annual Report 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 13. Certificate of Appreciation - Andrew Straus, Public Works Lead Worker 14. Certificate of Appreciation - Carla Knippenberg (Planning Commission) 15. Proclamation - Organ Donation Month 16. Stillwater Police Department Oath of Duty Presentation - Captain Hunter Julien X. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. 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. 17. March 21, 2023 Regular Meeting Minutes 18. Payment of Bills 19. Farmers Market Event Contract Agreement 20. Final Payment for 2021 Street Improvement Project - Resolution 21. Library Repair Projects Contract Agreement 22. Merrick Community Services Off -Site Gambling Permit at JX Venue - Resolution 23. Retail Sale of Fireworks Permit for Cub Foods 24. Roll -off Hauler License for Gorilla Dumpster Bag LLC. 25. St. Croix Crossing Half Marathon Event Contract Agreement 26. Support for State of MN Heritage Preservation Tax Credit Legislation — Resolution 27. Therapeutic Massage Business Licenses and Massage Therapist Licenses — Resolution 28. Tricia and The Toonies Performance Agreement 29. Washington County 2023 Municipal Recycling Grant Agreement XII. PUBLIC HEARINGS —when addressing Council please limit your comments to 10 minutes or less. 30. Case 2023-07 to consider Preliminary Plat and Final Plat for one new lot, and a Conditional Use Permit to allow a Car Wash at 2001 Washington Avenue — Postponed to April 18, 2023 XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 31. Lift Bridge Road Race Event and Contract Agreement 32. 72nd Street Improvement Project Approve Plans and Specifictions — Resolution 33. Downtown Lighting Project Award Agreement for Engineering Services XV. COUNCIL REQUEST ITEMS XVI. CLOSED SESSION 34. Pursuant to Minn. Stat. 13D.05 subd. 3(b) to discuss attorney -client privileged communication related to the White Bear Lake litigation XVII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda April 4, 2023 1 Water _1 THE BIRTHPLACE OF MINNES 0 TA DATE: April 4, 2023 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Consider Amending Downtown Parking District Fee Schedule BACKGROUND Over the past several years, the City has been discussing certain changes to the operation and future expansion of the Downtown Parking District. In 2019, the City Commissioned a study to gather public input and recommend certain alternatives. This study led to the creation of a Work Plan for the Downtown Parking Commission including, but not limited to, a change to the Pay Zone Structure of the District. On December 6, 2022, the City Council met to discuss the Downtown Parking Commission's recommendations and concurred to continue to explore expanding the Pay Zone of the Downtown Parking District with changes and improvements to the existing payment structure. The City Council directed Staff to engage with impacted stakeholders - specifically asking stakeholders their thoughts on potential changes and how to make the parking system better for all users. The City Council did not make formal changes to the parking system at this time, yet provided high-level direction on the Parking Commission's recommendation. On December 19, the Downtown Parking Commission met to discuss the City Council review and comments. The Commission focused on the following questions (and responses). Comment/Request Response What is the fee structure for use of Scope of Services attached to this report. Passport Mobile Payments? What will enforcement look like moving New License Plate Reader being installed forward? week of January 16 to improve efficiency of existing resources. Police Chief Mueller attended the January Downtown Parking Commission to discuss additional staffing and approach. Public Outreach/Phased Implementation Staff has obtained a quote for services from Goff Public to assist with public outreach once a decision is made. Additionally, Staff will continue a `soft rollout' approach to the new system. A number of `fail safe' backups have been implemented so that no customer that genuinely tries to comply with regulations and payments will be inadvertently ticketed. Additionally, Staff will provide a demonstration on Passport at the meeting if requested (both end -user smart phone application plus back -office staff portal). Reminder — the City will still offer Credit Card Kiosks for those without access to smart phone technology Where are all the existing `exceptions' Staff is working on quality -control and and `reserved stalls'? accuracy of our existing database and will provide an updated exhibit. Attached to this report is the existing Commissioner Map that shows known reservations. What are the broader goals of the Change driver behavior/improve change? compliance with existing regulations/increase availability of premium, convenient parking. Fund increasing gap of deferred maintenance of existing infrastructure. Funding future capacity expansion. Improve safety and available parking for Downtown Employees Provide adequate free parking for local residents On March 8, 2023, the City hosted a public workshop in an effort to obtain feedback on the potential changes. Notes from that workshop are attached for review. While there is not 100% support for the change, a majority of the attendees appeared at least somewhat supportive of the change or at least understanding of the change. Most of the conversation with attendees centered around how the City could improve on the finer details within the broader approach. On March 16, 2023, the Downtown Parking Commission met to review feedback from the public on the potential changes and recommended approval of the following changes. • Paid Zones shall be more consistent and smaller increments; $1.00/hour is proposed ($0.50 per hour could be acceptable) • All Surface Lots (1-12) and On Street Parking East of Main Street as well as the Public Parking Ramp shall be located in the Pay Zone • The Pay Zone shall be active from 10.00 a.m. to 10.00 p.m. • Main Street shall be Free 30 Minute Quick Zones (Drop Off and Pick Up) • Lots 11 and half of Lot 14 shall be dedicated for Employee Parking Permits; the Public Parking Ramp is also eligible for Employee Parking Permits, but not dedicated/reserved • The remaining Surface Lots and On Street Parking west of Main Street shall remain free and time limited Additional details can be found in the supporting documentation attached hereto. Since the Council's last review, Staff has had ongoing conversations with MnDOT about the ability to charge for parking on Main Street (also known as State Highway 95). Since this is a MnDOT owned roadway, the City would need permission from MnDOT to charge for parking on this street. MnDOT is open to the discussion, but this would require a change to their policy and might involve a revenue share. Staff recommends continuing this part of the conversation and implementation might not occur until 2024 (for this zone only). Additionally, Staff does recommend keeping part of Main Street free in the core of Downtown, but limit parking to 30 Minute Quick Zones (drop off, pick up, etc.), based on public input in the process thus far. ACTION REQUESTED Motion to recommend that the City Council approve the changes to the Downtown Parking District Fee Schedule, including a request for the 2024 Budget to include additional enforcement resources. P;o eet Pavw Lot 13 i 'iA_W Iwater •Public• ` Downtown I] Crosby Hotel ramp �1' Lot 11 Lot 8a Lot 7 1.1 Lot 10 Lot �g o d Lot 5 Lot 4 Lot 2 Legend UDowntown Parking District 0 City Parking Lot - City Parking Ramp rn Y ® Public - upper level (Crosby Hotel) Q Trailhead Parking (Lot 12) ® Private parking only (Lot 8a) Permit parking only (Lot 12) Trailers & large vehicles (Lot 12) 0 on -street handicapped 0 15 minute parking limit Y 30 minute parking limit m n Loading/unloading a� - Valet U 0 Bus loading/unloading - Bus parking -a Monthly Permits Business Permit Valid F `m . DT Resident Permit Valid o (allows overnight parking) Free parking lot (year round) `6 a • Pay parking lot (Free Nov 1-Apr 30) ° D O Available to public aft 6 pm + weekends $D L •Numbers in circles = hour limits on free parking On -street parking is free, but limited to 3 hrs unless posted for less Lot 1 (pay lot)(Free Nov 1 - Apr 30) - 98 spaces Lot 2 (pay lot)(Free Nov 1 - Apr 30) - 84 spaces Lot 3 (free lot - 3 hr) -- 33 spaces Lot 4 (free lot - 4 hr) -- 33 spaces Lot 5 (free lot - 4 hr) -- 7 spaces Lot 6 (free lot - 3 hr) -- 16 spaces Lot 7 (free lot - 3 hr) -- 16 spaces Lot 8a ("private—) -- 51 spaces Lot 8b (free lot - 4 hr) - 75 spaces Lot 9 (free lot - 4 hr) -- 30 spaces Lot 10 (free all day; overnight by permit) - 48 spaces Lot 11 (free all day; overnight by permit) - 45 spaces Lot 12 (part free all day; no overnight here) - 78 spaces (part permit only; overnight allowed here) - 23 spaces Lot 13 (free lot - 4 hr) - 14 spaces Lot 14 (free lot - 4 hr) - 85 spaces Lot 15 (free lot - 4 hr) - 97 spaces Lot 16 (free after hrs) - 60 spaces Lot 17 (free after hrs) - 75 spaces Lot 18 (free lot - 24 hr) - 22 spaces Public Ramp (pay) -- 248 spaces Public level, Crosby (pay) 52 spaces * Free public lot after 6 PM 1,290 off-street parking spaces: 1,249 general public 41 handicapped spaces 459 marked on -street spaces: 416 general public 18 handicapped spaces 8 15 minute spaces 5 30 minute spaces 17 Loading spaces 239 unmarked on -street spaces (Includes 91 on 2nd St no. of Mulberry) 1,997 total public spaces 1,494 free public spaces (74.8%) Map produced by Community Development Dept for Downtown Parking Commission January 2021 ill Ok THE BIRTHPLACE OF MINNESOTA Downtown Parking District Pay Zone Change Proposal Goals of Program Change Driver Behavior/Increase Parking Availability Address Increasing Gap of Deferred Maintenance Expand Capacity of System Improve Safety and Convenience for Downtown Employees Provide Adequate Free Parking for Stillwater Residents Utilization - Off Street 1 98 56% 11% 100% lot 1001, 1i 100% 2 84 45% 23% 9_ 1 no l0u';, 100, 3 33 88% 64% le, 10(� 1009, 100111 4 29 834'0 17% 10, :v': 100 1004- 100% 5 7 57% 43% 10G' ; 00�r 100 1009 i 00% 6 16 7590 38% 100' 94L<i, 100 l005, 94" 7 16 811`0 8190 10 oorr, lU+j 100°i ' 8b 75 65% 19% 10L 1009?b I0c, 100'? 9 30 67% +uU':; 27% 100" 100% 10011 10 48 63% 38% l U 00% 100% 91 '" 11 45 33% 100�k 004b 100% 9- 12 101 12% 11% 21% 29% 32% 39% 14°ro 229io 13 23 35% 26% 0% 22% 22% 1 43% 13% 9% 14 8 50% 63% 38% "f"` ^"" 25% 50% 15 13 1(nn% 31% I 31% 380n 16 47 79 ' 23% I """` 17 97 79" ,Uv'su 20% juu,o ivU,c iuu- V U. ramp --------- Total 248 ----- - - -- 1018 45% --------- 57% 64% ----- 80110 21% ------ 24% 31% -------- 74% 34% --------- 75"o 56% --------- 83% 19% --------- 66% 23% --------- 68% Legend: No Capacity Issues (0%- 74%Occupied) Monitor Capacity (75%- 84%Occupied) At or Approaching Capacity (85% - 92% Occupied) At Capacity (93%+ Occupied) re✓U - A— o L-Ja•Y-.W ° �n+.Yrrrr OW r�.�.d♦r 1 ♦ o, �...... c Yr. w.Y Y.YOI m .r.rrrrr��r ° O v�a.rr•r�rr.n .'rr.rY-anpp-nr+ r•r•r�.+-r-LsrY H r�Y:t •Ys4s1Y�.- .1Y A• •ar MJY ill Ok THE BIRTHPLACE OF MINNESOTA Downtown Parking District Pay Zone Change Proposal General Assumptions • Pay Zone East of Main Street • Free Zone West of Main Street • 10:00 a.m to 10:00 p.m. • $1 per Hour • Extend Your Stay via Smart Phone App • Credit Card Terminals for Non -Smart Phone Users • Business Purchased Voucher Codes (free/reduced parking) • Ability for Parking Holidays (i.e. Summer Tuesdays) • 30 Minute Pick Up Zones (Main Street) • Downtown Ambassadors • Phased Roll Out Each strategy is designed to help achieve the following study goals.... Embrace a district -wide Maximize current Identify low-cost/high- Maximize today's parking parking approach investments benefit solutions supply `_�._ ...�.. ee O y G 7k 1P �3 �G Z 0 O - M O Z �� r �1 O 2 N� i y G t-A N\rl� 36 O �� N TA 130 •r� 7 A y �O • f; y it 23 v ' t �` Z v S�Resl TA 41 �tpJi • ti '• W �Jl 1 r r r �• ?S, gee -1 r , - N��SpN s� 610 TA ,i, jam; API i Am Esri, HERE, Garmin, c lWa ter m =Nib Legend bk Pay Zone 6R\OG� N\GNP p� ., ap contributors, and Downtown Parking District Pay Zone Proposed Changes Pay Zone (General) THE BIRTHPLACE OF MINNESOTA 0 a Legend r EP me 2 s SSRSS� �vREL � rn o � r S� GNSRR`l S1R�S� N� co �P m Psi ��ND�N Svol E svol 'aPS, MV�'B�RR� a Z O A a sjv�el WES3 ki _ vol GGNES�NU'! s \Nesl west T a Z N'�3 o�pvE m weSl . okvo'-� GOMM�RG\P� Credit Card Kiosks I z - Employee Parking rn Pay Lots .0 lei zt - On Street Parking Pay Zone W c Quick Zone (Free) z c 0 r m O O Z 2 A 2 PSG GNES�N�� 51 N-A E y m C' P A 23 Z� 2 N Z - S O��vE S� NELSON P���Y O a N��SON S'C s 11wat r so �T ti `tllw Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Downtown Parking District Pay Zone Proposed Changes Pay Zones (Detailed) THE BIRTHPLACE OF MINNESOTA Improving the Downtown Parking Experience Public Engagement/Public Comment Period Winter 2022-2023 ~50% of Downtown Parking will remain Free We will improve the experience of Downtown Visitors Many Parkers will experience reduced cost We will take better care of our Downtown Employees and Businesses Downtown Parking will sustain itself and not burden Property Tax lllwaler. Supporting Policy Documents • City Council Strategic Plan (2022) • Downtown Parking Study/Downtown Parking Commission Work Plan (2019) • Economic Development Authority (EDA) Business Visits City of Stillwater Existing Conditions lllwaler. Existing Conditions 75% of System is Free $450,000 annually to operate system Aging infrastructure & payment systems City of Stillwater mmnrPhPnsivP Financial Hp-nd 1 5500,000 5450,000 5400,000 5350,000 5300,000 — s250,000 $200,000 $150,000 $100,000 $50,000 s- - 20ll' King Fund MW p 2012' 2013' 2014' 2015' 2016' 2017' 2018' 2019' 2020' General Parking Revenues Parking Ramp Revenues General Parkng Expenses Parking Ramp Expenses >t 2021' lllwater. Property Tax Funded Scenario • 3% increase in Property Tax (existing system) • Based on Annual Existing Expenses = $450,000 • $50 Annually on Median Valued Home • 3% increase in Property Tax (planned expansion) • Based on Potential Additional Annual Expenses = $400,000 • Future Ramp Debt Service, additional capital maintenance, staffing, etc. • $50 Annually on Median Valued Home City of Stillwater Utilization - Off Street r 1 98 56% 11 % c 1 2 84 45°'0 23% 1001 100% 100(4:: 3 33 88po 100 64% 1 100' 100% 100`'i 4 29 7 100 17% 1001"a 1001- 1001% 100''''. 1wyi) 5 43% 10011u I00,:' 1()U !'o 1[1U"; 100i;a 6 16 38% I00Q0 944i, 1r r;;, -:' 94%, 7 16 81% 1001% 1001 I0U. - "u' 100% 8b 75 19% 100gb 100(. 1001% t .nn; s ti91?� 9 30 670,b 1 27% 1'00'-Y6 100r, 100i".) 10 48 45 63% 38% 33% 1OWo 100`"" 1000-b 1Wl..t 11 1001� 100", 100RD 12 101 12%n 11';a 21% 29�1;6 v '?o 39' e 14% 22% 13 23 35% 26°b 0% 22% 22% 43% 13% 9% 14 8 50% b3oib 389h 1 63% 1 25% 50% 15 13 31ok "I 1 146«; 3196 38t"o 16 47 79% 23% 1000-D 100" -j 1001% 8 b 9(3`lb 17 97 79% 20% 1001,10 100% 100% ,. _ 96% 85'`0 tamp 248 45% 64'0 _ 21% j i?;, -'.-1'!;0 56% 19% 23% Legend: ® No Capacity Issues 10% - 74% Occupied) Monitor Capacity (75% 84% Occu pied) At or Approaching Capacity (85% - 92% Occupied) At Capacity 193%+ Occupied) City of Stillwater 4 n Q n Public Parking Downtown Stillwater 2020 O Lbw Poost Cmv � GAR--PYnare.rr v..r �n x„YI'Pr ,11 Tym a 1.r r».4at RI 0 u n.awr.�v.nt lieu C ,► CR �. Vanl yre p.w..wxo rl,�t..sJ e O ...e.�.....1J rbJWziP>W Ir Aa Y}'N� _ u 1 purer-f 1r1ryry� - C,�r .tl 6,e�s-t Mj - 1i xsr +sb�± - sxasa tl ♦x.Yy' a.vl.p Yprtl' M ur la � I r�K: 'Nxurx .a xl b-{.ry. iTu�r W tiJYa�aal -YN+e� P :xy-P1 nr� TAc4+x9 6�1 -+V ,F�a• L X FaYFI..�Ye,y�.xlLm '_ i� c1 'Fr.F.1J.s�1A1 P } xrt uc ■ L " rx�F� :] Zw•aaa xF.0 ®Q �... ®e ,,t , Utilization - On Street Y e x x O M- „9 O;, � %^0 A Generalized On -Street Parking Utilization LOW J Stillwater Anoka, Bemidji, Hopkins Duluth, Mankato, Fargo/Moorhead, Red Wing, St. Cloud, Wayzata, White Bear Lake, Winona Rochester varies from 30 minutes to 2 hours City of Stillwater Future Plans lllwaler. Goals of Modernizing Parking District Change Parking Behavior/Improve User Experience Implement Strategic Operational Enhancements Implement Strategic Capital Expansions City of Stillwater lllwaler. Strategies to Achieve Goals • Improve User Experience • Cleaner facilities (facilities management) • Safer facilities (public safety) • Downtown Ambassadors (enforcement) • Replace Business Mitigation Permit with End User Fee (parker) • Fund increasing gap of deferred maintenance needs • Fund capacity expansion plans (future lots/ramp) City of Stillwater Phase 1: Operational Enhancements (Complete) lllwaler. License Plate Based Enforcement EXPLORE M inneSOta JAN 10,0001akes I .EM City of Stillwater dfllwale, Mobile Payment Options PAY WITH THE APP Passport Parking o��o R 4111h VISA City of Stillwater lllwaler. Integrated Credit Card Kiosks PAY WITH THE APP PASSPORT PARKING City of Stillwater Phase 2: Changing Parking Behavior lllwaler. Broad Assumptions: System Change • 60% paid/40% free • Smaller Payment Increments/Flexibility • Free Short -Term Loading Zones/Drop Off & Pick Up Zones • Free until 10:00 a.m. • Downtown Employee Parking • Off -Peak to include Paid Parking Friday through Sunday • Free Parking Days during On -Peak (TBD) City of Stillwater lllwaler. Parker Profiles • Downtown Business • Downtown Resident • Daytime Downtown Employee • Evening Downtown Employee • Morning Quick Customer • Lunchtime Diner • Daytime Shopper • Evening Diner • Non -Downtown Resident • Seasonal River Resident • Trail User • Short Term (Vacation) Home Rentals City of Stillwater lllwaler. Downtown Business Profile • Serving Broad Range of Customers and Visitors Accommodation • Wide Range of Parking Options of Paid Premium and Free Parking Areas City of Stillwater lllwaler. Parker Profile: Downtown Resident Profile 24 Hour Parking Accommodations 24 Hour Parking Permit City of Stillwater lllwaler. Parker Profile: Daytime Downtown Employee Profile • 4-8 Hour Visit (Longer than Time Restriction) Accommodations • Discounted Downtown Daytime (6:00 a.m. to 2:00 a.m.) Parking Permit in specific zones • Free Time -Limited Parking West of Main Street City of Stillwater lllwaler. Parker Profile: Evening Downtown Employee Profile • 4-8 Hour Visit (Longer than Time Restriction) • Shift End after store closures • Additional safety needs for later hours Accommodations • Discounted Downtown Daytime or 24 Hour Parking Permit in specific zones • Discounted Downtown Daytime or 24 Hour Parking Permit in each Lot (cap per lot) • Free Time -Limited Parking West of Main Street City of Stillwater lllwaler. Parker Profile: Morning Quick Customer Profile • Coffee Pickup • 30 Minute Stay Accommodation • Paid Zone starts at 10:00 a.m. • Dedicated 30 Minute Free Parking (no payment/registration) • Business can provide Parking Voucher Codes • Free Parking West of Main Street City of Stillwater lllwaler. Parker Profile: Lunchtime Diner Profile • 60 minute +/- stays Accommodation • Free Parking West of Main Street • Premium Paid Parking East of Main Street • Ability to extend time via App City of Stillwater lllwaler. Parker Profile: Daytime Shopper Profile • 1-3 hour stays (or more) Accommodation • Free Parking West of Main Street • Premium Paid Parking East of Main Street • Ability to extend via App City of Stillwater lllwaler. Parker Profile: Evening Diner Profile • 1-2 hour stays (or more) Accommodation • Free Parking West of Main Street • Premium Paid Parking East of Main Street • Ability to extend via App City of Stillwater lllwaler. Parker Profile: Non -Downtown Resident Profile Accommodation • Local Visitor • Premium Paid Parking East of 1-3 hour visit (or more) Main Street • Free Parking West of Main Street • Ability to extend via App • Not for 24 Hour/overflow regular parking needs City of Stillwater lllwaler. Parker Profile: Seasonal River Resident Profile • 24 Hour Visit • Overnight accommodations at Marina • Seasonal Accommodation • 24 Hour Parking Permit City of Stillwater lllwaler. Parker Profile: Trail User Profile Accommodations • Longer Visit • Free Parking West of Main • Patronizing Browns Creek or Street Loop Trail • Free Trailhead Parking outside • May include additional trip to of Downtown Downtown Stores • Paid Premium Parking East of Main Street • Ability to extend via App City of Stillwater lllwaler. Parker Profile: Short -Term Home Rental Profile • 1-3 Day Visit • Overnight Accommodations Accommodations • Short -Term Home Rental Permit/Host Provided Voucher Codes City of Stillwater Downtown Parking Workshop (March 8, 2023) Comments • Should we be charging for the entire district? o Will only charging for a portion actually change parking behavior? • Need more wayfinding signage and available stall signage (dynamic) • Consider a shuttle service • Improve overnight parking for Marina Users • Improve overnight parking for Short Term Home Rentals • Add Lot #s to Parking Lot Signage • Allow patrons to stay in place for 3 days before having to move vehicle • Need at least 20 employee spots for co-op; may rotate through the day • Parking shuttles? Trolleys? • Overnight parking for STHR and hotels • Signage at lots — what # is correct? • Not good for the community — people won't pay • Why do we take parking away from public use and then make people pay for what is left? • Parking Lot north of Zephyr? • Maybe not year round? • Free pass for local residents? • Need clear signage and information for hours, holidays, etc. • QR Code is better than app you have to download • Special shuttle service for weddings, etc. • Share parking at post office • Special parking availability map • Try winter payment (charge for Off Peak Season) for surface lots only to get data before expanding further • Is the cost worth it? • Is the ramp only for employees? • Do employees have to pay? Should not. • Only charge for lots, not streets • Relate price as needed — incentivize • Marina Parking? • Enforcement on Main Street is a concern • Benefits of seasonal parking • Higher pay zone on street, lower fees in ramp • Circulator and shuttle buses to other remote lots (especially in summer for events) • Collaborate with private business owners & their parking lots • Enforcing time limits • Extending visits • Proposal strikes a good balance • Enforcement • Truck loading zones Tim Gladhill From: Dawn Thoren Sent: Thursday, December 8, 2022 7:55 AM To: Tim Gladhill Subject: FW: Visitor support - parking ordinance proposal From our general email inbox. Thanks. -----Original Message ----- From: Gabriella <> Sent: Wednesday, December 7, 2022 10:08 PM To: Stillwater<stillwater@ci.stillwater.mn.us> Subject: Visitor support - parking ordinance proposal [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. Hey I am not a resident of Stillwater, I'm over in St Paul but I wanted to share that I like to visit Stillwater a few times a year and want to share my support for switching to paid parking. As a visitor of the pumpkin regatta, it was horrible trying to find parking and it was honestly impossible. We got stuck for 25 minutes trying to get out of the packed public parking garage that should've let people know it was full before I entered. If you had paid parking with time limits, parking turnover would've allowed for more people to visit and park without so much hassle. I would happily pay to park when my family and I visit and wanted to share that. Thank you Gaby Lasala Tim Gladhill From: Robb Jacobs <> Sent: Thursday, December 22, 2022 6:17 PM To: Planning Dept Subject: Parking "Enhancements" [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. Planning Department, Having lived west of Stillwater (Manning Ave. & Co. Rd. 12) for 35 years and visiting downtown every week or so, I am firmly AGAINST installing parking meters. I've never had a problem finding a spot within 1-2 blocks of my destination. Stillwater is a unique, attractive destination - please don't screw it up with parking meters. The minimal money you'll get just isn't worth it. If meters are installed, I just won't go downtown as much. Robb Jacobs 7400 Manning Ave. N. Stillwater, MN 55082 1 Comment Cards Thank you for the opportunity for this meeting and the opportunity to provide feedback. Please keep in mind the needs of short-term home rental owners. • How will overnight parking be addressed for guests? Please label the lots in person as they correspond to the parking map online and provide to the residential parking pass holders • 1 would be happy to provide feedback at any point in the process as you work through the new system Jenny Javitch Tim Gladhill From: Brandon Lamb <> Sent: Wednesday, March 8, 2023 11:08 AM To: Tim Gladhill; Robin Anthony; Dave Junker Subject: Parking Input [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. Mr. Gladhill, Thank You and the City for offering open sessions for the community to put input in for the ever long parking debate. I will not be able to make it to either session today. I thought I would offer some input. I know I've messaged previously. Inexpensive metered parking (Similar to the cities or Hudson) for Main Street parking doesn't seem like a half bad idea as long as they're enforced. Those machines offer the guests great direction, while turning over spaces efficiently. The most common question we get asked in Candyland is "how long can we park on street". As my previous email recommended, parking enforcement also will help turn parking spots over as well as generate more for the city with ticketing. I don't want others to be ticketed, but when downtown work force parks on street for 8+ hrs/Day x 5days a week. They're going to continue doing so, because they don't get ticketed; I see it everyday. I personally park in lot 10, 11 or 13 down by Zephyr every day and walk, as does all my staff. I am not sure why the city would asses businesses that follow rules and leave local parking open for our guests when other businesses don't follow said rules. On busy weekends, I even have my staff park in the ramp & I reimburse them. My last note I'd like to mention, and I've spoke with Robin about this, is delivery trucks in Downtown. Similar to parking, many trucks are delivering to restaurants in peak hours- Blocking main street, blocking parking, blocking access to parking. This is a conversation I've had with many other business owners and doesn't seem to just be an issue on the north side of town, rather most of downtown. We often have delivery trucks pull into our personal lot, take an hour to unload to Wild Hare or Crosby, on a Saturday afternoon. I have attached a photo from the other day, this truck parked on Main Street for 1 hour and blocked cars in who wanted to leave. Doing some research in other communities, delivery trucks of this size are mandated to not deliver between 9am-10pm. This might be a good topic to consider delivery truck mandates now that our town is booming with many great restaurants! On this topic, I'm not trying to be that nag, but it does hinder our business on many occasions. Thank You all for your contributions and making our town one of this best destinations in MN! [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. Sweetly, Brandon Lamb www.CandylandStore.com R-1 z . A A THE BIRTHPLACE OF MINNESOTA Legend _ Pay Zone Downtown Parking District Pay Zone Proposed Changes Pay Zone (General) --..,,ee�S ls�11*1t SO&O 0 S E OLIVE ST 1 It 5 oil • Ear HER Far•n.!r Geog i I 1wat-er THE BIRTHPLACE OF MINNESOTA Legend Credit Card Kiosks Employee Parking Pay Lots _ On Street Parking Pay Zone �uick Zone (Free) U �i �.-ia S ("1Maa' I !ors a�71r•2 G.5 .., � -... Downtown Parking District Pay Zone Proposed Changes Pay Zones (Detailed) a�w W vP. o ----� Legend QL SzaEEz ! Credit Card Kiosks R Employee Parking Pay Lots On Street Parking Pay Zone` uick Zone (Free) 0 aV gtRE N y � IPA r. EPS� Goa m EN SSH�cS F1 i L4P1D 146 i T� ST h,VFyi� 4W q..��EPstt O TE m �SatrT 2\ 4 Ep5 G E5i LT Sj V j H N Q fi r12 F� NJ Si';JS 1P 2 S t4v'SON �LEV N StaE� 1SON 9t �� � t "'SS' A �4iti P� St�gi f 00- m VON mi a �► ��_� f����veGdr �P c5 a['11 t S Uic _ -, • Downtown Parking District ater, Pay Zone Proposed Changes Pay Zones (Detailed) THE BIRTHPLACE OF MINNESOTA � }, M�0L ME UP . 1 Water -1 THE BIRTHPLACE OF MINNES O T A DATE: April 4, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: City Code Revisions Workshop BACKGROUND This is the continuing discussion on the City Code revisions we are pursuing as part of the recodification. During the last workshop on March 7, we covered portions of Ch. 2 (Administration) and Ch. 6 (Business). For this next workshop, we will be discussing Ch. 9 (Animals) and Ch. 12 (Offenses Against Public Safety). In addition, there are some stragglers from the business section that warrant further discussion, as well as new ideas that have arisen that require Council direction. These sections have been thoroughly discussed with the City Clerk, Community Development and the Police Chief. DISCUSSION Chapter 9 — Animals We are radically simplifying the way we address dogs, bees, chickens and small animals, putting more of an emphasis on performance standards, which will be enforced through code enforcement, and less on administrative regulations. This is partly due to the time constraints on city resources and partly because the reality is that dogs, bees, and chickens do not seem to be a problem. The biggest change: We are no longer going to require a license or permit for dogs, bees, chickens or ducks. There will not be a license, inspection, notice, or approval of these animals/fowl/insects. Instead, we have set up rules that must be followed. All of the standard requirements for cleaning of shelters, not being a nuisance, impoundment, allowing city inspections and the dangerous dog provisions remain in the ordinance. Then, we have added a new section allowing small farm animals and a new section for bees. The reality is that people have goats, chickens, ducks, rabbits, etc. Now we will allow them with limitations. Small farm animals will be allowed as follows: • Only on Ag or Residential Property that has one or two dwelling units • Number of farm animals allowed: o Up to 5 chickens or ducks (combined) o Up to 2 Vietnamese pot-bellied pigs o Up to 2 animals deemed similar by code enforcement (i.e. rabbits, dove) o Up to 4 goats if have 1 acre (and 1 extra goat for each 10,000 sq. ft.). No goats if less than 1 acre. o More small animals if have 5 acres+ and all shelters are 350 feet from a residence on an adjacent lot o No roosters, drakes or bucks, unless 5 acres+ • Shelters for small animals and bee colonies: o Located in a Rear Yard only 0 25 feet from a residence on an adjacent lot 0 10 feet from any lot line o Chickens must have a fenced in run adjacent to the shelter o Goats must have a fence that prevents them from escape • Bees: o Located in Rear Yard o Limit of 2 colonies on lots less than '/2 acre (3 extra colonies for every additional'/2 acre) and must be fenced to deter access o Any home sales must comply with home occupation requirements (may have 1 sign) o Must have a water source o No limit on colonies if 5 acres+ o Fenced to prevent access Please provide input and feedback. (Ordinance is attached) Chapter 12 — Offenses Against Public Safety (new name) We cleaned up the section on Offenses and renamed it "Offenses Against Public Safety". In consultation with the Police Chief, we removed provisions that are unenforceable (i.e. "no person may use offensive, obscene or abusive language," and the prohibition on begging) or sections that are already covered in state law (i.e. disorderly conduct, worthless checks, drug paraphernalia), moved provisions to more appropriate sections of the Code (Noise 4 Nuisance, Fireworks Permits and Gambling Permits 4 Business), and we deleted odd sections (Prohibition on smoking and throwing hot and burning substances). Weapons: The Police Chief requested some changes to the regulations regarding Weapons, and during the discussion we determined that a "do over" was necessary. We are deleting the existing ordinance and introducing a section with more defined terms and V, clearer direction on where and when weapons may be possessed, carried and discharged. Possession/transport is allowed: • By Military/Police • If possess a Permit to carry (Minn. Stat. § 624.714) • For hunting • For an official training/competition • For an Exhibition/museum/art Discharge is illegal in the city unless: • At approved Firing range • Hunting as authorized by state law • By Police/Military in course of duties • In defense of property • Or Police Chief can grant an exception in Ag zone for rodent control A copy of the new ordinance is attached. Graffiti: We replaced a section entitled "Unlawful possession of spray paint containers" with a new Graffiti ordinance that addresses not just the possession, but the act of graffiti and the aftermath. (Graffiti ordinance is attached) Social Host: This is a new section that prevents anyone over 21 from providing alcohol to those under 21, even if done in a private residence or as part of a private event. There is an exception if the underage person's parents are present and they are in their parent's home. (Social Host ordinance is attached) Third Party Gift Cards: We discussed introducing this ordinance last fall, but the Police Chief wanted time to educate the retailers prior to adoption. He is now comfortable with incorporating it into the City Code revisions. The ordinance requires proof of identification when a person is purchasing a gift card to ensure the person buying the gift card matches the name on the credit card. The reason for the ordinance is that it is common practice for thieves to steal a credit card, then use the credit card to buy gift cards and then use the gift cards to buy merchandise. It is difficult to trace these types of thefts. It might be a little inconvenient for the retailer and for the shopper to show ID, but this simple step can completely eliminate this particular type of theft. (Third Party Gift Card ordinance is attached) Curfew. In the existing curfew ordinance, we deleted all of the time references and instead refer to the County's curfew ordinance, since they enforce it. We still have the sections on No Jumping off a Bridge, Predatory Offenders, Unlawful Urination, and Catalytic Converters (may be state law by now so we will confirm consistency). 3 Other Random Provisions Rental license. We have not yet drafted an ordinance on rental licensing, but a working group recently met to discuss some elements for a rental license. Before we take it further, we wanted to make sure the entire Council supported these key provisions: • Applies to any single family and multi -family rental property if rented for more than 30 consecutive days • Would not apply to Short Term Home Rental (keep existing STHR license ordinance) • No inspections required • Performance Standards would require compliance with: o Building Code o Fire Prevention Code o Public Nuisance Ordinance o All Property Maintenance provisions o Trash Ordinances o Noise Ordinance o No criminal activity o No weapons violations o No warrant arrests • Violations can result in administrative citations, criminal citations or revocation of the rental license • Landlords must have written leases with all of the tenants that includes a crime - free lease addendum (if tenant commits a crime during the term of the lease it is an automatic eviction) • Landlords must undergo a background check If acceptable, we can explore various fee structures. (per unit/per building) The City has just over 1,800 rental units (single and multi -family), not including the recently approved apartment buildings at 200 Chestnut and at 3rd/Myrtle. The benefit to the City of requiring rental licenses is to ensure that the public health, safety, and welfare of both the neighborhood and the occupants are protected. For those landowners/management companies/property owners who do not manage their properties well, the City will have a very effective enforcement mechanism. It is anticipated that the Community Development Department would be responsible for the licensing program from application through enforcement. As part of a rental license program, some cities have implemented a rental density cap, meaning that only so many properties per block can be rental. If that is something the Council would like to explore, we can pursue that additional element and bring back ideas on a percentage of rental properties that could be capped per block. Hotel License. The legislature is contemplating legislation that will allow for City's to license hotels, with a license fee not to exceed $250. The advantage would be similar to that of rental licensing, to ensure that the City has an enforcement mechanism for those who do not manage their properties/guests well. 5 Historic Properties Design Permit/Demo Permit Amendment: While we admit that the process for Historic Properties Design/Demo permits has been glitchy, overall the process is not fatally flawed. We believe that it could be streamlined with the following adjustments: • Clearer language that the Neighborhood Studies which have been prepared and adopted by the Council must be considered as part of the HPC review; • No public hearing requirement; • No automatic appeal to the Council if a permit is denied. The Council will only hear a case if the decision is appealed. This provides due process. If acceptable, we will prepare these amendments to the ordinance. Seasonal Food Vending: As recently discussed, we propose the following language to clarify seasonal food vending: (a) When and where allowed; permit required. Seasonal food vending is allowed by annual permit from May 1 through October 31, only on private property as an accessory use within the CBD zoning district, subject to the requirements of this subdivision. No seasonal food vending permits will be issued for operation on public property or public rights -of -way. (b) Exception. For purposes of this subdivision, "seasonal food vending" does not include food vending for events. The mobile food cart can remain in one spot without being moved from May — October. Dog Boarding Request. In 2019, the City amended the BP -I district to allow Dog Training as a CUP with certain performance standards: Sec. 31-515.3. - Dog training facilities in the BP -I District. All dog training facilities must meet the following performance standards: (1) A dog training facility shall include an enclosed building with restrooms. (2) A dog training facility shall have a separation of at least 500 feet as measured in a straight line from the nearest edge of the building or outside areas used by dogs (whichever is closer) to the property line of all residentially zoned property. (3) When abutting a residential district, an approved screening and landscaping plan shall be filed and developed between the two land uses. (4) Adequate off-street parking shall be provided, as determined by the City Planner. Lei (5) Indoor and outdoor areas shall be maintained in a clean and sanitary condition at all times. Solid waste material shall be removed at least daily and disposed of in a sanitary manner. (6) A dog training facility shall not be operated between 10:00 p.m. and 7:00 a.m. (7) No dogs shall remain unattended in outdoor areas. (8) No permanent outdoor pens are allowed with the exception of a separate outdoor relief area. Any outdoor areas to be used for the animal training facility, including any relief areas, shall be completely enclosed with a fence that is at least four feet in height, or all dogs utilizing a non -enclosed outdoor relief area shall be leashed at all times. No animals shall remain unattended in outdoor areas. (9) A maximum ratio of one person to two dogs is allowed in the outdoor areas at any given time. (10) No dog boarding is allowed. Dogs may only be on -site while accompanied by their owner or handler. A business owner has requested an ordinance amendment to allow dog boarding in the BP -I. We are hesitant to offer an amendment without input from the Council. 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. ATTACHMENT Proposed ordinances: Animals, Weapons, Graffiti, Social Host, Third -Party Gift Card Chapter 8 - Animals ARTICLE I. IN GENERAL Sec. _-_. Definitions. The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning. Animal control officer or animal control authority. A police officer, community service officer, or other person, or their respective departments, that is responsible for animal control operations in the City. Apiary. The assembly of one or more colonies of bees at a single location. At large. Off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined. Buck. Means a male goat. Caretaker. Any person or persons, firm, association, or corporation possessing, harboring, keeping, having an interest in or having care, custody or control of a domestic or wild animal on behalf of the domestic or wild animal's owner. Cat. Any feline animal, male or female, whole, neutered, or spayed. Colony. An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Coop. The enclosed structure for keeping or housing fowl or poultry permitted by this Chapter. Dangerous dog. Any dog that has: (1) Without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) Killed a domestic animal without provocation while off the owner's property; or (3) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Destruction costs. The costs attributed to the proper and humane destruction of a dog pursuant to Minnesota Statutes and this Chapter. Diseased animal. An animal shall be considered diseased if it has any communicable disease or is suspected by a qualified person of having any communicable disease. A rabid animal shall be one C:3 having rabies or suspected by a qualified person as having rabies. A rabid animal is a diseased animal. Doe. Means a female goat. Dog. Any canine animal, male or female, whole, neutered, or spayed. Domestic animal. Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, nonvenomous, and nonconstricting reptiles or amphibians, and other similar animals. Drake. A male duck. Fowl. A bird, such as a duck, goose, turkey, or pheasant that is used as food or hunted as game. Goat. Means an animal in the subspecies of Capra aegagrus hircus. Grazing. Means goats eating vegetation. Great bodily harm. Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Hen. Female fowl or poultry. Hive. The receptacle inhabited by a colony that is manufactured for that purpose. Honeybee. All life stages of the common domestic honeybee, apis mellifera. Maintenance costs. Any costs incurred as a result of seizing an animal for impoundment or observation, including, but not limited to, the capturing, impounding, keeping, treating, examining, securing, confining, feeding, boarding, or maintaining seized animals, whether these services are provided by the City or a City contractor. Owner. Any person or persons, firm, association, or organization or department possessing, harboring, keeping, having an interest in or having care, custody or control of a domestic animal. Police dog. A dog that is trained specifically to assist police personnel with their work. Work includes, but is not limited to, tracking and apprehending suspects, tracking of missing persons, and detecting controlled substances. Potentially dangerous dog. Any dog that: (a) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (b) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (c) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. 0 Poultry. Domestic fowls, such as chickens, turkeys, ducks, or geese, raised for meat or eggs. Proper enclosure. Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from exiting. The enclosure must not allow the egress of the animal in any manner without human assistance. Except for fowl and poultry, as provided in Section , a "proper enclosure" must meet the following minimum specifications: (1) The floor must have a minimum overall area of thirty-two (32) square feet. (2) The side walls must have a minimum height of five feet (5') and be constructed of 11-gauge or heavier wire. Openings in the wire may not exceed two inches (2"). Support posts must be one and one-fourth inch W14") diameter or larger buried into the ground eighteen inches (18") or more. When a concrete floor is not provided, the side walls must be buried a minimum of eighteen inches (18") in the ground. (3) A cover over the entire enclosure must be provided. The cover must be constructed of the same gauge wire or heavier as the side walls and must have no openings in the wire greater than two inches (2"). (4) An entrance/exit gate must be provided and be constructed of the same material as the side walls and must have no openings in the wire greater than two inches (2"). The gate must be equipped with a device capable of being locked and must be locked at all times when the animal is in the enclosure. Provocation. An act that an adult could reasonably expect may cause a dog to attack or bite. Rooster. Male fowl or poultry. Run. A fully enclosed and covered area attached to a coop where the fowl or poultry can roam. Running at large or run at large. An animal is running at large if it: (1) Is not effectively contained within a fenced area; or (2) Is on any unfenced area or lot abutting a street, alley, public park, public place or upon any other private land without being effectively restrained by chain, leash, or an electronic pet containment device from moving beyond such unfenced area or lot; or (3) Is on any street, public park, school grounds or public place without being effectively restrained by chain or leash, except for a dog within the boundaries of the public off leash dog park and the owner has verbal or physical command over the dog. 10 Service animal. Consistent with the Americans with Disabilities Act (ADA), the definition of a service animal is any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with post - traumatic stress disorder (PTSD) during an anxiety attack, or performing other duties. The work or task a dog has been trained to provide must be directly related to the person's disability. Animals whose function is to provide comfort or emotional support are not service animals under this Chapter. Substantial bodily harm. Bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ or that causes a fracture of any bodily member. Unprovoked. The condition in which the dog is not purposefully motivated or prompted. Vaccination against rabies. The inoculation of a dog or cat with a rabies vaccine. Wethers. Means a castrated buck. Wild or exotic animal. A mammal, bird, amphibian, reptile not native to the State, or may be native to the State but is not usually domesticated or a species that, due to its size, wild nature, or poisonous venom, is dangerous to humans. By way of example, but not limited to, the term includes the following: (1) Large cats, such as jaguars, cougars, lions, tigers (excluding domestic house cats); (2) Skunks, raccoons, or other types of nuisance animals; (3) Bears; (4) Members of the family Canidae, such as wolves, fox, coyote, dingoes and jackals, including cross- breeds (excluding domestic dogs); (5) Primates, such as monkeys, gorillas, baboons; (6) Poisonous snakes, constrictors; (7) Carnivorous fish, such as piranhas, northern snakeheads; (8) Pot-bellied pigs, with the exception of Vietnamese pot-bellied pigs; (9) Pigeons, and dove, whether or not they are trained; or (10)Any animal or species that is wild by nature or prohibited by Minnesota or Federal law. 11 Sec. _-_. Running at large. It shall be unlawful and a misdemeanor to permit a domestic animal or illegal wild or exotic animal to run at large, whether or not the owner is present, within the limits of the City. Dogs or cats must be continuously under restraint on a leash and accompanied by a person reasonably able and effectively restraining the dog or cat. The City may charge the owner for all costs incurred in capturing, impounding, and maintaining of an animal running at large. Sec. _-_. General provisions. Subd. 1. Rabies control. Vaccination of Dogs and Cats. (1) Every dog or cat shall be vaccinated against rabies. Dogs and cats shall be vaccinated within thirty (30) days after they reach the age of six (6) months. Unvaccinated dogs or cats acquired or moved into the City must be vaccinated within thirty (30) days of purchase or arrival, unless under six (6) months of age as specified. (2) Revaccination. Every dog or cat shall be vaccinated one (1) year after initial vaccination, and thereafter at three (3) year periods, with modified live virus vaccines or inactivated vaccines having a three (3) year duration, or annually if any other shorter duration vaccine is used. Subd. 2. Maintaining multiple animals. No more than a total of five (5) dogs and cats be maintained at one (1) residence. The number of farm and small animals allowed shall comply with section of this Chapter. Subd. 3. Basic care. All animal owners shall provide kind treatment, sufficient shelter, and sufficient food and water for the animals' comfort. All structures, enclosures, pens, and yards where animals are permitted or kept must be maintained in a clean and sanitary condition and animal waste must be removed on a regular basis to keep the area free from objectionable and unsanitary feces and odors. Sec. - . Nuisances. Subd. 1. Noisy animals. No person shall keep or harbor an animal which habitually barks, cries or creates a noise in a manner which disturbs the peace and quiet of any street, neighborhood, or public place at any time of day or night. "Habitual barking" shall be defined as barking for repeated intervals of at least three (3) minutes with less than one (1) minute of interruption and audible off the owner's or caretaker's premises. Subd. 2. Damage to property. No person having the custody or control of a domestic animal shall permit the animal to damage any lawn, garden or other property, public or private, or to micturate or defecate on private property without the consent of the owner or possessor of the property. Subd. 3. Removal of Animal Waste Required. The owner or keeper of any animal shall be responsible for the immediate removal and proper disposal of any feces deposited by such animal on any property, public or private, not owned or exclusively occupied by the owner or keeper. The owner or keeper of any animal shall also be responsible for the periodic removal and proper disposal of feces deposited by such animal on property owned or exclusively occupied by such owner or keeper so as to prevent the creation of a public nuisance within the meaning of this Chapter. 