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2023-06-06 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651-430-8800 www. stillwatermn.gov REVISED AGENDA CITY COUNCIL MEETING June 6, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Sundance Stillwater Concept Plan 2. Speed Limit and Policy Plan 3. Riverfront Parks Funding Allocation 4. 2024 Bonding Bill Discussion IV. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator 13. 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 14. Proclamation – Nelson’s Ice Cream Day celebrating their Centennial Anniversary 15. Proclamation – Stillwater Area High School Synchronized Swimming Team 16. Proclamation – Juneteenth 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. May 16, 2023 Regular Meeting Minutes 18. Payment of Bills 19. Church of St. Michael Solarus. Event and Temporary Liquor License - Resolution 20. City Charter Amendment to Elective Officers, Elections, Meeting Records, and Holding Other Offices – Ordinance 2nd Reading - Resolution 21. City Code Amendment regarding Accessory Uses and Structures in residential districts – Ordinance 2nd Reading 22. CSAH 96 Designation – Resolution Page 2 of 2 City Council Meeting Agenda June 6, 2023 23. Downtown Stillwater Holiday Lights Agreements 24. East Metro Public Safety Training Facility 25. Gambling Off-Site Permit for Bayport American Legion Post 491 – Resolution 26. Hydrant Painting Contract Agreement 27. Juneteenth Paid Holiday – Resolution 28. Lumberjack Days Event Contract and Temporary Liquor License 29. Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement 30. On-Sale Intoxicating with Sunday Sale Liquor License for Lora Event Center – Resolution 31. Parking Prohibition around Bergmann Park 32. Performance Measurement System Program 33. Pioneer Park Habitat Restoration Project – 2 Agreements 34. Recording Secretary Wage Rate – Resolution 35. Short Term Home Rental Licenses 36. Teddy Bear Park Play Surface Replacement Project 37. Water Fill Station meter and backflow Project – Contract award XII. PUBLIC HEARINGS – None XIII. UNFINISHED BUSINESS 38. Downtown Parking Pay Zone Implementation XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS 39. Partners in Energy Update XVI. ADJOURNMENT L-fl Water The Birthplace of Minnesota WORKSHOP MEETING I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING June 6, 2023 1. Sundance Stillwater Concept Plan 2. Speed Limit and Policy Plan 3. Riverfront Parks Funding Allocation 4. 2024 Bonding Bill Discussion IV. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator 13. Library Director V. RECESS REGULAR MEETING VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 14. Proclamation — Nelson's Ice Cream Day celebrating their Centennial Anniversary 15. Proclamation — Juneteenth 4:30 P.M. 7:00 P.M. 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. 16. May 16, 2023 Regular Meeting Minutes 17. Payment of Bills 18. Church of St. Michael Solarus Event and Temporary Liquor License - Resolution 19. City Charter Amendment to Elective Officers, Elections, Meeting Records, and Holding Other Offices — Ordinance 2nd Reading - Resolution 20. City Code Amendment regarding Accessory Uses and Structures in residential districts — Ordinance 2nd Reading 21. CSAH 96 Designation — Resolution 22. Downtown Stillwater Holiday Lights Agreements 23. East Metro Public Safety Training Facility 24. Gambling Off -Site Permit for Bayport American Legion Post 491 — Resolution 25. Hydrant Painting Contract Agreement 26. Juneteenth Paid Holiday — Resolution 27. Lumberjack Days Event Contract and Temporary Liquor License (Tentative - Available Tuesday) 28. Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement 29. On -Sale Intoxicating with Sunday Sale Liquor License for Lora Event Center— Resolution 30. Parking Prohibition around Bergmann Park 31. Performance Measurement System Program 32. Pioneer Park Habitat Restoration Project — 2 Agreements 33. Recording Secretary Wage Rate — Resolution 34. Short Term Home Rental Licenses 35. Teddy Bear Park Play Surface Replacement Project 36. Water Fill Station meter and backflow Project — Contract award XII. PUBLIC HEARINGS — None XIII. UNFINISHED BUSINESS 37. Downtown Parking Pay Zone Implementation XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS 38. Partners in Energy Update XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 6, 2023 1 Water _1 THE BIRTHPLACE OF MINNES 0 TA DATE: June 6, 2023 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: CD 2023-04 —Zoning Map Amendment: Sundance Stillwater (12100 Block of 80th St N at Intersection with Manning Avenue) BACKGROUND Earlier in 2023, the City was approached by Timberland Partners related to a potential development of a rental townhome development at the southeast intersection of Manning Avenue and 80th St N (also connects to Boutwell Road N). Although the Comprehensive Plan guides the future land use as Medium Density Residential, a Zoning Amendment to change the Zoning District is still required (uncompleted step of the 2040 Comprehensive Plan Update). As a Zoning Amendment, the City Council has a high degree of discretion; in other words, the City Council is not obligated to approve the Zoning Amendment. The City Council reviewed the original concept on March 7, 2023. The City Council feedback was, as the original concept did not conform to all of the requirements of any of the available medium density residential district, that it was not supportive of that original