12 Subd. 4. Attacks unlawful. Unless exempted by Minnesota Statutes or this Chapter, it shall be unlawful for any owner's or caretaker's domestic or wild animal to inflict great bodily harm or substantial bodily harm to any person or any animal regardless of whether the owner or caretaker is present. Subd. 5. Animals presenting imminent danger. If an animal control officer or police officer has reason to believe that an animal is diseased, presents an immediate danger to the health and safety of any person, or the animal is in the process of attacking any person, the officer may immediately destroy the animal in a proper and humane manner. In the alternative, the officer may seize the animal and confine the animal as set forth in subsection of this Chapter and applicable Minnesota Statutes. The owner of the animal presenting an imminent danger is responsible for all destruction and maintenance fees. Subd. 6. Biting; other animals. Any other animal that has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or kennel approved by the animal control authority. If, after a complete examination by a licensed veterinarian, the animal has no clinical signs of rabies it may be released to the owner, or, in the case of a stray, it shall be disposed of in accordance with applicable laws. If the licensed veterinarian deems it necessary, the animal shall be euthanized and examined for rabies by the State Department of Health. The owner, if known, shall be responsible for impoundment, maintenance, and destruction costs and veterinarian fees for such animal. Unclaimed animals will be disposed of pursuant to subsection of this Chapter. Sec. - . Wild and exotic animals. Subd. 1. Wild or Exotic Animals Prohibited. The owning, keeping, maintaining, or selling of wild or exotic animals, is prohibited. The animal control officer or any licensed peace officer shall be empowered to immediately impound any wild or exotic animal found within the City, and to seek whatever legal process is necessary to enter private property to carry out this directive. It is not a defense to allege that the animal has been tamed or born and/or raised in captivity. Subd. 2. Exceptions. This Section does not apply to: (1) Animals that are temporarily brought into the City for the purpose of participating in an educational program, circus or show, if protective measures are provided to adequately prevent such animals from escaping or injuring the public; (2) Unconfined wild native animals presently indigenous to the County that roam free; or (3) Wild native animals kept in confinement by zoos, circuses or nature centers, if protective measures are provided to adequately prevent such animals from injuring the public are provided. ARTICLE II. DOGS Sec. _-_. Dangerous dogs and potentially dangerous dogs. Subd. 1. Adoption of state law. Minnesota Statutes Sections 347.50 through 347.565, are hereby adopted. 13 Subd. 2. Determination of potentially dangerous or dangerous dog. A City animal control officer or other law enforcement official shall be responsible for determining whether a dog is a potentially dangerous dog or dangerous dog. (1) Notice of Determination. Upon a determination by the animal control officer or other law enforcement official that a dog is potentially dangerous or dangerous, the City shall provide the owner with notice of the determination by delivering or mailing the notice to the owner of the dog, or by posting a copy of the notice at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include: (a) A description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept; (b) A statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to do so within fourteen (14) days of the date of the notice will terminate the owner's right to a hearing under this Section; (c) A statement that if an appeal request is made within fourteen (14) days of the notice, the owner must immediately comply with the requirements of Minnesota Statutes Section 347.52, paragraphs (a) and (c), and until such time as the Hearing Officer issues an opinion; (d) A statement that if the Hearing Officer affirms the dangerous dog declaration, the owner will have fourteen (14) days from receipt of that decision to comply with all other requirements of Minnesota Statutes Sections 347.51, 347.515, and 347.52; (e) A form to request a hearing under this subsection; (f) A statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or Hearing Officer finds that the seizure or impoundment was not substantially justified by law. (2) Right to an Administrative Appeal. An owner may appeal a determination that its dog is potentially dangerous or dangerous by filing a written request for a hearing pursuant to City Code Section stating that the owner contests the designation accompanied by a non-refundable filing fee, within fourteen (14) days of the service of the potentially dangerous or dangerous dog determination. (a) Untimely Appeals. If a timely appeal is not filed, the owner of a potentially dangerous or dangerous dog must comply with the applicable requirements set forth in this Section and Minnesota Statutes Sections 347.50 through 347.565. (b) Timely Appeals. If a timely appeal is filed from a determination that a dog is potentially dangerous, the owner must immediately comply with the requirements of subsection E of this Section, until such time as an opinion is rendered. If a timely appeal is filed from a determination that a dog is dangerous, the owner must immediately comply with the requirements of Minnesota Statutes Section 347.52, paragraphs (a) and (c), and until such time as an opinion is rendered. 14 (c) Hearing Process. If a timely appeal is filed, a hearing shall be held within fourteen (14) days after the City's receipt of the appeal and the following procedures shall be followed: i. The City shall appoint an impartial Hearing Officer, which may be from the Office of Administrative Hearings, to conduct the appeal. ii. Both parties may be represented by counsel, shall have the opportunity to present testimony, be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply. The Hearing Officer shall receive and give weight to the evidence, including hearsay evidence. iii. The Hearing Officer has the authority to do any of the following, or a combination thereof: (a) Uphold the declaration and require the owner to comply with all provisions of this subsection within fourteen (14) days; or (b) Overturn the declaration and make findings that no violation has occurred. iv. If the declaration is upheld, the owner shall pay for the actual costs of the hearing, not to exceed one thousand dollars ($1,000.00). v. Failure to appear at the hearing shall result in a default judgment against the party who fails to appear. If the owner fails to appear, the declaration shall be upheld and the fee for the cost of the hearing shall be imposed. If the City fails to appear, the declaration shall be dismissed, and the filing fee shall be refunded to the owner. vi. The Hearing Officer shall issue a written decision within fourteen (14) days of the hearing. The decision shall be personally delivered to the owner or sent by registered mail. The decision of the Hearing Officer is final. (3) Exemption. Dogs may not be declared dangerous if the threat, injury or damage was sustained by a person: (a) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (b) Who was provoking, tormenting, abusing or assaulting the dog or who can be known to have repeatedly in the past, provoked, tormented, abused or assaulted the dog; or (c) Who was committing or attempting to commit a crime. Subd. 3. Dangerous dog review. Beginning six (6) months after a dog is declared a dangerous dog, the owner may request annually that the animal control officer review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control officer finds sufficient evidence that the dog's behavior has changed, then the officer may rescind the dangerous dog designation. 15 Subd. 4. Dangerous dog registration. No person may own a dangerous dog unless the dog is annually registered with the City. The owner of a dangerous dog shall pay a registration fee. The fee, as established in the City's fee ordinance, shall be paid on or before January 1 of each year. Such registration will be issued to the owner of a dangerous dog after the owner presents sufficient evidence to the animal control officer that: (1) A proper enclosure exists for the dangerous dog and the premises are posted with a clearly visible sign that includes a warning symbol of a dangerous dog on the property, including a warning symbol to inform children. The warning symbol must be the uniform symbol issued by the City that was provided by the Commissioner of Public Safety. (2) The owner has obtained a surety bond or policy of liability insurance in the sum of at least three hundred thousand dollars ($300,000.00) insuring the owner for any personal injuries inflicted by the dangerous dog. (3) The owner has paid the annual dangerous dog registration. (4) The owner has had microchip identification implanted in the dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. (5) The owner provides proof that the dog has been sterilized. If the owner does not sterilize the dog within thirty (30) days of being notified of this requirement, the City may seize the dog and have it sterilized at the owner's expense. Subd. 5. Potentially dangerous dog regulation. No person may own a potentially dangerous dog unless the dog is annually registered with the City. Such registration will be issued to the owner of a potentially dangerous dog after the owner presents sufficient evidence to the animal control officer that: (1) Within fourteen (14) days of receiving a determination that the dog is potentially dangerous, that the dog has a microchip implanted for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. (2) When the potentially dangerous dog is outside, the potentially dangerous dog must be muzzled and under the physical control and restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. Subd. 6. Pre -registration inspections. Prior to the issuance of any tags for a new registration of a dangerous dog or potentially dangerous dog, a pre -registration inspection of the premises to ensure compliance with this Code may be required. The City shall be allowed at any time to inspect the dog, the proper enclosure and all places where the dog is kept. Subd. 7. Notification requirements upon death or relocation. 16 (1) Relocation or Death. The owner of a dog that has been declared dangerous or potentially dangerous must notify the Police Department in writing if the dog is to be relocated from its current address or if the dog has died. The notification must be given in writing within thirty (30) days of the relocation or death. The notification must include the current owner's name and address, and the new owner's name and the relocation address. If the relocation address is outside of the City, the City may notify the local law enforcement agency of the transfer of the dog into its jurisdiction. (2) Renter's Obligations. A person who owns or possesses a dangerous or potentially dangerous dog and who will rent property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal periods that the person owns or possesses a dangerous or potentially dangerous dog that will reside at the property. A dog owner who is currently renting property must notify the property owner within fourteen (14) days of City notification if the owned dog is newly declared as dangerous or potentially dangerous and the owner keeps the dog on the property. (3) Transfer of Ownership into the City. No dog that has been previously determined to be dangerous or potentially dangerous by another jurisdiction shall be kept, owned or harbored in the City, unless the dog's owner complies with the requirements of this Section prior to bringing the dog into the City. Dogs in violation of this Section are subject to impoundment and destruction. Subd. 8. List posted. For the purposes of public notification and public safety, the City may post a list of potentially dangerous dogs and dangerous dogs on the official City internet site. Sec. _-_. Impoundment, seizure, and redemption procedures. Subd. 1. Authority to impound. The animal control officer has the authority to seize and impound in the following circumstances: (1) Any domestic animals found running at large in the City. (2) Any domestic animals found to be habitually barking or crying as described in subsection of this Chapter provided there has been at least one (1) other documented incident for the same owner or the same animal during the six (6) months prior. (3) Any animal that is not being provided with basic care as described in subsection of this Chapter. (4) Any animal that attacks another animal as described in subsection of this Chapter. (5) Any animal that is presenting an imminent danger as described in subsection of this Chapter. (6) After fourteen (14) days, any designated potentially dangerous or dangerous dog that has not been properly registered, cared for or possessed pursuant to the requirements of this Chapter and Minnesota Statutes. Subd. 2. Redemption of impounded animals. Any animal may be redeemed from impound by the owner after payment to the Police Department of any applicable registration fee for the current year, as well as 17 impounding fees and maintenance costs for each day the animal is confined by the animal control authority and the satisfaction of any additional requirements of this Section. Subd. 3. Release of impounded animals. Upon the presentation of any applicable registration tag and receipt for a dog as well as the payment of the fees and costs provided in subsection B of this Section, the animal control authority shall release or cause to be released to any owner the dog, cat or other animal claimed. (1) A dangerous and potentially dangerous dog shall not be released until the dog owner satisfies the requirements of this Chapter and Minnesota Statutes. (2) Where an animal has been seized due to a lack of basic care or due to disease, the animal shall not be released to the owner until such release is approved by a licensed veterinarian and the animal control authority. Subd. 4. Disposition of unclaimed animals. Any unclaimed animal will be disposed of within five (5) calendar days after impounding in accordance with the contract in place with the designated pound facility. Subd. 5. Procedure for seizure of animals when owner is not present. For any of the circumstances described in this Section, any police officer or animal control officer may enter upon private property to seize and impound an animal if: 1. The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; and 2. The seizure will not involve the forced entry into a private residence. Use of a passkey obtained from a property manager, landlord, innkeeper, or other authorized person to have such key shall not be considered unauthorized or forced entry; and 3. Written notice of the seizure and impoundment is left in a conspicuous place where the dog is kept, and if possible, the owner is contacted by telephone. Subd. 6. Special provisions for seizure and confinement of attacking animals. Any animal that attacks a person and such attack results in an abrasion or puncture of the victim's skin or where the victim requires the services of a doctor, the attacking animal shall be confined pursuant to the following procedure and Minnesota Statutes: (1) Confinement in City Pound. Any animal that has not been inoculated by a live modified rabies vaccine shall be confined in the City pound for a period of not less than ten (10) days, at the expense of the owner. The animal may be released at the end of such time if healthy and free from symptoms of rabies and upon the payment of all maintenance costs by the owner; or (2) Alternative Hospital Confinement. The owner of the animal may elect to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital within Washington County, and provide immediate proof of such confinement; or 18 (3) Home Confinement. If the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the animal to the owner's property within a proper enclosure. Sec. _-_. Destruction of certain animals. After the animal control officer has provided the owner with notice, the animal control officer, Police Chief, Hearing Officer, or City Council is authorized to order the proper and humane destruction of any animal upon a finding that: (1) The animal has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; or (2) The dog has been designated as dangerous, the owner's right to a hearing and appeal has been exhausted or expired, and the owner has failed to comply with the provisions of this Section or Minnesota Statutes; or the owner has voluntarily waived his right to administrative or judicial review and requests that the dog be destroyed, a court orders that the dog be destroyed; or (3) The dog inflicted substantial or great bodily harm on a human being without provocation and the owner of the dog has had the opportunity for a hearing before an impartial Hearing Officer; or (4) The owner of the animal has habitually demonstrated an inability or unwillingness to control the animal and that lack of control results in injury to persons or other animals; or (5) The animal is so severely injured or sick that it is suffering and it will not likely survive and the owner cannot be immediately located; or (6) It is determined that the animal is infected with rabies; or (7) The animal presents an imminent danger to the health and safety of any person or the animal is in the process of attacking any person; or (8) The dog acted under any of the circumstances set forth in Minnesota Statutes Section 347.56. Sec. _ _. Interference with officers. No person shall in any manner hinder or interfere with any person authorized by the City Council to discharge their duties under this Section. Sec. _-_. Concealing animals. No person may harbor, hide, conceal or refuse to produce to an animal control officer or police officer an animal that has been ordered into custody. ARTICLE Ill. -FARM AND OTHER SMALL DOMESTIC ANIMALS. Subd. 1. Number of animals. An owner or occupant may keep up to the following number of farm or other small animals on residential and agriculturally zoned property that has one or two dwelling units: (1) Five fowl or poultry (or combination thereof); or (2) Four goats on a lot or lots that total at least 1 acre, with one additional goat allowed per every 10,000 square feet of lot area over 1 acre; or 19 (3) Two Vietnamese pot-bellied pigs; or (4) Two animals deemed similar by the Code Enforcement Officer. (5) A property owner or occupant may keep more than the allowable number of the aforementioned animals if the property upon which the animals are kept is greater than five acres, and there is at least 350 feet between the animal enclosure and a residence on any adjacent property. Subd. 2. Animal enclosures and shelters. (1) Construction and size. Every building, enclosure or shelter where any animal is kept will be constructed of material and in a manner that allows it to be kept clean and sanitary. No more than one animal enclosure, which shall be no greater than 120 square feet, shall be located on a residential lot. (2) Location of small animal shelters. A small animal shelter must be located on the lot as follows: (a) In a rear yard not adjacent to a street; (b) Not closer than 25 feet from any residence other than the residence occupied by the owner or occupant of the premises where the animals are kept; (c) Set back at least ten feet from any property line. (3) Cleaning animal shelters. All small animal shelters and yards where animals are kept must be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. (4) Fowl and poultry requirements: (a) Fowl or poultry may not be kept inside a residential house or a garage unless the fowl or poultry is under six (6) weeks of age for brooding purposes. (b) The owner or occupant must provide a run for poultry that is attached to the proper enclosure, which shall be fully enclosed on the sides with wire or mesh fencing or netting that is at least six feet in height. (c) No roosters or drakes are allowed, except on agriculturally zoned property with more than five acres. (d) Slaughtering of fowl or poultry on the premises is prohibited. (e) Poultry shall not be allowed to free range. (5) Goat requirements: (a) Does and wethers are permitted; no bucks are allowed, except on agriculturally zoned property with more than five acres. 20 (b) Goats must be kept in a rear yard and a fence of sufficient height and strength shall be erected to contain and confine the goats on the premises. Any permanent fence shall comply with all fencing requirements of the City Code. The fenced in area for the goats shall be located at least 150 feet from a residence on any adjacent property. (6) City Inspections. The city, upon the receipt of a complaint, shall be allowed to inspect any structure or premises and issue any order as may be necessary to carry out the provisions of this section. ARTICLE IV. BEEKEEPING Subd. 1. Purpose. Recognizing the importance of pollinators, the City wishes to encourage beekeeping within the community, while establishing requirements to protect the health, safety and welfare of the public. Subd. 2. Number of Colonies. A person may establish an apiary on residential and agriculturally zoned property that has one or two dwelling units with the following number of colonies of honeybees: (1) Two colonies for parcels that are one-half acre lot or less; (2) Three additional colonies allowed per every additional % acre; (3) A person may keep more than the allowable number of the colonies if the property upon which the colonies are kept is greater than five acres. Subd. 3. Performance Standards. (1) Location of colonies. Colonies must be located on the lot as follows: (a) In a rear yard not adjacent to a street; (b) At least 25 feet from any residence on the lot or any adjacent lot; (c) Set back at least ten feet from any property line. (2) Fencing. Colonies must be fenced to prevent or deter unauthorized access. Fencing need not be permanent, and may be made of wire or mesh fencing or netting. (3) Water and Food Supply. A convenient source of water must be readily available on the premises at all times. All materials used to feed bees must be stored in sealed containers or placed within a building unless it is inside the hive. Subd. 4. Sales of products. Public sales of bee products may occur on the premises pursuant to the following requirements: (1) Food products and packaging of all bee products must comply with State and Federal laws. 21 (2) Occupant must comply with home occupation requirements pursuant to City Code Section _ (3) One sign may be placed on the premises, not to exceed 6 square feet in size. Subd. 5. City Inspections. The city, upon the receipt of a complaint, shall be allowed to inspect any structure or premises and issue any order as may be necessary to carry out the provisions of this section. Chapter 12 — Offenses Against Public Safety Sec. _-_. Weapons. Subd. 1. Definitions. The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning: Ammunition. Ammunition or cartridge cases, primers, bullets or propellent powder designed for use in any firearm. Ammunition does not include ornaments, curiosities or souvenirs constructed from or resembling ammunition or ammunition components that are not operable as ammunition. Antique firearm. Any firearm, including any pistol, with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899 and any replica of any firearm described herein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rimfire or conventional centerfire ammunition or uses conventional rimfire or conventional centerfire ammunition which is not readily available in the ordinary channels of commercial trade. Assault weapon. Any weapon other than a firearm or military type weapon having the personal assault characteristics of any sap, nunchucks, blackjack, slungshot, slingshot, sand club, chain club, metal knuckles, shurikens or yawara stick. Bb gun/air gun. Any weapon from which is propelled any missile, projectile, or other mass, measuring eighteen -hundredths inch (0.18") or less in diameter, through a barrel by means of gas or air. Bow and arrow. Any device which is made of a strip of flexible material (such as, but not limited to, wood) with a cord connecting the two (2) ends and holding the strip bent and that is used to propel an arrow, which usually has a slender shaft, a pointed head, and feathers at the butt. Bow and arrow target range. Any area so designated by the Director of Public Safety. Concealed manner. Having the object on the person in such a manner that it is not completely visible to any other person. Dangerous weapon. Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated to or 22 likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm. As used in this definition, "flammable liquid" means any liquid having a flash point below one hundred degrees Fahrenheit (1009F.) and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred degrees Fahrenheit (1002F.) but does not include intoxicating liquor as defined in Minnesota Statutes Section 340A.101. As used in this definition, "combustible liquid" is a liquid having a flash point at or above one hundred degrees Fahrenheit (1009F.). Firearm. Any weapon from which is propelled any missile, projectile, bullet, or other mass through a barrel by means of explosives or gas or air, excluding devices used exclusively for the firing of stud cartridges, explosive rivets or similar industrial apparatus and instruments or equipment when used by licensed physicians or veterinarians in the course and scope of their professions. "Firearm" does not include a BB gun, an air gun, a scuba gun, a stud gun, or nail gun used in the construction industry or children's pop guns or toys, nor does the term include an "antique firearm." Handgun. Any firearm having a barrel of less than twelve inches (12") in length and capable of being concealed on the person. Knife. Any dirk, dagger, stiletto, switchblade knife, spring blade knife, push button knife, folding knife with a blade in excess of four inches (4"), machete, bayonet or any fixed bladed knife carried in a concealed manner or within reach of any person in a motor vehicle. Landowner. Any person, group, firm or corporation owning, leasing, or legally controlling any lands within the City. Military type weapon. Any destructive device, and the ammunition designed only for such device, having firepower, mass, explosive or incendiary characteristics of weapons such as cannons having a bore diameter larger than one-half inch ('12"), bazookas, machine guns, fully automatic weapons, mortars, grenades or molotov cocktails, but not including shotguns, rifles, pistols or revolvers. Nunchucks. Any device constructed of two (2) solid cylindrical objects joined together on one end by a chain, rope, thong, or other such material. Officially recognized training or competition. All training or competitions held under the sponsorship of a bona fide target shooting or sportsperson's club or bona fide educational program. Pistol. A firearm designed to be fired by the use of a single hand and with an overall length less than twenty six inches (26"), or having a barrel or barrels of a length less than eighteen inches (18") in the case of a shotgun or having a barrel of a length less than sixteen inches (16") in the case of a rifle: (1) from which may be fired or ejected one (1) or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas or vapor. Pistol does not include a BB gun, an air gun, a scuba gun, a stud gun or a nail gun used in the construction industry or children's pop guns or toys, nor does the term include an antique firearm. Secured container: A locked case legibly marked "weapon", having no mechanical features designed for immediate weapons removal or use and containing no other nonrelated objects; except, that a 23 "secured container" for a rifle, shotgun or bow and arrow may mean a weapon case, such as leather, fiber, canvas, or plastic, secured with a zipper, clasp, buckle or ties. Shuriken. Any metal device which has the shape of a multiple pointed star, each point being sharpened, and primarily designed to be thrown. Single projectile. Any single projectile, whether contained in a metallic, paper, plastic or other cartridge, including any method of loading muzzleloader which results in a single projectile being discharged. Written permission. A writing that includes the following: the full name, address, date of birth and signature of the person authorized to hunt or shoot; express authorization to hunt or shoot on identified lands; the full name, address and signature of the landowner. Yawara stick. Any cylindrically shaped object which has spheres on both ends and measures less than ten inches (10") in length. Subd. 2. Possession, carrying and transporting weapons. (1) Possession of Certain Weapons Prohibited. No person, except military personnel or peace officers engaged in the course of their duties, shall keep, carry or have in their possession, on any public street or while trespassing upon the premises of another or in a public place, any military type of weapon, assault weapon, knife or stolen weapon, unless the person holds a permit to possess the same as collector's items or for use in officially recognized training or competition. (2) Firearms. No person shall carry or possess any firearm on, in or upon any public property located within the City, except as provided for the purpose of taking wild game in compliance with Section of this Chapter, upon an authorized firing range or pursuant to the exemptions in subdivision E. It is unlawful to transport in any manner whatsoever, whether by person or by vehicle of any type, whether motorized or not, any firearm, including a muzzleloading firearm, unless: (1) the firearm is unloaded in both barrels and magazine and contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed, or (2) the firearm is unloaded and in the trunk of a car with the trunk door closed. A muzzleloading firearm with a flintlock ignition is fully unloaded if it has no priming powder in any pan, and a muzzleloading firearm with percussion ignition is fully unloaded if it has no percussion cap on a nipple. This Section shall not be construed to limit the right to carry or possess pistols as provided by Minnesota Statutes Section 624.714 and shall not apply to any pistol carried, possessed, or transported in accordance with Minnesota Statutes Section 624.714. (3) Bows and Arrows. No person shall transport a bow and arrow in any manner whatever, whether by person or by vehicle of any type, whether motorized or not, unless: (1) unstrung, (2) completely contained in a case, or (3) contained in the trunk of the car with the trunk door closed. (4) Other Dangerous Weapons. No person shall carry or possess any other dangerous weapon except as allowed by this Chapter. No person shall transport any dangerous weapon in any manner whatever, whether by person or by vehicle of any type, whether motorized or not, unless completely contained in a secured container or confined in the trunk of the car with the trunk door closed. 24 (5) Exemptions. This Section shall not be construed to limit the right to carry or possess pistols as provided by Minnesota Statutes Section 624.714 and shall not apply to any pistol carried, possessed, or transported in accordance with Minnesota Statutes Section 624.714, nor shall this Section apply to antique firearms or ammunition designed solely for use in an antique firearm. Subd. 3. Discharge restricted. (1) Firearm or BB Gun/Air Gun. No person shall fire or discharge any firearm or BB gun/air gun within the City, except as provided for the purpose of taking wild game as defined in Section of this Chapter or upon an authorized firing range. (2) Bow and Arrow. No person shall discharge any bow and arrow within the City, except as provided for the purpose of taking wild game as defined in Section of this Chapter or upon an authorized bow and arrow target range. Subd. 4. Firearms. (1) Firing Ranges. The terms of this Section shall not prohibit the possession or discharge of firearms upon a firing range, either indoor or outdoor, provided such range is properly equipped and supervised to ensure reasonable safety as determined by the certificate of the Director of Public Safety or pursuant to licensing ordinances enacted for such ranges. No firing range shall be constructed without prior investigation by the Department of Public Safety and approval of the City Council. (2) Reckless Use Prohibited. No person shall do any of the following: (a) Recklessly handle or use a firearm, other dangerous weapon or explosive so as to endanger the safety of another. (b) Intentionally point a firearm, whether loaded or unloaded, at or toward another. Subd. 5. Exemptions from provisions. (1) Nothing in this Chapter prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purpose of public exhibition. (2) This Chapter shall not apply to public law enforcement officers or members of the armed services of either the United States or the State in the lawful performance of their duties. (3) Nothing in this Section shall be construed to prohibit the lawful possession of a firearm within the home or the discharge of the same when done in the lawful defense of a person or property. (4) The Director of Public Safety, upon the showing of a need, may grant exceptions through a permit to this Chapter for the purposes of rodent control on agriculturally zoned land. All weapons used in the control of rodents shall conform to regulations established in this Chapter 25 (5) This Chapter shall not be construed to limit the right to carry or possess pistols as provided by Minnesota Statutes Section 624.714 and shall not apply to any pistol carried, possessed or transported in accordance with Minnesota Statutes Section 624.714 (6) This Chapter shall not be construed to prohibit or limit legal hunting that is authorized by state law. Sec. - . Graffiti Prevention. Subd. 1. Purpose and intent. (1) Purpose. The City Council is enacting this Chapter to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. Unless the City acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City. (2) Intent. The City Council intends, through the adoption of this Chapter, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The Council does not intend for this Chapter to conflict with any existing anti -graffiti State laws. Subd. 2. Definitions. The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning: Aerosol paint container. Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property. Broad -tipped marker: Any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width is greater than one-fourth inch ('14"), containing ink or other pigmented liquid that is not water soluble. Etching equipment. Any tool, device, or substance that can be used to make permanent marks on any natural or human -made surface. Graffiti. Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property or, despite advanced authorization, is otherwise deemed a public nuisance by the City Council. Graffiti implement. An aerosol paint container, a broad -tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or human -made surface. C Paint stick or graffiti stick. Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one - eighth inch (%8') in width. Person. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. Subd. 2. Prohibited acts. (1) Defacement. It shall be unlawful for any person to apply graffiti to any natural or human -made surface on any City -owned property or, without the permission of the owner or occupant, on any non -City - owned property. (2) Possession of Graffiti Implements: (a) Minors at or Near School Facilities. It is unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provision of this subsection does not apply to the possession of broad - tipped markers by a minor attending or traveling to orfrom a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad - tipped markers. The burden of proof in any prosecution for violation of this subsection is upon the minor student to establish the need to possess a broad -tipped marker. (b) Designated Public Places. It is unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the City or while in or within fifty feet (50') of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the City. Subd. 3. Removal of graffiti; costs. (1) Responsibility for Removal. It is the duty of the owner or person in possession of the property to which the graffiti has been applied or the perpetrator, if known, to remove graffiti. Where graffiti is applied by an unemancipated minor, the parents or legal guardian is also responsible for such removal or for the payment for the removal. (2) Graffiti that is not removed following notice and time to cure shall be deemed a nuisance and subject to abatement pursuant to City Code Section Sec. - . Social Hosts. Sub. 1. Purpose and findings. The City Council intends to discourage underage consumption of alcohol, even if done within the confines of a private residence and intends to hold persons criminally responsible who host events or gatherings where persons under twenty-one (21) years of age consume 27 alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council finds that: (1) Events and gatherings held on private or public property where alcohol is consumed by persons under the age of twenty-one (21) are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement. (2) Events and gatherings held on private or public property where alcohol is consumed by persons under the age of twenty-one (21) disturb neighbors, damage property, and jeopardize their own or others' safety. (3) Events and gatherings held on private or public property where alcohol is consumed by persons under the age of twenty-one (21) are responsible for a disproportionate expenditure of public safety resources which can delay or reduce the ability of the police, fire, or EMS to respond to other emergencies. (4) Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol related traffic collisions. (5) Often, events or gatherings involving underage consumption occur outside the presence of parents or other responsible adults. However, there are times when the parent or other adult is present and condones the activity, and, in some circumstances, provides the alcohol. (6) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. (7) A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage consumption occurs. Sub. 2. Definitions. The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning: Alcohol: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. Alcoholic beverage: Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which his fit for beverage purposes either alone or when diluted, mixed or combined with other substances. Event or gathering: Any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity. Host or allow: To aid, conduct, sponsor, entertain, organize, supervise, control, or permit a gathering or event. 28 Parent: Any person having legal custody of a juvenile: as a natural parent, adoptive parent, or stepparent; as a legal guardian; or as a person to whom legal custody has been given by order of the court. Person: Any individual, partnership, partnership, corporation, or any association of one (1) or more individuals. A person does not include any city, county, or state agency. Residence or premises: Any location, including a home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. Underage person: Any individual under twenty-one (21) years of age. Sub. 3. Prohibited acts. (1) It is unlawful for any person to host or allow an event or gathering at any residence or premises where alcohol or alcoholic beverages are present and underage persons may also be present if the person hosting the event or gathering knows or reasonably should know that the underage person will or does consume any alcohol or alcoholic beverage. (2) A person is criminally responsible for violating subsection A of this Section if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (3) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. Sub.4. Exceptions. (1) This Chapter does not apply to conduct solely between an underage person and their parents while present in the parent's household. (2) This Chapter does not apply to legally protected religious observances. (3) This Chapter does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. Sec. _ _. Procurement of Third -party gift cards Subd. 1. Purpose. The fraudulent procurement of third -party gift cards at retail establishments in the city has become a widespread problem. These incidents affect numerous victims and require considerable law enforcement resources to investigate. By adopting these provisions, the City Council desires to protect the health, safety, and welfare of all persons living in the city, visiting the city, and operating businesses within the city by deterring the fraudulent procurement of third -party gift cards at 29 retail establishments and conserving the limited amount of time, energy, and resources available to local law enforcement agencies when investigating said behavior Subd. 2. Definitions. The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning: Financial Transaction Card. Any instrument or device, whether known as a credit card, credit plate, charge plate, courtesy card, bank services card, banking card, check guarantee card, debit card, electronic benefit system (EBS) card, electronic benefit transfer (EBT) card, assistance transaction card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining credit, money, goods, services, public assistance benefits, or anything else of value, and includes the account or identification number or symbol of a financial transaction card. Third -Party Gift Card. A reloadable or non-reloadable prepaid card sold at retail establishments and used to make purchases via any credit card, bank card, or other monetary card network, for which the value is decreased upon each purchase. Retail Establishment. A physical place of business in which consumer merchandise is sold to the general public. Person. An individual, partnership, limited partnership, limited liability company, corporation, or other legal entity. Proof of Identification. A driver's license, Minnesota identification card number, or other identification document issued for identification purposes by any state, federal, tribal, or foreign government if the document includes the person's photograph, full name, birth date, and signature. Sell. To transfer to another in exchange for monetary consideration through the use of a financial transaction card. Subd. 3. Identification Verification Required. Any person that sells a third -party gift card to an individual on behalf of a retail establishment, including an agent, employee, or other representative of the retail establishment, shall require that the individual purchasing the third -party gift card display proof of identification and shall verify that said proof of identification matches the individual's form of payment. Subd. 4. Self -Checkout. A retail establishment shall not allow the purchase of third -party gift cards at self -checkout kiosks where customers themselves scan merchandise and pay without the assistance of an employee of the retail establishment. Subd. 5. Enforcement; Violations. Penalties for violations shall be enforced against the retail establishment through the administrative citations process pursuant to City Code § 30 '& Xcel Energy® PARTNERS IN ENERGY An Xcel Energy Community Collaboration Memorandum of Understanding Phase 1 — Plan Development City of Stillwater 216 4tn Street North Stillwater, MN 55082 Congratulations on being selected to participate in Xcel Energy's Partners in Energy. This offering is designed to provide your community with the tools and resources necessary to develop and implement an energy action plan that reflects the vision your community has for shaping energy use and supply in its future. Participation is intended to span 24 months with the initial 6-8 months dedicated to developing a strategic energy action plan and the remaining time focused on implementing that plan. The intent of this Memorandum of Understanding is to confirm Stillwater intent to participate in the initial plan development phase of Partners in Energy and outline the commitment that your community and Xcel Energy are making to this collaborative initiative. The primary objective of this phase of Partners in Energy is to develop your energy action plan. In order to achieve this Xcel Energy will provide: • Consulting support to assist in identifying potential community stakeholders and constructing or delivering an invitation or informational announcement regarding the planning process. • Data analysis of community energy use and Xcel Energy program participation to the extent that it is legally and technically prudent and feasible. The results can be used to identify potential opportunities to implement plan strategies. Xcel Energy will attempt to integrate data provided by Stillwater into the analysis if feasible. • Professional facilitation of 3-5 plan development work sessions with the community stakeholder group to develop the energy action plan's vision, focus areas, goals and implementation strategies. • Assistance as needed in synthesizing the community and program data collected with the vision of the community to identify attainable goals that align with suitable strategies and tactics. • Development of the documented energy action plan that will incorporate inputs from the stakeholder planning team and will be accessible to the community. • Commitment to delivering an actionable and complete energy action plan within 8 months of Stillwater and Xcel Energy signing this Memorandum of Understanding. Although participation in the Plan Development phase of Partners in Energy requires no monetary contribution, Stillwater does agree to provide: XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Plan Development Phase • A single contact point to recruit active and engaged stakeholders, coordinate planning meeting logistics and distribute deliverables, and lead participation of the community in the planning process. • Community staff engagement in developing workshop agendas, participating in regular check -in meetings, and supporting follow-up work between workshops. • Commitment to ensuring community stakeholder engagement throughout the planning workshops. This could include consultation with key community stakeholders who may be relevant to the plan but not present on the energy action planning team to gain input on proposed goals and strategies. • Timely review of the energy action plan document, as well as shepherding the completed plan through stakeholder review process. • Good -faith evaluation of the recommendations and analysis provided, as well as fair consideration of the potential strategies and tactics identified to ensure alignment with the City's goals and priorities. • Meeting facilities to host the stakeholder group during the development of the plan. • Identification of existing community energy plans, programs, or initiatives that could be leveraged in successful development and delivery of this plan. • Commitment to delivering an actionable and complete energy action plan within a 9-12- month timeframe of Stillwater and Xcel Energy signing this Memorandum of Understanding. Within this period, Stillwater is committed to completing the formation of the energy action planning team and the development and approval of the energy action plan. • Public distribution of the work products developed with the support of Xcel Energy's Partners in Energy. 2 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Plan Development Phase Resource Commitment Summary Plan Development Phase Stillwater • Single point of contact • Assistance identifying and recruiting • Support in maintaining community stakeholders stakeholder engagement throughout . Analysis of community energy use and the planning process. program participation • Involvement in development and Facilitation of planning sessions review of energy action plan content. • Meeting facilities • Training and guidance developing goals and strategies • Access to existing energy -related plans and programs • Documentation and delivery of the • Commitment to completing the plan energy action plan development and approval Commitment to completing energy action • Agreement that the energy action plan development plan resulting from this work will be available to the public The Memorandum of Understanding for the Implementation Phase of Partners in Energy will be developed upon completion of the energy action plan and will outline Stillwater's goals and the resource commitment from Xcel Energy and Stillwater. Legal Applicability and Waiver This is a voluntary agreement and not intended to be legally binding for either party. This Memorandum of Understanding has no impact, nor does it alter or modify any existing Franchise Agreement or other existing agreements between Xcel Energy and Stillwater. Parties agree that this Memorandum of Understanding is to memorialize the intent of the Parties regarding Partners in Energy but does not create a legal agreement between the Parties. It is agreed by the Parties that nothing in this Memorandum of Understanding will be deemed or construed as creating a joint venture, trust, partnership, or any other legal relationship among the Parties. This Memorandum of Understanding is for the benefit of the Parties and does not create third party rights. Nothing in this Memorandum of Understanding constitutes a waiver of Stillwater ordinances, Stillwater regulatory jurisdiction, or Minnesota's utility regulatory jurisdiction. Single Points of Contact All communications pertaining to this agreement shall be directed to Councilman Larry Odebrecht on behalf of Stillwater and Tami Gunderzik on behalf of Xcel Energy. Xcel Energy is excited about this opportunity to support Stillwater in advancing its goals. The resources outlined above and provided through Partners in Energy are provided as a part of our 3 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Plan Development Phase commitment to the communities we serve and Xcel Energy's support of energy efficiency and renewable energy as important resources to meet your future energy needs. Thank you again for your continued interest in Xcel Energy's Partner in Energy. We look forward to assisting Stillwater in developing its energy action plan. For Stillwater: Signature: Name: Ted Kozlowski Title: Mayor Date: April 4, 2023 ATTEST: Signature: Name: Beth Wolf Title: City Clerk Date: April 4, 2023 For Xcel Energy: Signature: Name: Title: Date: 4 Colorado I Minnesota Partners in Energy 'C? Xcel Energy® PARTNERS IN ENERGY An Xcel Energy Community Collaboration More communities are realizing energy planning plays a critical role in helping them reach their energy goals. The benefits of wise energy choices are diverse. Through collaborative work with citizens, businesses, and governments, a community can shave dollars off utility bills, promote renewable energy, drive resource conservation, and contribute to greenhouse gas reduction goals. Since 2014, Partners in Energy has been helping communities gather these stakeholders to develop and implement energy action plans that address the challenges of local energy priorities with actionable strategies and resources. In addition to offering support for community -based energy action plan development and implementation, Partners in Energy is evolving to include a broader spectrum of community engagement that includes supporting returning Partners in Energy communities as they define new goals and strategies, working with communities that have existing energy goals and strategies but need help implementing them, supporting smaller communities or geographic areas (i.e., districts or neighborhoods) that may benefit from a more tailored approach, or even convening collaborations that don't fit the traditional definition of a community but are focused on increased efficiency and renewable energy opportunities in unusual settings. Partners in Energy continues to offer tools, data, and expertise to help communities analyze their energy trends, establish energy goals, identify energy strategies, and implement their energy priorities. Through the Partners in Energy process, Xcel Energy supports communities in convening stakeholders to develop custom roadmaps to achieve their energy goals. Xcel Energy also helps communities implement their energy strategies. The planning and implementation process is tailored to the unique needs and priorities of each community. Accepted communities will participate in a scoping meeting to determine the pathway that best aligns with your community's interests and capabilities. Partners in Energy is offered at no cost to participating communities in Colorado and Minnesota, with the expectation that both Xcel Energy and the community will invest in the process. This investment includes staff and financial resources from Xcel Energy during both the planning and implementation phases. It also includes community staff time during both the planning and implementation phases and your community's plan may require financial support to implement strategies. Page 1 of 6 19-09-526 Partners in Energy 800.369.4362 Colorado I Minnesota Clear Xcel Energy wants to work with motivated, engaged, and action -oriented communities and champions who are willing to commit to the process and the outcomes. This application will help us better determine good community alignment for our limited, but valuable, resources. While completing the application does not guarantee acceptance as a participant, your application will be evaluated against other applicants using criteria that include, but may not be limited to, community size and structure, planning experience, stakeholder capacity, available resources (staff and otherwise), and willingness to share results publicly. If you have questions about the application or the opportunity, please visit xcelenergy.com/PartnerslnEnergy, email us at PartnerslnEnergy@xcelenergy.com or call 800.369.4362. Applications will be accepted two times per year —January and July. Return this application by 5:00 p.m. CST on the 15th of the month in January or July. We reserve the right to cancel any or all application cycles at the sole discretion of Xcel Energy. Qualifying customers Communities in Colorado and Minnesota with retail energy services from Xcel Energy qualify to participate in Partners in Energy. Community customer information - . Company name City of Stillwater MN Community jurisdiction (e.g., city, association, partnerships, county): Washington County, MN Contact name Larry Odebrecht Title Council Member - Ward 3 Phone 651.200.1515 Address 3316 Millbrook Cir City Stillwater Community profile ■ Approximate business count 1,506 Approximate population 19,415 Email lodebrecht@ci.stillwater.mn.us Approximate household count 7 Approximate area in square miles 7.95 square miles (20.60 square kilometers) Would you be able to provide a GIS a shapefile of your community that would define the geographic boundaries of the area? ❑ Yes O No Current community energy -related utility providers (e.g. gas service providers) 1) Name of company Minnesota Energy Resources Fuel type Natural Gas 2) Name of company Stillwater Public Utilities Commission Fuel type Water services 3) Name of company Xcel Ene Fuel type Electricity Area served Full Area served Full Area served Full C Page 2 of 6 19-09-526 Partners in Energy 800.369.4362 Colorado I Minnesota Interest in Partners in Energy _ Describe your interest in Partners in Energy and how you think Partners in Energy could provide value. The city of Stillwater MN has been making significant strides In recent years towards becoming a more sustainable and environmentally conscious community. One of the key partners in this effort has been Xcel Energy's Partners In Energy program. As an organization focused on energy efficiency and austainability, Partners in Energy could provide a great deal of value to Stillwater as the city continues its journey towards a more sustainable future. Partners in Energy is a unique program that provides support and resources to communities looking to improve their energy efci.ncy and ..stainability. The program offers a range of services that can help Stillwater achieve its sustaimmility goals, including energy planning, electric vehicle planning, implementation support, and data analysis. With these resources, the city can futher develop its comprehensive plan for reducing its carbon footprint and becoming more sustainable. One of the key benefits of Partners in Energy is Me program's focus on collaboration and community engagement. The program brings together community leaders, stakeholders, and subject matter expels to work together towards a common goal. This approach ensures that everyone has a voice in the process, and that the plan developed is tailored to the unique needs and challenges of Stillwater. Partners in Energy also provides technical support and guidance, which can be particularly valuable for a community like Stillwater. As the city works to reduce its carbon footprint and become more sustainable, it may enceunter technical challenges or issues that require specialmed expertise. With Partners in Energy, Stillwater can tap into a network of experts who can help address these challenges and ensure that the city's efforts are successful. Another benefit of Partners in Energy is the program's focus on energy eficiency and sustal,mbility. By working with Partners in Energy. Stillwater can identify opportunities W reduce its energy usage, improve its efficiency, and reduce its carbon footprint This can have a significant impact on Me enwronmen[ as well as on the city. bottom line. By reducing its energy usage and improving efficiency, Stillwater can save money on energy costs and reinvest in... savings into other important community initiatives. Partners in Energy can also help Stillwater navigate the complex landscape of energy policy and regulation. As a community Mat is committed to sustainability and reducing its carbon footprint, Stillwater must stay up-to-date on changes to energy policy and regulation at the local, state, and federal levels. Partners in Energy can help the city stay informed about these changes and ensure that its sustainability efforts are in compliance with Me latest regulations. In addition to in... benefits, Partners in Energy can help Stillwater build a stronger, more sustainable community. By reducing its carbon footprint and becoming more energy eMcient Stillwater can create a healthier, more livable environment for its residents. This can have a positive impact on the community. economic development, as businesses and individuals are attracted to communities that prioritize su usinability, and environmental stewardship. The city of Stillwater has a lot to gain from partnering with Xcel Energy's Partners in Energy program. From technical support and guidance to collaboration and community engagement, Partners in Energy can provide valuable resources and expertise to help Stillwater achieve its sustsinability goals. By working together with Partners in Energy, Stillwater can create a more sustainable, healthier, and more livable community for all its residents. What is/are the most pressing energy -related issue(s) facing your community today? Stillwater, like many other cities in the word, is facing pressing energy-ralamd issues that need immediate attention. While we have already begun the implementation of our climate action plan, it is important to continue to identify and address the most pressing issues facing our community. One of the most pressing energy -related issues facing Stillwater today is the need to reduce greenhouse gas emissions. Our climate action plan recognizes the importance of reducing our carbon footprint and outlines a phased approach to achieve this goal. We know that greenhouse gas emissions are contributing to climate change, which has the potential to impact our community in many ways, including increased frequency and severity, of extreme weather events, rising sea levels, and threats to our natural resources. Another pressing issue facing Stillwater is the need to improve energy efici.ncy in our buildings. Our community is home la a mix of residential, commercial, and industrial buildings, many of which are old and ineficient. This presents an opportunity to upgrade these buildings with energy -efficient technology, thereby reducing energy consumption and saving money on utility bills. We recognize the need M invest in energy-eficient buildings as a critical component of our climate action plan, and wa are committed to working with our residents and stakeholders to achieve this goal. In addition to these issues, the city of Stillwater is also facing challenges related to the transition to clean energy sources. As our community seeks to reduce its carbon footprint and move away from fossil fuels, we must find ways to transition to clean energy sources such as wind, solar, and hydropower. This transition presents both challenges and opportunities, and we recognize the need to work collaboratively with our residents, businesses, and other stakeholders to identify and implement the most effective solutions. Finally, we recognize that energy access is a pressing issue for some members of our community. Many households struggle to pay their energy bills, which can have a negative impact on their quality of life. This is particularly true for low-income households, which are more likely to live in older, less energy -efficient homes. We believe that energy access is a fundamental human right and are committed to finding solutions that ensure that all members of our community have access to affordable, reliable energy. Overall, Stillwater faces a range of pressing energy -related issues that require our attention and action. We are committed to implementing our climate action plan and working collaboratively with our residents and stakeholders to address Mesa challenges. We recognize that the transition to a sustainable energy future will not be easy, but we are confident that with pereeverence, innovation, and community involvement, we can achieve our goals and create a more sustainable future for all. If you're accepted as a participant in Partners in Energy, what additional approvals within your community would you need to obtain prior to starting? (examples: City Council, City Manager, Sustainability Commission, etc.) Our community has already taken significant steps towards a more sustainable future through the adoption of our Climate Action Plan, which includes membership in this program. In terms of additional approvals needed, we are fortunate to have already obtained approval from the City Council to participate in the program. The Climate Action Plan was adopted with overwhelming support, indicating the community's commitment to reducing our carbon footprint and mitigating the effects of climate change. The only additional approval that we would need is for the final MOU with Xcel Energy, which outlines our mutual intentions and sets the stage for our partnership. As a city council member, I believe that we can include this approval on our consent agenda, which would streamline the process and make it easy for us to move forward with our participation in the program. Overall, I am confident that the community is aligned on the importance of reducing our energy usage and mitigating the effects of climate change. By participating in the Partners in Energy program, we will have access to a range of services and resources that will help us achieve our sustainability goals. With the support of the community and the guidance of our partners, we can make significant progress towards a more sustainable future for Stillwater. Page 3 of 6 19-09-526 Partners in Energy 800.369.4362 Colorado I Minnesota Planning and energy management experience Does your community currently have any sustainability or energy plans, policies, codes, regulations or initiatives? If yes, please identify them and indicate the dates) they were last revised. (Describe your interest in Partners in Energy and how you think Partners in Energy could provide value.) Yes, the City of Stillwater currently has a Climate Action Plan in place that outlines our goals and strategies for reducing our carbon footprint and mitigating the impacts of climate change. The plan was adopted by the City Council this year and is a phased approach that includes spedfic salons and timelines to achieve our sustainability, goals. In addition to the Climate Action Plan, the City of Stillwater has also adopted the Minnesota GreenSlep Cities program, which provides a framework for communities to achieve their sustainability goals and recognize their progress. The program include. a variety of best practices and strategies for energy efficiency, renewable energy, transportation, waste reduction, and more. However, while we have made progress, there is always room for improvement, and we believe that the Partners in Energy program could provide significant value to our community. The program offers a range of services to support our energy planning and electric vehide planning, if desired. This includes energy planning workshops, dion planning, and leveraging existing plans and goals. The program also provides support for EV planning, including infrastructure, fleet, and outreach. Additionally, the program can provide support for implementation, including project management, marketing collateral, outreach, and strategy development for new ideas. This kind of support would be invaluable in helping us to achieve our sustainability goals in a timely and efficient manner. Furthermore, the Partners in Energy program offers data analysis services that would help the City of Stillwater track our progress towards our goals and make informed decisions on how to continuously improve our efforts towards sustainability. This data analysis would be critical in helping us to measure the effectiveness of our actions and adjust our strategies as necessary. In summary, the City of Stillwater has already taken significant steps towards sustainability through the adoption of our Climate Action Plan and participation in the Minnesota GreenSlep Cities program. However, we recognize that there is always more that we can do, and we believe that the Partners in Energy program could provide significant value to our community. The program's range of services, support for implementation, and data analysis capabilities could help us to achieve our sustainability goals efficiently and effectively. Describe any energy programs or energy management activities your community has participated in over the past two years. Please include goals/targets and results if applicable. This can include initiatives to track energy use in any part of your community (e.g., public buildings), a neighborhood energy challenge, etc. If you have participated in Partners in Energy before, what strategies would you like to pursue with additional support from Partners in Energy, and why? Additionally, please explain if your community is already engaged with Xcel Energy in other ways. Community resources and commitment Please indicate who in your community would be the point person (or people) to manage your Partners in Energy participation and describe his/her/their applicable experience and background relative to planning, energy and /or sustainability. Describe his/her/their availability to support this initiative through both strategy development and implementation (include multiple people as applicable for each stage). Describe whether they are paid staff or volunteers and the extent to which managing and/or implementing energy or sustainability initiatives is a component of their job duties. The city of Stillwater has taken several steps to promote sustainability and energy management in recent years. In 2010, Stillwater joined the GreenSteps program, which provides guidance and recognition to Minnesota cities for their sustainability efforts. Since then, Stillwater has implemented numerous initiatives to reduce energy use, including: - Installing LED streetlights throughout the city in 2016, which resulted in a 30 % reduction in energy use and significant cost savings Conducting energy audits and implementing energy -efficient measures in municipal buildings, such as upgrading heating and cooling systems and installing smart controls Encouraging residents to participate in energy conservation efforts, such as the city-wide LED bulb exchange program and the "Cool Change for Climate" challenge While Stillwater has made significant progress in promoting energy management and sustainability, there is still much work to be done. The city recognizes the need for ongoing efforts to reduce energy use and promote sustainability, and is committed to seeking out new opportunities and partnerships to achieve these goals. Page 4 of 6 19-09-526 Partners in Energy 800.369.4362 Colorado I Minnesota While Partners in Energy is offered to communities at no cost, communities are responsible for expenses associated with implementation. Does your community have staff, volunteer, budget or other funding resources to implement the energy initiatives that will be identified in the Partners in Energy process? ❑ Yes O No If yes, please describe. As a City Council Member in Stillwater, I will be the central point of communication for any Partners in Energy related matters. Given our staff's current focus on a potentially historic flood, I will be gate -keeping any necessary resources to ensure the success of our involvement with Partners in Energy. Additionally, we have a strong relationship with Sustainable Stillwater, a group of passionate and active supporters in our community who can also provide resources. I am proud to say that we have the support of our legislators, Representative Josiah Hill and Senator Karin Housley, as well as the League of Minnesota Cities, where I am a board member. With the approval of our Climate Action Plan in 2023, we are fully committed to taking action to reduce emissions and mitigate the effects of climate change. Our partnership with Partners in Energy is an important step in this effort, and I am confident that with our community's support, we will achieve our sustainability goals. Community involvement - L_ One of the keys of Partners in Energy is engaging representatives from your community to participate in developing and implementing strategies to meet your community goals. These representatives should be varied and willing to commit their time to the process. They may include city or town staff members, business association representatives, large local business representatives, local nonprofit staff members, school district staff members, county government officials, etc. Please describe who from the community you would anticipate engaging in developing your energy strategies. (Please list six to eight possible representatives.) As a City Council Member of Stillwater, I am excited be. the prospect of engaging representatives from our community to participate in developing and implementing strategies to ..at our community goals through the Partners in Energy program. We have a diverse and dedicated community in Stillwater, and I anticipate engaging the following individuals to be pad of this process: Members of the Sustainablldy Commission Representatives from the Chamber of Commerce Rick Heidick: Chair of Sustainable Stillwater, Bike Friendly Community Workgmup Leader, and Membership Committee Member Roger Tomten: Vice -Chair of Sustainable Stillwater, Membership Committee Leader Nancy Lyner: Treasurerof Sustainable Stillwater, Flnance/Fundmising Committee Leader Kelsey Depew: Program Administrator of Sustainable Stillwater, Graphics and WebsHe Manager, and Membership Manager for Green Business Directory Wendy Gorski: Green Business Directory Leader, Communications Committee Leader, and Newsletter Author Tiffany Parr: Finance/Fundraising Committee Member of Sustainable Stillwater A- Roots: Student Board Member 2022-2023 of Sustainable Stillwater Connor Velte: Student Board Member 2022-2023 of Sustainable Stillwater Leaders of large local businesses in the area, such as those in the St. Croix Valley Business Innovation Center Representatives from the local school district, including educators and administrators County govemmenl officials, such as members of the Washington County Board of Commissioners Most of these individuals and organ nations have already demonstrated a strong commitment to sustainabilily and energy management in our community, and I believe they would bring valuable insights and expertise to the table. Additionally, they have a proven track record of community engagement and collaboration, which is essential for the success of this program. By working together, we can create a more sustainable and resilient community, and I look forward to the opportunity to engage with these stakeholders through Me Partners in Energy program. Partners in Energy is designed to promote communities learning from each other and sharing best practices. Are you willing to share your community work through Partners in Energy with community members and other participating communities? Will you allow your final work products to be shared publicly? ❑ Yes O No If no, please explain. Yes, of course. Page 5 of 6 19-09-526 Partners in Energy 800.369.4362 Colorado I Minnesota Is there anything else you would like us to consider when evaluating your application? Yes, there is one thing that we would like you to consider when evaluating our application. While we are committed to reducing our community's carbon footprint and mitigating the effects of climate change through our Climate Action Plan and our partnership with Xcel Energy's Partners in Energy, we are also facing a potentially historic flood that could cause significant damage to our community. We will need to balance these efforts and ensure that our response to the flood does not detract from our sustainability goals. We believe that our strong partnerships with organizations like Sustainable Stillwater and our elected officials at the local and state levels will allow us to manage both challenges effectively. Thank you for considering our application, and we look forward to the opportunity to work with Xcel Energy and Partners in Energy to create a more sustainable future for our community. Customer declaration I certify that the information in this application is accurate and complete and I am authorized to make this application on behalf of my community. Your signature confirms your community is interested in participating in Partners in Energy and is willing to enter into a Memorandum of Understanding with Xcel Energy that will define responsibilities and expectations of both parties. Community name City of Stillwater MN Contact name Larry Odebrecht Title Council Member - Ward 3 ❑ By checking the box and indicating my name below, I am signing this application in declaration of its accuracy. Name Larry Odebrecht Title Council Member Xcei Energy RESPONSIBLE B Y NATURES of xcelenergy.comcom ©29-0 -52 Energy Inc. Xcel Energy is a registered trademark of Xcel Energy Inc. 19-09-526 STILLWATER FIRE DEPARTMENT Celebrating 150 Years 2022 ANNUAL REPORT Marking a Century and a Half of Service On May 28, 1872, the Stillwater Fire Department was formed to protect the fast growing lumber city. On June 3, 1872, at the first meeting of the fire department, the official name of the organiza- tion was to be "Stillwater Steam Engine Company, No. 1." While many things have changed over the last 150 years, one thing has remained constant, the City of Stillwater is protected by extreme- ly dedicated and committed individuals from within the community they live. Stillwater Fire Department 250 Maryknoll Drive North Stillwater, MN 55082 Telephone: 651.351.4963 Email: fire@ci.stillwater.mn.us Web Page: https://www.ci.stillwater.mn.us/fire Facebook: Stillwater MN Fire Department STILLWATER FIRE ANNUAL REPORT. 2022 TABLE OF CONTENTS Fire Chief's Message Communities Served Demographics Geography Fire Services Provided Stillwater Fire Department Organizational Chart 2022 Response Summary Fire Call Volume by Month and Day of Week Calls by District Annual Run Response Trend Mutual/Auto Aid Given and Received City of Stillwater City of Grant May Township Stillwater Township Code Enforcement Property and Content Saved Performance Survey Results and Responses Training Fire Prevention Education Activities Upgrades and Improvements 4 5 6 7-12 13 14 15 16 17 18 19 19 20 Personnel Updates Years of Service Recognition Promotions 21-22 Certificate of Excellence Retirements Badge Presentation 150th Anniversary Firefighters Ball 23-25 STILLWATER FIRE ANNUAL REPORT. 2022 2 STILLWATER FIRE DEPARTMENT From the Desk of Fire Chief Stuart Glaser 2022 Annual Report: Message from the Fire Chief It is my pleasure to present the 2022 Stillwater Fire Department (SFD) Annual Report. Stillwater Fire is hon- ored and proud to serve each citizen and visitor to our community with Professionalism, Respect, Integrity, Dedication and Excellence - P.R.I.D.E.! 2022 was a historic year for the Stillwater Fire Department. The Department celebrated 150 years of service to our community. Stillwater Steam Engine Company No. 1 was officially established by City Council action on May 28, 1872, and has proudly served the citizens and surrounding communities every day since inception. Several celebrations and recognitions were held throughout the year to commemorate this significant event and I appreciate every member of our Department past and present. In addition to honoring the Department's past, the year 2022 saw the highest call volume in its history. The Department responded to 2,391 calls for service in 2022. Call volume increased five percent or a total of 112 calls for service. The increase in call volume continues to grow as Stillwater maintains its highly attractive re- gional popularity as a destination city and the tourism industry flourishes in the downtown district. 2022 Highlights: • Recognized and celebrated the Department's 150th Anniversary • Completed the Community Risk Assessment and Standards of Cover Study • Implemented and began hiring process for volunteer paid -on -call firefighters (VPOC) • Conducted thousands of hours training and education throughout the year As Stillwater Fire enters 2023, we will be working on implementing several recommendations from the newly completed Community Risk Assessment and Standards of Cover study. Based on the study, hiring full-time and volunteer paid -on -call staff will be the number one priority in the upcoming year. The Department will also be working on replacing a 34-year-old heavy rescue apparatus and is looking forward to taking possession of a new fireboat. I look forward to continuing to serve the City of Stillwater and our surrounding communities and am extreme- ly proud of all the dedicated men and women of Stillwater Fire who are committed to protecting our citizens. Sincerely, sly 2U. 57& P Stuart W. Glaser STILLWATER FIRE ANNUAL REPORT. 2022 COMMUNITIES SERVED CITY OF STILLWATER Mayor Ted Kozlowski City Council Ryan Collins David Junker Larry Odebrecht Mike Polehna City Administrator Joe Kohlmann City Clerk Beth Wolf Demographics Historic Downtown Stillwater Law Enforcement Center Adult care facilities Single / multi -family residential High-rise Commercial Industrial Schools Clinics Hospital Senior assisted living facilities Nursing homes CITY OF GRANT MAY TOWNSHIP Mayor Township Supervisors Jeff Huber John Adams John Pazlar City Council Steve Magner John Rog Jeff Giefer Town Clerk Tom Carr Bobbi Hummel Jeff Schafer City Clerk Kim Points Response Area - 53 Square Miles Highway 36 - Southern Border 150th Street - Northern Border St. Croix River - Eastern Border STILLWATER TOWNSHIP Township Supervisors Mike McMahon Robert Geisen Rod Hunter Tim Sinclair Shelia -Marie Untiedt Township Clerk Barbara Riehle Geography Bluffs Cliffs Ravines Railways Highways Rivers Lakes Swamps Agricultural Forested areas recreation trails and parks STILLWATER FIRE ANNUAL REPORT. 2022 4 FIRE SERVICES PROVIDED Fire Suppression Technical Rescue • Structure - Residential/Commercial 0 Auto and Machinery Extrication • Wildland/Urban Interface/Grass 0 High Angle Rope Rescue • Marine • Confined Space Rescue • Auto • Collapse • Hostile Event Response • Terrorism Basic Life Support (BLS) Non -Transport Water & Ice Rescue Emergency Medical Services • Surface • Medical Emergencies - Ice Rescue • CPR and AED Certified - Swiftwater Rescue • Advanced Airway Placement 0 Dive • Assist Lakeview EMS - Washington County Fire Dive Team • Blood Pressure Wellness Checks 0 Boat - River and Lakes Code Enforcement/Inspections Hazardous Conditions • New Construction • Gas Spill/Gas Leak • Commercial 0 Powerline Down • Multi -Family Residential 0 Electrical wiring • Daycare/Foster Care 0 Lightning Strike Fire & Emergency Medical Services (EMS) Educa- Fire Prevention & Life Safety lion 0 Schools Visits and Activities • In-service training for businesses; fire extinguisher, 9 Open House AED and CPR 0 Senior Center Presentations • Drills and exercises - conduct drills, exercise and re- • General Emergency Preparedness and Fire Safety view emergency plans for assisted living facilities, Presentations schools and area businesses Community Support Maintenance • Community Events 0 Fire Station - Maintain building, grounds, and me - Station Tours chanical equipment • Child Safety Seat Inspections 0 Trucks and response equipment - Daily inspec- tions and inventory of apparatus and equipment Square Lake Trail Grass Fire Dive Training STILLWATER FIRE ANNUAL REPORT. 2022 STILLWATER FIRE DEPARTMENT ORGANIZATIONAL CHART Stillwater Fire Department is a combination Department consisting of 13 career fire personnel and up to 30 volunteer paid -on -call firefighters. Career staff consist of the Fire Chief, Deputy Chief/Fire Marshal, Assistant Chief of Operations, three Captains and seven Firefighter/Engineers. The De- partment is staffed 24 hours a day, seven days per week with a minimum of two personnel on duty at all times. Volunteer paid -on -call personnel respond to incidents when they are paged. In 2022, 174 incidents were toned for volunteer paid -on -call firefighters to assist on calls. STILLWATER FIRE ANNUAL REPORT. 2022 2022 RESPONSE SUMMARY Fire Call Volume by Month 250 200 Igoe 150 100 50 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec —0--2022 180 162 171 179 227 194 232 206 230 203 197 210 t 2021 169 155 165 151 181 189 231 233 233 173 185 214 —� 2020 170 181 156 110 130 166 173 193 161 172 164 162 Fire Call Volume by Day of Week 450 400 350 300 250 200 150 100 50 0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday ■ 2022 313 342 319 353 382 348 334 ■ 2021 286 342 336 304 337 341 333 ■ 2020 261 272 297 287 301 269 251 Truck Fire Greeley Street Mutual Aid Structure Fire STILLWATER FIRE ANNUAL REPORT. 2022 7 2022 RESPONSE SUMMARY 4/0 % 3% 0 4% City of Stillwater - 2,009 ■ City of Grant - 103 ■ May Township - 102 84% 44 Stillwater Township - 110 Mutual / Auto Aid - 67 Annual Run Response Trend 2,279 2021 2020 2021 2022 Mutual &Auto Aid - Given/Received STILLWATER FIRE ANNUAL REPORT. 2022 8 2022 RESPONSE DETAIL * rITY OF STILLWATER, CITY OF GRANT, MAY TOWNSHIP, STILLWATER TOWNSHIP FIRES CITY OF STILLWATER CITY OF GRANT MAY TOWNSHIP STILLWATER TOWNSHIP MUTUAL/ AUTO AID GIVEN DISTRICT TOTAL Structure 8 3 1 0 21 33 Vehicle 3 2 0 1 2 8 Brush/Other 13 2 5 1 3 24 Motor Vehicle Accidents/ Extrication 46 6 7 7 15 81 Technical Rescue 26 0 2 1 8 37 Alarms 112 7 3 8 1 131 Hazardous Materials 29 3 1 1 1 35 Electrical 19 0 1 3 0 23 Power Line 17 2 6 1 0 26 Smoke 21 2 0 1 1 25 Carbon Monoxide 18 3 2 2 0 25 TOTAL FIRE CALLS 312 30 28 26 52 448 SERVICE CALLS CITY OF STILLWATER CITY OF GRANT MAY TOWNSHIP STILLWATER TOWNSHIP MUTUAL/ AUTO AID GIVEN DISTRICT TOTAL Assist Invalid 177 2 4 4 0 187 Assist Police/Sheriff 15 0 1 0 0 16 Public Assist 100 3 5 9 2 119 Controlled Burn 14 15 3 15 1 48 Cancelled Enroute 50 4 3 4 11 72 TOTAL SERVICE CALLS 356 24 16 32 14 442 Emergency Medical Service CITY OF CITY OF MAY STILLWATER MUTUAL/ DISTRICT STILLWATER GRANT TOWNSHIP TOWNSHIP AUTO AID TOTAL (EMS) CALLS GIVEN EMS 1,268 49 52 50 1 1,420 EMS Cancelled 73 0 6 2 0 81 TOTAL EMS CALLS 1,341 49 58 52 1 1,501 CITY OF CITY OF MAY STILLWATER MUTUAL/ DISTRICT DISTRICT TOTALS STILLWATER GRANT TOWNSHIP TOWNSHIP AUTO AID TOTAL GIVEN *District total includes Mutual and 2,009 103 102 110 67 2,391 Auto Aid Calls STILLWATER FIRE ANNUAL REPORT. 2022 District Related Fire Calls - Total Includes Mutual & Auto Aid 11% Stillwater - 312 6% i City of Grant - 30 6% 7% 70%md ■ May Township - 28 ■ Stillwater Township - 26 ■ Mutual/Auto Aid - 52 FIRES CITY OF STILLWATER CITY OF GRANT MAY TOWNSHIP STILLWATER TOWNSHIP MUTUAL/ AUTO AID GIVEN DISTRICT TOTAL Structure 8 3 1 0 21 33 Vehicle 3 2 0 1 2 8 Brush/Other 13 2 5 1 3 24 Motor Vehicle Accidents/ Extrication 46 6 7 7 15 81 Technical Rescue 26 0 2 1 8 37 Alarms 112 7 3 8 1 131 Hazardous Materials 29 3 1 1 1 35 Electrical 19 0 1 3 0 23 Power Line 17 2 6 1 0 26 Smoke 21 2 0 1 1 25 Carbon Monoxide 18 3 2 2 0 25 TOTAL FIRE CALLS 312 30 28 26 52 448 STILLWATER FIRE ANNUAL REPORT. 2022 10 District Related Service Calls - Total Includes Mutual & Auto Aid 3% 7% 4% 5/ City of Stillwater - 356 ■ City of Grant - 24 81/00 ■ May Township - 16 ■ Stillwater Township - 32 Mutual/Auto Aid - 14 SERVICE CALLS CITY OF STILLWATER CITY OF GRANT MAY TOWNSHIP STILLWATER TOWNSHIP MUTUAL/ AUTO AID GIVEN DISTRICT TOTAL Assist Invalid 177 2 4 4 0 187 Assist Police/Sheriff 15 0 1 0 0 16 Public Assist 100 3 5 9 2 119 Controlled Burn 14 15 3 15 1 48 Cancelled Enroute 50 4 3 4 11 72 TOTAL SERVICE CALLS 356 24 16 32 14 442 Greeley Street Car Fire STILLWATER FIRE ANNUAL REPORT. 2022 11 District Related EMS Calls - Total Includes Mutual & Auto Aid 0% 4% 3% 4% City of Stillwater - 1,341 City of Grant - 49 May Township - 58 Stillwater Township - 52 89% Mutual/Auto Aid - 1 EMS CALLS CITY OF STILLWATER CITY OF GRANT MAY TOWNSHIP STILLWATER TOWNSHIP MUTUAL/ AUTO AID GIVEN DISTRICT TOTAL EMS 1,268 49 52 50 1 1,420 EMS Cancelled 73 0 6 2 0 81 TOTAL EMS CALLS 1,341 49 58 52 1 1,501 SFD responded to 1,501 EMS calls in 2022. These calls included but are not limited to the following: cardiac arrest, stroke, respiratory problems, seizures, abdominal pain, alcohol/drug related problems and mental health conditions. All Emergency Medical Technicians (EMT) and Emergency Medical Responders (EMR) are required to train quarterly during an EMT/EMR Training Module conducted by Regions Hospital EMS to maintain their certifica- tion and licensing. AED Training CPR Training Zoll CPR Pump STILLWATER FIRE ANNUAL REPORT. 2022 12 City of Stillwater - 2,009 Calls 15% Fire Calls - 312 18% Service Calls -356 67% EMS Calls - 1,341 FIRE CALLS Structure 8 Vehicle 3 Brush/Other 13 Motor Vehicle Accident/ Extrication 46 Technical Rescue 26 Alarms 112 Hazardous Materials 29 Electrical 19 Power Line 17 Smoke 21 Carbon Monoxide 18 FIRE CALLS 312 SERVICE CALLS Assist Invalid 177 Assist Police/Sheriff 15 Public Assist 100 Controlled Burn 14 Cancelled Enroute 50 SERVICE CALLS 356 EMS CALLS EMS 1,268 EMS Cancelled 73 EMS CALLS 1,341 1917 - First Fire Station Located on Commercial Street STILLWATER FIRE ANNUAL REPORT. 2022 13 City of Grant - 103 Calls 29% Fire Calls - 30 48% Service Calls - 24 EMS Calls - 49 23% FIRE CALLS Structure 3 Vehicle 2 Brush/Other 2 Motor Vehicle Accident/ Extrication 6 Technical Rescue 0 Alarms 7 Hazardous Materials 3 Electrical 0 Power Line 2 Smoke 2 Carbon Monoxide 3 FIRE CALLS 30 SERVICE CALLS Assist Invalid 2 Assist Police/Sheriff 0 Public Assist 3 Controlled Burn 15 Cancelled Enroute 4 SERVICE CALLS 24 EMS CALLS EMS 49 EMS Cancelled 0 EMS CALLS 49 µ*f0 M t V 11 YS I� %• •'.1 1942 - Stillwater Fire - South Main Street STILLWATER FIRE ANNUAL REPORT. 2022 14 May Township - 102 Calls 27% Fire Calls - 28 57% 16 t Service Calls -16 EMS Calls - 58 FIRE CALLS Structure 1 Vehicle 0 Brush/Other 5 Motor Vehicle Accident/ Extrication 7 Technical Rescue 2 Alarms 3 Hazardous Materials 1 Electrical 1 Power Line 6 Smoke 0 Carbon Monoxide 2 FIRE CALLS 28 SERVICE CALLS Assist Invalid 4 Assist Police/Sheriff 1 Public Assist 5 Controlled Burn 3 Cancelled Enroute 3 SERVICE CALLS 16 EMS CALLS EMS 52 EMS Cancelled 6 EMS CALLS 58 1887 - Third Street Fire Station STILLWATER FIRE ANNUAL REPORT. 2022 15 Stillwater Township - 110 Calls 24% 47% ■ Fire Calls - 26 29% Service Calls -32 EMS Calls -52 FIRE CALLS Structure 0 Vehicle 1 Brush/Other 1 Motor Vehicle Accident/ Extrication 7 Technical Rescue 1 Alarms 8 Hazardous Materials 1 Electrical 3 Power Line 1 Smoke 1 Carbon Monoxide 2 FIRE CALLS 26 SERVICE CALLS Assist Invalid 4 Assist Police/Sheriff 0 Public Assist 9 Controlled Burn 15 Cancelled Enroute 4 SERVICE CALLS 32 EMS CALLS EMS 50 EMS Cancelled 2 EMS CALLS 52 1946 - Downtown Stillwater Fire - Chestnut Street STILLWATER FIRE ANNUAL REPORT. 2022 16 CODE ENFORCEMENT Fire prevention education is the first step in the Department's commitment to protecting the lives and property of it's citizens, visitors, and neighboring communities. The Department strives to achieve this mission through pro- grams which include life safety, plan review, code compliance and annual inspections. In 2022, over 1,100 hours were dedicated to the 171 inspections and 100 re - inspections. Inspections consisted of new construction, commercial business, multi -family residential, and daycare providers. The Department reviewed 65 permit requests and issued 63 permits mainly for sprinkler and fire alarm sys- tems generating over $4,000 in permit fees for the City and more than 70 consultations. PROPERTY AND CONTENT SAVED 1951 - Bell Dairy Bar Fire 233 South Main Street The Stillwater Fire Department protects a wide variety of properties which have substantial dollar value, but also buildings that have great historical significance to our City and the State of Minnesota. The personnel of SFD are proud of our heritage and are extremely honored to be chosen to protect and provide service to the City of Stillwater, the Birthplace of Minnesota. The chart below indicates the total property and content saved versus loss over the last three years. As the data indicates the Department provides a tremendous economic value based on cost versus benefit to the City and communities it protects. $25,000,000.00 $20,000,000.00 $15,000,000.00 $10,000,000.00 $5,000,000.00 $0.00 2020 1 1 2021 1 1 2022 ■ Property and Content Saved $8,832,300.00 $3,514,750.00 $22,130,000.00 ■ Property and Content Loss $1,114,770.00 $761,250.00 $787,500.00 Property and content values are based on Washington County property tax records and insurance estimates. STILLWATER FIRE ANNUAL REPORT. 2022 17 PERFORMANCE SURVEY RESULTS The Stillwater Fire Department takes tremendous pride in serving our community and providing the best possible service to all our customers at every opportunity. To accomplish our mission, surveys are mailed to individuals who have received our service and ask that they provide feedback and evaluate the level of ser- vice received. A total of 746 surveys were mailed with a return rate of 27%. Surveys are not sent to nursing homes, group homes, assisted living, cancelled enroute, controlled burns, motor vehicle accidents/extrications, power line down or the law enforcement center. Based on the 200 surveys returned, 99.5% of the responses strongly agree or agree SFD provides high quali- ty services to the community based on the results in the chart below. 