concept. Council noted that it might be open to a revised concept that did not require the issuance of a Variance and was supported by a traffic impact study. Recently, the Applicant submitted a revised concept that purports to not need any Variances. The Applicant also submitted an alternate concept that seeks relief to setbacks between buildings in order to extend the length of private driveways. Staff is seeking direction from the City Council on the following. • Given the level of discretion through the Zoning Amendment, is the City Council open to this project (revised concept), at least at this time? Comprehensive Plan (future vision The 2040 Comprehensive Plan guided these parcels as Medium Density Residential. This designation provides for a density of 6 to 14.5 units per acre. Typical uses include townhomes and small-scale apartment buildings. This designation is also used in areas of western Stillwater along Manning Avenue and for sites adjacent to existing medium density housing to provide sites for new townhomes (or housing types of similar styles and densities) as well as areas for affordable housing. From a high-level perspective, this proposed development helps advance these goals of this land use designation. Projec Site Medium Density Residential Example tit MCKUSICK RDN 4 Yak r:Lt1% 2 The City is still in the process of implementing the Comprehensive Plan. A key piece of implementation is to update the City's Official Zoning Map (regulatory context) to be consistent with the 2040 Comprehensive Plan. That step has not yet occurred for this site, but has been in the plans for Community Development Staff. While the Comprehensive Plan guides the City to rezone this property to a medium density residential district, it doesn't mean that the City has to choose this particular medium density district nor approve at this exact moment in response to a development proposal. Zoning (regulatory framework) Since the request will include a Zoning Amendment, the City has broad discretion on how to handle this request. While the Comprehensive Plan clearly guides this area in anticipation of �, ''"'b this style of development, the City could decline the Zoning cTHR'4 Amendment to take more time to analyze the appropriate zoning ; district or direct Staff to amend the Comprehensive Plan to guide this site something different. Unlike a routine land use r application that checks a proposal against the plain language of the Zoning Code, requiring that the City approve any project that Project meets all minimum requirements of the Zoning Code, the City is te not obligated to move this request forward. Staff would not advise this approach, but is outlining the option for the Planning t Commission. Project Review Comprehensive Plan Considerations The Comprehensive Plan allows a density range between 6 to 14.5 units/acre. The proposed project is 10.82 units/acre. Zonina Considerations The Applicant has developed a revised concept based on the CTHR: Cove Townhouse Residential District. This is the same district used directly adjacent to this site on the north side of 80th Street N. For purposes of this review, it is helpful to see this project through the lens of a small- scale apartment (contemplated in the 2040 Comprehensive Plan) rather than a traditional townhome development (one lot per building). There will be one owner for the entire project, with rental units. In other local examples with this Developer (i.e. Sundance Woodbury), there is only one parcel/lot for the entire site, not one parcel per building. The reason there are multiple lots proposed for Sundance Stillwater is that the City of Stillwater requires Public Roads and does not permit Private Roads in this setting. The Planning Commission could discuss the mechanics of that and potential flexibility at future steps in the process. The following dimensional requirements apply to this project when using the CTHR District. Lot Area per Unit 3,000 square feet Setbacks Boutwell Avenue 70 feet Manning Avenue 100 feet Other Public Streets 30 feet Building Separation 40 feet Height Maximum Height 2.5 stories, not to exceed 35 feet The Applicant has provided two (2) concepts for consideration. Exhibit A to this report includes a concept that appears to not require the issuance of any Variances. Exhibit B is the Applicant's preferred layout, but does require a Variance to the Front Yard Setback to the internal roadways. Additionally, City Code requires a 70 foot setback from the ROW Line to Boutwell Road, but only in the CTHR (Cove Townhouse Residential District). However, the road adjacent to this project site is actually 80th Street (official designation) even though it appears to be the same road as Boutwell. It is assumed that the intent of this regulation was to extend to this site (if applying the CTHR District). Staff is seeking direction on this standard. Another strategy to consider is the use of a Planned Unit Development (PUD). This process allows the City to approve flexibility in design standards in exchange for some equal public benefit (above and beyond minimum Zoning Code Requirements) in return. TRAFFIC IMPACT STUDY At the direction of the City Council, the Applicant prepared a Traffic Impact Study. The results (attached) provide a detailed description of findings. Below is a summary -level list of interest. • All intersections and approaches will continue to operate at levels of service acceptable to traffic engineering standards • The 80th Street