197 196 3 4 Were polite and Provided care in courteous a professional manner Strongly Agree 197 196 ■ Agree 3 4 RESPONSES 192 193 199 8 7 Showed Took time to Satisfied with compassion for explain their SFD service my situation actions 192 193 199 8 7 " They were prompt, thorough, courteous and efficient. Taking time to make sure there were no other concerns besides the incident that prompted the initial call." "1 believe they were very instrumental in saving my husband's life. After the ambulance left with my husband, one of the guys came and knocked on the door to ask if 1 was okay. 1 really appreciated that! A lot happened in a short period of time." "We thank you for your timely response. The fire guys were very kind and compassionate toward my mother / whose short- ness of breath elicited the 911 call. They worked well with the ambulance guys and made everyone calm as they listened to us and communicated well in return." "This was an non -emergency visit regarding our smoke alarms. The fire personnel were helpful and courteous. They gave us information about our fire alarm that we were unaware of. 1 was very impressed with their knowledge. 1 am glad 1 called." "Very appreciative of the four male FD personnel who responded to the non -emergency physical assist to get my 91-year-old parent off the bathroom floor and positioned safely in their bed. The team was confident and competent in their assist plan. Very professional. Very respectful." STILLWATER FIRE ANNUAL REPORT. 2022 18 Training is an essential component to provide effective firefighting services. Throughout the year, members of the Department trained 2,483 hours and practiced life saving skills. SFD was reimbursed $4,760 for train- ing by the Minnesota Board of Firefighter Training and Education. During the year, SFD trained on hoses, con- fined space, high angle rescue, water rescue, hazardous materials, health and safety, vehicle extrication, ter- rorism awareness, advanced EMS certification and fire apparatus operator. Mass Casualty Drill - St. Croix River FIRE PREVENTION EDUCATION ACTIVITIES SFD serves the citizens by providing educational programming that reduces risk within the community. SFD members conducted ap- proximately 626 hours in outreach which included Fire Prevention Week, school visits, station tours, Cardiopulmonary Resuscitation (CPR), Automated External Defibrillation (AED), first aid, Stop the Bleed, car safety seat inspections and fire extinguisher training. The Department also participated in Night to Unite, Trick or Treat on Main Street, escorting high school sports teams, Stillwater Township Picnic, Washington County Fair, Memorial Day Parade, Harvest Fest, Lumberjack Days Parade, and school patrol picnic. Extrication Training - 10ow— Z;5" Magical Minds Daycare Visit Social media plays an important role in communicating with the community. The Department uses this media to in- form residents and visitors about how to reduce their risk from fire and life safety hazards. Thousands of individuals have received a variety of safety messages including smoke alarm checks, holiday safety tips, winter weather awareness and much more. Like us at https://www.facebook.com/StiIlwaterMnFireDepartment In an emergency every second counts Keep hydrants dear of snow. Wo� ERS ' DEATHS ' SMOKE ALARMS NATIONAL r.: 1 SAVE LIVES STOP ON RED ° WEEK Change Your Clock, Change Your Battery #SrOPUNREOMN � STILLWATER FIRE ANNUAL REPORT. 2022 19 UPGRADES AND IMPROVEMENTS Rescue Rope, Harnesses, AZTEK Rescue System Buoyancy Control Device & Scuba Tanks I Ice Saw Stillwater Fire is grateful for the donations totaling over $10,000 that we received in 2022 from our community. With these generous donations we were able to purchase our dive rescue team a new ice saw and a buoyancy con- trol device which holds the scuba tank air management system. The SFD rope rescue team purchased 400' rescue rope, two rescue harnesses, hardware for rappelling and two safety AZTEK rescue systems which are used for lowering and raising patients. These specialized teams train multiple times during the year to remain certified and ensure their competencies in technical rescue. The Stillwater Fire Department appreciates all the donors and we are proud to provide life safety efforts in the St. Croix Valley. Dive Team Training High Angle Training STILLWATER FIRE ANNUAL REPORT. 2022 20 PERSONNEL UPDATES Years of Service Recognition Joe Marchetti Captain 15 Years Hunter Duncan Firefighter 5 Years Promotion Brad Junker Firefighter 15 Years Joe Forliti Firefighter/Engineer 5 Years Peter King Firefighter/Engineer 5 Years Karl Sinclair Firefighter 5 Years Jake England was promoted to full-time Firefighter/Engineer, April 2022. Jake joined the Stillwater Fire Department as a vol- unteer paid -on -call firefighter in 2018. STILLWATER FIRE ANNUAL REPORT. 2022 21 Certificate of Excellence Retirement Badge Presentation Volunteer paid -on -call personnel are required to meet minimum quar- terly run response requirements. During 2022, VPOC members were toned for 174 calls. Firefighter Josh Knodle responded to 100 calls, going above and beyond with a 57% average response rate. Josh was awarded the Certificate of Excellence for the Highest Run Percentage. Congratulations Josh! Congratulations to Assistant Chief John Nobles on his retirement. John started his career with the Stillwater Fire Department on September 1, 1995, as a Firefighter. John moved up the ranks to Firefighter/Engineer, Lieutenant, Captain and Assistant Chief. During this time, John proudly served the citizens of Stillwater. John was known for his work ethic and getting the job done. John retired on December 1, 2022, with 27 years of service to SFD. Congratulations to Firefighter Katie Hawke who was presented with her SFD badge on December 6, 2022. Firefighter Hawke successfully complet- ed all probationary requirements and certifications. Katie is a proud member of Stillwater Fire and we look forward to her ongoing contribu- tions and a long successful career with SFD! STILLWATER FIRE ANNUAL REPORT. 2022 22 WELCOME TO STILLWATER FIRE DEPARTMENT 150-1-H AleiNIVERSARY FIREFIEitIT R BALL OCTOBER 151,2022, MLA Stillwater Fire Department Retirees (Back L-R) Jake Bell, Tim Bell, Jon Bell, Tom Linhoff, Ron Axdahl, Rob Zoller, Jon Conati, Joe Buckley, Kevin Moelter, Kurt Swanson (Front L-R) Ken Schmitz, Dave Reichow, Bernie Peltier, Leonard Schrade f STILLWATER FIRE ANNUAL REPORT. 2022 23 Stillwater Fire Department 2022 (Back L-R) Tom Ballis, Rob Peltier, Todd Kockelman, Lucas Hoffmann, Joe Marchetti, Ryan Sarner, Peter King, Brad Junker, George Burns (Middle L-R) Seth McCauley, Josh Knodle, Jake England, Ian Perkins, Jeff Roettger, Tony Harrington, Jim Roush, Mike Aspengren, Kris Linner, Steve Zoller (Front L-R) Joe Forliti, Chris Zeuli, Bill Peltier, Stuart Glaser, John Nobles, Chad Jansen, Matt Richardson (Not Pictured ) Hunter Duncan, Steve Hamond, Katie Hawke, Dan March, Ryan Smith, Judy Brueghel The Grand Banquet Hall - 301 2nd Street South STILLWATER FIRE ANNUAL REPORT. 2022 24 Stillwater Fire Department Honoring our past . . . Looking to the future! rofessionalism, espect, .ntegrity, edication, xcellence P.R.I.D.EJ STILLWATER FIRE ANNUAL REPORT. 2022 25 l wa ter 1HE BI R i H PIA C! 0� MINNE 5 0 1 A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to '( fib ( ' ( ♦ Mication,♦ ('' ( / l otdl.3 tanding ♦ ' f dwumce, Ataudwanze( fi' '( /' (I I ('Watetevnuw1.iwwvo♦ ♦ yzwoco ffluffw ( / 'I ♦ ( /wand atbhe,,j him ill in /i and for outstanding service in support of the City of Stillwater's mission. -Z-e� )6� Ted Kozlowski, Mayor Date of Recognition: April 4, 2023 111water ' H E 0 R' H► 1 A C E 0 E M I N N E S O I � S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to �0 me J .3 ion and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: April 4, 2023 Citp of *tiCCmater, Minnesota ORGAN DONATION MONTH PROCLAMATION WHEREAS, over ioo,000 men, women and children including more than 3,000 individuals in the `[leper Midwest alone, are currently on the national transplant waiting list; and WHEREAS, every g minutes, another name is added to the transplant waiting list; and tragically, 17 people die each day, because the organs they need are not donated in time; and WHEREAS, the most effective way to address this health crisis is to educate and to encourage citizens to commit to the following actions: register your decision to be an organ, eye and tissue donor at Life-Source.org/register or at your local DM V; and WHEREAS, one donor has the potential to save 8 lives through organ donation and enhance over 75 more through tissue and cornea donation; and WHEREAS, in 2022, more than 42,800 transplants providedrenewed liife to patients, theirfamilies, andcommunities; and WHEREAS, .April is designated nationally as a month to celebrate transplant recipients, recognize those still waiting, honor donors and their families, and express gratitude to registered donors for offering hope. NOW THEREFORE, I, led .xozlowski, .Mayor of the City of Stillwater, do hereby proclaim the month of .April as ^- DONATE LIFE MONTH — in the City of Stiffiwater and urge all citizens of Stiffiwater to consider expressing their organ donation wishes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sti&vvater to be affixed this 4th day of ,April; 2023. —Z-e� k��� Mayor l 1,1warer 216 4ch Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES March 21, 2023 REGULAR MEETING 7:00 P.M. Vice Mayor Polehna called the meeting to order at 7:00 p.m. Present: Vice Mayor Polehna (via Zoom), Councilmembers Collins, Junker, Odebrecht (via Zoom) Absent: Mayor Kozlowski Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Fire Chief Glaser Finance Director Provos Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Councilmember Collins led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Retirement for Nick Chaves The Council congratulated Mr. Chaves on retiring as Public Works Superintendent - Streets, after 29 years of service to the City. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2023-046, Certificate of Retirement - Nick Chaves. All in favor. OPEN FORUM Louise Hansen, Rivertown Commons, reported concerns on unidentified cars and skateboarders. STAFF REPORTS Public Works Director Sanders stated there will be a neighborhood meeting on the 72nd Street Project on March 30; downtown lighting proposals have been received; the City received a $28,000 grant from the DNR for Emerald Ash Borer tree removal. He gave a flood update, a 70% chance of major flooding on the St. Croix River. Police Chief Mueller stated personnel are following up on the critical incident a couple weeks ago, and preparing for flooding. Fire Chief Glaser gave updates on flood preparation, submission of the SAFER grant application, crisis calls and the April 3 annual meeting of the Department. City Council Meeting March 21, 2023 Finance Director Provos stated the audit will start April 10. Community Development Director Gladhill updated the Council on downtown parking changes; Miller Apartments May 1 opening; Chapel Hills Flats; and Sundance Stillwater. City Clerk Wolf stated the League of Minnesota Cities Annual Conference is June 21-23, and Washington County's Assessment Report is available on the County web site. City Attorney Land stated another Code Revision update will be given at the April 4 meeting. City Administrator Kohlmann stated Mayor Kozlowski testified at the legislative hearing on riverfront park projects. Also, there will be a City Council workshop April 18 at 4:30. CONSENT AGENDA March 7, 2023 Workshop and Regular Meeting Minutes Payment of Bills 2023 Street Improvement Project Accept Bids and Award Contract - Resolution 2023-047 Declaring State of Emergency for Flood - Resolution 2023-048 Finding of Facts on Denial of Design Approval for 1824 1st St N - Resolution 2023-049 Inflow and Infiltration Grant Certification Approval - Resolution 2023-050 North Hill Community Garden License Agreement for Staples Field Park On -Sale Intoxicating Liquor License with Sunday Sales for You and Me Cafe - Resolution 2023-051 Seasonal Maintenance Worker Maintenance I Compensation Adjustments - Resolution 2023-052 Social Media Management Contract Agreement St. Croix Valley Recreation Center Lighting Purchase Request Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:20 p.m. Ted Kozlowski, Mayor Page 2 of 3 City Council Meeting March 21, 2023 ATTEST: Beth Wolf, City Clerk Resolution 2023-046, Certificate of Retirement - Nick Chaves Resolution 2023-047, Accepting Bid And Awarding Contract For 2023 Street Improvement Project (2023-02) Resolution 2023-048, Resolution Declaring State of Emergency Resolution 2023-049, Resolution Adopting Written Findings for Denial of a Design Permit in the Neighborhood Conservation District at 1824 1st Street North (CD Case No. 2022-73) Resolution 2023-050, State of Minnesota General Obligation Bond Financed Certification Resolution 2023-051, Approving Issuance of New On -Sale Liquor License with Sunday Sales to You and Me Cafe LLC, dba You and Me Cafe Resolution 2023-052, Approving 2023 Compensation Adjustments for City of Stillwater Temporary Seasonal Maintenance Worker I Page 3 of 3 Page 1 CITY OF STILLWATER LIST OF BILLS Advance Auto Parts Equipment repair supplies 70.70 Air Down There Scuba repair 520.00 Aspen Mills Uniform collar brass 821.98 AT&T Mobility 8509 Cell Phone 89.90 AutoNation Vehicle repair charges 84.08 Baker Tilly Municipal Advisors Long range financial planning 12,830.00 Becker Arena Products Equipment repair supplies 790.31 BHE Community Solar Solar Energy 1,386.92 Bolton & Menk Inc. St. Croix Structure 3,056.00 Calibre Press Training seminar - McBroom & LeMoine 718.00 Canteen Refreshment Services Concession supplies 563.07 Carahsoft Technology Open Roads SignCAD 976.00 Century Power Equipment Equipment repair charges 66.05 Cherokee Manufacturing Polybags 11,150.00 Cintas Corp - Medical First Aid Supplies 181.40 Cintas Corporation Uniform towels mats 294.61 CivicPlus Municode pages 278.60 Clifton LarsonAllen LLP Audit 5,853.75 Connor Industries - Stanley Aluminum Boats Fire boat 5,485.00 Core & Main Hydrafinder flag 282.30 Crysteel Truck Equip Equipment repair supplies 854.69 Dalco Foam hand soap 246.16 Electric Pump Everett St Lift 589.25 Emergency Automotive Equipment & repairs 3,634.48 Emergency Medical Products Safety supplies 155.40 Ferguson Waterworks #2518 Supplies 11.16 Golden Expert Services Janitor Service 4,000.00 Gow Josh Reimburse for mileage for training 76.50 Grainger Tools and supplies 2,014.40 Granicus Inc Milestone 800.00 Guardian Supply Uniforms & supplies 3,348.14 Huebsch Service Mat cleaning service & uniforms 908.94 Ice Sports Industry Skater Membership 30.00 Ideal Construction Services 845 Sunrise Ave replace roof & window 6,600.00 Jordan Joel Reimburse for parking 11.40 Lakeview Hospital Legal blood draws 50.00 Lawson Products Fleet repair supplies 207.87 League of MN Cities LMC Annual Conference & Stormwater Coalition 1,350.00 Linde Gas & Equipment Cylinders 63.25 Lindstrom Solar LLC Solar Energy 4,947.38 Loffler Companies Plotter ink & copier lease 302.00 Lynn Peavy Company Supplies 80.50 Mallet Michael Reimburse for pizza during critical incident 111.20 Mansfield Oil Company Fuel 6,832.84 Marshall Electric Company Remove electrical boxes 911.00 Menards Tools & supplies 1,551.61 Miller Excavating Hill side gate valve & Neal Ave Imp 14,826.37 Minnesota Paving & Materials 2021 Street Project 246,277.51 MK Mechanical Inc Building equipment repairs 1,467.95 MN Chiefs of Police Assoc. Leadership academy online 350.00 MN Juvenile Offices Association MNJOA Conference 300.00 Northern Tool J hooks 89.94 Olsen Chain & Cable Inc. Supplies 183.82 Performance Plus LLC Medical eval 183.00 Page 2 Peterson Austin Reimburse for alcohol/tobacco compliance decoy payment 150.00 PowerDMS PowerFTO Subscription & Setup 2,650.00 Pro-Tec Design T&M Milestone upgrade 765.00 Pullen Annette Marie Critical incident therapy 330.00 Quill Corporation Office supplies 449.80 Rehn Code Consulting Services Plan Review 6,539.73 Rich Elizabeth Refund of money held as found property 27.00 Riedell Shoes Inc. Skates 535.51 River Valley Printing Inc. Letterhead & business cards 270.00 Safe Fast Inc Safety equipment & supplies 2,916.71 Schwaab Inc. Notary stamp 38.45 Sign Solutions Butyl roll 83.55 Solinst Canada Ltd Water level meter 742.86 Stillwater Motor Company Vehicle service 52.45 Stillwater Towing Towing service 225.00 Street Smart Camera trailer rentals 3,720.00 Streichers Ammo 1,867.15 Summit Companies Annual sprinkler inspection & fire alarm monitoring 1,586.07 T.A. Schifsky and Sons Asphalt 802.50 Taft Stettinius & Hollister LLP Tax increment financing inquiries 1,200.00 Team Viewer Germany GmbH TeamViewer Premium 1,188.00 Tri-State Bobcat Equipment repair supplies 264.01 Twin Cities Dots & Pop Treats for concessions 288.00 Twin Cities Transport & Recovery Winch 250.00 Uline Inc Coffee 1,838.53 Valley Trophy Inc. Engraving 89.01 Washington County Assessment & Taxation Special Assessment Billing 5,409.00 Washington County Public Safety Radio 800 Radio User Fees 10,902.18 Wolf Beth Reimburse for mileage to conference 105.00 Wruck Sewer & Portable Rental Portable Restroom 224.41 LIBRARY 16 Wins Website Maintenance 380.00 Amazon Business Materials & supplies 615.95 Blackstone Publishing Materials 133.57 Grainger AED Electrodes & Fire Panel Batteries 303.01 Hedin Sue Programs 350.00 Huebsch Service Towels & Rugs 229.74 J.D. Power & Associates Materials 272.00 KidCreate Studio/Get Messy Programs 600.00 Loffler Companies Copier/Printer 659.83 Menards Janitorial Supplies 31.16 Schroer Steven Ronald Programs 100.00 Sustainable Safari Programs 400.00 wa ter_ I A DATE: April 4, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Stillwater Farmer's Market Event Application and Contract BACKGROUND Attached is the 2023 Farmer's Market Event application and draft contract. The event will be similar to years past at the Riverview (Vet's Memorial) Lot. The event pays for 1/3 of the portable restroom costs. ACTION REQUIRED: If the City Council wishes to approve the special event and contract they should pass a motion approving the 2023 Farmer's Market Special Event and Contract. Attachments: Event Application and Site Plan. STILLWATER FARMER'S MARKET 2023 AGREEMENT THIS AGREEMENT made this 4th day of April 2023 between the CITY OF STILLWATER, Washington County, Minnesota ("City") and STILLWATER FARMER'S MARKET ASSOCIATION, c/o Beverly Friendt, its President, 3503 Long Lake Road E, Pine Springs, MN 55115 ("Farmer's Market"). 1. Location. The City of Stillwater has authorized the Farmer's Market to use the parking lot located on the corner of Third and Pine Street for the purpose of conducting a farmer's market where vendors will offer agricultural goods and related merchandise for sale to the public. Substantial changes in the layout/format/duration of the Event will not be made by the Organizer at any time without advanced notice to the City. 2. Dates and Hours of Event. Operations are limited as follows: a. Saturdays, June 10 through October 28 of the year 2023 b. Set-up begins at 6:30 a.m. c. Event Time: 7:30 a.m. — 12:00 p.m. (Noon) d. Clean-up finished by 12:30 p.m. 3. 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; and further, Organizer agrees to provide to the City evidence of insurance coverage of at least the amount of the maximum liability of the city as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might be brought against them 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" by no later than three (3) weeks before the event. 4. Signs. Market signage must be approved by the Community Development Director including the size and location of signs and banners. 5. Parking Lots. 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). 6. Portable Toilets/Trash Container. The City will provide a portable toilet for use of vendors and patrons throughout the period of their use. The portable toilet will be located in the upper parking lot on Fourth Street. The Farmer's Market shall reimburse the City for one—third (1/3) of the seasonal costs of the portable restroom, which is due three (3) weeks before the start of the events. 7. Term. The term of this Agreement will be for one year unless terminated earlier by the City on public safety grounds. 8. 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, Mayor ATTEST: Beth Wolf, City Clerk STILLWATER FARMER'S MARKET ASSOCIATION m Beverly Friendt, SFMA President Olt. 1 Nwa ter T H E B I R T H P L A C E O F M I N N E S O T A DATE: April 4, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Acceptance of Work and Final Payment 2021 Street Improvement Project (Project 2021-02) BACKGROUND The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payments the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to MN Paving & Materials in the amount of $246,277.51. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution 2023- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2021 STREET IMPROVEMENT PROJECT (PROJECT 2021-02). City of Stillwater Washington County, Minnesota RESOLUTION 2023- ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2021 STREET IMPROVEMENT PROJECT (PROJECT 2021-02) WHEREAS, pursuant to a written contract signed between the City and MN Paving & Materials for work on street improvements and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $246,277.51 on such contract, taking MN Paving & Materials receipt in full. Adopted by the Council, this 4t" day of April 2023. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor L ja ter THE�l � BIRTHPLACE OF MINNES O TA DATE: April 4, 2023 TO: Honorable Mayor and City Councilmembers FROM: Mick Greiner, Facilities Manager SUBJECT: Library Roof Repairs BACKGROUND The work to be completed is for the Library. There was damage to both the interior and the grounds during the recent reroofing project. The company "Allstar Construction" has elected to allow our contractor(s) to make the necessary repairs and pay the invoice. The payment will be deducted from the final payment Of the roofing project when it is processed. Additionally the Library has elected to hire A&K Construction again this year to continue on with the re caulking and tuckpointing the remaining portions of the exterior of the building. A proposed agreement is attached. ACTION REQUESTED Approve the Library Roof Repairs Agreement with A & K Construction. /* i a ter �T.�;o�NN�OA AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 23 day of March , 2023 by and between the City of Stillwater, 216 41h Street North, Stillwater, Minnesota 55082, ("City") and A&K Construction (name), 2221 Breault Dr Ste. 400 Hudson WI 54016 (address) ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 12.8.22, & 3.23.23 , incorporated herein as Exhibit A; ii. Other documentation, incorporated herein as Exhibit B. (Hereinafter "Exhibits.") b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. r 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 Cry 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. 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 da a 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. v 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 Mick Greiner 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 Bob Keller _ to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms 2 r r 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 fdr 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. V 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: ,, If to City: If to Contractor: City of Stillwater A&K Construction 216 4t' Street North 2221 Breault Drive Ste. 400 Stillwater, MN 55082 Hudson, WI 54016 Attention: Attention: Bob or Ryan Or e-mailed: m einer(a,ci.stillwater.mn.us Or emailed: rsherleyna.aandkbuilding.com V, 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER STATE OF MINNESOTA COUNTY OF WASHINGTON LIM LE )SS. Ted Kozlowski, Mayor Beth Wolf, City Clerk The foregoing instrument was acknowledged before me this Mayor and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR COMPANY NAME of r r 2021 by Ted Kozlowski, By By (Please Print): V e-n . S 1e.-4,1� Title (Please Print): RTSI Witt C ) V a c a3 r r r 4 '4, Date: 12/08/ 22 Project: Stillwater — Library RE: Repair Lawn Damage Proposal includes all labor and material for the following; • Repair lawn damage by roofing contractor a Import black dirt o Grade o Seed damaged area o Irrigation repair as needed ($350.00 Allowance) o Replace (1) 5xS section of concrete sidewalk Total $6,700.00 Exclusions: Permits, Electrical, Mechanical. Note: This proposal may be withdrawn, if not accepted within 30 days. Respectfully Submitted, A & K Construction Ryan SfeerCey Signature Digitally signed by JQQe �K�oh��im n Joe ON: C*WS, OU=Ad ce of Proposal CAy of,Siilhvater, CN=Joe Kohimann E;;Jt h1mann@cj.stil1water.mn.us j� E2easbgl; r t am the authoor this ocume Ko 1h ! i m a i I 1 ocatint Data; 2(!,3.03.23 t3:54:20-0,�'QO' Foxii PDF Editor Version: 12.1 A Signature 2221 Jack Breault Drive, Suite 400 Hudson, WI 54016 Bus.: (651)-233-0578 • Fax: Web: www.AandKconstruction.com re 12108122 ME Date All pricing and material is based upon the specifications provided. AN work to be completed in a professional manner according to standard practices. Any alterations or deviations from the specifications involving extra costs will be negotiated at that time. All scheduling agreements will be contingent upon delays beyond our control. our workers are fully covered by Worker's Gompensation Insurance. Page 1 of 1 19 Date: 12/ 12/ 22 Project: Stillwater — Library RE: Repair from Roof Damage Proposal includes all labor and material for the following; # • Patch and paint all areas reviewed with Mark • Trying to paint effected areas without painting the entire wall • Work during library hours • Cover as needed • Clean-up each day (cost reflected in price). Total $27,706.00 Exclusions: Permits, Electrical, Mechanical. Note: This proposal may be withdrawn, if not accepted within 30 days. Respectfully Submitted, A & K Construction Ryan Sherfey Signature Digitally signed�i ��ptPOf Proposal Joe DN(C=US, ate , m� o rKohln, 0= City, of Stillwater, CN=Joe Kohlmann, E=jk6hfmann@ci.stillwater.mn.us Reason: I am the author of this /� document � ao' Date 2023.03.23 13:54:48-O5'00' Foxit PDF Editor Version: 12.1.0 2221 Jack Breault Drive, Suite 400 Hudson, WI 54016 Bus.: (651)-233-0578 • Fax: Web: www.AandKconstruction.com 41 12112122 Date f Date Proposal All pricing and material is based upon the specifications provided. All work to be completed in a professional manner according to standard practices. Any alterations or deviations from the specifications involving extra costs will be negotiated at that time. All scheduling agreements will be contingent upon delays beyond our control. Our workers are fully covered by Worker's Compensation Insurance. f Page 1 of 1 V, w A&K 2221 Jack Breault Drive, Suite 400 Hudson, WI 54016 Construction Bus,: (651)-233-0578 • Fax: Web: www.AandKconstruction,gQm Proposal Date: 03/23/23 Project: Stillwater — Library RE: Caulking Front (West) and South Side up to Patio Area Proposal includes all labor and material for the following; • Top of wall stone cap, horizontal and vertical joints cut out and re -caulked • Head and sill of windows cut out and caulked Brick sill bottom of windows caulked • Window jambs not included Tuck pointing as needed • Any work on stone above the main (West) entrance will be determined after further investigation, with a lift during this project, and is not included in the base bid cost below. le Total $43,900.00 Exclusions: Permits, Electrical Note: This proposal may be withdrawn, if not accepted within 30 days. Respectfully Submitted, A & K Construction Qyan Sherfey Signature Acceptance of Proposal SiM-ka"'� gnature it 03123123 Date It a os�3 Date All pricing and material is based upon the specifications provided. All work to be completed in a professional manner according to standard practices. Any alterations or deviations from the specifications involving extra costs will be negotiated at that time. All scheduling agreements will be contingent upon delays beyond our control. Our workers are fully covered by Worker's Compensation Insurance. V, Page 1 of 1 1 water T H E B IRTHPLACE OF MINNESOTA DATE: March 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Merrick Community Services Gambling Off -Site Permit for JX Event Venue BACKGROUND The City has received a Lawful Gambling Application from Merrick Community Services to conduct off -site gambling at JX Event Venue at 123 2nd Street N. The activity requested is pull -tabs, raffles, tipboard and paddlewheel to be held on May 2, 2023. RECOMMENDATION Merrick Community Services has submitted the required documention demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore Staff recommends approving Merrick Community Services to conduct off -site gambling at JX Event Venue on May 2, 2023. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING MERRICK COMMUNITY SERVICES APPLICATION TO CONDUCT OFF -SITE GAMBLING AT JX EVENT VENUE. City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING MERRICK COMMUNITY SERVICES APPLICATION TO CONDUCT OFF -SITE GAMBLING AT JX EVENT VENUE WHEREAS, the Merrick Community Services has submitted an application to the City of Stillwater requesting City approval of an application to conduct Off -Site Gambling at JX Event Venue at 123 2nd Street N, Stillwater, MN 55082; and WHEREAS, Minnesota Statutes 349.165 Subd. 5 Off -site permits states: (a) A licensed organization may conduct lawful gambling on a premises other than the organization's permitted premises if it has first submitted to the board an application and a lease on forms provided by the board, obtained authorization required under section 349.213, and received a permit from the board for each event up to 12 events in a calendar year, not to exceed three days per event; and WHEREAS, the dates for the off -site gambling will take place May 2, 2023; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves Merrick Community Services to conduct Off -Site Gambling at JX Event Venue on May 2, 2203. Adopted by the Stillwater City Council this 4th day of April, 2023 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk �1 1water THE B I R T H P LACE OF M I N N E S O T A DATE: March 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Retail Sale of Fireworks Permit for Cub Foods BACKGROUND Cub Foods has submitted the required application, insurance and fee for a 2023 Retail Sale of Fireworks permit. RECOMMENDATION Staff recommends approval contingent upon the satisfactory completion of application submittal requirements and inspection. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving CUB FOODS A LICENSE TO SELL FIREWORKS PRODUCTS contingent upon the satisfactory completion of application submittal requirements and inspection. /*l Water. THE BIRTHPLACE OF MINNESOTA DATE: April 4, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Roll -off Hauler License BACKGROUND Gorilla Dumpster Bag LLC has submitted an application and fee for a 2023 Roll -off only Haulers License. RECOMMENDATION Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving a roll -off hauler license to Dumpster Gorilla Bag LLC contingent upon the satisfactory completion of application submittal requirements. �l water 1 4 1 " P LAl l OF MIMNf 1 0 1 A DATE: April 4, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2023 St. Croix Crossing Half Marathon Event Application and Contract BACKGROUND Run Stillwater, Inc. has submitted a special event application to host the 2023 Stillwater Half Marathon Event on Saturday, July 29, 2023. Run Stillwater, Inc. has submitted a special event application to host the St. Croix Crossing Half Marathon Event on Saturday, July 29, 2023. The event uses most of the Loop Trail starting in Western Wisconsin and crossing the river using the St. Croix Crossing Bridge. Runners then go North to downtown Stillwater along the upper bike bath. The proposed finish line would be at the loop trail between parking lots 2 and 3. Fees for this event will be charged according to the 2023 Fee Schedule and will be due at least 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 information, route maps and site plans, if Council wishes to approve the special event, they should pass a motion recommending approval of the St. Croix Crossing Half Marathon event and contract with Run Stillwater, Inc. Attachments: Contract Agreement, Event Application Form, Site Plan, and Letter from Event organizer. ST. CROIX CROSSING HALF MARATHON EVENT AGREEMENT WITH RUN STILLWATER, INC. THIS AGREEMENT (the "Agreement") is made this 4th day of April, 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. St. Croix Crossing Half Marathon. The City hereby authorizes Organizer to organize and conduct a race to be known as the St. Croix Crossing 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: July 29, 2023 (5:00 am to 7:30 am) Event: July 29, 2023 (8:00 am to 11:00 am) Cleanup: July 29, 2023 (10:00 am to 12:00 pm) The Race. The "Race" will include a Half Marathon Race. 3. Course for the Race. (a) Half Marathon Course is a USATF-certified race that uses most of the Loop Trail, starting in Western Wisconsin and crossing the St. Croix Crossing bridge into OPH. Runners then go North to Downtown Stillwater along the upper bike path to avoid elevation changes and use the Hwy 95 parking lane where the paths converge at the Oasis Cafe to separate the race from operations at St. Croix Boat & Packet. (b) 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 July 7, 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. 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, St. Croix County (WI) and any other agencies requiring permits for the race) and must submit copies of permits to the City from other agencies by July 7, 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 July 7, 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) inFarnaliononthe plan. This complete plan must be received and approved by the City no later than July 7, 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 July 7, 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 July 7, 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 July 7, 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 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 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) Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. (d) Rubbish Removal. All garbage and refuse generated by the Race, including that left by spectators along the route, will be placed in dumpsters. 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 RUN STILLWATER, INC. is (Print Name) • + r EVENTS PERMIT APPLICATION Leis 216 4th Street North, Stillwater, MN 55082 T H E b I R T H V L C E O f I X M E S b T b Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci,stillwater.mn,us Incomplete applications or applications received after deadline will not be office use only accepted. See Event Instructions for application deadline and fees. Date Application Received Date of Application: 01/09/2023 Type: Event Special Event Event w/ Contract Event Information Title/Name of Event St. Croix Crossing Half Marathon 2023 Event Date/Time: Set up: Date July 29, Time 0500 to 0700 Actual Event: Date July 29, 2023 Time 0700 to 1100 Clean up: Date July 29, 2023 Time 1000 to 1200 (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) Parking Lot 3 and north portion of Parking Lot 2. See map provided. Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) The St. Croix Crossing Half Marathon is a USATF-certified race. The race uses most of the Loop Trail, starting in western Wisc. and crossing the river using the St. Croix Crossing bridge into OPH. Runners then go north to downtown Stillwater along the upper bike path to avoid elevation changes, and use the Hwy 95 parking lane where the paths converge at the Oasis Cafe to separate the race from operations at St. Croix Boat & Packet. Runners use the north edge of Parking Lot 1 to get back on the trail. The finish line is at the NE corner of The Freight House on the Loop Trail. Parking Lot 3 and the north part of Lot 2 are used for recovery, medical support, finish line opps, the race announcer and portapotties (see map included.) Estimated Attendance (participants and spectators): 1200 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 Phone Number: (651) 470-3802 Fax: NA Cell Phone: (651) 470-3802 Email Address: stacy@runstillwater.com Website Address: https://www.runstillwater.com/st-croix-crossing/ Name of contact person during event: Stacy Einck Cell Phone: (651) 470-3802 Alternate contact during event: Kate Mertz Cell Phone: (651) 261-9997 Refer media or citizens inquires to: Stacy Einck Phone: (651) 470-3802 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 ❑X Number and size: TBD Will there be any inflatables? No ® Yes ❑ Insurance certificate from rental vendor is required Will there be entertainment? No X❑ Yes ❑ What type: Fees for electricity may apply see Instructions Will sound amplification be used? No ❑ Yes ❑X Hours and Type: 0700-1100finish line announcer Will a stage or tent(s) be set up? No ❑ Yes ® Dimensions: 10x10 held with weights. No stakes. Will there be temporary fencing? No ❑ Yes X❑ Will merchandise/food items be sold? No X❑ Yes ❑ How many Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No X❑ Yes ❑ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ® Yes ❑ Contact Stillwater Fire Department 351-4950 Will alcohol be served but not sold? No X❑ Yes ❑ See Alcohol Regulations in the Instructions Will alcohol be sold? No ❑X Yes ❑ See Alcohol Regulations in the Instructions Will there be a fireworks display? No ® Yes ❑ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. A small generator is used for the PA. Only if needed, power will be be pulled from the power source in the park. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available This is a destination race for many runners. We advertise nationally and regionally through digital ads to the running community, using social media and Google. Local and national running calendars accessed by the running community. Through Explore Minnesota, Discover Stillwater and local Twin Cities media. City Services (After reviewing the event application, City services maybe 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 ® Start/End Time: 0500 Date: 1100 City Sidewalks or Trails No ❑ Yes ® Start/End Time: 0500 Date: 1100 Public Parking Lots or Spaces No ❑ Yes ® Start/End Time: 0500 Date: 1200 Will event need barricade(s)? No ❑ Yes © Number needed: TBD to block parking lots Fees may apply see Instructions Will extra picnic tables be needed? No ® Yes ❑ Number needed: Fees may apply see Instructions Will portable restrooms be needed? No ElYes ® Number needed: Eventwill provide Fees may apply see Instructions Will extra trash receptacles be needed? No ❑ Yes ® Number needed: Event will provide Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Event staff will the ensure all areas used by the race are spotless upon leaving. Event will be responsible for trash removal generated by the event. Will event need traffic control? No ❑ Yes RI Contact Stillwater Police Departmentforassistance, 651-351-4900 Minimal traffic control needed. Details TBD Describe crowd control procedure to ensure the safety of participants and spectators: Runners will come into town on the upper bike trail of Loop Trail and continue in coned parking along Hwy 95 from Oasis Cafe to north entrance of Parking Lot 1. Traffic control will be needed at Sunnyside entrance and the Loop Trail crossing on Nelson. Spectators will gather along the trail and in Lowell Park. Will "No Parking Signs" be needed? No ❑ Yes X❑ Number needed: TBD Fees may apply see Instructions Show location(s) on site map Will event need security? No ® Yes ❑ If event is overnight security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ❑ Yes ® Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Lakeview EMS is used for medical services as directed by the Medical Director of the race. Describe the emergency action plan if severe weather should arise: See attached safety plan for details. List any other pertinent information: We recommend race staff meeting with the City, SPD, SFD and Lakeview EMS in the days preceding the event to review event attendance numbers, plans and responsibilities. Date/time TBD. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear. " As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a release of Liability. , Coordinator Signature of Applicant or Authorized Agent 01-09-2023 Date uN3S�[LLWATE� Stillwater 1/2 Marathon Lift Bridge Road Race St. Croix Crossing Half Marathon Gopher to Badger Half Marathon Stillwater Boom Site Log Run Half • 10K • 5K 10M • 10K • 5K Half • 10K • 5K Half • 10K • 5K 10M • 12K • 5K May 27, 2023 June 24, 2023 July 29, 2023 August 12, 2023 September 16, 2023 January 9, 2023 Jason Grode Parks Superintendent City of Stillwater 216 4th Street North Stillwater, MN 55082 Jason, Enclosed please find our event application for the St. Croix Crossing Half Marathon on July 29, 2023. Included are the following documents: 1. Course maps within the city 2. Course control plan approaching the finish line 3. Site plan for finish area in downtown Stillwater 4. Safety and emergency plan Prior to the event, we will provide: • Any final changes to the site plans and or emergency plans • Status on number of registrants • Copies of all related permits • Proof 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. Best regards, Stacy Einck Coordinator Run Stillwater, Inc. HALF MARATHON ELEVATION 1100 4D0Mod- - 115 Uj- 8 2 d 6 9 #d 12 19.1 Distom (miles) Doll wood /?d 41 S Z 35 n 5 HouRan � ■ Elementary Srltaor c Houlrou School Circle W®rerSfrserInn Per HOUltOfl Stillwater 510W ■ x�SL� I �A�xS� Hour & Park & Ride cr• a Ork;ins Si E Sunnyside Aar1. %Dc Hwy 36 St. Croix Crossing Half Marathon Race Start Time: All races begin at 7:00 a.m. . Aid Station- Gatorade & water (portable restrnoms along the course but not at aid stations) Q Mile Mark A rKkv en Scout Camp Anderacn SCoc St Cmur Nabmaf GOR & EventCenter Gi IJ ■ ■ a ` Finanteer Church bi i Hwy!', E State Hwy 35 ■ B+9 CTuY £ B&W Roadhouse FA r °R Tr ■ Tome Of St Joseph Tower Hag rX sv 125th Ave St. Croix Crossing Half Marathon — July 29, 2023 Downtown approach to finish Stillwater, MN i rA II & Mail Sho 0 Nacho Mama's 19 Teddy Bear Park Pyre S � e T Wa\nJ`��a N Freight House Dock ♦'afe . V 2� G F., -v St. croix*Kgat & Packet gyp► 0 4'z • N : . R Use of Loop Trail from Bridge to Oasis, staying on bike path. Move runners to STH95 from Oasis to north drive lane of Lot 1, then east to get back on Trail Finish Line Public Safety/ Race Marshals to control intersections, parking access and trail crossing as needed (TBD) Aid Station Willard St W Willard St E Prepared by Run Stillwater, Inc.—10/18/22 St. Croix Crossing Half Marathon — July 29, 2023 Preferred Finish Area Approach Detail Stillwater, MN I ?nue j;A Cj ;)Water Street Inn (95) Leo's Grill & Malt Sho t T ,est��t St LoLo American Kitchen and Craft Bar YFrojc t House Nacho Mama's Ln Lion's Tavern 9 e�sor' ock Cafe N � � Tin Bins ...........> Use of Loop Trail from Sunnyside to north entrance of Lot 1, staying on bike path (safest for runners — wider path, straight, minimal decline/incline). Road closed Trail alert, barriers, signage 0700-1100 Finish line Recovery food and medals Crowd barriers/cones Portapotties PA announcer (tent, no stakes) Emergency Vehicles Course Marshals Public Safety (SPD officer) Locations for finish area equipment is approximate (PA announcer, finish line food, portapotties, etc.) Prepared by Run Stillwater, Inc.—10/18/22 St. Croix Crossing Half Marathon — July 29, 2023 Preferred Finish Area Layout, Proposed Parking Needed from 5:00 a.m. to 12:00 noon Stillwater, MN ef Finish line to Cones or Crowd barriers Sawhorse barricades Proposed Reserved Parking Needed Cones for turnaround Prepared by Run Stillwater, Inc.—10/18/22 St. Croix Crossing Half Marathon Event Date: July 29, 2023 Water Stations, Mobile, Spotters, etc. Traffic Plan & Staffing Emergency Plan Staffing Run Stillwater Inc. Race Coordinators Stacy Einck, Kate Mertz, , Finish Line Coordinator Jon Neitzel , Marshal Coordinator Dr. Lincoln Likness, -, Medical Director Half/101K/51K Starts Staffed — 8 to 10 people Basic first aid kit Porta potties Water Bag drop Water/Aid Stops At two-mile increments — see course map Staffed — 8 to 10 people Water/Gatorade Basic first aid kit Porta potty(s) — in the area On course mobile Moving along the course monitoring runners Lakeview EMS (roaming as needed) Sag bus/van following the last runner Bike patrol following the last runner (on trail portion) Race staff (roaming) Spotters - Marshals On the course in fixed positions Every intersection on the course will have a course spotter/marshal wearing approved safety vests. They will direct runners as needed, 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/Van Following the last runner A bus/van will follow the last runner from the start line 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 EMS staff will be located. St. Croix Crossing Half Marathon/51K Race Date: July 29, 2023 Finish Line Lakeview EMS w/ Ambulance (dedicated) Ice Water Gatorade Bouillon cubes (if needed) Recovery Food: Carbs Salty Fruit Fireman's mist (if needed and pending availability) 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 with 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 — (see map) Traffic on the course will be controlled by public safety officers, and course marshals. All marshals will wear approved safety vests. The marshals have all received training in traffic control. Each intersection on the course will be staffed. The first 1.6 miles of the course are on 125th Ave. and 271h St. Public safety officers along with his/her squad car with lights flashing will be positioned behind the start line on 125th Ave. and at the intersection of 271h St. and Cty. E to control traffic. The course crosses St. Croix County E. A public safety officer along with his/her squad car with lights flashing, will cover that intersection to ensure the runners' safe crossing. The course crosses St. Croix County V when it leaves Arbor Hills Dr. A public safety officer along with his/her squad car with lights flashing, will cover that intersection to ensure runners safe crossing to the east shoulder. As runners travel north on St. Croix County V they cross the interchange bridge over St. Hwy. 64. Per requirements of WisDOT, lighted "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. Runners will proceed on the East/North/West side of Andersen Scout Camp Road to the "T" intersection at the service road on the north side of 64 where they will move to the south side of the road, within cones on the shoulder. St. Croix Crossing Half Marathon/51K Race Date: July 29, 2023 Runners will remain on this side of the road to Houlton School Rd. where they will turn East and pick up the St. Croix Crossing Loop Trail. Emergency Plan Race staff and public safety representatives will meet at a mutually agreeable time before the race to review all aspects of the emergency plan. Medical support for the event will be coordinated and managed by Medical Director Dr. Lincoln Likness of Hudson Physicians. 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. 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. All public safety officer contacts 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 (7:00 a.m. — 10:00 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. St. Croix Crossing Half Marathon/51K Race Date: July 29, 2023 • 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. Evacuation Plan If the races is stopped because of severe weather, or any other reason, the decision to stop the race 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 course. 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. Runners will be delivered to The Water Street Inn in downtown Stillwater so they can return to their cars. 4 City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION SUPPORTING REVITALIZATION OF THE STATE HISTORIC STRUCTURE REHABILITATION TAX CREDIT WHEREAS, the City of Stillwater prides itself in being a leader in historic, heritage and cultural resources preservation, being the Birthplace of Minnesota; and WHEREAS, historic preservation plays an important role in the City of Stillwater's economic development goals; and WHEREAS, proper historic preservation requires partnerships and resources due to the economics of the synergy between economic development, historic preservation, and modern day health and safety codes; and WHEREAS, the State of Minnesota's Historic Structure Rehabilitation Tax Credit was passed into law in 2010 and expired in 2021 and provided a 20 percent tax credit for developers who restore and rehabilitate historic structures that complements the federal historic tax credit; and WHEREAS, according to RevitalizeMN, the program has created more than 29,000 jobs, generated nearly $6 Billion for Minnesota's economy, and saved more than 170 historic buildings from demolition; and WHEREAS, Senate File 1340 and House File 1488 have been introduced in the 2023 Minnesota Legislature to revive this historic tax credit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The City of Stillwater officially supports the revitalization of the State of Minnesota Historic Tax Credit. 2. The City Clerk is instructed to distribute this Resolution of Support to the City's State Legislative Delegation, the Senate Tax Committee Chair (Senator Rest), and the House Tax Committee Chair (Representative Gomez). Adopted by the Stillwater City Council this 4th day of April 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 01/30/23 REVISOR EAP/JW 23-02580 SENATE STATE OF MINNESOTA NINETY-THIRD SESSION (SENATE AUTHORS: DZIEDZIC, Rasmusson, Jasinski, Rest and Weber) DATE D-PG OFFICIAL STATUS 02/06/2023 683 Introduction and first reading Referred to Taxes 1.1 A bill for an act as introduced S.F. No. 1340 1.2 relating to taxation; individual income; corporate franchise; modifying the credit 1.3 for historic structure rehabilitation; amending Minnesota Statutes 2022, section 1.4 290.0681, subdivisions 2, 3, 4; repealing Minnesota Statutes 2022, section 1.5 290.0681, subdivision 10. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2022, section 290.0681, subdivision 2, is amended to read: 1.8 Subd. 2. Credit or grant allowed; certified historic structure. (a) A credit is allowed 1.9 against the tax imposed under this chapter equal to not more than 100 percent of the credit 1.10 allowed under section 47(a) of the Internal Revenue Code for a project. The credit is payable 1.11 in five equal yeafly ifistaliments begifining with the year the project is placed in service. To 1.12 qualify for the credit: 1.13 (1) the project must receive Part 3 certification and be placed in service during the taxable 1.14 year; and 1.15 (2) the taxpayer must be allowed the federal credit and be issued a credit certificate for 1.16 the taxable year as provided in subdivision 4. 1.17 (b) The commissioner of administration may pay a grant in lieu of the credit. The grant 1.18 equals 90 percent of the credit that would be allowed for the project. The grant is payable 1.19 in five equal yeafly installments begifming wi the year the project is placed in service. 1.20 (c) In lieu of the credit under paragraph (a), an insurance company may claim a credit 1.21 against the insurance premiums tax imposed under chapter 297I. Section 1. 1 01/30/23 REVISOR EAP/JW 23-02580 as introduced 2.1 EFFECTIVE DATE. This section is effective for applications for allocation certificates 2.2 submitted after June 30, 2023. 2.3 Sec. 2. Minnesota Statutes 2022, section 290.0681, subdivision 3, is amended to read: 2.4 Subd. 3. Applications; allocations. (a) To qualify for a credit or grant under this section, 2.5 the developer of a project must apply to the office before the rehabilitation begins. The 2.6 application must contain the information and be in the form prescribed by the office. The 2.7 office may collect a fee for application of up to 0.5 percent of qualified rehabilitation 2.8 expenditures, up to $40,000, based on estimated qualified rehabilitation expenditures, to 2.9 offset costs associated with personnel and administrative expenses related to administering 2.10 the credit and preparing the economic impact report in subdivision 9. Application fees are 2.11 deposited in the account. The application must indicate if the application is for a credit or 2.12 a grant in lieu of the credit or a combination of the two and designate the taxpayer qualifying 2.13 for the credit or the recipient of the grant. 2.14 (b) Upon approving an application for credit, the office shall issue allocation certificates 2.15 that: 2.16 (1) verify eligibility for the credit or grant; 2.17 (2) state the amount of credit or grant anticipated with the project, with the credit amount 2.18 equal to 100 percent and the grant amount equal to 90 percent of the federal credit anticipated 2.19 in the application; 2.20 (3) state that the credit or grant allowed may increase or decrease if the federal credit 2.21 the project receives at the time it is placed in service is different than the amount anticipated 2.22 at the time the allocation certificate is issued; and 2.23 (4) state the fiscal year in which the credit or grant is allocated, and that the taxpayer or 2.24 grant recipient is entitled to receive one fifth o the total amount of either the credit or the 2.25 grant at the time the project is placed in service, provided that date is within three calendar 2.26 years following the issuance of the allocation certificate. 2.27 (c) The office, in consultation with the commissioner, shall determine if the project is 2.28 eligible for a credit or a grant under this section and must notify the developer in writing 2.29 of its determination. Eligibility for the credit is subject to review and audit by the 2.30 commissioner. 2.31 (d) The federal credit recapture and repayment requirements under section 50 of the 2.32 Internal Revenue Code do not apply to the credit allowed under this section. Sec. 2. 2 01/30/23 REVISOR EAP/JW 23-02580 as introduced 3.1 (e) Any decision of the office under paragraph (c) may be challenged as a contested case 3.2 under chapter 14. The contested case proceeding must be initiated within 45 days of the 3.3 date of written notification by the office. 3.4 EFFECTIVE DATE. This section is effective for applications for allocation certificates 3.5 submitted after June 30.2023. 3.6 Sec. 3. Minnesota Statutes 2022, section 290.0681, subdivision 4, is amended to read: 3.7 Subd. 4. Credit certificates; grants. (a)(1) The developer of a project for which the 3.8 office has issued an allocation certificate must notify the office when the project is placed 3.9 in service. Upon verifying that the project has been placed in service, and was allowed a 3.10 federal credit, the office must issue a credit certificate to the taxpayer designated in the 3.11 application or must issue a grant to the recipient designated in the application. The credit 3.12 certificate must state the amount of the credit. 3.13 (2) The credit amount equals the federal credit allowed for the project. 3.14 (3) The grant amount equals 90 percent of the federal credit allowed for the project. 3.15 (b) The recipient of a credit certificate may assign the certificate to another taxpayer 3.16 before the first one f;payment is claimed, which is then allowed the credit under this 3.17 section or section 297I.20, subdivision 3. Before the payment is claimed, the first assignee 3.18 may subsequently assign the credit certificate in whole, but not in part, to a second assignee. 3.19 A second assignment may only be assigned to a financial institution. An assignment is not 3.20 valid unless the assignee notifies the commissioner within 30 days of the date that the 3.21 assignment is made. The commissioner shall prescribe the forms necessary for notifying 3.22 the commissioner of the assignment of a credit certificate and for claiming a credit by 3.23 assignment. The original credit certificate recipient, and each assignee, must file a return 3.24 with the commissioner for the taxable year that the project is placed in service. 3.25 (c) Credits passed through to partners, members, shareholders, or owners pursuant to 3.26 subdivision 5 are not an assignment of a credit certificate under this subdivision. 3.27 (d) A grant agreement between the office and the recipient of a grant may allow the 3.28 grant to be issued to another individual or entity. 3.29 EFFECTIVE DATE. (a) Except as provided in paragraph (b), this section is effective 3.30 for projects placed in service after June 30, 2023. 3.31 (b) The striking of language in paragraph (b) is effective for applications for allocation 3.32 certificates submitted after June 30.2023. Sec. 3. 3 01/30/23 REVISOR EAP/JW 23-02580 as introduced 4.1 Sec. 4. REPEAL OF EXPIRATION AND REVIVAL OF EXPIRED PROVISIONS. 4.2 (a) Minnesota Statutes 2022, section 290.0681, subdivision 10, is repealed. 4.3 (b) The expired provisions of Minnesota Statutes, section 290.0681, subdivisions 1 to 4.4 9, as amended by sections 1 to 3, are revived and reenacted. 4.5 EFFECTIVE DATE. Paragraph (a) is effective the day following final enactment. 4.6 Paragraph (b) is effective for applications for allocation certificates submitted after June 4.7 30, 2023. Sec. 4. 4 APPENDIX Repealed Minnesota Statutes: 23-02580 290.0681 CREDIT FOR HISTORIC STRUCTURE REHABILITATION. Subd. 10. Sunset. This section expires after fiscal year 2022, except that the office's authority to issue credit certificates under subdivision 4 based on allocation certificates that were issued before fiscal year 2023 remains in effect through 2025, and the reporting requirements in subdivision 9 remain in effect through the year following the year in which all allocation certificates have either been canceled or resulted in issuance of credit certificates, or 2026, whichever is earlier. Up. 01/30/23 REVISOR EAP/JW 23-02580 This Document can be made available in alternative formats upon request State of Minnesota HOUSE OF REPRESENTATIVES NINETY-THIRD SESSION H. F. No. 1488 02/08/2023 Authored by Youakim; Olson, L.; Davids; Stephenson; Her and others The bill was read for the first time and referred to the Committee on Taxes 1.1 A bill for an act 1.2 relating to taxation; individual income; corporate franchise; modifying the credit 1.3 for historic structure rehabilitation; amending Minnesota Statutes 2022, section 1.4 290.0681, subdivisions 2, 3, 4; repealing Minnesota Statutes 2022, section 1.5 290.0681, subdivision 10. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2022, section 290.0681, subdivision 2, is amended to read: 1.8 Subd. 2. Credit or grant allowed; certified historic structure. (a) A credit is allowed 1.9 against the tax imposed under this chapter equal to not more than 100 percent of the credit 1.10 allowed under section 47(a) of the Internal Revenue Code for a project. The credit is payable 1.11 in five equal yeafly ifistaliments begifining with the year the project is placed in service. To 1.12 qualify for the credit: 1.13 (1) the project must receive Part 3 certification and be placed in service during the taxable 1.14 year; and 1.15 (2) the taxpayer must be allowed the federal credit and be issued a credit certificate for 1.16 the taxable year as provided in subdivision 4. 1.17 (b) The commissioner of administration may pay a grant in lieu of the credit. The grant 1.18 equals 90 percent of the credit that would be allowed for the project. The grant is payable 1.19 in five equal yeafly installments begifming wi the year the project is placed in service. 1.20 (c) In lieu of the credit under paragraph (a), an insurance company may claim a credit 1.21 against the insurance premiums tax imposed under chapter 297I. Section 1. 1 01/30/23 REVISOR EAP/JW 23-02580 2.1 EFFECTIVE DATE. This section is effective for applications for allocation certificates 2.2 submitted after June 30, 2023. 2.3 Sec. 2. Minnesota Statutes 2022, section 290.0681, subdivision 3, is amended to read: 2.4 Subd. 3. Applications; allocations. (a) To qualify for a credit or grant under this section, 2.5 the developer of a project must apply to the office before the rehabilitation begins. The 2.6 application must contain the information and be in the form prescribed by the office. The 2.7 office may collect a fee for application of up to 0.5 percent of qualified rehabilitation 2.8 expenditures, up to $40,000, based on estimated qualified rehabilitation expenditures, to 2.9 offset costs associated with personnel and administrative expenses related to administering 2.10 the credit and preparing the economic impact report in subdivision 9. Application fees are 2.11 deposited in the account. The application must indicate if the application is for a credit or 2.12 a grant in lieu of the credit or a combination of the two and designate the taxpayer qualifying 2.13 for the credit or the recipient of the grant. 2.14 (b) Upon approving an application for credit, the office shall issue allocation certificates 2.15 that: 2.16 (1) verify eligibility for the credit or grant; 2.17 (2) state the amount of credit or grant anticipated with the project, with the credit amount 2.18 equal to 100 percent and the grant amount equal to 90 percent of the federal credit anticipated 2.19 in the application; 2.20 (3) state that the credit or grant allowed may increase or decrease if the federal credit 2.21 the project receives at the time it is placed in service is different than the amount anticipated 2.22 at the time the allocation certificate is issued; and 2.23 (4) state the fiscal year in which the credit or grant is allocated, and that the taxpayer or 2.24 grant recipient is entitled to receive one fifth o the total amount of either the credit or the 2.25 grant at the time the project is placed in service, provided that date is within three calendar 2.26 years following the issuance of the allocation certificate. 2.27 (c) The office, in consultation with the commissioner, shall determine if the project is 2.28 eligible for a credit or a grant under this section and must notify the developer in writing 2.29 of its determination. Eligibility for the credit is subject to review and audit by the 2.30 commissioner. 2.31 (d) The federal credit recapture and repayment requirements under section 50 of the 2.32 Internal Revenue Code do not apply to the credit allowed under this section. Sec. 2. 2 01/30/23 REVISOR EAP/JW 23-02580 3.1 (e) Any decision of the office under paragraph (c) may be challenged as a contested case 3.2 under chapter 14. The contested case proceeding must be initiated within 45 days of the 3.3 date of written notification by the office. 3.4 EFFECTIVE DATE. This section is effective for applications for allocation certificates 3.5 submitted after June 30.2023. 3.6 Sec. 3. Minnesota Statutes 2022, section 290.0681, subdivision 4, is amended to read: 3.7 Subd. 4. Credit certificates; grants. (a)(1) The developer of a project for which the 3.8 office has issued an allocation certificate must notify the office when the project is placed 3.9 in service. Upon verifying that the project has been placed in service, and was allowed a 3.10 federal credit, the office must issue a credit certificate to the taxpayer designated in the 3.11 application or must issue a grant to the recipient designated in the application. The credit 3.12 certificate must state the amount of the credit. 3.13 (2) The credit amount equals the federal credit allowed for the project. 3.14 (3) The grant amount equals 90 percent of the federal credit allowed for the project. 3.15 (b) The recipient of a credit certificate may assign the certificate to another taxpayer 3.16 before the first one f;payment is claimed, which is then allowed the credit under this 3.17 section or section 297I.20, subdivision 3. Before the payment is claimed, the first assignee 3.18 may subsequently assign the credit certificate in whole, but not in part, to a second assignee. 3.19 A second assignment may only be assigned to a financial institution. An assignment is not 3.20 valid unless the assignee notifies the commissioner within 30 days of the date that the 3.21 assignment is made. The commissioner shall prescribe the forms necessary for notifying 3.22 the commissioner of the assignment of a credit certificate and for claiming a credit by 3.23 assignment. The original credit certificate recipient, and each assignee, must file a return 3.24 with the commissioner for the taxable year that the project is placed in service. 3.25 (c) Credits passed through to partners, members, shareholders, or owners pursuant to 3.26 subdivision 5 are not an assignment of a credit certificate under this subdivision. 3.27 (d) A grant agreement between the office and the recipient of a grant may allow the 3.28 grant to be issued to another individual or entity. 3.29 EFFECTIVE DATE. (a) Except as provided in paragraph (b), this section is effective 3.30 for projects placed in service after June 30, 2023. 3.31 (b) The striking of language in paragraph (b) is effective for applications for allocation 3.32 certificates submitted after June 30.2023. Sec. 3. 01/30/23 REVISOR EAP/JW 23-02580 4.1 Sec. 4. REPEAL OF EXPIRATION AND REVIVAL OF EXPIRED PROVISIONS. 4.2 (a) Minnesota Statutes 2022, section 290.0681, subdivision 10, is repealed. 4.3 (b) The expired provisions of Minnesota Statutes, section 290.0681, subdivisions 1 to 4.4 9, as amended by sections 1 to 3, are revived and reenacted. 4.5 EFFECTIVE DATE. Paragraph (a) is effective the day following final enactment. 4.6 Paragraph (b) is effective for applications for allocation certificates submitted after June 4.7 30, 2023. Sec. 4. 4 APPENDIX Repealed Minnesota Statutes: 23-02580 290.0681 CREDIT FOR HISTORIC STRUCTURE REHABILITATION. Subd. 10. Sunset. This section expires after fiscal year 2022, except that the office's authority to issue credit certificates under subdivision 4 based on allocation certificates that were issued before fiscal year 2023 remains in effect through 2025, and the reporting requirements in subdivision 9 remain in effect through the year following the year in which all allocation certificates have either been canceled or resulted in issuance of credit certificates, or 2026, whichever is earlier. Up. Economic Impact of Projects Leveraged by the Minnesota Historic Rehabilitation Tax Credit: Fiscal Year 2022 A report of the Economic Impact Analysis Program 4 wi. Y t L d t h. Nk , 1z ro—OWWO 1 Program sponsor: Minnesota Department of Administration, State Historic Preservation Office-, Photo: Lewis P. and Lisbeth (Putnam) Hunt House, Mankato Economic Impact of Projects Leveraged by the Minnesota Historic Rehabilitation Tax Credit: Fiscal Year 2022 A report of the Economic Impact Analysis Program January 2023 Authored by Brigid Tuck, Senior Economic Impact Analyst, University of Minnesota Extension With contribution from Madelyn Wehe, Intern, University of Minnesota Extension Cover Photo Credit: Moulin Rouge House Bed and Breakfast Editor: Elyse Paxton, Senior Editor, Center for Community Vitality Report Reviewers: Michele Decker, Administrative Specialist, State Historic Preservation Office Catherine Sandlund, Design Reviewer, State Historic Preservation Office Bruce Schwartau, Program Leader, Center for Community Vitality Amy Spong, Director and Deputy State Historic Preservation Officer, State Historic Preservation Office Natascha Wiener, Historical Architect, State Historic Preservation Office Partner: Minnesota Department of Administration, State Historic Preservation Office As part of Minnesota's historic tax credit legislation, the State Historic Preservation Office "must annually determine the economic impact to the state from the rehabilitation of property for which credits or grants are provided" (Minnesota Statues, Chapter 290.0681, Subdivision 9). To complete this charge, the State Historic Preservation Office has contracted annually with University of Minnesota Extension's economic impact analysis (EIA) program. Pursuant to Minnesota Statutes, Chapter 3.197 regarding the cost of reports, the total for this study was $3,000. The Minnesota State Historic Preservation Office is financed, in part, with federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions presented do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names nor commercial products constitute endorsement or recommendation by the Department of the Interior. Regulations of the U.S. Department of Interior strictly prohibit unlawful discrimination in federally assisted programs on the basis of race, color, national origin, disability, or age. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of federal assistance should write to: Office of Equal Opportunity, National Park Service, 1849 C Street, N.W. Washington, DC, 20240. The data, analysis, and findings described in this report are specific to the geography, time period, and project requirements of the Minnesota Historic Rehabilitation Tax Credit. Findings are not transferable to other jurisdictions. Extension neither approves nor endorses the use or application of findings and other contents in this report by other jurisdictions. © 2023, Regents of the University of Minnesota. University of Minnesota Extension is an equal opportunity educator and employer. In accordance with the Americans with Disabilities Act, this publication/material is available in alternative formats upon request. Direct requests to 612-624-2116. -L Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 Table of contents Executive Summary 1 Introduction 3 Implementing the Credit in Minnesota 4 Economic Impact in Fiscal Year 2022 5 Scope of the Analysis 5 Direct Impact 6 Total Impact 6 Top Sectors Impacted 7 State and Local Tax Collections 8 Economic Impact Fiscal Years 2011-2022 8 Total Impacts by Fiscal Year 9 Location of Projects In -Progress between FY 2011 and 2022 10 Projects in Context of their Neighborhoods 11 Case Studies of Completed Projects 13 Cloquet High School 13 Hunt House 16 Moorhead Storage and Transfer Building 18 Rand Tower 20 Impact of Case Studies on Property Tax Collections 22 Appendix: Definitions and Terms 23 Figure 1: Interior of Lewis P. and Lisbeth (Putnam) Hunt House, Mankato Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 iii Authored by Brigid Tuck, senior economic impact analyst ' Executive Summary: Economic Impact of Projects Leveraged by the Minnesota Historic Rehabilitation Tax Credit: FY 2022 To encourage historic preservation, the Minnesota state legislature enacted the Minnesota Historic Rehabilitation Tax Credit in 2010. The State Historic Preservation Office (SHPO) and the Minnesota Department of Revenue jointly administered the credit. During the 2022 legislative session, the credit program was allowed to expire and sunsetted on June 30, 2022. SHPO partners annually with University of Minnesota Extension to analyze the impact of the credit. This report is a summary of the analysis for the Fiscal Year 2022 (FY22), which covers the period of July 1, 2021 to June 30, 2022. The analysis focuses on the impact of the state credit. Major findings for projects submitted in FY22 include: • Developers filed 15 applications for new projects. More than half (eight) are in Greater Minnesota. • Project developers plan to spend $209.9 million on their rehabilitation efforts. • Including the ripple effects, the projects will generate an estimated $349.8 million of economic activity in Minnesota. This includes $95.9 million in labor income, primarily going to Minnesota workers and their families. The FY22 tax credit will support an estimated 1,250 jobs. • For every dollar of state tax credit awarded, the projects will generate $9.90 in economic activity. • Construction projects generate tax revenues as they are completed. State and local tax collections from the construction phase alone will repay slightly more than a third of the tax credits awarded in FY22. Key Statistics: Minnesota Historic Rehabilitation Tax Credit, Economic Contribution, FY22 4\ $35.4 $349.8 $9.90 million million 35% INVESTMENT ECONOMIC ACTIVITY RETURN STATE &LOCAL TAXES sta.- - --lbybusinesses Economic activity per Regainedbythe- -.ts' dollar invested completion Major findings for projects completed during the periods of FYI to FY22 include: • Projects included in this report have generated $5.9 billion in economic activity since FYI 1. The credit has supported 29,750 jobs, paying $2.2 billion in labor income. • A mapping project shows that approximately half of the projects in Minneapolis, Saint Paul, and Duluth are in socially vulnerable neighborhoods. —'01 Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 Projects Leveraged by Historic Tax Credit 2022 Outcomes $349.8 million future economic activity generated from projects supporting I .3K jobs S applications filed by developers Every $1 of tax credit ' created $9.90 of economic activity in the state $209.9 million spending planned by project developers 35% of credit costs repaid immediately after completed , construction Program sunset on June 30, 2022. Introduction Efforts to recognize history through the preservation of buildings stretch back nearly to the founding of the United States. Initial activities focused on preserving the history of early America, including Mount Vernon. With time, however, efforts expanded. In 1931, "Old buildings are witnesses to the citizens in Charleston, South Carolina established the first aesthetic and cultural history of a historic district to protect against the changes associated city, helping to give people a sense of with automobile traffic.' place and connection to the past." Norwalk Tomorrow A decade of economic expansion in the 1950s put intense pressure on historic preservation. Many buildings and districts were torn down for new development and transportation routes. In response, historic preservation advocates pushed for the creation of the National Historic Preservation Act (the Act) in 1966. The Act established State Historic Preservation Offices, the National Register of Historic Places, and created a set of standards to guide decisions at the state and national level. The Act, however, did not include financial incentives to promote private development and reuse of historic properties. As historic preservation efforts continued, that need became apparent. Thus, in 1986, the Federal Historic Preservation Tax Credit was adopted and became a continuous program. The federal credit provides a 20 percent income tax credit to project developers. Projects must meet two criteria in order to qualify. First, the property must be listed in the National Register of Historic Places. Second, the final use of the property must be income producing. The National Park Service, Internal Revenue Service, and State Historic Preservation Offices partner to administer the federal credit. Figure 2: In -Progress Project, Printers Exchange Minneapolis To further encourage historic preservation, many states enacted a matching state historic rehabilitation tax credit. The Minnesota Historic Rehabilitation Tax Credit passed in 2010. The credit was set to sunset after fiscal year 2021 but received a one-year extension in the 2021 legislative session. During the 2022 legislative session, the credit was not extended and the program sunsetted ' Wisconsin Historical Society. (n.d.). Beginnings of the preservation movement. https://www.wisconsinhistory.org/Records/Article/CS 10 5 Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 on June 30, 2022. Minnesota's credit mirrored the federal credit in that the State Historic Preservation Office (SHPO) and the Minnesota Department of Revenue jointly administered the credit. The federal credit is still an active program and did not sunset. The Minnesota Historic Rehabilitation Tax Credit authorizing language included a provision requiring SHPO to annually assess the economic impact of the program. This report satisfies that requirement and is Extension's 12th report on this topic. This report includes several sections. The first section includes a discussion of the current impact of the tax credit, focusing on projects approved within the fiscal year. The second section explores the impact of the tax credit during its 12-year history. Finally, the report wraps up with case studies. The case studies showcase projects that have reached completion. This approach allows Extension to complete the annual economic impact analysis within the parameters of the legislation. However, the approach does mean certain aspects and values of historic preservation are not included in the calculations. Implementing the Credit in Minnesota The Minnesota Historic Rehabilitation Tax Credit allowed for either 1) a state income tax credit or 2) a grant in lieu of the credit. The income tax credit allowed a credit of up to 20 percent of qualifying expenses if a property met eligibility requirements. A grant in lieu of a credit (equal to 90 percent of allowable credit) was available to property owners as an alternative. Project developers interested in securing the both the state and federal tax credit complete the application and receive approval from both state and federal agencies. At the national level, developers secure approval from the National Park Service. The National Park Service labels its approval system with numbers — Parts I, II, and III. For Minnesota developers, the Part I approval certifies that the property is historically significant. The federal Part II application describes the current condition of the building and lays out the plans for rehabilitation. The Secretary of the Interior's Standards for Rehabilitation are then used to evaluate the project plans. A Part III is submitted once the rehabilitation work was completed and certified that the project meets the Standards.' See appendix for more on the terms and application process. As property developers move through the National Park Service approval process, they also filed for state approvals to be eligible for the state credit. In conjunction with the federal Part II form, developers also filed a state Part A application. The state Part A application required a detailed budget of anticipated costs, which Extension used to measure the economic Figure 3: SHPO, DNR and Project Team Talking During Tax Project Site Visit impact of the projects. Likewise, with the Part III application, developers submitted a Part B at the 2 National Park Service (n.d.). Application process. Technical Preservation Services. Retrieved from https://www.nps.gov/tps/tax-incentives/application-process.htm -� Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 4 state level. The Part B form included their final project costs, which Extension used for the case studies. Economic Impact in Fiscal Year 2022 There are three components to total economic impact. The first is the direct effect. The direct effect is the initial change in the economy. In terms of the historic tax credit, spending by the project developers to rehabilitate their buildings is the direct effect. The direct spending then creates additional economic activity in the economy. The economic activity is classified as either an indirect or an induced effect. Indirect effects are associated Economic impact terms with the supply chain. When project developers buy construction supplies, this in turn causes the supply companies to purchase more of their inputs. This works up through the supply chain. Induced effects are associated with spending by workers. When those employed to work on the Direct impact: initial change Indirect impact: business -to -business impacts Induced impact: consumer -to -business impacts rehabilitation projects (including masons, electricians, engineers, and architects) get paid, they have additional income to spend. As they buy groceries, dine out, and pay their mortgages, this causes the businesses to increase their purchases, triggering additional economic activity. Economic impact can be quantified using input-output models. First, the analyst must determine the direct impact. The next section explains how Extension measured this using data supplied by project developers. Second, the direct impact is entered into the model, which calculates the indirect and induced effects. Extension used the input-output model IMPLAN to conduct this analysis. For more on input-output theory and terms, and the IMPLAN model, please see the appendix. Scope of the Analysis Fifteen projects received Part A approval in FY22 (Table 1). Planned continued and reuse for the buildings include residential (including affordable housing), office, and mixed use. Several theater projects are planned for this fiscal year. Projects are planned geographically across Minnesota. Developers in Greater Minnesota submitted eight projects, with locations including Ely, Little Falls, Mankato, Moorhead, Northfield, and Winona. Table 1: Minnesota Historic Rehabilitation Tax Credit Projects Receiving National Park Service Part II Approval between July 1, 2021 and June 30, 2022 (FY22) Historic Property Name Proposed Use Location Berman Brothers Building Bjoraker Building Brown -Jaspers Inc. Store Fixtures Company Building Calvary Lutheran Church Coliseum Building and Hall Dayton's Department Store Office/retail Minneapolis Residential/retail Northfield Theater/office Saint Paul Residential Minneapolis Office/retail Minneapolis Office/retail Minneapolis Ely Community Center Hotel Ely - Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 Fairmont Creamery Residential Moorhead Falls Theatre Theater Little Falls Grain and Lumber Exchange Building Residential Winona Hamm Building Residential Saint Paul Manhattan Building Residential Saint Paul Mankato Federal Courthouse and Post Office Mixed Use Mankato Morris Building Residential/retail Northfield Morrison County Realty Building Theater Little Falls Direct Impact Developers anticipate spending $209.9 million to complete their in -progress projects (Table 2). They will spend money on a variety of items from site acquisition and site work to building materials and utilities. In input-output theory, acquisition costs do not generate ripple effects. This is because it is an exchange of one asset (land) for another asset (money). When land is purchased, nothing new is made, therefore, there are no supply chain effects. After removing acquisition costs, the direct impact of the in -progress projects is $195.5 million. Based on the submitted project costs, SHPO estimates $35.4 million in historic rehabilitation tax credits will be awarded. One caveat is important to note, however, and that is the tax credit is for 20 percent of allowable qualified rehabilitation expenditures. Developers often invest additional dollars into the project that are not considered allowable costs. Therefore, the estimated credit does not equal 20 percent of total project development costs. Table 2: Direct Impact of Minnesota Historic Rehabilitation Tax Credit Projects Receiving National Park Service Part II Approval between July 1, 2021 and June 30, 2022 (FY22) Total Estimated Costs Estimated Costs, Estimated Minnesota Historic Additional Dollars Leveraged Acquisition Removed Rehabilitation Tax Credit per $1 of Tax Credit $209,861,995 $195,511,055 $35,385,809 $5.93 Source: State Historic Preservation Office, Part A applications While the tax credit helps developers move their projects forward, outside investment continues to exceed the tax credit. In 2022, every dollar of state tax credit leveraged $5.93 of additional investment by developers. Total Impact Projects leveraged by the Minnesota Historic Rehabilitation Tax Credit in FY22 will generate an estimated $349.8 million of economic activity (Table 3). This includes $95.9 million in labor income. The credit will support 1,250 jobs. Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 6 Table 3: Total Economic Impact of Minnesota Historic Rehabilitation Tax Credit Projects Receiving National Park Service Part II Approval between July 1, 2021 and June 30, 2022 Impact Type Output (millions) Employment (FTEs) Labor Income (millions) Direct $209.9 580 $49.2 Indirect $70.6 300 $23.4 Induced $69.3 370 $23.3 Total $349.8 1,250 $95.9 Source: University of Minnesota Extension estimates, IMPLAN Top Sectors Impacted In addition to the direct impact on the construction industry, the projects will generate an estimated $139.9 million in indirect and induced impacts. This is revenue for businesses and workers that indirectly benefit from the projects. Industries benefiting the most from the projects include real estate (housing), durable good wholesalers, and professional and scientific services (Figure 4). The real estate industry experiences high impacts because workers employed by the construction, architectural, preservation, and other related construction businesses spend a significant portion of their income on their own mortgages. Indirect impacts (business -to -business) are highest in durable good wholesaling, professional and scientific services, and building material supply stores. Wholesale trade is the sector through which goods are sold business to business. This is a common practice in construction where construction companies buy in bulk versus retail. Induced impacts are highest in housing, health care, and insurance carriers, reflecting that the highest expenditures for households are health care and housing. Real Estate - Wholesalers, Durable Goods Professional and Scientific Services Insurance Carriers _ Banking - Administrative & Support Services _ Management of Companies - Hospitals Ambulatory Health Care Building Material Supplies Dealers - $0.0 $5.0 ■ Indirect Induced $10.0 $15.0 $20.0 Millions Figure 4: Top Industries Impacted by the Minnesota Historic Rehabilitation Tax Credit, Indirect and Induced Effects, FY22, Sorted by Output Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 7 State and Local Tax Collections Minnesota Historic Rehabilitation Tax Credit projects in -progress for FY22 will generate an estimated $12.5 million in state and local tax collections (Table 4). Income and sales taxes, which primarily go to the state, will total $ 7.4 million. Property tax collections will total $ 3.4 million. Table 4: State and Local Tax Collections from Minnesota Historic Rehabilitation Tax Credit Projects Receiving National Park Service Part II Approval between July 1, 2021 and June 30, 2022 (FY22) Tax Estimated Collections (millions) Income $3.3 Sales $4.2 Property $3.4 Other $1.6 Total $12.5 Source: University of Minnesota Extension estimates, IMPLAN Since the state plans to award $35.4 million in tax credits to projects receiving initial approval in FY22, the projects themselves will repay 35 percent of the cost upon completion (Figure 5). To summarize, the historic tax credit is projected to award $35.4 million in tax credits for FY22 projects. As project developers complete the rehabilitation work, they will create $349.8 million in economic activity. This translates into $9.90 of economic activity in Minnesota for every dollar of credit awarded. As the projects are completed, developers, their suppliers, and their workers will pay taxes, including sales, property, and income taxes. Those dollars will be recovered by state and local government. Upon completion of the project, more than one-third of the tax credit funds will be recuperated by the state. $35.4 $349.8 $9.90 3\440- 5% million million INVESTMENT ECONOMIC ACTIVITY RETURN STATE & LOCAL TAXES �ld.e ldx. �xpenuiw� e �ene� ot�u oy t���inessen Cw: n_ici_ �__i:;,Y Pei Reodi,ieu �"r' lf,e p: ujeus dollar invested completion Figure 5: Summary, Minnesota Historic Rehabilitation Tax Credit, Fiscal Year 2022 Economic Impact Fiscal Years 2011-2022 Extension has measured the economic impact of the Minnesota Historic Rehabilitation Tax Credit annually since 2011. During this period, the tax credit has generated an estimated $ 5.9 billion in economic activity in the state (Table 5). The state credit has supported 29,570 jobs and $2.2 billion in labor income. -AIW Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 Table 5: Total Economic Impact of Minnesota Historic Rehabilitation Tax Credit Projects Receiving National Park Service Part II Approval between FY 2011 to 2022 (Adjusted to 2022 Dollars) Output Employment Labor Income Impact Type (millions) (FTEs) (millions) Direct $3, 204.7 15,880 $1, 245.4 Indirect $1,092.9 5,320 $386.4 Induced $1,560.5 8,370 $525.6 Total $5,858.1 29,570 $2,157.4 Source: University of Minnesota Extension estimates, IMPLAN Total Impacts by Fiscal Year Economic impact has varied by year (Figure 6). The biggest determinate of economic impact is the direct impact. Direct impact, in turn, depends on the number of projects and the average project investment. Fiscal year 2021 had the highest number of planned projects (34). FYI also had a high number of projects with 23. Most years the number of projects is in the range of 12 to 14. Fiscal year 2017 only had seven projects. 3 $1,600 $1,400 $1,200 $1,000 c ° $800 75 $600 $400 $200 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 ■ Output (no labor income) Labor income Figure 6: Total Economic Impact of Minnesota Historic Rehabilitation Tax Credit Projects Receiving National Park Service Part II Approval between FY 2011 and FY 2022 3 Occasionally, a project moves fiscal years or is missed during the analysis. When this is discovered, the project is incorporated into the data for the appropriate year. Therefore, the totals here may not match the report for the individual year. -V' Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 9 Table 6: Total Economic Impact of Minnesota Historic Rehabilitation Tax Credit Projects Receiving National Park Service Part II Approval between FY 2011 and FY 2022 Output Employment Labor Income (millions, 2022 $) (FTEs) (millions, 2022 $) FY 2011 $563.2 2,880 $188.3 FY 2012 $720.7 3,500 $232.9 FY 2013 $176.3 1,200 $59.1 FY 2014 $296.5 1,340 $107.5 FY 2015 $557.4 2,610 $195.7 FY 2016 $273.2 1,110 $85.2 FY 2017 $80.3 290 $24.2 FY 2018 $836.8 3,910 $275.2 FY 2019 $282.3 1,100 $87.9 FY 2020 $201.2 720 $56.8 FY 2021 $1,520.3 9,660 $748.9 FY 2022 $349.8 1,250 $95.9 Total $5,858.0 29,570 $2,157.6 Estimates by the University of Minnesota Extension Center for Community Vitality Location of Projects In -Progress between FY11 and FY22 Counties across Minnesota have benefited from the value generated by the historic rehabilitation tax credit. Figure 7 illustrates, by county, the location of projects awarded the credit between FYI l and FY22. While many of the projects have been in Ramsey and Hennepin Counties, 20 of Minnesota's counties have properties with historic tax credit projects. Greater Minnesota counties with the highest number of properties include St. Louis, Winona, Otter Tail, and Stearns. ,n Figure 7: Location of Minnesota Historic Rehabilitation Tax Projects Receiving National Park Service Part II Approval between FY 2011 and FY 2022 Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 10 Projects in Context of their Neighborhoods Beyond economics, historic rehabilitation projects have additional benefits. Documented benefits include providing a sense of place, strengthening communities and continuity, efficiently using resources, preserving craftsmanship, improving aging neighborhoods and assets, diversifying housing options, and encouraging creative new uses of existing spaces.' While these factors are hard to quantify, one tool for understanding the effect on neighbors is the Social Vulnerability Index (SVI). The SVI ranks a census tract's social and socioeconomic factors, including items such as unemployment, income, household composition, disability and minority status, housing type, and transportation. Percentile rankings range from 0 to 1 with higher values indicating greater vulnerability. An analysis of the SVI for neighborhoods with Minnesota State Historic Rehabilitation Tax Credit projects reflects the diversity and flexibility of the credit. In Minneapolis (Figure 8), 45 percent of the projects were located in neighborhoods rated with higher levels of vulnerability. Likewise, Figure 9 shows the distribution of projects in Saint Paul. Saint Paul has a higher percent (50 percent) of its projects in high vulnerability neighborhoods. Figure 8: Minneapolis Projects Receiving National Park Service Part II Approval between FY 2011 and FY 2022, Social Vulnerabilitv Index Figure 9: Saint Paul Projects Receiving National Park Service Part II Approval between FY 2011 and FY 2022, Social Vulnerability Index 9 Rabinowitz, P. (n.d.). Encouraging historic preservation. Community Toolbox at University of Kansas. Retrieved from http s://ctb.ku.edu/en/table-of-contents/implement/physical-social-environment/historic-preservation/main Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 11 Finally, Figure 10 shows projects in Duluth. Nearly all of Duluth's projects were in highly vulnerable neighborhoods. Figure 10: Duluth Projects Receiving National Park Service Part II Approval between FY 2011 and FY 2022, Social Vulnerability Index Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 12 CASE STUDIES OF COMPLETED PROJECTS Since the inception of the Minnesota Historic Rehabilitation Tax Credit, 193 projects have received Part A approval from the State Historic Preservation Office. The majority of these projects have completed rehabilitation and are being used for income producing use. This section of the report highlights four completed projects. Cloquet High School 509 Carlton Avenue, Cloquet Built: 1920 with multiple additions Rehabilitated: 2018-2020 Developer: Cloquet Housing GP LLC Original Use: High School Current Use: Apartments (workforce and market rate) Photo: Rethos In October 1918, the combination of a dry season, high winds, and sparks from a passing train led to Minnesota's worst natural disaster. Within a matter of hours, 450 people were dead, 1,500 square miles were burned, and towns were flattened.' Among the most devastated communities was the City of Cloquet. Only one of Cloquet's school buildings survived the devastation. That building, along with school district personnel, played a prominent role in the immediate relief efforts and the longer -term rebuilding of the community.' Within a year of the fire, ground was broken on the new Cloquet High School located at 509 Carlton Avenue. It opened for students in February 1921. At its opening, the local paper, The Pine Knot, praised the building for its "many modern marvels of the twentieth century" including steam heating, shower rooms in the gymnasium for both boys and girls, and a gymnasium balcony with a moving picture booth.' The high school was expanded multiple times to accommodate the growing school district. In addition to higher student counts, the educational needs of students changed, causing additions like machine and wood shops. Additions were added to the builidng in 1938, 1954, and 1958. Enrollment continued to climb, however, and by 1968, Cloquet had outgrown the 1921 high school. The district 5 Nelson, P. (2020, March 18). Cloquet, Duluth, and Moose Lake fires, 1918. Retrieved from http s://www.nmope dia. org/event/cloquet-duluth-and-moo se -lake -fire s-1918 6 Carroll, F., & Raiter, F. (1983). At the time of our misfortune: relief efforts following the 1918 Cloquet fire. Minnesota History. Retrieved from http://collections.nmhs.org/MNHistoryMagazine/articles/48/v48iO7p270-282.pdf ' Ludt, T. (2020). National register of historic places form. -� Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 13 converted the 509 Carlton property to a middle school. By 2020, the district had vacated the property. The architecture of the building reflects the historical changes of the times. The 1921 construction is styled in the Classical Revival style. Meanwhile, the 1950 additions are simplified and modernist with decorative brickwork. Carved into two of the entrances are the words "Cloquet High School." Upon completion, the Cloquet High School project developer reported spending $16.1 million on rehabilitation (Table 7). Of this, $14.7 million qualified for the tax credits, allowing for $2.9 million each of state and federal tax credits. The project generated an estimated $31.1 million of economic activity in Minnesota, supporting 150 jobs. For every dollar of state tax credit, the project generated $10.60 in economic activity. In addition, the construction created $1.4 million in tax revenues for the state and local governments. Thus, nearly 50 percent of the tax credit was repaid when the project was completed. Table 7: Project Financing and Economic Impact of the Cloquet High School Project Details Total Final Project Costs (millions) Total Qualifying Rehabilitation Costs (millions) State Historic Tax Credit (millions) Federal Historic Tax Credit (millions) $16.1 $14.7 $2.9 $2.9 Economic Impact Economic Impact of Construction (millions) $31.1 Total Economic Activity Per Dollar of State Tax Credit $10.60 Jobs Supported During Construction 150 State and Local Taxes from Construction (millions) $1.4 Impact on Property Values Property Value 20188 $82,900 Property Value 2022 $82,900 Annual increase in Property Tax Collections $2,038 (Since this property recently finished work, property values will likely continue to rise as building is assessed) Source: State Historic Preservation Office, Part B applications; University of Minnesota Extension estimates 8 Property value is estimated market value. Property value (2022) for parcel 06-005-1860 accessed via Carlton County parcel information system. Property value in 2018 from phone call with Carlton County Treasurer's office. Public schools are exempt from property taxes in Minnesota. -V Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 14 The high school building, now known as the Carlton Lofts, is located in a residential neighborhood of Cloquet. Neighbors include churches, a grocery store, and housing. Rents in the building primarily target workforce housing, but the building also has market rate units. Cloquet, with a population of nearly 12,000, has a diverse economic base.9 Industries with the highest number of jobs in 2021 included health care and social assistance, manufacturing, and retail trade. The region's major industries are growing. In the five years between 2016 and 2021, health care and social assistance businesses added 300 jobs, manufacturing companies added 240 jobs, and construction firms added 120 jobs. Job growth is good for the economy, but also translates into a need for housing, which the Carlton Lofts is helping to fill. Cloquet's workforce reflects the diversity of the area. In the city, 85 percent of the population is White, Non -Hispanic. Eight percent of the population is American Indian and Alaska Native, 2 percent is Black or African American, and 1 percent Asian. The median income in Cloquet is $54,011, compared with the Minnesota median income of $68,411. Of the residents, 14 percent live below the poverty line. More than one in five children live in households with incomes below poverty, further indicating a need for affordable housing. 