approach to Manning Avenue already operates at a Level of Service `D' — although experiencing delays, are found to be acceptable to traffic engineering standards o This approach is forecasted continue to operate at a Level of Service D with the proposed project • The Level of Service for Manning Avenue at 80th Street is forecasted to decline to a Level of Service B, which is still a high -functioning intersection o The result of the project would be an average 10 second delay to Manning Avenue at 80th Street RECOMMENDATION Staff is seeking direction on how to proceed with the current concept -level request. Staff did share with the Applicant that it is assumed that the City Council will not support a project that requires the issuance of a Variance. ALTERNATIVES A. Direct the Developer to continue to pursue the Application as presented. B. Indicate to the Developer that the City Council is likely inclined to not support the Zoning Amendment, at least at this time. EXHIBIT A - CONCEPT - NO VARIANCE REQUIRED \ ---- - - - - �_ - �- �� �. - - - - - - - - / / I so - I ABRR�ROMSI L ou ou ou oU �0 EMERGENCY ACCESS (LIMITED ACCESS) ou ou nu nli \ - - - / _ l MAIN ENTRANCE-,' ,' r \ J _CENTERLINE OF BOUTWELL RD IN n ° ou - - - - _ RIM=911� Od�M - oU 8 I,-\ \ H-WY'� - No 9�i a �6U 80THL REET NO ` WM BIT ROADWAY N8s 2200+! a^� �n NM-907.4� OTH STREET N �� `� - 30 FRONT SETBACK ORT i 80TH STREET N. iW DEDICATION\ \ \ - I 67299) cD T` \ G O 12 WM g �M 91 .94 0 O V _ 9 .99 1 \ c� W _ ou `- G OU I5' SiM-- �/���J1 BE MARu per- / C�/ I I I II / I 80TH 0 F ° G G �- G J� o� -T `YID -� - -- 4_ / / / / \ I \ 1-OTT D ]PAVE ED /- - � \ I 80TH STREET NORTH AS v v v ` 1, RIM-M8J \ O 1--6MD OUT-6A RAVE 2� 2� 20 o INV N=902 I PROP. LINE, CN -1 r O 7-- /� / (FILE '29 I / INV W=902.49 x�\ FENCE Pot` / (FILE NO. 67300� \ I I 8 \ INV E=902.29 I ---r- \ N ILL!/" to \ \ /01100 o % / \ FT s of T-POST \. - T- aN I w / - PROP. E- \ 5' SIDE SETBACK BUILDING 8 ( o BUILDING 9 oa I,'; F F�� 11 UNITS 12 UNITS o 681UNITS LDING 1 \ 0 ( I 1 \ -- ORY ousE EM \ \ L0 = / r `i I I RET WING FT y I \a z F-\ �\- 1 I Oj W LLS O - / R \ W 3 0 - �, ti 7.3 30.5 \ � N� J L, 1 ` \ �0 �' I O cn / � 4� / _ i �F ziF o I L W W \ 00 J H \ Ll I OU i / \ \ \ / \- \ \-FECSCE .INK I i- '�' �o �w9 / \ O� x i9O� 0��6 O \`\� - / Ii -1 I \• °� O o s� OR ( o56 L - w.-3-FENCE \\OJ -S \ EVR WING OOO OU ALL x °IWI TNESS m moo _MON. ?F; 0 D O -CO 0FRONT SETBACK 9�� \ - \ 5' CHAIN p (0 _ _ _ , x \ LINK FENCE 00 / 9�A / i I Io I. N \ -N LINE OF THE a / / r \ BUILDING 2IN 11�- \ 12 UNITS s W / J x \ LL Y -912 BUILDING 7 ov wR E E T // w x I I I /\ ADU/OUTBUILDING 1 J I I_ II I 12 UNITS / I W Z \/ N= Q\\ ' APPRX. FROM AEF' \ V wx / \ a0o \ / x CLUBHOUSEJ 00 / \ 3 BUILDING 10 972- I I II I BUILDING 11 wx a / - > 14 UNITS \ M -o GRASS o / I 100' SIDE } 8 UNITS 3 x �, I \ jBACK' 1I \\ \7N)H =910i3 I I I I I IO SET N 2z4 • coo, 6 \I I _ W z I P R / I I 2121 80 i -x \ 122 180 H \ J/ 26-3 �E - - M � / I x / / J w \ - - \ I x I _' 4 w T W � M �- � \ �_ x x x x � I --_--WEDDING TENT O \ I \ x WOVEN WIRE FENCE x x x / \ \ I APPRX. FROM A� L 9 - I co 7 -GAZEBO / 10 --- w T II II } X x 0 \ / 7 x I / APPRX. FROM AERIAL 1 III J I• X X-- _ f \ \ BUILDING 3 RLs 9232 I= _ �' I I a 90�//DOG PARK 0 0 8 UNITS i Z1 0 I -� --- \\ \ -� �- n \ I \ I I \I I BUILDING 6��- _ } W \ � _- I -II � \ � � � uNK r IGH MAINT. - �\ I WI h 11 \ =I / I coCfl w 906� 8 UNITS I I I \ \ x x / < W, / / / z -T- U I x\ Q \) g0� 0 / �I I I \ I I BUILDING 12 \ w LO / I x I 12 UNITS \ I - \ _ _ W6 log \ �/ / / ooy, CD p . \< (1 / I / 4 0 0 //�; F,STORMWATER Q / rn�� 1305801NSF � , ,/ BUILDING 14 � / -� / O� - x / 12 UNITS ) / / - / // _ CD oLd �.. O \ 9061 /r1 GOIZ } I \ /- �/ I / / /0 /' \ �i 0 z / I / / / Li Qz\ I 1 T H=8 4.2 O2\\ \ r (W \, \ > \ _ I I = I " BUILDING 5 `� Lw 50' WETLAND SETBACK \ 12 UNITS x ` - - - / / �o / // / / / // / - - - \ I I BUILDING 13 i J I I III I 9 I I 8 UNITS �IRE FENCE ' I W J25' WETLAND BUFFER \ \ I x Ix Q II II - \ '� I / / / / �/ l WET LAND / z zLd = 50WETLAND SETBACK + EDGE 0 1i / / / / o / Qo-DELINEAT \ II , -''OR 8.1 FEFT N / EDGE,OF GRAVEL D \ \ \ 30 FRONT SETBACK PROP. / 1.0 FT N OF PRO/ / / / 0'25' WETLAND BUFFER LINz E + \ (n I III O �\ FNb IRON \ / / - L 5 / \ I l I w \ 309.74( 9. F b / LINE PARALL� H THE \ - I j _ _ - FO N _: T� o i u 79 \ 1 I NO TH LINE OF THEN \ F c - - - ou TH 3 , %--P013- P/ ` \S89'59'53" rC / 413 P/CEL 3 / \ + ADDR SS: 7865 MANNI - 1 �/ / / l I / VA I POSSIBLE WETLAND ` \ L I / / / / � \ I BASED ON FINDING OF \\ I / / / NORTH PARCEL \ \\\� STORMWATER PONDING - I �- /- /7 21,007 SF \ / / / / / / (f6%) / \ 2 S ED/G EST HOUSE 00 / I + / I _ / 9 BUILDING 4 AF RRX. ROM AERIAL / / / / + + I + + / \ \ / 1 9 / 12 UNITS 00 -HGI / n / I \ \ \ / / / 50' WETLAND SETBACK DRIP /20 20 FR ERIAL \ \ \ \ // / C,ti 25' WETLAND BUFFER / I \ I MANNING AVE. DEDICATION I I \ \ + 89Q, \ \ \ \ / / / / + + + + + + + + + + + +CITY SURFACE \\\ I \\ \\ \\ ! + + + + + + WTA RNDA DEENVRONMENTAL OVERLAY DIST. MAP 094 -�\ _ ` A � / -89 - �\ 5' REAR SETBACK 5 /�' \IIII / CPO 90" 900, \ I \ \ 904 90 SITE DATA: EXISTING ZONING = AGRICULTURAL PRESERVATION (AP) PROPOSED ZONING = COVE TOWNHOUSE RESIDENTIAL (CTHR) K•lra:4021I GROSS AREA = 24.28 AC 80TH STREET NORTH DEDICATION = .72 AC MANNING AVE. DEDICATION = 1.12 AC WETLAND* = 5.24 AC NET DEVELOPABLE = 17.20 AC *INCLUDES 25' WETLAND BUFFER UNIT COUNT: TOTAL UNITS = 149 UNITS NET DENSITY** = 8.66 UNITS/ACRE **EXCLUDES MANNING AVENUE, 80TH ST. N. DEDICATION AND WETLANDS PRIMARY STRUCTURE SETBACK: MANNING AVE. N./CSAH 15 = 100' FRONT YARD: = 30' SIDE YARD: = 5' REAR YARD: = 5' MINIMUM SEPARATION BETWEEN UNITS: = 40' ROAD DIMENSIONS PUBLIC ROAD WIDTH: = 26' (5 0' R.0.W) MINIMUM DRIVEWAY DEPTH: = 20' ZONING DATA: Building Number Area SF Gross SF Building SF Units Area per Unit FAR Lot Coverage 1 28,101 16,268 8,276 8 3,513 0.58 29.5% 2 36,735 16,564 8,468 12 3,061 0.45 23.1% 3 29,043 16,268 8,276 8 3,630 0.56 28.5% 4 42,761 16,564 8,468 12 3,563 0.39 19.8% 5 39,081 16,564 8,468 12 3,257 0.42 21.7% 6 39,195 16,268 8,276 8 4,899 0.42 21.1% 7 54,435 16,564 8,468 12 4,536 0.30 15.6% 8 40,524 18,062 9,218 11 3,684 0.45 22.7% 9 36,556 16,564 8,468 12 3,046 0.45 23.2% 10 53,481 16,520 8,384, 14 3,820 0.31 15.7% 11 24,082 16,268 8,276 8 3,010 0.68 34.4% 12 36,240 16,564 8,468 12 3,020 0.46 23.4% 13 35,022 16,268 8,276 8 4,378 0.46 23.6% 14T 42,0721 16,5641 8,4681 12 3,506 0.39 20.1% Average 38,381 8,447 3,637 0.45 23.0% Min 24,082 8,276 3,010 0.30 15.6% Max 54,435 9,218 4,899 0.68 34.4% N 0 30 60 120 SCALE IN FEET 11 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com CC W H a J J J ~ O Z W W w z O 0 a Q Q F-- = J Q a Z W ~ Cn V) V) U) I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed PROFESSIONAL ENGINEER n er Is the law �he State 0 ` Mk I�i&�A `v �� GINS QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE 4/10/2023 PROGRESS SKETCH PLAN 5/15/2023 PROGRESS SKETCH PLAN PROJECT TEAM DATA DESIGNED: MK DRAWN: JG PROJECT NO: 222-0208 SK-2 EXHIBIT B - CONCEPT - FRONT YARD SETBACK VARIANCE REQUIRED \I \ SITE DATA: l EXISTING ZONING = AGRICULTURAL PRESERVATION (AP) _ , �� I I - --L_1ABIR�ROMBE L I ou ou ' ou ou oU �� ` r EMER EDN Y ACCESS " 1' ; ; \ - / / _ so I r �-T su ou ( \ PROPOSED ZONING = COVE TOWNHOUSE RESIDENTIAL (CTHR) MAIN E_NTRANC_E- \ J CENTERLINE OF BOUTWELL RD N n n' o ou = -4 a A ova cg 4wvY-+2- - - �2 o 9 oC� _ RIM=911� oUo�r - ou_�u 8 l _ LOT AREAS: \ o i " O;i; INV=907.4�\ T NO -� �- 9 Is" W BIT ROADWAY N88 2200 1,/ FRONT S \\ OTH STREET % 90TH S T N. R.O.W DEDICATION \ -� GROSS AREA = 24.28 AC 30 FRONT SETBACK N ORT i RA. I \ G o� i s7zzs)WM 80TH STREET NORTH DEDICATION = .72 AC o g o �� 9Ig Ogg o I 9 MANNING AVE. DEDICATION = 1.12 AC \ / - - 2„ sT 0 w _ _ s6�M WETLAND* = 5.24 AC - s o OU O OU /� BENCHMARv 1�2�- �� I ,I I 80TH S REE G _ G �- G 1 _ ---- _ , y [` _NORTH s L NET DEVELOPABLE = 17.20 AC 0) -1 914 _� I 80TH STREET NORTH AS v , OUT AN TR . 1 / RIM ,�-0 tin TRd /� % (FILE N 67 98) JJJ \ / INV W 902.49 \\ FENCE P01` 1 \ O I\ I (FILE NO. 67300) 8 \ it I a �, INV N 903.64 I - \ PROP. LINE, G.2 I O INV E=902.29 I -� \ N \ - II - -T Pos i \ FT s of T-POST \\ II I *INCLUDES 25' WETLAND BUFFER w /:; I 10 i �o / PROP. -� 'r'c I,.. \o�� �V w 11 o / 20' SIDE SETBACK 1 I UNIT COUNT: ( I 61IB BUILDING 0 IG - \ I � ' TOTAL UNITS 153 UNITS 8UNTS11UNITS O n v w.=� I i I 9�2 \ \ \ o / / / / NET DENSITY** = 8.90 UNITS ACRE l ' H \ \ I [l+ I �` RETAI G \ pj ,1 I WALLS O-S70R \ N o \ X �� 3 1 25 S z ( rJ \\ 1 � o W ; I DACE LIN DE / X w o �o \ \ \ **EXCLUDES MANNING AVENUE, 80TH ST. N. DEDICATION AND WETLANDS �-�� CP ou A \ �_ v r?I I o I o r O 6 :NOU56 TAINING - - Q - - i�i \\ COLL G �� � .. „�i X M`� OCQ / O U 2 `( ' . WALL r __. _ \ \ \ oR a<20 FRONT SETBACK - 0 _ PRIMARY STRUCTURE SETBACK: \ I_wirNEss I Sa a 5 CHAIN I \ MANNING AVE. N./CSAH 15 = 100' / \ \ MON. -S LI_ / o .J I ' EA R BED_ N �6 O • / SWI/4 SEC. v 1 \\ LINK FENCE I \ I 1 Ih ) 80TH STREET N. = 30' 10 • FRONT YARD INTERNAL: = 20 BUILDING 7 s D \ } 12 UNITS I P a \ �•x /- \ I "/ w SIDE YARD: = 20' I x Y -912 W v N "R FENCE / s I / \ as ADU/OUTBUILDING REAR YARD: = 20' I I II x / BUILDING 2 l / < ' APPRX. FROM AEE' `i I I I I I 8UNITS N \ \ I MINIMUM SEPARATION BETWEEN UNITS: = 40' \ ~ w BUILDING 11 BUILDING 10 a 00 o \ _r m I \ 8 UNITS 14 UNITS I L Z_ I f E 972- I I II 1 / I 1 8-Q \ ROAD DIMENSIONS 1 M EC �. OCn 1 \ / / I� I 100' SIDE Y _ n ., - TNH=slzo3 SETBACK z r\nu � I � � � � � - PUBLIC ROAD WIDTH: = 26' (5 0' R.0.W) \ IL \ I I II a a l 12055 80T ST N I I � / / -H 9- Q p Z `1I I� _� I \ zlzi soT g, L - P R L - I a � � \ , - MINIMUM DRIVEWAY DEPTH: = 25' a MAINT. X X I2 18o H S -- 00 CM / E C5 w l _ C7 - \ I \ / X / EDGE of / \ � -WEDDING TENT 4 w T M r �_ X�Y I VEGETA TI --- a/ I Cl � co \ x \ WOVEN WIRE FENCE / \ 1_ x X / \ N / APPRX. FROM AE \ / -GAZEBO co\ \ " 0 APPRX. FROM AERIAL � - f� wI II l Q } h \ X /I / X • \ \ (, /I t 'PSST ISLLV CC \90 / I \ \ \ DOG PARK I �• © w of-- 923� zl I I I �\ I \ \\ X - ZONING DATA: W \ I 11 BUILDING 6 STORMWATER I \ \ X _ - 3: =T_ I _ II I - 8 UNITS \ I � z � U KF EED GR PONDING \ \ z l l \ /\ w I wi i� 906 \ / BUILDING 12 \ \ \ "fix-x-x 1 = J ~ 9,802 (t3%) F co / / /z \ \ Q BUILDING 15 i / 8 UNITS \ \ a 0= I / 0 \ 1900 0- LL 12 UNITS / / N / W / �� o0/ICI x \� I I I \\ \\ I Lj Zz J w W >i °N° I l 1 \ \ I \ I OUTLOT �� / io o�� 1J ���/ /pz / alN X z _ - /dao I � 90 6 i z \ U7 CCam�]]\\ / W `\ w i Y / v) r l I I - k\ BUILDING 5 X _ I I \ 12 UNITS I BUILDING 13 BUILDING 14 / / / / / // // z 12 UNITS / `/ , / / CD w _ I x 8 UNITS 11 / 50' WETLAND SETBACK I / �° / / / / / o \ / / II o, 1 ( 25' WETLAND BUFFER \ \ RE FEN X X I I I Q III _ z a - I \ / / % / 50' WETLAND SETBACK LAND/ _ / \ z = Q I W \\ 20 FRONT SETBACK / - - - / z I I \\-DDGE 0 ELINEAT EDGE F / / / 0 <0zo I ' I`- ` d T' D \ \ \ .