9 United State Census, ACS, 2020, 5-Year estimates. -� Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 15 Lewis P. & Lisbeth (Putnam) Hunt House 811 South 2" Street, Mankato Built: 1885 Rehabilitated: 2019-2021 Developer: Christopher Crowell Original Use: Private residence Current Use: Bed and breakfast Photo: Moulin Rouge B&B The Hunt House dates to the early founding of the City of Mankato. Mankato was first established in 1852, primarily due to its location on the Minnesota River. In the early days, steamboats helped fuel growth in Mankato. Following the Civil War, growth began in earnest when the railroads arrived in the region. The period of 1870 to 1899 marked an era of expansion for Mankato. Railroads running both north -south and east -west met in the city, allowing for easy movement of goods. Combined with the region's growing agricultural industry, Mankato quickly became a regional trade center, home to wholesale businesses, hospitals, large mills, and factories. As industry and commerce expanded, so did housing. Development began to move outward from the banks of the Minnesota River. New neighborhoods sprang up, including Lincoln Park. The Lincoln Park neighborhood is well known in the area for its steep hills and oddly angled streets. The author Maud Hart Lovelace wrote lovingly of her childhood adventures on the hills in her series of books known as "Betsy-Tacy."10 In 1885, L.P. and Lisbeth Putnam Hunt built a Queen Anne style home at 811 South 2na Street. The house has numerous distinguishing features, including a turret with a conical roof and a curved glass window purchased at the World's Columbian Exposition in 1893. L.P. was a postmaster in Mankato who later went on to own the Mankato Free Press. Lisbeth, in the meantime, was involved in historical and cultural work, both at the local and state level. In 1940, the home's third owner opened a beauty shop in the parlor. She, and then her daughter, ran the business until 2015. By then, the house's upkeep became overwhelming, and the home was sold through a bank sale. Three years later, the current owners purchased the property and have rehabilitated it to serve as a bed and breakfast." The new homeowners invested a total of $225,661 to rehabilitate the home (Table 8). Of this, $208,345 qualified for the historic tax credit, resulting in a state credit of $41,668. With the work, io Granger, S. & Kelly, S. (1995). National register of historic places form. Retrieved from http s: //s 3.amaz onaws.com/NARAi)rodstorage/lz/electronic-records/rg-079/NPS_MN/9 5 000671.i)df " Fischenich, M. (2022, October 17). Mankato's Hunt House moves from verge of demolition to Preservation Landmark status. Mankato Free Press. Retrieved from https://www.mankatofreepress.com/newsAocal_news/mankatos-hunt- house-moves-from-verge-of-demolition-to-preservation-landmark-status/article_87eo46b2-4b41-11 ed-8751- 9396455412fb.html Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 16 the property's value also increased by 220 percent between 2019 and 2022. Correspondingly, property tax collections also increased by $2,296. When accounting for the ripple effects, or the businesses that benefited from the construction activity, the Hunt House project generated an estimated $440,860 in economic activity. Thus, each dollar of state taxes generated $10.60 in economic activity. The construction work also triggered an estimated $22,980 of new tax collections, which is more than half the tax credit awarded. Between the increased tax collections from construction and increased property values, within 10 years, the project will be paying more in taxes than it cost. Table 8: Project Financing and Economic Impact of the Hunt House Project Details Total Final Project Costs Total Qualifying Rehabilitation Costs State Historic Tax Credit Federal Historic Tax Credit $225,661 $208,345 $41,668 $41,668 Economic Impact Economic Impact of Construction $440,860 Total Economic Activity Per Dollar of State Tax Credit $10.60 Jobs Supported During Construction 3 State and Local Taxes from Construction $22,980 Impact on Property Values Property Value 2019 $87,800 Property Value 202211 $280,400 Annual increase in Property Tax Collections $2,296 Source: State Historic Preservation Office, Part B applications; University of Minnesota Extension estimates As was the case in the 1860s, Mankato is a regional commercial hub in southern Minnesota. With a population of 41,700, the largest industries in Mankato (measured by employment), include health care and social assistance, manufacturing, and retail trade. Mankato attracts visitors through its tourism economy. The Hunt House is located near the commercial hub of downtown Mankato, including the civic center. It also provides easy access to the University, which draws families visiting their children. Mankato's median income ($45,625) is below Minnesota's average of $68,411. Of the population, 24 percent live below the poverty level. However, Mankato is home to Minnesota State University, Mankato, and college students are reflected in the data. For families, 12 percent of children live below the poverty level. 11 Property value is estimated market value. Property tax values for parcel ID R01.09.18.157.002 accessed via Blue Earth County Beacon. Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 17 Moorhead Storage and Transfer Warehouse 8 101h Street North, Moorhead Built: 1922 Rehabilitated: 2018-2020 Developer: Center Avenue, LLC Original Use: Potato Warehouse Current Use: Apartments Photo: Michael Vosburg, Forum Photo Editor The Moorhead Storage and Transfer building reflects the Red River Valley's prominence as an agricultural producer. In the late 1800s, the fertile soils of the Red River Valley, along with the ease of access provided by railroads led to a rapid increase in farms. The first farmers in the region primarily grew wheat, sent along to feed Minneapolis' flour mills. By 1900, an overreliance on one crop proved problematic for producers and they needed to diversify. The rapid growth of the population in the Twin Cities continued to provide a market for Red River Valley growers —this time for potatoes. Growers quickly adapted. In Clay County alone, acreage planted for potatoes grew from around 3,500 acres in 1900 to 31,600 acres in 1920. Increased production, in turn, drove the need for transportation and storage. Moorhead emerged as a prime location for storage facilities. By 1880, both the Northern Pacific and Great Northern railroads ran through Moorhead. The land around the railroads developed into a warehouse and manufacturing district. Among those warehouses, potato warehouses began to appear. They started small, but eventually became larger and more technologically advanced. In 1922, construction of the Moorhead Storage and Transfer Warehouse was announced. It had the capacity to store 400 boxcars (or 308,000 bushels) of potatoes. It featured key designs. Potatoes could easily be transferred from trucks into storage units and then into trains at the time of sale. The building was well ventilated, insulated, and had heat for the severe cold of winter.13 While the Red River Valley remains a major producer of potatoes, production, storage, and warehousing has shifted, and the warehouse ceased to be used for potato storage in the 1950s. In the late 1960s, the building was purchased by furniture dealers who used it for public storage. The building became known locally as the Simon Warehouse .14 In 2017, Center Avenue LLC purchased the property with the intent to develop it into apartments. In June 2020, the building was placed into service with 65 apartment units, known as the Simon Warehouse Lofts. Center Avenue reported spending $8.3 million to rehabilitate the property (Table 9). Of this, the developers spent $7.4 million on qualifying costs, resulting in the award of $1.5 13 Mack, D., Goodrich, R., & Anderson, R. (2019). National register of historic places form. 14 Schmidt, H. (2020, May 14). Moorhead landmark gets new life as Simon Warehouse Lofts. InForum. Retrieved from http s://www.inforum.com/busine ss/moorhead-landmark-gets-new-life-as-simon-warehouse-lofts -� Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 18 million in state tax credits. Extension estimates taxes generated from the construction amounted to $716,990, meaning 48 percent of the taxes were repaid upon project completion. An analysis of the economic impact of the rehabilitation construction shows the project generated an estimated $16 million of economic activity in the state. For every dollar of state taxes invested, Minnesota's economy experienced $10.80 of activity. The project also supported 77 jobs. Table 9: Project Financing and Economic Impact of the Moorhead Storage and Transfer Building Project Details Total Final Project Costs (millions) Total Qualifying Rehabilitation Costs (millions) State Historic Tax Credit (millions) Federal Historic Tax Credit (millions) $8.3 $7.4 $1.5 $1.5 tconomic Impact Economic Impact of Construction (millions) $16.0 Total Economic Activity Per Dollar of State Tax Credit $10.80 Jobs Supported During Construction 77 State and Local Taxes from Construction $716,990 Impact on Property Values Property Value 2018 $711,500 Property Value 202215 $735,000 Annual increase in Property Tax Collections $384 (Since this property recently finished work, property values will likely continue to rise as building is assessed) Source: State Historic Preservation Office, Part B applications; University of Minnesota Extension estimates The Simon Warehouse Lofts are located in downtown Moorhead, providing housing for the city's workforce. With a population of 43,409, Moorhead's largest industries, in terms of employment, include health care and social assistance, retail trade, and education. Moorhead residents have moderate incomes. The median income in the city is $61,220, according to the American Community Survey. This is slightly below Minnesota's median income of $68,411. Around 16 percent of Moorhead's population lives below the poverty level. The rate is higher (19.2 percent) for those under the age of 18. Moorhead's population is 88 percent White. The other largest racial demographic is Black or African Americans who constitute 5 percent of the population. People of Hispanic/Latino culture account for 5 percent of the population. 11 Property value is estimated market value. Property tax value for parcel 58.324.0010 accessed via the City of Moorhead property information site (2022). Data for the 2018 provided via email from the Clay County treasurer. -V Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 19 Rand Tower 527 Marquette Avenue, Minneapolis Built: 1929 Rehabilitated: 2018-2020 Developer: Rand Tower MN Owner LLC Original Use: Office Tower Current Use: Boutique Hotel Photo: Leonardo The 1929 construction of the Rand Tower reflects the economic dynamics of Minneapolis in the 1920s. Spurred by rapid economic growth, businessmen of the era developed bold plans for office buildings. By the late 1920s, two designs emerged to challenge Minneapolis' building height restrictions —the Rand Tower and the Foshay Tower. The Rand Tower, opening first, featured 26 stories and was the tallest building in Minneapolis. That title was taken by the Foshay when it opened a year later, reaching 32 stories tall." The Foshay Tower held that title for nearly 50 years, highlighting how unusual these two buildings were at the time of their construction. The driving force behind Rand Tower was Rufus Rand, Jr. Rufus, who served as an aviator in World War I, had returned home. His family was well known as the owners of the Minneapolis Gas Company where Rufus would eventually become president." Rand Tower is a stepped skyscrpaer.18 At the time, New York architecture was evolving to this model. As New York buildings grew taller, less sunlight was reaching the streets below. To compensate, architects began designing buildings that "stepped back" as they rose.19 The building's exterior style is Art Moderne and features Indiana Bedord Limestone and Quincy granite. Inside, the building is finished in the Art Deco style. Rand Tower also showcases Rufus' love of aviation, featuring several touches, including a prominent statue in the lobby named "Statue of Wings." When it opened, Rand Tower was an office building. Owners throughout the years included the Dain Corporation, Reliance Real Estate Services, Gaughan Companies, and most recently Maven Real Estate Partners. In 2017, the current owners began the process of rehabilitating the property into a boutique hotel. The hotel opened in December 2020. 11 Powers, M. (2020, March 30). Rand Tower. Clio: Your guide to history. Retrieved from https://theclio.com/entry/97546 "Rufus R. Rand, the last member of the Lafayette Escadrille, is dead. (1971, October 19). New York Times. Retrieved from https://www.nytimes.com/1971/10/19/archives/rufus-r-rand-the-last-member-of-uafayette-eseadrlue-ls- dead.html 11 City of Minneapolis. (2007, February). Rand Tower. Retrieved from https://www2.minneapolismn.gov/resident- services/property-housing/property-info/landmarks/alphabetical/rand-tower/ 19 Preserve Minneapolis. (n.d.) Rand Tower. Minneapolis Historical. Retrieved from https://minneapohshistorical.org/items/show/105 -� Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 20 The Rand Tower's developers reported spending $115.9 million to rehabilitate the project (Table 10). Of this, $76.7 million qualified for the historic tax credit, resulting in a state credit of $15.3 million. Extension estimates the project generated $223.3 million in activity during the construction phase. Thus, for every dollar of state tax credit invested, $14.60 in economic activity was generated. The project also helped support state and local taxes. Construction companies, their employees, and suppliers generated $10 million in state and local taxes during the rehabilitation process. Therefore, the construction alone repaid 65 percent of the tax investment. Property values, and property tax collections, also rose upon project completion. Between 2018 (prior to the work) and 2022 (after completion), property tax collections increased by $301,460. Between the construction taxes and the annual property tax collections, the building will pay more in taxes than it collected within 18 years. Table 10: Project Financing and Economic Impact of the Rand Tower Project Details Total Final Project Costs (millions) Total Qualifying Rehabilitation Costs (millions) State Historic Tax Credit (millions) Federal Historic Tax Credit (millions) $115.9 $76.7 $15.3 $15.3 Economic Impact Economic Impact of Construction (millions) $223.3 Total Economic Activity Per Dollar of State Tax Credit $14.60 Jobs Supported During Construction 1,068 State and Local Taxes from Construction (millions) $10.0 Impact on Property Values Property Value 2018 (millions) $10.9 Property Value 202220 (millions) $21.5 Annual increase in Property Tax Collections $301,460 Source: State Historic Preservation Office, Part B applications; University of Minnesota Extension estimates Located near the heart of downtown, the Rand Tower's neighbors include office buildings (the IDS Center and Wells Fargo), shopping and lodging properties, and the Target Center. Given the office buildings, most of the jobs in the neighborhood are in finance and insurance, professional, scientific, and technical services, and administrative and support services. With the commercial leanings of the neighborhood, there are not many people who live in the zip code. For the approximately 500 people who do live there, the average median income is $58,563. Twenty-eight percent of the residents live below the poverty level. It's a diverse neighborhood-62 20 Property value is estimated market value. Property tax value for parcel 22-029-24-44-0060 accessed via Hennepin County property information search. -l' Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 21 percent of the population is white, 15 percent is Black or African American, and 10 percent is Asian. Meanwhile, about 7 percent are Hispanic/Latino. Impacts of Case Studies on Property Tax Collections In addition to tax collections spurred immediately by the rehabilitation work, the tax credit prompts annual increases in collections due to increases in property values. Higher property values translate into higher property taxes paid. To measure this impact, Extension examined the property tax records for the four case studies. On average, the value of the three properties grew by 91 percent, from $11.8 million prior to rehabilitation to $22.6 million post -rehabilitation (Table 11). By comparison, property values statewide increased 16 percent. As a result of property value increases, annual property taxes also increased. Property tax revenues on the four properties increased by an estimated $304,140 annually. For two of the properties, the market values remained close to the pre -rehabilitation work. It often takes a few years for the assessments to make their way into property tax billing, so these values will likely increase even further once the assessments are complete. Table 11: Property Value Changes, FY22 Case Study Properties Receiving the Minnesota Historic Rehabilitation Tax Credit Category Pre -rehabilitation Post -rehabilitation Percent Change Estimated market value, case study projects $11,802,200 $22,598,300 91% receiving tax credit (four properties) Estimated market value, statewide, 2018-2022 $693,962,163,841 $804,978,906,709 16% Estimated annual increase in property tax $304,140 collections, case study projects receiving tax credit (four properties) Sources: Minnesota Department of Revenue, individual county property tax records, and University of Minnesota Extension estimates Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 22 APPENDIX: DEFINITIONS OF TERMS Input -Output Terms Special models, called input-output models, exist to conduct economic impact analysis. There are several input-output models available, and IMPLAN (IMpact Analysis for PLANning, MIG, Inc.) is one such model. Many economists use IMPLAN for economic contribution analysis because it can measure output and employment impacts, is available on a county -by -county basis, and is flexible for the user. While IMPLAN has some limitations and qualifications, it is one of the best tools available to economists for input-output modeling. Understanding the IMPLAN tool's capabilities and limitations helps ensure the best results from the model. One of the most critical aspects of understanding economic impact analysis is the distinction between the "local" and "non -local" economy. The model -building process identifies the local economy. Either the group requesting the study or the analyst defines the local area. Typically, the study area (the local economy) is a county or a group of counties that share economic linkages. In this report, the study area is the entire state of Minnesota. A few definitions are essential to properly interpret the results of an IMPLAN analysis. These terms and their definitions are provided below. Output Output is measured in dollars and is equivalent to total sales. The output measure can include significant "double counting." Think of limestone, for example. The value of limestone is counted when it is sold as a component in the manufacturing of cement, again when the cement is sold to the contractor, and yet again when the contractor charges the building owner. The value of the limestone is built into the price of each of these items, and then the sale of each item is added to determine total sales (or output). Employment IMPLAN includes total wage and salaried employees, as well as the self-employed, in employment estimates. Because employment is measured in jobs and not in dollar values, it tends to be a very stable metric. Labor Income Labor income measures the value added to the product by the labor component. So, in the limestone example, when the limestone is sold to the cement manufacturing company, a certain percentage of the sale is for the labor to quarry the limestone. Then when the cement is sold to the contractor, it includes some markup for its labor costs in the price. When the contractor charges the building owner, he/she includes a value for the labor. These individual value increments for labor can be measured, which amounts to labor income. Labor income does not include double counting. Labor income includes both employee compensation and proprietor income. It is measured as wages, salaries, and benefits. Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 23 Direct Impact Direct impact is equivalent to the initial activity in the economy. In this study, it is construction spending generated by projects leveraged by the Minnesota Historic Rehabilitation Tax Credit. Indirect Impact Indirect impact is the summation of changes in the local economy that occur due to spending for inputs (goods and services) by the industry or industries directly impacted. For instance, if employment in a manufacturing plant increases by 100 jobs, this implies a corresponding increase in output by the plant. As the plant increases output, it must also purchase more inputs, such as electricity, steel, and equipment. As the plant increases purchases of these items, its suppliers must also increase production, and so forth. As these ripples move through the economy, they can be captured and measured. Ripples related to the purchase of goods and services are indirect impacts. In this study, indirect impacts are those associated with spending by the developers to purchase construction materials (e.g., lumber, cement, equipment) and construction -related services (e.g., architectural and engineering). Induced Impact The induced impact is the summation of changes in the local economy that occur due to spending by labor —that is, spending by employees in the industry or industries directly impacted. For instance, if employment in a manufacturing plant increases by 100 jobs, the new employees will have more money to spend on housing, groceries, and going out to dinner. As they spend their new income, more activity occurs in the local economy. This can be quantified and is called the induced impact. Primarily, in this study, the induced impacts are economic changes related to spending by construction workers hired to perform the rehabilitation work. Total Impact The total impact is the summation of the direct, indirect, and induced impacts. Historic Preservation Terms Part A Application Part A of the Minnesota application must be submitted with Part 2 of the federal application prior to starting construction. Part 2 Application "Part 2 is the Description of Rehabilitation Work. All owners of a certified historic structure who are seeking the 20% tax credit for the rehabilitation work must complete a Part 2 application form, which is a description of the proposed rehabilitation work. The National Park Service reviews the description of the proposed rehabilitation for conformance with the Secretary of the Interior's Standards for Rehabilitation. If the proposed work meets the Standards, the National Park Service issues a preliminary decision approving the work. Or the proposed work may be given a conditional Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 24 approval that outlines specific modifications required to bring the project into conformance with the Standards."" Part B Application Part B of the Minnesota application must be submitted with Part 3 of the federal. Part 3 Application The Part 3 federal application is submitted after the construction project is complete (placed in service. The part 3 documentation illustrates that the work was completed as proposed and conditionally approved in the Part 2 phase. National Park Service approval of the Part 3 certifies that the project meets the Standards and is a "certified rehabilitation." Qualified Rehabilitation Expense "Any expenditure for a structural component of a building will qualify for the rehabilitation tax credit. Treasury Regulation 1.48-1(e)(2) defines structural components to include walls, partitions, floors, ceilings, permanent coverings such as paneling or tiling, windows and doors, components of central air conditioning or heating systems, plumbing and plumbing fixtures, electrical wiring and lighting fixtures, chimneys, stairs, escalators, elevators, sprinkling systems, fire escapes, and other components related to the operation or maintenance of the building. In addition to the above named "hard costs," there are "soft costs" which also qualify. These include construction period interest and taxes, architect fees, engineering fees, construction management costs, reasonable developer fees, and any other fees paid that would normally be charged to a capital account."22 Social Vulnerability Index "Social vulnerability refers to the potential negative effects on communities caused by external stresses on human health. Such stresses include natural or human -caused disasters, or disease outbreaks. Reducing social vulnerability can decrease both human suffering and economic loss." 23 Zl National Park Service. (n.d.). Incentives: What is the application process? National Park Service. Retrieved from htti)s: //www.ni)s.gov/tu s/tax-incentives/incentives/annlication_2.htm 22 National Park Service. (n.d.). Qualified expenses. National Park Service. Retrieved from https://www.nps.gov/tps/tax- incentives/before-apply/qualified-expense s.htm 23 https://www.atsdr.cdc.gov/ -� Economic Impact of Projects Leveraged by Historic Tax Credit: FY22 25 FEDERAL PART 1 FEDERAL PARTY- FEDERAL PART 3 CERTIFICATION THAT REVIEW OF PART 2 SUBMITTED AFTER THE PROPERTY IS ON NATIONAL APPLICATION PROJECT IS COMPLETED REGISTER OR THAT IT IS PROJECT DESCRIPTION w iti U ELIGIBLE FOR LISTING 7'hisincludesconditionof M c NPSa/tprmal certifies that m o the building & planned T Vi CL the project meets the (n QL a` This includes information rehabilitation work m Standards and is a certified (L > H about lire significance and Z o = rehabilitation appearance of the building Evaluated using lire SOI's a C m Rehabilitation Standards by Q FEE APPLIES Q U SHPO & NP.S • Can result In discussion & m1sion.s with SHPO FEE APPLIES MN Part A MN Part B MUST BE SUBMITTED CPA CERTIFIES CIRES & TO SHPO BEFORE ro PROJECT IS ALLOWED m WORK BEGINS O ro J, m FEDERAL CREDIT O • &&male amount rehab I = m U Percent credit assigned to yC = V costs partners y • Indicate credit, grant, Provide data on finished U or combination a project _ FEE APPLIES FEE BASED ON CIRE 1 water T H E B IRTHPLACE OF MINNESOTA DATE: March 16, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses BACKGROUND City Council at their July 19, 2022 Council meeting passed a new ordinance requiring massage and body work businesses to obtain a license from the City of Stillwater. The ordinance requires the following: • Each business as well as each massage therapists associated with that business must be licensed. • All applicants have to undergo a background investigation (only convictions in the last 3 years related to the licensed activity would be relevant). • Massage therapists must meet education or certification requirements (passing massage -specific exams or graduating from an accredited institution or program). • Performance standards include that the business be located in a compact and contiguous location, but off -site services are allowed as part of a business license, and that the business have liability insurance. • No license would be required for MDH-licensed facilities, doctor's or dentist's offices, barbers and cosmetologists or students as part of a class. The license term of April 1 to March 31 was established to help stagger license issuance with other licenses the Clerk's office issues. Earlier this year postcards and emails were sent to affected businesses notifying them of the new license requirements. RECOMMENDATION Staff recommends approval of the businesses and massage therapists listed in attached resolution contingent upon the satisfactory investigation and approvals from the Stillwater Police Department and City Clerks Office. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to adopt Resolution 2023-_ Approving Issuance of New Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses, contingent upon satisfactory investigation and approvals from the Stillwater Police Department and City Clerks office. City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSES AND INDIVIDUAL MASSAGE THERAPIST LICENSES WHEREAS, a request from the following businesses and message therapists have been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses to the following conditioned upon approval from the Police Department and City Clerks Office. Business Location Massage Therapist(s) Birch Tree Bodywork LLC 116 Chestnut St E Emily Murray Extraordinary Journeys' 219 Main St N, Lower Heidi Knudson Center Level Island Time Spa 1940 Greeley St S Lisa Green Just for Me Spa Inc. 110 Greeley St S Kailee Berg Michelle Case Michele Fahey Alice Garcia Shelbi Herzog Katilyn Lamb Kristen Meuwissen Julie Neihart Brady Noreen Margaret Orton Deidre Pihonsky Lisa Rambo Heidi Rosebud Olivia Rossi Faith Saige Evan Schroeder Abby Spott Alissa Wilharber Mbody Massage LLC 226 Myrtle St E Rita Mara Reprieve Therapeutic 105 New England PI, Christl Board Massage LLC #110 Stillwater Calm Care 275 3rd St S, #103 Susan Waldenstrom The Healing Hand, LLC 402 Main St N, #350 Brooke Gavin Trulief 402 Main St N, #315 Joshua McClung Adopted by the Stillwater City Council this 4th day of April, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 water T H E B IRTHPLACE OF MINNESOTA DATE: March 29, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Tricia and The Toonies Performance Contract BACKGROUND Each year staff applies for and receives a grant from Washington County to develop and implement recycling activities and education within the city. One of the activites this summer is to promote recycling and environmental stewardship through a childrens program at Teddy Bear Park. Attached is a performance agreement to have Tricia and The Toonies do six shows. The total cost of $5,400 will be funded by the Washington County Recycling grant. RECOMMENDATION Staff recommends approving the Performance Agreement with Tricia and The Toonies for 2023. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Tricia and The Toonies Performance Agreement for 2023. PERSONAL APPEARANCE AGREEMENT www.TheToonies.com This agreement is made March 10, 2023 between Tricia Haynes for Tricia & The Toonies (hereinafter referred to as "Artist") and Beth Wolf for City of Stillwater (herein referred to as "Purchaser"). It is hereby mutually agreed between the parties as follows: The purchaser engages the Artist as an independent contractor and the Artist agrees to perform the engagement hereinafter provided, upon all the terms and conditions herein set forth. 1. PLACE AND ADDRESS OF ENGAGEMENT 2. DATES AND HOURS OF ENGAGEMENT: 3. NUMBER OF ARTISTS IN GROUP: 4. TYPE OF PERFORMANCE(S): Teddy Bear Park Amphitheater 207 Nelson St East Stillwater, MN 55932 SIX (6) Tuesdays 10:00 - 10:50 AM on June 13 &27, July 11 & 25, August 8 & 22, 2023 Two (2) SIX Toonies ENVIRO-FUN Show (50 minutes each) (recycling, environmental stewardship, nature) 5. CONTRACT PRICE: Price for this engagement shall be $5400.00 Total price ($900.00 per show). Please sign and return agreement with $2700.00 deposit. Balance of $2700.00 is due following last performance. Please make checks payable to The Toonies. LLC 6. ARTIST'S DUTIES: Artist agrees to provide professional entertainment services and to perform the engagement according to the terms and conditions as set forth in this agreement. 7. PURCHASER'S DUTIES: Purchaser agrees to use Artist as an independent contractor for professional services as entertainer. Purchaser agrees to the terms and conditions as set forth in this agreement. Purchaser warrants there will be no audio/video reproduction or transmission without the prior written consent of Artist. 8. ACTS BEYOND CONTROL OF PARTIES: This agreement is subject to proven detention by sickness, accidents, acts of God, or any other legitimate conditions beyond Purchaser's or Artist's control. In the case of cancellation under these legitimate conditions, Artist and Purchaser will reschedule for a mutually agreed upon date. 9. ARBITRATION: Any disputes which arise out of this agreement or performance of this agreement shall be resolved before a mutually agreed upon arbitrator. 10. ENTIRE AGREEMENT: This agreement shall constitute the entire agreement between the parties. Any prior understanding preceding the date of this agreement shall not be binding upon either party except if incorporated in this agreement. 11. RIDER: Artist will be paid in full rain, snow or shine. Sound system will be furnished by Artist. Purchaser grants Artist permission to display and sell TOONIES merchandise for public purchase following performance. Artist will arrive 90 minutes before scheduled showtime for set up. Please reserve a parking space closest to performance area for unloading and set up. Also inform Artist of ANY important and/or unusual circumstances such as road closures, barricades. etc. Artist appreciates all information that supports a smooth load -in, set up and performance. XX SIGNATURE OF PURCHASER Date X March 10, 2023 SIGNAA& OF ARTIST Date Beth Wolf, City Clerk for City of Stillwater 216 Fourth Street North Stillwater, MN 55082 Day of Concert: Dawn: 651-430-8808 Tricia Haynes for The Toonies PO Box 471 Hopkins, MN 55343 Phone/Text: (612) 327-3400 Please read carefully (see #11/rider) and RETURN SIGNED CONTRACT within 14 working days. Thank you for choosing TRICIA & THE TOONIES. www.TheToonies.com �1 1water THE B I R T H P LACE OF M I N N E S O T A DATE: March 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Washington County Municipal Recycling Grant BACKGROUND Each year staff applies for and receives a grant from Washington County to develop and implement recycling activities, education and projects within the city. The funding formula is based on household count and reycling pogram activities. It covers administrative expenses and specific projects related to achieving recycling goals. Each year the city uses this grant to promote recycling in our city newsletters, social media and on the city website. Other projects for 2023 will include children education programs at Teddy Bear Park, "Know Before You Throw" coloring contest and update our New Resident Guide book. RECOMMENDATION Staff recommends approving the attached Washington County Recycling Grant Distribution Agreement that will allow us to use the grant funds toward the projects mentioned above. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Washington County 2023 Municipal Recycling Grant Distribution Agreement. WASHINGTON COUNTY CONTRACT #15418 PUBLIC HEALTH & ENVIRONMENT 2023 TERM: Date of final Signature- 12/31/23 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, 216 North Fourth Street, Stillwater, MN 55082, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2023. 2. The County's Obligations: The County will pay the Grantee an amount of up to $35,536.00 which is to be used for recycling program expenses in 2023. Payment will be within 60 days of execution of this Agreement. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2023 Municipal Recycling Grant Application and the guidelines therein (Exhibit A). b. The Grantee will use all recycling grant money received in 2023 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling projects the following year. c. The Grantee shall sign and return this Agreement to the County by July 1, 2023. Failure to do so will result in a reduction or loss of grant funds. d. The Grantee agrees to support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Grantee will prepare and submit annual work plan project reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by January 31st of the year following the reporting period. The annual reports are available on the County's Municipal Recycling Grant Application and Reporting software (Re-TRAC Connect). f. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste generated by city/township government activities (including city/town halls, public -1- works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) shall be delivered to the Ramsey/Washington Recycling and Energy Center in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. g. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service, the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance #178 or its replacement, Ordinance #194, effective July 1st, 2014. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of grant funds. 4. Indemnification and Insurance: a. The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. b. The Grantee agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the County's tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. (if applicable) Prior to the effective date of this Agreement, the Grantee will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement. As a condition subsequent to this agreement, Grantee shall insure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Vendor to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County. -2- Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Condition Subsequent: It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 7. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 8. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 9. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation, disability, marital status, public assistance status, criminal record, creed or national origin, -3- be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 10. Firearms Prohibited: Unless specifically required by the terms of this contract or the person it is subject to an exception provided by 18 USC§ 926B or 926BC (LEOSA) no provider of services pursuant to this contract or subcontractors shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision is grounds for immediate suspension or termination of this contract. 11. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 12. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 13. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. 14. Force Majeure Events:: For purposes of this agreement, "Force Majeure" refers to an event that by its nature is unforeseen, or, if it was foreseen, was beyond reasonable control by either party. With a Force Majeure event, the parties agree to 1) make an attempt to reschedule any such municipally planned events impacted included but not limited to community clean-ups, collection events, planned performances, and promotional campaigns, or 2) substitute the impacted event with other acceptable recycling efforts as outline in Exhibit A of this agreement. -5- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE TITLE WASHINGTON COUNTY :1 David Brummel, Director Department of Public Health and Environment DATE DATE Ass't Washington Co. Attorney DATE: -6- 2023 Municipalities in Washington County are responsible for establishing and maintaining municipal recycling programs. The County provides educational, financial and technical assistance to local governments to aid these programs. The County's municipal recycling grant program assists municipalities with recycling program expenses. Grant funding levels are dependent on municipality household counts and recycling program activities. Municipalities are encouraged to apply for the maximum level of funding. Four levels of grant funding are available: 1. Base Funding: funding to cover administrative and program expenses to sustain existing programs and covers the BASIC category of the recycling continuum. Base funding is dependent on the number of households in a community. 2. Project Funding: funding to target specific grant projects that are related to achieving recycling goals and covers projects contained in the IMPROVED and ADVANCED categories of the recycling continuum. 3. Incentive Funding: funding for one-time special projects or purchases that cannot be covered with project funding. Project funding should be applied for before incentive funding is applied for. 4. Shared Resources Funding: funding for collaboration among multiple municipalities. I. Eligibility Requirements In order to receive funding through the Washington County municipal recycling grant program, municipalities must meet the following eligibility requirements: 1. A municipality's curbside recycling program shall be established by ordinance or a contract with a recycling contractor and be in operation during 2023. 2. Municipality must support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. 3. All multi -unit dwellings (4 or more units) must have recycling service available. 4. At a minimum, the municipality must meet or plan to meet the components under the BASIC category of the recycling continuum (see page 9). 5. At a minimum, municipal staff must participate in two recycling coordinator meetings and one meeting with PHE staff per year to develop the two year grant project work plan. 6. Supply Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law (if applicable) 7. Submit completed previous grant cycle expenditures and project final reports. 8. Submit complete application and project(s) form, as applicable. a. Complete projects and performance measures outlined on the application or return funds for incomplete projects. 9. Continue to make progress along the municipal recycling performance continuum. Washington County, on behalf of State requirements, reserves the right to withhold any and all funding from municipalities for; 1) good faith failure to report on previous grant activities of a municipality, 2) failure to complete application and project work plans, and 3) actively engage with PHE in grant funding activities and the execution of grant projects. II. Funding Application Municipalities must complete a funding application by March 10th 2023 to receive grant funding. Completed applications and yearly work plan(s) must be submitted using the Re-TRAC Connect program. III. Grant Funding Allocation Funding is separated into four (4) categories: 1. Base funding: funding for activities that sustain the municipalities existing recycling program. This includes funding for administration of a recycling ordinance, resident questions, completing the municipal grant application, work plan(s) and annual report, residential recycling information, website maintenance, and meeting the BASIC category of the continuum, which can be found on page 9. The table below shows how base funding is determined for each community. # of Households <450 451-1000 1001-2000 2001-5000 5001-10000 >10000 Eligible Amount for Base Funding $1,500.00 $2,500.00 $5,000.00 $10,000.00 $20,000.00 $30,000.00 Note: household data is retrieved from the Metropolitan Council's most recent population estimates. These estimates are the official population and household estimates for state government purposes, including how local government aid (LGA) and local street aid allocations are determined. Previous year estimates are prepared the following year and certified by July 15. 2. Project funding: funding to develop and implement new or expanded recycling projects that encourage movement along the recycling continuum in the IMPROVED and 2 ADVANCED categories, found on page 9. A municipality is eligible to receive $0.50/household per project. A municipality may qualify for up to four projects per year. 3. Incentive funding: one-time special project funding for large purchases that cannot be covered with project funding. Incentive funding can be applied for after the March 10th grant application deadline so long as the municipality meets to discuss with PHE staff. Funding can be requested and utilized at any time during the 2023 grant cycle. 