\ \ - / / 25' WETLAND BUFFER o I I I 11 I III o �� ' 4„IRon`> 1 I U I I 298.84-- / 309.74( 9. F / LINE PARALL� H TH - - - 6kAIN NK FENGE _ _ 9°10'39" 16 79 / NORTH LINE THEE N 4 0 0 ou - `; y 0°59'53" (REC. 0O I+ TH n � 3 \ Y � RCEL 2v ` PPB PARCEL 3 / ` \ N OU 1 D. OP T0�20P03 �( STORMWATER C WN R: NEIT L c PONDING \ I i POSSIBLE WETLAND `� \ 6,963 SF � � I BASED ON FINDING OF \� (f2%) \ BUILDING BUILDING3 I / I NORTH PARCEL \ \� \ \ 12 UNITS _g�, 8 UNITS / / + +' \- I _T HOU E 00 �/ I i I �\ I / M AE IAL // + \ ' \ \ I '1 FROMLAERIALX / / / + \ I \ \ + B90- / / i \\ \\ �� < \ \ ( / / \ \ / IDI IAL \ \ \ / 50' WETLAND SETBACK N FRERSTORMWATER PONDING I / / 17(,t9151 %)SF 25' WETLAND BUFFER MANNING AVE. DEDICATION I \ B,91 \ \ / \ \ \ + \ \ \ \\ \00 \ \\ j I \ \ + \ \ \ \ \ \ \ \ \ N \ \ \ \ \ WETLAND PER CITY SURFACE N I / I I\ \ \ \ \ \ \ \ \ \ + \ \ _WTAER AND ENVIRONMENTAL \ OVERLAY DST. MAP CIA �\ II \ \ \\ \ ` + \ \ \ \ \ \ \ \ \ \ \ / / 20' REAR SETBACK \ \ �\ \ \ + \ \ \ \ \ \ \ \ \ \ ,� 90, 900, of \ I \ \ 904 90 Building Number Area SF Gross SF Building SF Units Area per Unit FAR Lot Coverage 1 42,142 18,062 9,218 11 3,831 0.43 21.9% 2 27,189 16,268 8,276 8 3,399 0.60 30.4% 3 41,451 16,268 8,276 8 5,181 0.39 20.0% 4 42,694 16,564 8,468 12 3,558 0.39 19.8% 5 42,978 16,564 8,468 12 3,581 0.39 19.7% 6 39,543 16,268 8,276 8 4,943 0.41 20.9% 7 57,168 16,564 8,468 12 4,764 0.29 14.8% 8 38,649 16,564 8,468 12 3,221 0.43 21.9% 9 30,922 16,268 8,276 8 3,865 0.53 26.8% 10 42,132 16,520 8,384 14 3,009 0.39 19.9% 11 24,149 16,268 8,276 8 3,019 0.67 34.3% 12 31,577 16,268 8,276 8 3,947 0.52 26.2% 13 24,132 16,268 8,276 8 3,017 0.67 34.3% 14 36,072, 16,564, 8,468, 12 3,006, 0.46 23.5% 151 36,0251 16,5641 8,4681 12 3,0021 0.461 23.5% Average 37,122 8,423 3,690 0.47 23.9% Min 1 241132 1 8,276, 3,0021 0.29 14.8% Max 1 57,168 1 9,2181 5,1811 0.67 34.3% N 0 30 60 120 SCALE IN FEET 11 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com CC W H a J J J ~ H oN Z W w w z J O 0 a Q Q L = J Q a Z W ~ Cn V) U) U) I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed PROFESSIONAL ENGINEER n 6erthe law �he State o ` `v ("I 0A �� GINS QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE 4/10/2023 PROGRESS SKETCH PLAN 5/12/2023 PROGRESS SKETCH PLAN PROJECT TEAM DATA DESIGNED: MK DRAWN: JG PROJECT NO: 222-0208 SK-1 EXHIBIT C - TRAFFIC IMPACT STUDY IFTiTiiAI FINAL DOCUMENT April 2511, 2023 Prepared By: Nick Grage, PE, PTOE, RSP1 ALLIANT ENGINEERING, INC. 1 733 S Marquette Ave, Suite 700, Minneapolis, MN 55402 oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE i Table of Contents Tableof Contents....................................................................................................... i Listof Figures.......................................................................................................................................................ii Listof Tables........................................................................................................................................................ii 1. Introduction........................................................................................................1 2. Existing Conditions..............................................................................................1 2.1 Study Area Intersections.......................................................................................................................... 1 2.2 Data Collection......................................................................................................................................... 1 2.2.1 Existing Traffic Volumes.................................................................................................................... 1 2.2.2 Roadway/ Intersection Characteristics............................................................................................ 3 2.3 Historical Traffic Volumes........................................................................................................................ 3 2.3.1 Forecast Year 2025 No Build Traffic Volumes................................................................................... 3 2.4 Existing Year 2023 & Forecast Year 2025 No Build Conditions................................................................ 6 2.4.1 Intersection Capacity Analysis.......................................................................................................... 6 3. Proposed Development.......................................................................................7 3.1 Trip Generation........................................................................................................................................ 9 3.1.1 ITE Trip Generation Manual.............................................................................................................. 9 3.1.2 Trip Distribution and Assignment..................................................................................................... 9 4. Future Conditions Analysis................................................................................13 4.1 Forecast Year 2025 Build Conditions — Intersection Capacity Analysis ................................................. 13 5. Site Plan Review................................................................................................14 6. Conclusions & Recommendations.....................................................................14 Alliant No. 222-0208 46 ALLIANT SUNDANCE STILLWATER 11 Traffic Impact Analysis LIST OF FIGURES PAGE ii Figure1. Project Location....................................................................................................................................... 2 Figure2. Existing Conditions................................................................................................................................... 4 Figure 3. 2025 No Build Traffic Volumes................................................................................................................ 5 Figure4. Proposed Site Plan................................................................................................................................... 8 Figure 5. Directional Distribution.......................................................................................................................... 10 Figure6. Added Development Trips..................................................................................................................... 11 Figure 7. 2025 Build Traffic Volumes.................................................................................................................... 12 Table 1. Roadway Characteristics........................................................................................................................... 3 Table 2. Intersection Characteristics...................................................................................................................... 3 Table 3. Level of Service Criteria............................................................................................................................. 6 Table 4. Existing Year 2023 Intersection Capacity Analysis.................................................................................... 7 Table 5. Forecast Year 2025 No Build Intersection Capacity Analysis.................................................................... 7 Table 6. Trip Generation Estimate.......................................................................................................................... 9 Table 7. 2025 Build Intersection Capacity Analysis.............................................................................................. 13 Alliant No. 222-0208 oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE 1 1. Introduction Alliant Engineering has completed a traffic impact analysis for the proposed Sundance Stillwater development located in the southeast quadrant of the intersection of CSAH 15 (Manning Avenue North) and 80th Street North in Stillwater, MN (see Figure 1). The proposed development consists of 153 multifamily housing units. The main objectives of this study are to evaluate existing traffic operations within the study area, identify any potential traffic impacts to the adjacent roadway network due to the proposed development trips, and recommend improvements to address issues if necessary. The following provides the assumptions, analysis, and study conclusions offered for consideration. 2. Existing Conditions The existing conditions were reviewed to establish a baseline for identifying any future impacts associated with the proposed development. The evaluation of existing conditions includes turning movement counts, field observations, and an intersection capacity analysis. 2.1 STUDY AREA INTERSECTIONS The following study intersections were identified: • CSAH 15 (Manning Avenue North) & 80th Street North • CSAH 12 (75th Street North) & Maryknoll Drive North The following access was identified: • 80th Street North & Abercrombie Lane It should be noted that the only access for the proposed development aligns directly across from Abercrombie Lane, an existing T-intersection serving as the primary access to a similar existing multifamily housing development along the north side of 80th Street. No turn lanes are currently provided at the intersection, nor at any intersection along 80th Street / Boutwell Road between Manning Avenue and CSAH 12. 2.2 DATA COLLECTION 2.2.1 Existing Traffic Volumes To document existing conditions, intersection turning movement counts were collected for the study intersections by Alliant Engineering on Thursday, March 30th, 2023, over the following time periods: • AM Peak Period: 7:00 — 9:00 a.m. • PM Peak Period: 4:00 — 6:00 p.m. The a.m. and p.m. peak hours were observed to be 7:00-8:00 a.m. and 4:15-5:15 p.m., respectively. Collected intersection turning movement counts are included in the Appendix. Alliant No. 222-0208 a o1� o Q �Ilk 80th Street i m Proposed o Development � a 75th Street ° d Ik Ilk a '�' ` • Stillwater LO 14 IL t a.- Lake Elmo �-. Saint Paul INiERSiAiE 94 ' Woodbury, . 46 ALLIANT SUNDANCE STILLWATER 11 Traffic Impact Analysis PAGE 2.2.2 Roadway / Intersection Characteristics In addition to traffic volume data collection, observations were completed to identify roadway / intersection characteristics within the study area (i.e., geometry, posted speed limits, and traffic controls), which are summarized in Table 1 and Table 2. These are also shown in Figure 2 along with collected peak hour traffic volumes and historical Annual Average Daily Traffic (AADT) volumes within the study area. Table 1. Roadway Characteristics Roadway Manning Avenue 2-Lane Undivided w/ Turn Lanes 55 mph Minor Arterial 80th Street 2-Lane Undivided 40 mph Minor Collector Abercrombie Lane 2-Lane Undivided 30 mph Local Road CSAH 12 (75th Street) 2-Lane Undivided w/Turn Lanes 50 mph Minor Arterial Maryknoll Drive 2-Lane Undivided 30 mph Local Road (1) Washington County Functional Classifications Table 2. Intersection Characteristics (1) L = Left -Turn, T = Through, R = Right -Turn, Lanes