4. Shared Resource funding: this is targeted to fund collaborations among municipalities. Municipalities participating in shared resource funding must designate one municipality to act as representative and fiscal agent to be liaison with the county. IV. Eligible Expenses Grant funds may be used for the following recycling related expenses: 1. Administrative (maximum of 75% of County grant funds) • Salary and legal costs of personnel only while directly working on, part time or full time, the planning, implementation and promotion of eligible activities. • Salaries, benefits and mileage for consultant services or temporary help with prior written approval from PHE and must be related to eligible activities. • County -approved educators, performers, and municipal staff who help implement required education activities using County toolkits and standardized messaging. 2. Capital expenses • Event recycling containers (i.e. Clear Stream recycling and/or other expenses approved by PHE staff) • Public space recycling containers (i.e. parks, trails, community facilities and/or other expenses approved by PHE staff) • Recycling containers and education for municipally owned/operated buildings and internal spaces • Resident -only municipal food scraps drop-off site (i.e. construction„ signage, promotion and/or other expenses approved by PHE staff) 3. Public Education and Promotion • Design, production, and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and a -news) and other communication promotional items reaching at least 1% of a community's population • Updating and disseminating Washington County flyers, brochures, newsletters, posters, advertisements, videos, billboards, audio (radio, video, television, theatre) electronic (website and a -news) and other communication promotional items • Development of promotional materials for a community event such as a clean-up day or road clean up event • The percentage of cost for a municipality's newsletter devoted to recycling 3 • Environmental commissions and related expenses directly related to recycling and waste education (maximum of 25% of County grant funds) 4. Shredding Events • Disposal costs of materials collected for shredding by an approved County vendor • Design, production, and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and e-news) and other communication specific to the collection of materials for shredding 5. Other • Yard waste, recycling, or composting project (i.e. backyard composting promotion activities) • Reuse projects and promotion • Other expenses with prior written approval from the PHE V. Ineligible Expenses 1. Permanent, single sort, year-round recycling drop-off locations 2. Disposal expenses specific to community clean up events or road cleanup activities such as wages to workers and hauling/disposal expense for trash or material collected and used as a fuel such as tires and used oil 3. Expenses for non -waste abatement, such as energy or ground water 4. Ongoing recycling or garbage service fees (collection, processing, transportation) 5. Costs for office equipment and supplies 6. Street sweeping expenses 7. Beautification projects or rain gardens 8. Lobbying and legal expenses 9. Food or refreshments 10. Funding currently budgeted or being provided by applicant VI. List of Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection PHE created the list of standard recyclable materials to be collected curbside after researching current materials collected curbside by haulers as well as the availability of viable end markets for those materials. This list covers only the minimum materials recommended for residential curbside collection. A municipality may require the collection of additional recyclable materials. A municipality may choose how to enforce such as through ordinance or hauler licensing. At a minimum, the following materials must be included in the municipality's curbside program: Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection Paper • Boxboard including corrugated cardboard (OCC) • Envelopes- window and metal clasps acceptable F. • Magazines and catalogs • Mail, office and school paper • Newspaper and inserts • Phone books Cartons • Milk and broth cartons • Juice boxes Metal • Food and beverage aluminum/tin/bimetal cans Glass • Food and beverage bottles and jars Plastics • PET (#1) - water, soda and juice bottles - ketchup and salad dressing bottles • HDPE (#2) - Milk and juice jugs - Dish soap bottles and detergent jugs - Shampoo, soap and lotion bottles • PP (#5) - Yogurt, pudding and fruit cups - Margarine, cottage cheese and other tubs This standard list of recyclables for single sort recycling collection will be periodically reviewed and updated by PHE as additional materials and end markets become available. PHE may add materials to this list and require municipalities to begin collection of the new materials within one year of receiving notification from the PHE. VII. Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law As a condition of eligibility for the Washington County Municipal Recycling Grant funds, pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated by municipal government activities, including, but not limited to city/town halls, public works buildings, parks, etc., and waste arranged or waste contract for on behalf of its residents (such as organized garbage collection), must be managed in accordance with the County's Solid Waste Management Plan and delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of the Municipal Recycling Grant Agreement. Vill. Reporting 9 1. Hauler Reporting The Minnesota Pollution Control Agency will collect tonnage reports directly from haulers on behalf of Counties and Municipalities. Reports will be collected on a quarterly basis and will have tonnage amounts for MSW/garbage, recycling and source separated organics listed for each County. To ensure data is provided to the State quarterly, municipalities are expected to continue their role in enforcing hauler compliance through existing ordinances, contracts or licenses with haulers. Municipalities are expected to exercise punitive actions, if needed. The final, compiled hauler reports will be available on the County's Re-TRAC Connect system for municipality's to view after the reporting period has closed. 2. Annual Work Plan Project Status Reports Municipalities receiving funding through the Washington County municipal recycling grant program must complete annual work plan project status reports. The annual report is a measure of a municipality's progress towards meeting components on the recycling continuum and on program expenditures. Annual reports must be completed by the municipality receiving the grant by January 31st of each year using the County's Re-TRAC Connect system. a. Work plan project status report: • project completion (yes/no) • performance measurements (minimum of 3 forms of measurement, as identified in work plan, should be reported) • description of information helpful to other municipalities desiring to replicate projects 3. Final Program Expenditures Report Municipalities receiving funding through the Washington County municipal recycling grant program must complete final program expenditures report at the end of the grant term. Reports must be completed to receive funding in future grant cycles. Components to be included in the final report includes the following: a. Program expenditures: Total program expenditures must equal total program revenue. • Administrative costs including — Direct salaries — Direct membership, training, subscriptions — Consultant services and or temporary help — Promotion — Design, printing and postage — Advertisements — Videos — Promotional items — Special events — Other (list and describe) • Capital Costs • Collection Costs (recycling grant funds cannot be used for collection costs) • Other b. For each line item on the report's expenditures sheet, indicate: • Total County grant funds used • City/Township funds contributed • % of County grant used for particular line item • Total expenditures IX. Recycling Performance A municipality's performance will be evaluated based on information from the annual work plan project status reports, and reasonable effort towards reaching outcomes from work plan activities implemented and progression along the recycling continuum. PHE reserves the right to request documentation for information submitted. Failure by a municipality to demonstrate measureable progress towards one or more of the work plan goals will result in a Recycling Improvement Plan be submitted 90 days of being notified by PHE. The Plan must be negotiated with PHE and specify the efforts that will be undertaken by the municipality to improve its recycling program to achieve the identified goal in the work plan by implement strategies agreed upon by municipal staff and PHE. The plan should focus on components of the recycling continuum. Funding will be withheld until the municipality's Plan is completed and approved by PHE. X. County Responsibilities 1. Grant documents PHE will provide the grant application and work plan by January 15t for each municipality to use to request grant funding and to develop project work plans. PHE will also provide the annual report for municipalities to report on their recycling program. Annual reports are available year round. 2. Meetings PHE staff will continue to host quarterly recycling coordinator meetings and will make meeting materials available on the City Recycling Resources webpage on the County's website. PHE staff will also continue to coordinate individual work plan meetings with each municipality to identify grant projects. 3. Technical assistance PHE staff will help identify if and how additional technical assistance is needed. 4. Payments Grant payment will be made in one installment, which is to be used for recycling program expenses in 2023. The payment will be made within 60 days of execution of the Recycling Grant Agreement. 5. Recycling tonnages Recycling tonnages for each municipality will be collected by the Minnesota Pollution Control Agency (the State) from the community's recycling hauler(s) on a bi-annual basis. Reports are available on the County's Re-TRAC Connect system. 6. Residential recycling survey If requested, PHE will assist in the development of a survey on residents' recycling knowledge and behavior for municipalities to promote and distribute regularly. 7. Online recycling information and best practices PHE will maintain the City Recycling Resources webpage on the County's website for use by municipal staff to obtain information on recycling best practices, learn about other grantee projects, track recycling coordinator meetings, and access templates and other educational information designed specifically for use by municipalities. 8. Commercial Recycling PHE has a separate funding mechanism to promote and support recycling in the commercial sector. This program is called BizRecycling and more information can be found at www.bizrecycling.com. 9. Recycling in multi -unit dwelling (4+ units) PHE has a separate funding mechanism to promote and support recycling in multi -unit dwellings. More information and ways to access this program can be found on www.bizrecycling.com. Supplemental documents required upon application submittal: ❑ Updated waste and recycling ordinance(s) (if applicable) ❑ Updated waste and recycling contract(s) (if applicable) ❑ City/Township council meeting minutes discussing/approving updated ordinances/contracts (if applicable) ❑ Verification of public entities law (Minnesota Statute 115.471 and 115A.46) (if applicable) ❑ A certificate of insurance indicating the municipalities' general liability limits as indicated in Section 4 of the Agreement. Please be sure to include the certificate with the application and not have it sent separately by your insurance carrier. Washington County Municipal Recycling Grant Continuum BASIC IMPROVED ADVANCED Administrative Administrative Administrative Actively participate in municipal recycling grant program Engage in professional development around recycling best practices Provide professional development opportunities to municipal leadership and staff on recycling best practices Participate in a minimum of two recycling coordinator meetings per Develop partnerships within the community to create more Establish partnerships with other municipalities year widespread knowledge of recycling best practices Establish a curbside recycling program by ordinance or contract Update solid waste/recycling ordinance and/or contract with county Update solid waste/recycling ordinance and/or contract with county assistance to meet current state requirements assistance to expand and require recycling best practices Require collection of standard list of recyclables Support community wide efforts to increase recycling of non- Adopt municipal policies to support waste reduction, reuse, and standard items recycling for non-standard items Support state efforts in obtaining hauler reports through ordinance, contract or license requirements Capital Expenses Capital Expenses Capital Expenses Establish signage or updated signage for collection best practices Replace worn/torn/missing signage Establish municipal drop locations for use by residents for items notavailable for curbside pick-up Provide recycling in municipally owned/operated public spaces Expand recycling in municipally owned/operated public spaces Establish permanent -away -from -home recycling opportunities, such as fairs, parks, athletic fields, arenas, and recreation centers Provide recycling in municipally owned/operated buildings (non- Expand recycling in municipally owned/operated facilities (non- Establish programs that target reuse public facing) public facing) Education & Information Education & Information Education & Information Establish and maintain web page with recycling and waste Improve information on municipal web page to encourage waste Provide recycling and waste information to all new residents in the information for residents and businesses that meet minimum reduction and reuse community requirements set by the county Share designated county created communications Encourage backyard composting and provide information on Establish recycling targets for the community county s compost bin/rain barrel sales Update county resources as shared by the county Encourage special events in community to utilize the county's Encourage special events in the community to utilize municipal - special event resources owned special event resources (ex. Clear Streams) Reach 1% of resident population with municipal waste and Provide recycling and food scrap containers for events hosted or recycling information and programs sponsored by the municipality or located on public property Encourage reuse opportunities and provide outreach on Establish reuse incentive programs or equipment library environmental benefits of reuse Multi -Unit Dwellings Multi -Unit Dwellings Multi -Unit Dwellings Ensure all multi -unit dwellings (4 or more units) have recycling Provide educational materials to interested properties and refer Target education to specific multi -units and/or property managers services available property managers to Washington County staff Coordinate targeted information /events for multi -units Host clean-up events for multi -units based on multi -unit turnover �l water 1 4 1 " P LAl l OF MIMNf 1 0 1 A DATE: April 4, 2023 TO: Honorable Mayor and Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Lift Bridge Road Race 2023 Event Application BACKGROUND Run Stillwater, Inc. has submitted a special event application to host the Lift Bridge Road Race event on Saturday, June 241h, 2023. The proposed event is a new event to be held in Stillwater as it was previously run in Bayport since 2014. The event features 10-mile, 10K and 5K courses. All three races share a common finish at the Lift Bridge Brewery located at 1900 Tower Drive in Stillwater. The 10-mile course is a loop starting and ending at the brewery. The 10K and 5K courses start at Washington Square Park. There will be shuttle busses running from the Lift Bridge Brewery in the morning from 5:30 am to 6:45 am to shuttle 5K and 10K participants to the North parking lot at Lily Lake Park where they will walk up Greeley Street to the starting line at Washington Square Park. The race starts at 7:00 am and they expect to be cleared of Washington Square Park by 7:15 am. From setup to cleanup, the event will primarily run from 5:00 am to 12:00 pm that day. Fees for this event will be charged according to the 2023 Fee Schedule and will be due 3 weeks prior to the event. The event 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, the City Council should make a motion to approve this special event and enter into a contract with Run Stillwater. Attachments: Event Application Form, Site Plan, Letter from Event organizer and Contract LIFT BRIDGE ROAD RACE EVENT AGREEMENT WITH RUN STILLWATER, INC. THIS AGREEMENT (the "Agreement") is made this 4th day of April, 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. Lift Bridge Road Race 10 Mile, 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: June 24, 2023 (5:00 am to 7:30 am) Event: June 24, 2023 (8:00 am to 11:00 am) Cleanup: June 24, 2023 (10:00 am to 12:00 pm) The Race. The "Race" will include a 10 Mile, 10K and 5K race 3. Course for the Race. (a) The 10-mile course is a loop starting and ending at the Lift Bridge brewery. (b) 10K and 5K Courses -start at Washington Square Park and finish at the Lift Bridge Brewery. (c) 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 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 June 2, 2023. The plan must address and mitigate parking congestion, in order that businesses or residents 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. 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 June 2, 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 June 2, 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) inFarnatianonthe plan. This complete plan must be received and approved by the City no later than June 2, 2023. 12. 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. 13. 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 June 2, 2023. 14. 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. 15. 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 June 2, 2023. 16. 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. 17. 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 June 2, 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. 18. 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 near parking area at Washington Square Park, 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 Washington Square Park 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) Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. (d) Rubbish Removal. All garbage and refuse generated by the Race, including that left by spectators along the route, must be removed by Event Organizer. 19. Term. The term of this Agreement will be for one year unless terminated earlier by the City on public safety grounds. 20. 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 RUN STILLWATER, INC. is (Print Name) • EVENTS PERMIT APPLICATION Water 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 THE fINTH►LACE Of MINNE3OTA Email: pubwrks@ci,stillwater.mn.us Incomplete applications or applications received after deadline will not be orjice use on;y accepted. See Event Instructions for application deadline and fees. Date Application Received Date of Application: 1/23/2023 Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Lift Bridge Road Race Event Date/Time: Set up: Date 6/24/2023 Time 0500 to 0700 Actual Event: Date 6/24/2023 Time 0700 to 1130 Clean up: Date 6/24/2023 Time 0900 to 1200 (Events after 10:00 p.m. require a variance from City Counal Location (Address) of Event: (if in Lowell Park please specify north or south Lowell park) and p Tower Drive, Stillwater (Lift Bridge Brewing Company) and portions of the roadway TBD Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) It is our hope and plan for the Lift Bridge Road Race to be run on a new course in 2023 finishing at Lift Bridge Brewing Company in Stillwater — the event's title sponsor. The 10-mile, 1 OK and 5K courses show off the best of historic residential Stillwater, its scenic lakes and paved trail system. All three distances share a common finish at the brewery's Tower Drive location. The 10 Mile course is a loop starting and ending at the brewery. The 1 OK and 5K courses start at Washington Park. The finish will be a festive atmosphere at the brewery to celebrate together. Estimated Attendance (participants and spectators): 500-700 (based on passed attendance Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Run Stillwater, Inc. Mailing Address: 5055 Normandale Ave. N. City, State, Zip Code: Stillwater, Minnesota 55082 Primary Contact/Applicant Name: Stacy Einck, coordinator Phone Number: (651) 470-3802 Fax: NA Cell Phone: (651) 470-3802 Email Address: stacy@runstillwater.com Website Address: https://www.runstillwater.com/lift-bridge-road-race/ Name of contact person during event: Stacy Einck/Kate Mertz Cell Phone: (651) 470-3802/(651) 261-99�6 Alternate contact during event: Course Coordinator Cell Phone: TBD Refer media or citizens inquires to: Stacy Einck Phone: (651) 470-3802 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 El Yes © Number and size: 1-4 at the finish area Will there be any inflatables? NO ® Yes E Insurance certificatefrom rental vendor is required Will there be entertainment? No �X Yes ❑ Fees for electricity may What type: apply see Instructions Will sound amplification be used? No El Yes iK Hours and Type: PA announcer & music Will a stage or tent(s) be set up? No ❑ Yes ixi Dimensions: 1 0x1 0 no stakes, 2-5 per weather Will there be temporary fencing? No ® Yes ❑ Will merchandise/food items be sold? No ® Yes ❑ How many Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No X❑ Yes ❑ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ® Yes ❑ Contact Stillwater Fire Department 351-4950 Will alcohol be served but not sold? No © Yes ❑ See Alcohol Regulations in the Instructions Will alcohol be sold? No ® Yes ❑ See Alcohol Regulations in the Instructions Will there be a fireworks display? No ® Yes ❑ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Power from Lift Bridge Brewery if needed and possibly small generator for PA announcer. 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. Ties and links to Discover Stillwater and other sponsors, etc. 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. Partial close of Tower Dr. only. City Streets or Right-of-way No ❑ Yes ® Start/End Time: 0500-1130 Date: 06/24/2023 City Sidewalks or Trails No ❑ Yes ® Start/End Time: 0500-1100 Date: 06/24/2023 Public Parking Lots or Spaces No ® Yes ❑ Start/End Time: Date: Will event need barricades ? No () ® Yes ❑ Fees may apply Number needed: see Instructions Will extra picnic tables be needed? No ® Yes `1 Number needed: Fees may apply see Instructions Will portable restrooms be needed? No ❑ Yes LX: Number needed: Event to provide Fees may applysee Instructions Will extra trash receptacles be needed? No [IYes Y Number needed: Event will provide Fees may applysee Instructions Describe trash removal and cleanup plan during and after event: Working with Lift Bridge Brewing Co. to dispose of trash. Recyclables and compost will be taken off -site. Will event need traffic control? No ❑ Yes X Contact Stillwater Police Departmentfor assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: See course maps for route. A layout of the course with specifics on equipment will be provided ASAP, which we'd like input on from public safety. Route will be coned, marked with mile -marker signs and trained race marshals will be positioned throughout the course. Will "No Parking Signs" be needed? No ._j Yes ® Number needed: TBD Fees may apply see Instructions Show location(s) on site map Will event need security? No LK Yes ❑ If event is overnight security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No 1 : Yes ® Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: First aid is provided at the finish and coordinated by race medical director Dr. Lincoln Likness. A medical tent will be set up with volunteer medical first -responders present throughout the morning. Lakeview EMS will be onsite at the finish and available if transport is needed on the course. See Emergency Plan for details. Describe the emergency action plan if severe weather should arise: See Emergency Plan for details. List any other pertinent information: This race has been run in Bayport since 2014. We are excited about the synergy of bringing it to Stillwater and the doorstep of our title sponsor, Lift Bridge Brewery. This location is easily accessible with plenty of amenities and parking (to be arranged with local businesses.) Basing at the Brewery gives runners a chance to see Stillwater beyond its historic downtown area. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear. " As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in his application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwdter and s•ci release of Liability. h� Coordinator 1/24/2023 Signature of A,p licant or Authorized Agent Date 10-Mile Course Marshal and Public Safety Locations TBD 0% 04. of A P. St. Croix Valley 0 Recreation Center Q L %i W,BRIDqt 01 .. S! '.1; IM Y Pioneer Park U Lowell Park Stillwater Wasningtcn County Governmient Center 1 OK Course Marshal and Public Safety Locations TBD Fap. Rddr i•a; w SytamacSt9 = j C Z St Crc•, St. ter." Aye © S--*Aran Au W V le Park C ` Zr U Storebndgen a �Fletnenl8ry School cr i Eb r j WE.rr S: 0 0 �r w;iory S. w , v CJI�v vi I! Skk z `► Stifly aler Seventh -day Pioneer Park Adventist Churr_h© a - Stillwater MN k Jaycee ELI © Lowell Park Od iisl Church �SrhSIN Ball Fields lc+aan$1W Northland �. t,oa, A#LdbmyStK - Park �� �MYrllesry✓ ,�>gk Stillwater: Land i nrted z My^�estw Teddy e Melhul,: hunch©- Myrtle StW � Bear Park Iteertxnn, r,. Ramsey Park - �� r• D Our Savior's Luiheran N Church (ELCA)© Olive St W Crosswinds 5 - Community 0Astw g Church GakridgeIce w �� Comrnunay Church r• s. 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V1 Cyr/n, Crhidn5 Sl V;' The Lumberyard Hockey & Sports Center IF i�L't 1'C i.tCy. 7. c rchin + Orchin Q Fs to C.�rvc• Crest Blvd River c alley Club - n Athletic Club 'r'p �� Sliihnate= Area •�© _ Public ScncolsT _ Shelton Dr ■ 3 T Stilk-valer Middle SC:1C01 0 n ;n 2 x �yv'�boy, C, 4 �r r+3tt �• Ane[ Ridge Park Shelton or _ Victoria CI r�larsn st :v r :f -Dad s Da n v St Peter's United CI.( c Oak Park But'dlr �� 3irc'rv,•ood ,o:vri,orr.es� Fusl Prescyteriar. Churci' Lift Bridge Road Race 10-Mile/10K/5K June 24, 2023 Aid Stations, Mobile Staff, Course Marshals Traffic Plan, Staffing & Emergency Plan Staffing Run Stillwater Inc. Race Coordinators Stacy Einck, (651) 470-3802 Kate Mertz, (651) 261-9997 Course deployment and marshaling TBD Starts, Aid Stations and Medical Assistance All Starts (10-Mile, 10K and 5K) Staffed Basic first aid kit Portapotties Water Water/Aid Stops — 10-Mile/ 6� 10K/ 3; 5K/ 1 — at approximately two-mile increments Staffed Basic first aid kit Porta potties Water/Gatorade Mobile Staff — on the course — moving along the course monitoring runners Lakeview EMS (roaming as needed) Bike patrol/vehicle following the last runner Race staff Course Marshals — on the course in fixed positions Intersections on the course(s) will have either a course marshal (no. TBD, in the past 44 total) or public safety officer (no. TBD total provided by BPD and State Patrol). All "spotters" will be instructed to watch for runners who appear to be having difficulty and report that information to the course director, who will pass the information to positions ahead of that runner with instructions to monitor the runner. Sag Vehicle — following the last runner A vehicle will follow the last runner starting near 19th and Oriole. Event staff will be dispatched as needed to meet the sag vehicle and bring participants to the finish line area, where, if needed, EMS staff will be located. Finish Line (Common finish line for all distances) Lakeview EMS w/Ambulance (dedicated) Medical staff coordinated by race Medical Director Dr. Lincoln Likness Lift Bridge Road Race 10-Mile/10K/5K Ice Water Gatorade Bouillon cubes (if needed) Recovery Food: Carbs Salty Fruit Mist (if needed) 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 course marshals. 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 Traffic on the course will be controlled by public safety - TBD Stillwater PD officers, and TBD course marshals. Public safety officers or course marshals will be stationed at intersections to ensure runner safety. The marshals have all received training in traffic control but are not responsible for stopping vehicles. All marshals will wear approved safety vests. All intersections on the course will be monitored. Warning Lites of Minnesota will place all signs and cones in position prior to the races and remove them after the race. Course Description — 10-Mile (see map) 10-mile runners will start and end at Lift Bridge Brewing Co on Tower Drive. See map provided for course details. Course Description — 10K/5K (see maps) The 5K and 1 OK courses start at Washington Park running east on Churchill, north on 4th St., and west on Pine Street. At this point they diverge with 10Kers going north on Sherburne and 5Kers continuing to Center St. S. See map for additional details. Lift Bridge Road Race 10-Mile/10K/5K June 24, 2023 Emergency Plan 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 weather "outside the norm" (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. Race-Dav and Inclement Weather Conti 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 (7:00 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. If delaying the start or canceling the race is contemplated, runners will be held at the race check -in point until a definitive schedule can be set. Runners will be asked to either stay inside or on the shuttle buses, for runners shuttling to their respective race starting lines). Runners will receive scheduled updates on a regular basis from race staff and course marshals. Lift Bridge Road Race 10-Mile/10K/56 - June 24=2023- - -_ --- -- 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. 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 and bring runners back to the finish area. Runners will disembark buses only if weather conditions are permissible to do so. Buses will rotate along the courses following the stream of runners. The bus service will coordinate bus movements under direction of race staff and public safety officers. rd ater u 11w THE BIRTHPLACE OF MINNESOTA DATE: April 4, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: 72nd Street Road and Trail Improvment Project (Project 2022-04) DISCUSSION Plans and specifications for the 72nd Street Road and Trail Improvment Project are near completion, and staff is requesting approval for the plans and specifications and authorization to bid. Bid opening is scheduled for April 28t" and bid results will be presented to Council at the May 2nd meeting. An open house was conducted on Thursday March 30, where the plans for the project were presented to the public. A large scale layout of the improvement was provided, that included the street and trail layout, storm sewer, and retaining walls. In all about 15 people attended, who provided some comments and suggestions. This will require some some slight modifications to the plans but not hold up the bid advertising. RECOMMENDATION It is recommended that Council approve plans and specifications for the 72nd Street Road and Trail Improvment Project. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2023- APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 72ND STREET ROAD AND TRAIL IMPROVMENT PROJECT (PROJECT 2022-04) City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 72nd STREET ROAD AND TRAIL IMPROVEMENT PROJECT (PROJECT 2022-04) WHEREAS, pursuant to a resolution passed by the Council on February 7t", 2023, the City's consultant, Bolton and Menk Inc., has prepared plans and specifications for the 72nd Street Road and Trail Improvement Project and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at QuestCDN.com the advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and online at QuestCDN.com and shall specify the work to be done, shall state that bids will be received until 10:00 am on April 28th 2023, at which time they will be publicly read online, in the presence of the City Engineer or designee. Viewing of will be available at the Stillwater City Hall 216 North Fourth Street, Stillwater, MN 55082. 3. Bids will then be tabulated and will be considered by the Council at their next regular Council meeting on May 2nd 2023, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by the Council this 4t" day of April 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk �l 1water THE BIRTHPLACE OF MINNESOTA DATE: April 4, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: Approval of Engineering Services Downtown Lighting Project (Project 2022-07) DISCUSSION Earlier this year, the City solicited Request for Proposals for Engineering Services for design, construction, inspection and contract administration for the Downtown Lighting Project. This project consists of replacing the entire street lighting system in the downtown area. Three proposals were received and upon review, staff has selected Short Elliot Hendrickson Inc., (SEH) from Vadnais Heights, MN. SEH is a multi -disciplinary consulting company whose work has included several street lighting projects in Minnesota and Wisconsin. SEH is familiar with the City and previous work includes the Downtown project from the 1990's. SEH's cost for the engineering services is not to exceed $243,284.00. RECOMMENDATION Staff recommends Council approve and award the proposal for engineering services to Short Elliot And Hendrickson (SEH) for the Downtown Lighting Project and enter into agreement. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion to APPROVE AND AWARD PROPOSAL, AND ENTER INTO AGREEMENT FOR ENGINEERING SERVICES FOR THE DOWNTOWN LIGHTING PROJECT (PROJECT 2022-07). Agreement for Professional Services This Agreement is effective as of April 4, 2023, between City of Stillwater (Client) and Short Elliott Hendrickson Inc. (Consultant). This Agreement authorizes and describes the scope, schedule, and payment conditions for Consultant's work on the Project described as: Downtown Lighting Project. Client's Authorized Representative: Address: 216 North Fourth Street Stillwater. MN 55082 Telephone: 651.430.8835 Project Manager: Grea Anderson Address: 3535 Vadnais Center Drive St. Paul, MN 55110 Telephone: 612.720.5883 Mr. Shawn Sanders email: ssanders@ci.stillwater.mn.us email: ganderson a�sehinc.com Scope: The Basic Services to be provided by Consultant as set forth herein are provided subject to the attached General Conditions of the Agreement for Professional Services (General Conditions Rev. 05.15.22), which is incorporated by reference herein and subject to Exhibits attached to this Agreement. See attached proposal for consulting services for the Downtown Lighting Project dated March 16, 2023. Resident Project Representative Services RPR services will be provided in accordance with attached Exhibit B. Schedule: PROJECT City Awards Contract Aril 3, 2023 Kick-off Meeting with City Staff Early Aril Field Survey Late April —Early May Final Design and Plan Preparation May —August 2023 Draft Plans to City Staff August 2023 Plans & Specifications (Lighting Equipment), Ad for Bid Authorized August 2023 Advertise for Bids (Lighting Equipment) Au ust—Se tember 2023 Award Lighting Equipment Bid October 2023 Plans & Specifications Approved Installation Project), Ad for Bid Authorized October 2023 Advertise for Bids (Lighting Installation October —November 2023 Award Lighting Installation Bid December 2023 Delivery of Lighting Equipment Spring 2024 Project Construction May 2023—October 2024 Final Project Completion * SEH recommends the Citv consider bidding out the poles. eauioment. and luminaires October 2024 separately from the installation project to save money on contractor mark-up and avoid potential delivery Short Elliott Hendrickson Inc. Letter Agreement - 1 City of Stillwater Affirmative Action, Equal Opportunity Employer (Rev. 06.13.22aa) The estimated fee is subject to a not -to -exceed amount of $243,284 including expenses and equipment. The payment method, basis, frequency and other special conditions are set forth in attached Exhibit A-1. This Agreement for Professional Services, attached General Conditions, Exhibits and any Attachments (collectively referred to as the "Agreement") supersedes all prior contemporaneous oral or written agreements and represents the entire understanding between Client and Consultant with respect to the services to be provided by Consultant hereunder. In the event of a conflict between the documents, this document and the attached General Conditions shall take precedence over all other Exhibits unless noted below under "Other Terms and Conditions". The Agreement for Professional Services and the General Conditions (including scope, schedule, fee and signatures) shall take precedence over attached Exhibits. This Agreement may not be amended except by written agreement signed by the authorized representatives of each party. Other Terms and Conditions: Other or additional terms contrary to the General Conditions that apply solely to this project as specifically agreed to by signature of the Parties and set forth herein: None. xApt\s\still\common\171879\Ilr agreement for prof services docx Short Elliott Hendrickson Inc. City of Stillwater By: By: Greg.ederson Title: Principal Title Short Elliott Hendrickson Inc. Letter Agreement - 2 City of Stillwater (Rev. 06.13.22aa) PROPOSAL FOR CONSULTING SERVICES Downtown lighting Project Project 2022-07 qg= MARKET . .. ...... STILLWATER, MINNESOTA I MARCH 16,2023 ;4 i-- � i Mai �� �� .lam --NNW March 16, 2023 Shawn Sanders, Director of Public Works City of Stillwater ssanders@ci.stillwater.mn.us RE: Downtown Lighting Project I Project 2202-07 Dear Mr. Sanders and Members of the Selection Committee: Street lighting is one of the most visible aspects along a roadway and has been an important part of Stillwater's downtown history for nearly 100 years. Unfortunately, Stillwater's existing lighting systems have reached the end of their useful life. The replacement of these systems offers a perfect opportunity to bring back the historic lighting equipment and community character associated with the early lighting systems installed long ago. The new lighting systems will not only replace existing decorative and utilitarian lighting, but will be extended into areas that are sparsely, or currently not illuminated. The state of the art, historically styled LED lighting equipment will provide continuity with the Lift Bridge rehabilitation project, and the entire downtown area. This will enhance walkability and provide a safer nighttime environment for pedestrians and motorists while providing aesthetic value throughout the community. After reviewing the request for proposals (RFP), Short Elliott Hendrickson Inc. (SEHO) believes we are a perfect fit to serve as your partner on this project. The following proposal demonstrates why, but highlights include: We have local team members who will be directly involved in the project. Our Project Manager Ken Taillon is a resident of Stillwater and lives minutes away. He has analyzed the condition of Stillwater's downtown street lighting systems for several years and is thoroughly familiar with their condition and opportunities for improvement. Ken and his team has performed this kind of work for numerous similar communities such as Minneapolis, Lake City, Hudson, Bayport, Osceola, and Duluth, and is highly qualified to lead the team. We have a dedicated in-house team specialized in outdoor lRahting desit m Unlike most firms, we have an entire team of experts that focus on engineering for outdoor lighting and electrical systems for communities throughout the country. With that experience comes a consistent approach and level of quality you can trust. We already have familiarity with this project. SEH team members have been working with the City of Stillwater on aspects of this project for the past couple of years. Because of this we can reduce the scope, which means we can likely accelerate the schedule. _�k. SEH 6uildirig a 6eLter Nor d for All of Us' We appreciate the opportunity to submit our proposal for your Downtown Lighting Project. We have introduced our team and we look forward to discussing this project with you further. Please don't hesitate to contact me at 612.720.5883 or ganderson@sehinc.com if you have any questions or would like additional information. Respectfully submitted, �4,N_TaA� KEN TAILLON GREG ANUEHSON 11 MIN) PROJECT MANAGER PRINCIPAL -IN -CHARGE Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 3535 Vadneis Center Drive, St. Paul, MN 55110-3507 651.490,2000 1 800.325.2055 1888.908.8166 tax I sehinc.corn SEH is 100% employee -owned I Affirmative Action —Equal Opportunity Employer u Company Information SEH is an employee -owned engineering, architectural, environmental, and planning company that helps government, industrial, and commercial clients find answers to complex challenges. Our 800-plus employee -owners share a core purpose: Building a Better World for All of Us®. This approach reflects a companywide commitment to improving the quality of life by designing safer, more sustainable infrastructure for government, and helping industrial and commercial clients achieve their business goals. Headquartered in St. Paul, Minnesota, and with 32 offices in 11 states, you'll find evidence of our work throughout the United States. SHORT ELLIOTT HENDRICKSON INC. -- - �%4M HAS GROWN TO EMPLOYING Founded in ���� 1927 O �./Z locations 80 0 engineers, architects, ifA planners, scientists. and talented professionals HO WORK GETHER TO SERVE market areas: mobility, ANIMPRESSIVE +---•---- . baterplaces,cIeanwater. 1080% and renewing infrastructure of our clients are 0000 repeat customers LIGHTING AND ELECTRICAL DESIGN Our design team works closely with City staff to ensure that new lighting systems and equipment are consistent with their expectations regarding aesthetics, construction and installation methods, performance, and minimizing long-term maintenance. 11 Project Understanding and Approach PROJECT UNDERSTANDING Our in-house electrical and lighting design team has a comprehensive understanding of the design and maintenance concerns associated with Stillwater's outdoor electrical and lighting installations and the importance of balancing aesthetic expectations with utility, maintenance, and long- term performance. PRn.IFCT APPRnACH This project will involve the removal and replacement of existing lighting systems within the downtown area. The following are components and tasks associated with the complete restoration of the downtown lighting systems: o Existing lighting systems will be removed within the project area. Maintaining nighttime traffic and pedestrian access within the downtown area is paramount. Existing and proposed ci cuiting will be coordinated to enable approximately one-half of the lighting along any given roadway to remain operational during construction where possible. This could consist of existing or newly installed lighting equipment. o There are numerous existing lighting services throughout the project area. We will work to consolidate circuiting where possible to minimize the total number of new lighting services and ultimately long-term operating costs. We will coordinate with Xcel Energy for the establishment of new metered service locations and removal of existing equipment. o New service equipment will be designed to enable easy access and control of the lighting and pole -mounted receptacle distribution systems. The City will be consulted regarding the inclusion of additional circuiting for other electrical needs such as Wi-Fi hotspots, speaker systems, festival power, etc. o We will ensure that new lighting distribution systems are consistent with high industry standards and expectations for equipment, installation, and construction methods, and that they maintain existing electrical systems as required uch as parking lot and concourse lighting. o We will work closely with the associated disciplines to eliminate conflicts with other utilities occupying the project area and to place new systems in logical and predictable locations. To avoid conflicts with building entries and other downtown features, a walkthrough will be conducted with the City to review the proposed pole placement identified in the feasibility study. o The installation of historically styled roadway lighting is the focus of the downtown lighting project. We will ensure that the proposed lighting equipment is consistent with that which was selected during the feasibility study, and specified for the current project along Chestnut Street. o We highly recommend that the lighting equipment is purchased ahead of schedule to enable the project to meet construction deadlines. We will assist the City with procurement of lighting equipment. We recommend the purchase of few extra poles to be maintained in inventory to address knockdowns. o The proposed poles are equipped to accommodate pole -mounted accessories that enable equipment such as banner arms, plant hanger baskets, flag holders, traffic signs, seasonal decorations, etc., to be mounted at various locations on the poles at any time. o We will coordinate with the City and Police Department to discuss provisions for cameras and Wi-Fi equipment to be incorporated into new lighting system where possible. This equipment can also use the pole mounting accommodations. o Photometric calculations will be reviewed to ensure that the latest and most efficient LED luminaire optics are specified for installation within the project area. Retrofit equipment from the same manufacturer will be specified for lighting upgrades to the river walk lighting system luminaires. The appropriate parking lot luminaires will be specified for installation. o Existing lighting equipment within the gazebo will be evaluated for replacement with new LED equipment. o The associated electrical distribution and luminaires will be specified to enable the installation of lighting control and monitoring systems that reduce energy consumption and long-term maintenance. o The City will be responsible for maintenance of the new lighting systems once installed. We will review the maintenance recommendations detailed in the feasibility study with the City to familiarize them with possible maintenance situations associated with system ownership. We will also contact local agencies such as the City of St. Paul to discuss options for a joint power agreement for providing lighting maintenance for Stillwater's new lighting system. Reputable electrical contractors that are familiar with municipal roadway lighting maintenance will be contacted for discussions regarding maintenance services. We anticipate starting the project with a kick-off meeting with City staff to discuss project schedule and deliverables as a framework to begin the project. We will attend a public informational open house to discuss the project and present the final design, and we will also attend a City Council meeting to update the Council and answer any questions on the project. While funding sources have been identified for the project, we will review a couple potential outside funding sources with our internal funding team and if appropriate assist the City in applying for additional outside funding for the project. An identified funding source may be under the Carbon Reduction Program in the Bipartisan Infrastructure Law (BIL). ru Historical Chestnut Street photo, note Acorn lighting with pole mounted flags. TACIl(2) J:'AIAI r1CCir'AI AAIM ®I AAI nnfrr%A®ATIr%KI SEH will provide preliminary surveying services of the project area. The survey will: o Obtain horizontal control o Gather topographic, profile, and cross- section information o Locate existing property irons and underground utilities (coordinate a Gopher One Call) o Survey any existing sanitary sewer, water main, or storm sewer structures within the project area We will organize and attend a design kick- off meeting with City staff as weii as one nei!Yhhnrhnnd meetinpf. The neighborhood meeting will update the residents and business owners on the design as well as gather information about the project area. SEH will provide any needed graphic/ displays for the neighborhood meeting. SEH staff will also attend one City Council meeting with City staff to provide project updates during the design phase. SEH will prepare the construction plans and specifications for the improvements based on City staff, council and property owner input. The plans and specifications will include City of Stillwater standard plates. The construction plans will be prepared using AutoCAD Civil 3D as the design software. SEH will utilize our team of funding specialists to assist the City in pursuing outside funding for this project. Project funding sources to be reviewed include: The BIL under the Carbon Reduction Program. SEH will also obtain necessary permits from applicable agencies. TACK ° 3 BirlinING AND CONTIP4GT ADMINISTRATIOV With a significant amount of specific lighting equipment needed on this project, SEH would recommend the City consider bidding out the poles, luminaires, and equipment separately for two reasons: 1. A specific bid forjust the equipment will allow the City to avoid paying sales tax on the equipment. With nearly 250 poles and luminaires, this will be significant savings. 