Separated by "/" 2.3 HISTORICAL TRAFFIC VOLUMES A comparison of historical traffic volumes along Manning Avenue, 80t" Street, and CSAH 12 was completed to understand both historical traffic patterns and future impacts on the adjacent roadway network due to the development. This included a review of historical annual average daily traffic (AADT) volumes collected via MnDOT's Traffic Forecasting & Analysis website and completion of a least squares analysis using MnDOT's Traffic Forecast for Cumulative ESALs worksheet was also completed. Based on the historical traffic volumes and completed least squares analysis a background annual growth rate of one percent was selected to account for continued traffic volume growth and any unknown future developments in the area which may see increased traffic volumes on the adjacent roadway network. 2.3.1 Forecast Year 2025 No Build Traffic Volumes It is anticipated that construction will be completed in 2025, with a certificate of occupancy expected shortly thereafter. Utilizing the one percent annual growth rate, forecast year 2025 (after development completion) no build a.m. and p.m. peak hour turning movement volumes were developed, summarized in Figure 3. Alliant No. 222-0208 Sundance Stillwater TIA Figure 3 2025 No Build Traffic Volumes ALLIANT oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE 6 2.4 EXISTING YEAR 2023 & FORECAST YEAR 202-5 NO BUILD CONDITIONS An existing year 2023 and forecast year 2025 (after development completion) no build intersection capacity analysis was completed using Synchro / SimTraffic software to establish a baseline condition to which future traffic operations could be compared. Capacity analysis results identify a Level of Service (LOS), which indicates the quality of traffic flow through an intersection. Intersections are given a ranking from LOS A through LOS F. The LOS results are based on average delay per vehicle, which correspond to the delay threshold values shown in Table 3. LOS A indicates the best traffic operation, with vehicles experiencing minimal delays. LOS F indicates an intersection where demand exceeds capacity, or a breakdown of traffic flow. A key measure of operational effectiveness is the side -street LOS. Long delays and poor LOS can occur on side -street approaches even if the overall intersection is functioning well, for both intersections controlled by a traffic control and side -street stop signs, making side -street LOS a valuable design criterion. Table 3. Level of Service Criteria Delay per Vehicle (seconds) Level of Service Description Signalized Unsignalized Intersection Intersection A Free Flow: Low volumes and no delays. 0 - 10 0 - 10 B "" ""' ®""' ®""' "" Stable Flow: Speeds restricted by travel conditions, minor delays. > 10 - 20 > 10 - 15 C ® ® ® ® Stable Flow: Speeds and maneuverability closely controlled due to higher volumes. >20-35 >15-25 D ®,,, ® ®...,....,. ®...............®.......®' Stable Flow: Speeds considerably affected by change in operating conditions. High density traffic restricts maneuverability, volume near capacity. > 35 - 55 > 25 - 35 E ® ® ® ® ®.....® ®.... Unstable Flow: Low speeds, considerable delay, volume at or slightly over capacity. > 55 - 80 > 35 - 50 Forced Flow: Very low speeds, volume exceed capacity, long delays with stop and go traffic. > 80 > 50 ® ® ®® ®®®®® Source: Highway Capacity Manual, 2010 Edition, Transportation Research Board, Exhibits 18-4 & 19-1. After LOS, the second component of the capacity analysis is a study of vehicular queuing, or the lineup of vehicles waiting to pass through an intersection. An intersection can operate with an acceptable LOS, but if queues from the intersection block entrances to turn lanes or adjacent driveways, unsafe operating conditions could result. The 95th percentile queue, or the length of queue with only a five percent probability of being exceeded during an analysis period, is considered the standard for design purposes. 2.4.1 Intersection Capacity Analysis The existing intersection year 2023 and forecast year 2025 no build capacity analysis was performed for the study intersections during the a.m. and p.m. peak hours observed by Alliant Engineering on Thursday, March 30th, 2023. Results of the existing year 2023 intersection capacity analysis presented in Table 4 indicate that all study intersections currently operate at overall LOS A or better during the a.m. and p.m. peak hours under existing year 2023 traffic volumes except for CSAH 12 & Maryknoll Drive which operates at LOS B. In addition, no significant side -street delay or queuing issues were observed in the field or traffic simulations. Detailed operations and queuing analysis results are presented in the Appendix. Alliant No. 222-0208 46 ALLIANT SUNDANCE STILLWATER 11 Traffic Impact Analysis Table 4. Existing Year 2023 Intersection Capacity Analysis Overall Intersection LOS/ Worst Approach LOS Overall Intersection Delay/ Worst Approach Delay PAGE 7 Results of the forecast year 2025 no build intersection capacity analysis presented in Table 5 indicate that all study intersections will operate at overall LOS A or better during the a.m. and p.m. peak hours under forecast year 2025 no build traffic volumes except for CSAH 12 & Maryknoll Drive which operates at LOS B. In addition, no significant side -street delay or queuing issues were observed in the field or traffic simulations. Detailed operations and queuing analysis results are presented in the Appendix. Table 