2. Bidding the poles separately will allow for the placement of the pole order to the manufacturer sooner to ensure delivery of the equipment in time for construction to start in the spring of 2024. For each bid package, SEH will prepare the advertisement for bid for the City's review and approval. We will then post the advertisement in the appropriate bid venues. We currently use QuestCDN along with the client's newspaper of record for project advertisement. We also use QuestCDN for plan distribution to contractors as well as online bidding. SEH will respond to any Cor+- + ---cfinnc at rPnm—c+c fnr infnrmnfion during the hidding nrnce5 . We will also attend and lead the bid opening using QuestCDN for an online bid opening. We will then prepare a bid tabulation and a recommendation of award for City staff to take to Council. As part of the recommendation of award, we will review the low bidder's bid, bonds, and insurance. Once a contract is awarded by the City Council for both the equipment and installation projects, SEH will prepare the construction contract and route for signature to the contractor and City. During construction, we will prepare and review all pay requests from the contractor and prepare the payment request documents for review and processing by the City Finance Department. We will review and address any contractor requests for compensation outside of the contract prices related to any alleged changed conditions. SEH will prepare any needed supplemental agreements of change orders for extra work on the project as appropriate. TALI! 4 f+f1A1QTn11f+T1r1A1 nuAccr SEH will provide the construction staking needed for completion of the improvements. We will also review and approve all shop drawings and product submittals required for the project. During construction of the improvements, SEH will provide daily on -site project observation services as needee. Our on -site Resident Project Representative (RPR) will be a team approach utilizing Ken Taillon for all lighting installation efforts and questions, teamed with an experienced inspector with downtown streetscape and ADA experience. Ken's knowledge of the project and City coupled with his proximity to the project will allow Ken to be efficient in his time on site while being able to call in help when it comes to access/ADA and restoration input needs. Our RPR team will also provide these services: o Provide clarification on pole location conflicts with City and Contractor input o Coordinate all needed materials testing services with an outside subconsultant o Respond to contractor questions o Prepare project punch lists as the project nears completion o Conduct a final inspection review with City staff and the contractor The RPR team will also assist in the preparation of project as -built drawings and perform any warranty claim investigations. OR s s 11 4ML, City Awards Contract Kick-off Meeting with City Staff Field Survey Final Design and Plan Preparation Draft Plans to City Staff Plans & Specifications (Lighting Equipment), Ad for Bid Authorized Advertise for Bids (Lighting Equipment) Award Lighting Equipment Bid Plans & Specifications Approved (Installation Project), Ad for Bid Authorized Advertise for Bids (Lighting Installation) Award Lighting Installation Bid Delivery of Lighting Equipment Project Construction Final Project Completion April 3, 2023 Early April Late April -Early May May -August 2023 August 2023 August 2023 August -September 2023 October 2023 October 2023 October -November 2023 December 2023 Spring 2024 May 2023-October 2024 October 2024 * SEH recommends the City consider bidding out the poles, equipment, and luminaires separately from the installation project to save money on contractor mark-up and avoid potential delivery delays Team GREG ANDERSON PE PRINCIPAL -IN -CHARGE SEH offers a strong team with extensive urban and sustainable lighting design experience to deliver a successful street lighting project for the City of Stillwater. Greg will serve as the main point of contact for the City. Greg has more than 27 years of municipal engineering experience. He has served as city engineer for several Minnesota communities. Greg also has experience managing municipal and county engineering projects, including sanitary sewer, water main, storm sewer, street and highway design. Greg's responsibilities include site plan review, permit review, drainage review, as well as conducting and supervising all aspects of project design and construction for a variety of municipal projects. Relevant project experience includes: o Downtown Lighting Update Project - Stillwater, MN 0 9th Street Lighting Improvements - Mora, MN o TH 23 Lighting Improvements - Mora, MN KEN TAILLON PROJECT MANAGER As the Project Manager, Ken will be , responsible for oversight of the team, budget, schedule, and quality assurance and quality control of the lighting design submittals. Ken is a resident of Stillwater and has been involved in some capacity for the various lighting projects the City has undertaken over the years. Ken is a project manager with 30 years of experience in government agency lighting engineering and leads the outdoor lighting design group at SEH. He has wide-ranging outdoor lighting and electrical design experience in downtown areas and streetscapes, roadways, roundabouts, bridges, landscape and architectural lighting, entertainment and sports facilities, and lighting maintenance. He supports client needs by developing and providing services in the areas of project management, design, lighting maintenance evaluation, equipment evaluation, planning and policy development and construction administration for projects involving any type of lighting and electrical infrastructure. He has been involved in many projects with city, county, state and federal agencies, energy providers, site developers and business associations. Relevant project experience includes: o Downtown Lighting Study Project - Stillwater, MN o Downtown Lighting Replacement STH 35 - Hudson, WI o Lift Bridge Rehabilitation - Stillwater, MN JON KRUSE DESIGN LEAD Jon will lead the design for the lighting aspects to the project. Jon is a project design lead with 19 years of experience designing lighting and electrical systems from preliminary to final design with a focus on downtown areas and streetscapes, roadways, bridges, landscape and architectural lighting, residential and RV parks and sports facilities. As a project design leader, Jon works with a variety of clients from private to city, state and federal agencies to coordinate and complete projects, permits and construction administration. He provides lighting studies, product performance analysis and cost benefit analysis for lighting and electrical systems. DUSTIN CESAFSKY CIVIL DESIGN LEAD Dustin will be responsible for tasks involving civil engineering. Dustin has experience serving as the lead designer for numerous municipal projects. He provides a strong background in plan preparation, site grading, utility design, construction observation and surveying techniques. Dustin has more than 10 years of experience working with communities on a variety of project types including Federal Aid, Municipal State Aid, stormwater management, site development, water system extensions and metering, and pipe condition investigation and lining. iHEO BROWN PLS SURVEY Theo will be responsible for survey tasks and supporting right of way needs. Having managed the last two survey projects for the City of Stillwater, Theo understands the City's processes and preferences. He has 18 years of experience in the survey profession in various capacities and roles. He has spent time in both the private and public sector, and he has worked on a wide base of project types in both the field and the office. As a land surveyor he has spent the bulk of his time in the office working on right of way, Design Surveys, ALTA/ACSM, Geodetics, GIS/Survey integration, and QA/QC of techniques for greater accuracy and precision. O Project Experience These example projects all required a comprehensive understanding of the specific design and maintenance requirements associated with each unique municipal lighting installation. This understanding led to valuable relationships with government agencies, equipment manufacturers, contractors, and energy providers. These relationships aid in the selection of new lighting equipment and the development of improved installation methods associated with the installation of lighting equipment and underground electrical distribution systems and circuiting. We applied our understanding of the importance of utility, performance, and maintenance characteristics, and how to effectively balance them with aesthetic expectations. Our experience delivered lighting systems that provide an attractive lighting installation and offer decades of trouble -free service. TH 19 RECONSTRUCTION NEW PRAGUE, MN This streetscape/highway project involved the installation of twin-luminaire light poles complete with festoon receptacles. Roadway, roundabout, and sidewalk illumination were the focus of the lighting installation. Lighting equipment that was new to the City inventory was presented and accepted as part of the project. Pole locations were coordinated with the installation of colored and patterned concrete sidewalks. CLIEt,. City of New Prague COST $12.5 million REFERENCE Bruce Reimers 952.758.4401 breimers@ci.new-prague.mn.us TH 61 RECONSTRUCTION LAKE CITY, IVIN ■ This streetscape/highway project involved the installation of decorative and utilitarian light poles. The system included planter mounted festoon receptacles for tree lighting, and provisions for future tree -up lighting. Roadway and sidewalk/trail illumination were the focus of the lighting installation. Lighting equipment that was new to the City inventory was presented and accepted as part of the project. Pole and tree receptacle locations were coordinated with the installation of underground utilities, pavers, planter boxes, and colored concrete sidewalks. City of Lake City $14.5 million REFERENC' Scott Jensen 651.380.7773 sjensen@ci.lake-city.mn.us TOWER AVENUE, BELKNAP STREET TO 3RD STREET SUPERIOR, WI This streetscape/highway project involved the installation of high and low level decorative light poles. The system included median -mounted festoon receptacles for tree lighting. Roadway and sidewalk/trail illumination were the focus of the lighting installation. Lighting equipment that was new to the City inventory was presented and accepted as part of the project. Pole locations were coordinated with the installation of colored and patterned concrete sidewalks and trees. -� CLIENT City of Superior COST $13 million REFERENCE Todd Janigo 715.395.7373 janigot@ci.superior.wi.us Here is a small sampling of the SEH projects that involved similar design and construction considerations as the upcoming Stillwater Downtown Lighting project. LIGHTING AND Et CrTRICAL o Stillwater Lift Bridge loDECORATIVE DOWNTOWN t 11rHTING o Arcadia, WI o Blair, WI o Central City, CO o Chippewa Falls, WI o Cloquet, MN o Eau Claire, WI o Foley, MN o Gaylord, MN o Gibralter, WI o Glenwood, MN o Hudson, WI o Hutchinson, MN o Kimball, MN o Lindstrom, MN o Minneapolis, MN o Osceola, WI o Sauk Rapids, MN o St Cloud, MN o Superior, WI o Tracy, MN o West Salem, WI DECORATIVE ROADWAY AND CAMPUS LIGHTING o River Falls, WI o University of Minnesota -Minneapolis DECORATIV L10 TINE' o Apple Valley, MN o Brooklyn Center, MN o Burnsville, MN o Columbia Heights, MN o Duluth, MN o Edina, MN o Ely, MN o Grand Rapids, MN o Minnetonka, MN o Nashwauk, MN o Sartell, MN o Shakopee, MN o St. Joseph, MN o Virginia, MN o Waite Park, MN �) Cost Base ProposalSr. SEH Task /Deliverablesal Task 1.1 -Project Administration and Coordination 24 8 Professional neerst Project ineeH Staff ineerl Grad ineer/ RPR n Tech Prof. Land Surveyor Survey Crew dmin Tech 2 Total Hours 34 Task 1.2 - Stakeholder and CounciyPublic Meetings 16 4 12 8 2 42 Task 2.1 - Pro)ect Administration and Meetings (3 for desgn stage) 24 10 6 4 44 Task 2.2 - Topographic Field Survey 12 80 92 Task 2.3 - Lighting Design 90 208 298 Task 2.4 - Utility Investigation and Plans 8 8 8 24 48 Task 2.5 - Final Design and Plan & Spec Preparation 16 8 16 24 8 72 Task 2.6 - Permitting 4 4 2 10 Task 2.7 - Ouality AssuranceJQuahty Control (QAIQC) Task 3 - Bid and Contract Administration 4 4 8 :r Task 3.1 - Prepare Ad for Bid and Post (2 packages) 4 2 4 4 a 22 Task 3.2 - Bid Opening (2 openings) 4 2 2 2 4 14 Task 3.3 - Bid Tabulation & Recommendation of Award (2 packages) 8 4 4 4 8 28 Task 3.4 - Contract Preparation (2 packages) 4 4 8 16 Task 4.1 - Construction Staking 8 2 24 34 Task 4.2 - RPR On -site 140 240 380 Task 4.3 - Shop Drawing Review, Material Testing Coordination and AFP's 6 8 16 8 38 Task 4.4 - Construction Administration 80 24 40 24 40 208 Task 4.5 - Punch List and and Final Inspections 4 4 24 24 4 60 Task 4.6 - As-Builts 4 8 8 24 4 24 4 76 Total SEH Hours 206 64 354 232 56 52 272 48 18 128 94 1,524 SEH Average Hourly Rates: 150.00 $ 210.00 $ 209.00 $ 156.00 $ 138.00 $ 113.00 $ 120.00 $ 115.00 $ 150.00 $ 130.00 $ 110.00 Subtotal Labor Costs $ 30,900,00 $ 13 440.00 $ 73,986.00 $ 36 192.00 $ 7,728.00 $ 6.876.00 $ 32 640-00 $ 5.520-00 $ 2.700.00 $ 16,640.00 $ 10.340.00 Reimbursable Expenses $ 13,420.00 TOTAL PROJECT COST $ 243,284.00 Assumptions: 3 month design schedule, 2 month bidding schedule, 2 bid packages and bidding schedules, 4 month construction schedule. Not included: storm sewer, water or sanitary pipe relocation design, easementIROW acquisition, land appraisal fees, environmental work. Building a Better World for All of K Sustainable buildings, sound infrastructure, safe transportation systems, clean water, renewable energy and a balanced environment. Building a Better World for All of Us communicates a company -wide commitment to act in the best interests of our clients and the world around us. We're confident in our ability to balance these requirements. JOIN OUR SOCIAL COMMUNITIES € 000 Exhibit A-1 to Agreement for Professional Services Between City of Stillwater (Client) and Short Elliott Hendrickson Inc. (Consultant) Dated April 4, 2023 Payments to Consultant for Services and Expenses Using the Hourly Basis Option The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: A. Hourly Basis Option The Client and Consultant select the hourly basis for payment for services provided by Consultant. Consultant shall be compensated monthly. Monthly charges for services shall be based on Consultant's current billing rates for applicable employees plus charges for expenses and equipment. Consultant will provide an estimate of the costs for services in this Agreement. It is agreed that after 90% of the estimated compensation has been earned and if it appears that completion of the services cannot be accomplished within the remaining 10% of the estimated compensation, Consultant will notify the Client and confer with representatives of the Client to determine the basis for completing the work. Compensation to Consultant based on the rates is conditioned on completion of the work within the effective period of the rates. Should the time required to complete the work be extended beyond this period, the rates shall be appropriately adjusted. B. Expenses The following items involve expenditures made by Consultant employees or professional consultants on behalf of the Client. Their costs are not included in the hourly charges made for services and shall be paid for as described in this Agreement but instead are reimbursable expenses required in addition to hourly charges for services: 1. Transportation and travel expenses. 2. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets. 3. Lodging and meal expense connected with the Project. 4. Fees paid, in the name of the Client, for securing approval of authorities having jurisdiction over the Project. 5. Plots, Reports, plan and specification reproduction expenses. 6. Postage, handling and delivery. 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client. 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client. 9. All taxes levied on professional services and on reimbursable expenses. 10. Other special expenses required in connection with the Project. 11. The cost of special consultants or technical services as required. The cost of subconsultant services shall include actual expenditure plus 10% markup for the cost of administration and insurance. The Client shall pay Consultant monthly for expenses. Short Elliott Hendrickson Inc. Exhibit A-1 - 1 City of Stillwater (Rev. 02.06.14) C. Equipment Utilization The utilization of specialized equipment, including automation equipment, is recognized as benefiting the Client. The Client, therefore, agrees to pay the cost for the use of such specialized equipment on the project. Consultant invoices to the Client will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipment published by Consultant. The Client shall pay Consultant monthly for equipment utilization. \\aehinc.00m\panzure\pzprojec!s•n:'s'stlll\common\171879\exhibit a1 doex Short Elliott Hendrickson Inc. Exhibit A-1 - 2 City of Stillwater (Rev. 02.06.14) Exhibit B to Agreement for Professional Services Between City of Stillwater (Client) and Short Elliott Hendrickson Inc. (Consultant) Dated April 4, 2023 A Listing of the Duties, Responsibilities and Limitations of Authority of the Resident Project Representative Through more extensive on site observations of the construction work in progress and field checks of materials and equipment by the Resident Project Representative (RPR), Consultant shall endeavor to provide further protection for Client against defects and deficiencies in the work of contractor (Work); but, the furnishing of such services will not make Consultant responsible for or give Consultant control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for contractor's failure to perform the Work in accordance with the Contract Documents. Contract Documents are the documents that govern or are pertinent to contractor's Work including but not limited to the agreement between Client and contractor, the contractor's bid, the bonds, specs, drawings, field orders, addenda, clarifications, interpretations, approved shop drawings and reports collectively called the Contract Documents. The duties and responsibilities of the RPR are further defined as follows: A. General RPR is an agent of Consultant at the site, will act as directed by and under the supervision of Consultant, and will confer with Consultant regarding RPR's actions. RPR's dealings in matters pertaining to the on site work shall in general be with Consultant and contractor keeping the Client advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of contractor. RPR shall generally communicate with Client with the knowledge of and under the direction of Consultant. B. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of shop drawing submittals and schedule of values prepared by Contractor and consult with Consultant concerning acceptability. 2. Conferences and Meetings: Attend meetings with contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. Liaison: (a) Serve as Consultant's liaison with contractor, working principally through contractor's superintendent and assist in understanding the intent of the Contract Documents; and assist Consultant in serving as Client's liaison with contractor when contractor's operations affect Client's on -site operations. (b) Assist in obtaining from Client additional information, when required for proper execution of the Work. 4. Shop Drawings and Samples': (a) Record date of receipt of shop drawings and samples. (b) Receive samples furnished at the site by contractor, and notify Consultant of availability of samples. (c) Advise Consultant and contractor of the commencement of any Work requiring a shop drawing or sample if the submittal has not been approved by Consultant. 5. Review of Work, Observations and Tests: (a) Conduct on -site observations of the Work in progress to assist Consultant in determining if the Work is in general proceeding in accordance with the Contract Documents. (b) Report to Consultant whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Consultant of Short Elliott Hendrickson Inc. Exhibit B - 1 City of Stillwater (Rev. 07.22.19) Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. (c) Determine if tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to Consultant appropriate details relative to the test procedures and start-ups. (d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Consultant. 6. Interpretation of Contract Documents: Report to Consultant when clarification and interpretations of the Contract Documents are requested by contractor and transmit to contractor clarifications and interpretations as issued by Consultant. 7. Modifications: Consider and evaluate contractor's suggestions for modifications in drawings or specifications and report with RPR's recommendations to Consultant. Transmit to contractor decisions as issued by Consultant. 8. Records: (a) Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and samples, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the construction contract, Consultant's clarifications and interpretations of the Contract Documents, progress reports, and other related documents. (b) Keep a diary or log book, recording contractor hours on the job site, weather conditions, data relative to questions of change orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Consultant. (c) Record names, addresses and telephone numbers of all contractors, subcontractors and major suppliers of materials and equipment. 9. Reports: (a) Furnish Consultant periodic reports as required of progress of the Work and of contractor's compliance with the progress schedule and schedule of shop drawing and sample submittals. (b) Consult with Consultant in advance of scheduled major tests, inspections or start of important phases of the Work. (c) Draft proposed change orders and Work, obtaining backup material from contractor and recommend to Consultant change orders, and field orders. (d) Report immediately to Consultant and Client upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to Consultant, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Consultant for review and forwarding to Client prior to final payment for the Work. 12. Completion: (a) Before Consultant issues a certificate of substantial completion, submit to contractor a list of observed items requiring completion or correction. (b) Conduct final inspection in the company of Consultant, Client, and contractor and prepare a final list of items to be completed or corrected. (c) Observe that all items on final list have been completed or corrected and make recommendations to Consultant concerning acceptance. Short Elliott Hendrickson Inc. Exhibit B - 2 City of Stillwater (Rev. 07.22.19) C. Limitations of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Client. 2. Shall not exceed limitations of Consultant's authority as set forth in the Agreement for Professional Services. 3. Shall not undertake any of the responsibilities of contractor, subcontractors or contractor's superintendent. 4. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 5. Shall not accept shop drawing or sample submittals from anyone other than contractor. 6. Shall not authorize Client to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Consultant. x:\pt\s\still\common\171879\exhibit b docx Short Elliott Hendrickson Inc. Exhibit B - 3 City of Stillwater (Rev. 07.22.19) General Conditions of the Agreement for Professional Services SECTION I — SERVICES OF CONSULTANT A. General 1 Consultant agrees to perform professional services as set forth in the Agreement for Professional Services or Supplemental Letter Agreement ("Services"). Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Consultant The Consultant's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. B. Schedule 1. Unless specific periods of time or dates for providing services are specified, Consultant's obligation to render Services hereunder will be for a period which may reasonably be required for the completion of said Services. 2.If Client has requested changes in the scope, extent, or character of the Project or the Services to be provided by Consultant, the time of performance and compensation for the Services shall be adjusted equitably The Client agrees that Consultant is not responsible for damages arising directly or indirectly from delays beyond Consultant's control. If the delays resulting from such causes increase the cost or the tim a required by Consultant to perform the Services in accordance with professional skill and care, then Consultant shall be entitled to a equitable adjustment in schedule and compensation. C. Additional Services 1. If Consultant determines that any services it has been directed or requested to perform are beyond the scope as set forth in the Agreement or that, due to changed conditions or changes in the method or manner of administration of the Project, Consultant's effort required to perform its services under this Agreement exceeds the stated fee for the Services, then Consultant shall promptly notify the Client regarding the need for additional Services. Upon notification and in the absence of a written objection, Consultant shall be entitled to additional compensation for the additional Services and to an extension of time for completion of additional Services absent written objection by Client 2.Additional Services, including delivery of documents, CAD files, or information not expressly included as deliverables, shall be billed in accord with agreed upon rates, or if not addressed, then at Consultant's standard rates. D. Suspension and Termination 1. If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services are delayed by actions or inactions of others for more than 60 days through no fault of Consultant, then Consultant shall be entitled to either terminate its agreement upon seven days written notice or, at its option, accept an equitable adjustment of compensation provided for elsewhere in this Agreement to reflect costs incurred by Consultant. 2.This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 3.This Agreement may be terminated by either party upon thirty days' written notice without cause. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the Services hereunder and/or the termination of this Agreement. 4 In the event of termination, Consultant shall be compensated for Services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses SECTION II — CLIENT RESPONSIBILITIES A. General 1. The Client shall, in proper time and sequence and where appropriate to the Project, at no expense to Consultant, provide full information as to Client's requirements for the Services provided by Consultant and access to all public and private lands required for Consultant to perform its Services. General Conditions - 1 (Rev. 05.15.22) 2.The Consultant is not a municipal advisor and therefore Client shall provide its own legal, accounting, financial and insurance counseling, and other special services as may be required for the Project Client shall provide to Consultant ail data (and professional interpretations thereof) prepared by or services performed by others pertinent to Consultant's Services, such as previous reports; sub -surface explorations; laboratory tests and inspection of samples; environmental assessment and impact statements, surveys, property descriptions; zoning; deed; and other land use restrictions; as -built drawings; and electronic data base and maps. The costs associated with correcting, creating or recreating any data that is provided by the Client that contains inaccurate or unusable information shall be the responsibility of the Client. 3. Client shall provide prompt written notice to Consultant whenever the Client observes or otherwise becomes aware of any changes in the Project or any defect in Consultant's Services Client shall promptly examine all studies, reports, sketches, opinions of construction costs, specifications, drawings, proposals, change orders, supplemental agreements, and other documents presented by Consultant and render the necessary decisions and instructions so that Consultant may provide Services in a timely manner. 4. Client shall require all utilities with facilities within the Project site to locate and mark said utilities upon request, relocate and/or protect said utilities to accommodate work of the Project, submit a schedule of the necessary relocation/protection activities to the Client for review, and comply with agreed upon schedule Consultant shall not be liable for damages which arise out of Consultant's reasonable reliance on the information or services furnished by utilities to Client or others hired by Client. 5 Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client and shall not be liable for damages arising from reasonable reliance on such materials Consultant shall promptly notify the Client if Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. 6.Client agrees to reasonably cooperate, when requested, to assist Consultant with the investigation and addressing of any complaints made by Consultant's employees related to inappropriate or unwelcomed actions by Client or Client's employees or agents. This shall include, but not be limited to, providing access to Client's employees for Consultant's investigation, attendance at hearings, responding to inquiries and providing full access to Client files and information related to Consultant's employees, if any. Client agrees that Consultant retains the absolute right to remove any of its employees from Client's facilities if Consultant, in its sole discretion, determines such removal is advisable Consultant, likewise, agrees to reasonably cooperate with Client with respect to the foregoing in connection with any complaints made by Client's employees. 7 Client acknowledges that Consultant has expended significant effort and expense in training and developing Consultant's employees. Therefore, during the term of this Agreement and for a period oftwo years after the termination of this Agreement or the completion ofthe Services under this Agreement, whichever is longer, Client shall not directly or indirectly: (1) hire, solicit or encourage any employee of Consultant to leave the employ of Consultant; (2) hire, solicit or encourage any consultant or independent contractor to cease work with Consultant; or (3) circumvent Consultant by conducting business directly with its employees. The two-year period set forth in this section shall be extended commensurately with any amount of time during which Client has violated its terms. SECTION III — PAYMENTS A. Invoices 1 Undisputed portions of invoices are due and payable within 30 days Client must notify Consultant in writing of any disputed items within 15 days from receipt of invoice Amounts due Consultant will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) for invoices 30 days past due Consultant reserves the right to retain Services or deliverables until all invoices are paid in full Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding Services, deliverables, or Instruments of Service until all invoices are paid in full Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney's fees, incurred in connection with collecting amounts owed by Client 2. Should taxes, fees or costs be imposed, they shall be in addition to Consultant's agreed upon compensation. 3 Notwithstanding anything to the contrary herein, Consultant may pursue collection of past due invoices without the necessity of any mediation proceedings. SECTION IV —GENERAL CONSIDERATIONS A. Standards of Performance 1.The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its Services 2 Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with its construction contract or the construction documents prepared by Consultant. Client acknowledges Consultant will not direct, supervise or control the work of construction contractors or their subcontractors at the site or otherwise. Consultant shall have no authority over or responsibility for the contractor's acts or omissions, nor for its means, methods, or procedures of construction. Consultant's Services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety or furnishing or performing any or the Contractor's work. 3.Consultant's Opinions of Probable Construction Cost are provided if agreed upon in writing and made on the basis of Consultant's experience and qualifications. Consultant has no control over the cost of labor, materials, equipment or service furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant cannot and does not guarantee that proposals, bids or actual construction cost will not vary from Opinions of Probable Construction Cost prepared by Consultant If Client wishes greater assurance as to construction costs, Client shall employ an independent cost estimator. B. Indemnity for Environmental Issues 1.Consultant is not a user, generator, handler, operator, arranger, storer, transporter, or disposer of hazardous or toxic substances Therefore the Client agrees to hold harmless, indemnify, and defend Consultant and Consultant's officers, directors, subconsultant(s), employees and agents from and against any and all claims; losses; damages; liability; and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind at the site. C. Limitations on Liability 1. The Client hereby agrees that to the fullest extent permitted by law, Consultant's total liability to the Client for all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Project or this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed five hundred thousand dollars ($500,000). In the event Client desires limits of liability in excess of those provided in this paragraph, Client shall advise Consultant in writing and agree that Consultant's fee shall increase by 1 %for each additional five hundred thousand dollars of liability limits, up to a maximum limit of liability of five million dollars ($5,000,000). 2.Neither Party shall be liable to the other for consequential damages, including without limitation lost rentals; increased rental expenses; loss of use; loss of income; lost profit, financing, business, or reputation; and loss of management or employee productivity, incurred by one another or their subsidiaries or successors, regardless of whether such damages are foreseeable and are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them Consultant expressly disclaims any duty to defend Client for any alleged actions or damages. 3.It is intended by the parties to this Agreement that Consultant's Services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. The Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or General Conditions - 2 (Rev. 05 15 22) asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors, and Client knowingly waives all such claims against Consultant individual employees, officers or directors 4. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued, and the applicable statutes of limitations shall commence to run, not later than either the date of Substantial Completion for acts or failures to act occurring prior to substantial completion or the date of issuance of the final invoice for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Services are substantially completed D. Assignment 1. Neither party to this Agreement shall transfer, sublet or assign any rights under, or interests in, this Agreement or claims based on this Agreement without the prior written consent of the other party. Any assignment in violation of this subsection shall be null and void. E. Dispute Resolution 1.Any dispute between Client and Consultant arising out of or relating to this Agreement or the Services (except for unpaid invoices which are governed by Section III) shall be submitted to mediation as a precondition to litigation unless the parties mutually agree otherwise Mediation shall occur within 60 days of a written demand for mediation unless Consultant and Client mutually agree otherwise 2.Any dispute not settled through mediation shall be settled through litigation in the state and county where the Project at issue is located. SECTION V — INTELLECTUAL PROPERTY A. Proprietary Information 1.AII documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Service ("Instruments of Service"). Consultant retains all ownership interests in Instruments of Service, including all available copyrights. 2. Notwithstanding anything to the contrary, Consultant shall retain all of its rights in its proprietary information including without limitation its methodologies and methods of analysis, ideas, concepts, expressions, inventions, know how, methods, techniques, skills, knowledge, and experience possessed by Consultant prior to, or acquired by Consultant during, the performance of this Agreement and the same shall not be deemed to be work product or work for hire and Consultant shall not be restricted in any way with respect thereto. Consultant shall retain full rights to electronic data and the drawings, specifications, including those in electronic form, prepared by Consultant and its subconsultants and the right to reuse component information contained in them in the normal course of Consultant's professional activities. B. Client Use of Instruments of Service 1 Provided that Consultant has been paid in full for its Services, Client shall have the right in the form of a nonexclusive license to use Instruments of Service delivered to Client exclusively for purposes of constructing, using, maintaining, altering and adding to the Project. Consultant shall be deemed to be the author of such Instruments of Service, electronic data or documents, and shall be given appropriate credit in any public display of such Instruments of Service 2. Records requests or requests for additional copies of Instruments of Services outside of the scope of Services, including subpoenas directed from or on behalf of Client are available to Client subject to Consultant's current rate schedule. Consultant shall not be required to provide CAD files or documents unless specifically agreed to in writing as part of this Agreement. C. Reuse of Documents 1.AII Instruments of Service prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other Project. Any reuse of the Instruments of Service without written consent or adaptation by Consultant for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to Consultant; and the Client shall release Consultant from all claims arising from such use. Client shall also defend, indemnify, and hold harmless Consultant from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from reuse of Consultant documents without written consent Whing• * ton FYI as County BOARD AGENDA March 28, 2023 - 9:00 AM 1. 8:00 Board Workshop with Administration 2 Ki CI A. Discuss Legislative Initiatives 9:00 Roll Call Pledge of Allegiance 9:00 Comments from the Public Board of Commissioners Fran Mixon, 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. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the March 7, 2023, and March 14, 2023, County Board meeting minutes. B. Approval to appoint Natalie Seim, Cottage Grove, to a partial term expiring December 31, 2025, as a District 4 Representative on the Library Advisory Board. C. Approval to appoint Douglas Loberg to a partial term expiring December 31, 2023, as a Business Representative on the Workforce Development Board. D. Approval to appoint Jesse Shima to a partial term expiring December 31, 2024, as a Consumer Representative on the Mental Health Advisory Committee (Local Advisory Committee). E. Approval to appoint Kelly Wilson, to a partial term expiring December 31, 2024, as an Educational Representative on the Community Corrections Advisory Board. F. Adopt a resolution to approve the Software License Agreement Renewal for Law Enforcement Network System (LENS). G. Approve Amendment No. 1 of Contract No. 13982 with Washington County Community Development Agency for the amount of $310,272 and to extend the contract through December 31, 2024. H. Approval to submit a grant application to the Department of Human Services in the amount of $3,000,000 for the Emergency Solutions Grant program to fund emergency housing operations and services. 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 N87hoshington ti County Consent Calendar continued I. Approve Contract No. 15268 with T-Mobile in the amount of $142,800 for service for 200 hotspots for Washington County Library to check out to patrons through October 25, 2024. J. Approve Grant Agreement No. 15410 with the Minnesota Department of Health to support and assist efforts to recruit, retain and train diverse public health workforce and to support Public Health infrastructure needs for the grant award of $642,621 through November 30, 2027. K. Approval of Cooperative Agreements between Washington County and the Cities of Oakdale and Woodbury for METRO Gold Line Bus Rapid Transit Project Improvements. L. Adopt a resolution to place Bridge 82501 on the Minnesota Department of Transportation prioritized bridge replacement list, to allow the ability to use State Bridge Funds to replace the bridge. M. Approve Agreement No. 15399 with the Minnesota Department of Human Services, for the establishment and operation of a fixed -site Radiological Emergency Reception Center. N. Approve Joint Powers Agreement No. 15323 that allows the Washington County Sheriffs Office to provide fuel to the City of Bayport for law enforcement services. O. Approve Grant Agreement No. 15398 between the Office of National Drug Control Policy and Washington County, in the amount of $146,100 for the period of performance from January 1, 2023, through December 31, 2024. 5. 9:10 Metropolitan Mosquito Control District (MMCD) - Alex Carlson, MMCD Public Affairs Manager A. Presentation by Metropolitan Mosquito Control District of its 2023 program plan and budget. 6. 9:30 Accounting and Finance - Nicki Castro, Procurement Manager A. Recognition of the Governor's Proclamation declaring March as Procurement Month and Procurement Awards. B. Approval of new Procurement Policy, revisions to Grant Policy #2902, and elimination of Contract Policy #1201, Purchasing Policy #2904, Purchasing Card Policy #2503, and Purchase Order Policy #1801. 10:00 Public Health and Environment - Jill Timm, Deputy Director A. Adopt a resolution to amend the Opioid Settlement Memorandum of Agreement. 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. 10:20 Public Works - Andrew Giesen, Engineer III A. Approve Contract No. 15404 in the amount of $261,607 with HR Green for the 22nd Street Improvement Project in West Lakeland Township. 9. 10:35 General Administration - Kevin Corbid, County Administrator (item A) - Jan Lucke, Deputy County Administrator (item B) - June Mathiowetz, Senior Planner (item C) A. Adopt a resolution recognizing April 2023 as National County Government Month. B. Legislative Update C. 1. Consideration of a letter of support for the City of Woodbury's La Lake Park trail proposal to the Minnesota Department of Natural Resources (DNR)'s Federal Recreational Trail Program. 2. Consideration of a letter of support for a County Land and Water Legacy Program contribution as match for the City of Woodbury's DNR grant proposal to acquire a second parcel on La Lake. 10. 11:20 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull 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 ofdiscussion will be scheduledfor a future board meeting. 11. 11:35 Board Correspondence 12. 11:35 Adjourn 13. 11:40 Board Workshop with Administration A. Review the projects included in the 2023-2027 Capital Equipment and Technology Plan (CETP). 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 water Stillwater Human d�l Ri ghts Commission The Birthplace of Minnesota Harmony • Dignity • Respect Do You Know Someone Striving for an Environment that Promotes Fair and Equal Treatment For Everyone? The City of Stillwater Human Rights Commission has an award to recognize such a person. The City of Stillwater Human Rights Commission is accepting nominations for the Stillwater Human Rights Award. Throughout the community, people work to build an environment that promotes fair and equal treatment for everyone. The intent of the Stillwater Human Rights Award is to recognize worthy individuals, organizations and businesses and support their efforts. Eligibility: 1. The nominee must be an individual, business, or organization who resides, works, or volunteers in the City of Stillwater, and whose actions promote respect for all people. 2. The nominee's activities proposed for recognition should be related to enjoyment and protection of human rights without regard to race, color, creed, religion, national origin, gender, marital status, disability, sexual orientation, age, or economic status. 3. The nominee's activities must either be voluntary or be above and beyond the usual job responsibilities of an employee, or the usual customer relations practices of a business/organization. Visit the City of Stillwater website at www.ci.stillwater.mn.us or call city hall at 651-430-8800 to get a nomination form. Nominations are due by 4:30 pm, May 31