5. Forecast Year 2025 No Build Intersection Ca Ana Manning Avenue & 80th Street A / D 9.5 / 37.7 A / C 5.3 / 34.6 80th Street & Abercrombie Lane A / A 0.9 / 2.9 A / A 0.9 / 3.9 CSAH 12 & Maryknoll Drive B / D 15.4 / 40.5 B / D 11.8 / 44.4 Overall Intersection LOS/ Worst Approach LOS Overall Intersection Delay/ Worst Approach Delay 3. Proposed Development The proposed development consists of 153 multifamily housing units and is shown in Figure 4. The development currently includes 15 buildings for the 153 multifamily housing units and one clubhouse. Full access to the site is provided along 80th Street, approximately 700 feet east of Manning Avenue. As previously noted, the access for the proposed development aligns directly across from Abercrombie Lane, an existing T-intersection serving as the primary access to a similar existing multifamily housing development along the north side of 80th Street. The most recent development site plan is included in the Appendix for reference. Alliant No. 222-0208 } t:E 1 a J Sundance Stillwater TIA il ALLIANT �a Figure 4 Proposed Site Plan oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE 9 3.1 TRIP GENERATION To account for traffic impacts associated with the proposed development, trip generation estimates were developed for the weekday a.m. and p.m. peak hours as well as on a daily basis. The estimates were developed utilizing trip generation rates for similar land uses as documented in the ITE Trip Generation Manual, 11th Edition. 3.1.1 ITE Trip Generation Manual The ITE Trip Generation Manual was utilized to estimate the trip generation potential for the proposed development only, as no additional developments are currently being built near the proposed development. The ITE Trip Generation Manual provides peak hour and daily trip generation rates based on studies of similar land uses. Estimated site generated traffic based on the ITE Trip Generation Manual is detailed in Table 6. Table 6. Trip Generation Estimate Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. Note: Multifamily Housing (Low -Rise) assumes 1 to 3 floors. (1) Trips generated for the a.m. and p.m. peak hours of the adjacent roadway network. (2) Pass -By Trips and Multi -Use Reduction not applicable. Results of the trip generation estimates indicate the proposed development is expected to generate approximately 61 a.m. peak hour, 78 p.m. peak hour, and 1,032 daily trips. Based on the methodology described in the ITE Trip Generation Manual, pass -by trips and multi -use reductions were not applied. 3.1.2 Trip Distribution and Assignment The distribution of site -generated traffic was estimated based on a review of existing traffic volumes (collected in March 2023), traffic patterns, and engineering judgement. As the 80th Street & Abercrombie Lane intersection serves as the primary access for an existing multifamily housing development along the north side of 80th Street, the distribution of trips to / from the proposed development is likely to be similar. Traffic patterns at this intersection suggest the directional split should be different by both peak hour and by direction (entering / exiting). The estimated proposed development directional distributions are shown in Figure 5. These trip distributions were applied to the respective estimated site -generated traffic volumes to generate development added trips, shown in Figure 6, which were added to the 2025 no build traffic volumes for the adjacent roadway network to generate 2025 build traffic volumes shown in Figure 7. It should be noted that the intersection of CSAH 12 & Boutwell Road is right -in / right -out, so all eastbound 80th Street trips destined for Stillwater would utilize the CSAH 12 & Maryknoll Drive intersection with all westbound trips returning from Stillwater utilizing the free right at CSAH 12 & Boutwell Road (not modeled). Alliant No. 222-0208 rig l ti I SundancP q F .. •• • to _ oil r - .00, LEGEND - LEGEND 'f Entering Network r Entering Network f Exiting Network A _ + i r - - 1 Exiting Network AM Peak PM Peak j Sundance Stilhii,ater'FIA d ALLIANT Figure 5 Directional Distribution 1�' s o o Doc78(07)) (0r () c +-+ 0 +n v Sundance Stillwater TIA Figure 7 2025 Build Traffic Volumes ALLIANT oALLIANT SUNDANCE STILLWATER 11 TrafficlmpactAnalysis PAGE 13 4. Future Conditions Analysis To help determine near -term impacts associated with the proposed development, future build conditions (i.e., one year after opening) were evaluated assuming all units were occupied. Forecast year 2025 build traffic volumes were developed utilizing the previously documented site -generated traffic volumes. 4.1 FORECAST YEAR 2025 BUILD CONDITIONS — INTERSECTION CAPACITY ANALYSIS To understand the extent to which the proposed development impacts the study area roadway network, forecast year 2025 build conditions were analyzed. Results of the forecast year 2025 build intersection capacity analysis presented in Table 7 indicate that all study intersections are expected to perform at overall LOS B or better during the a.m. and p.m. peak hours under forecast year 2025 build traffic volumes. In addition, no significant side -street delay or queuing issues were observed in the traffic simulations. The intersection of Manning Avenue & 80th Street decreases from an overall LOS A to a high -performing LOS B under a.m. peak hour build conditions. However, the overall change in delay is only 1.8 seconds (9.5 to 11.3) with the threshold between LOS A and LOS B being 10.0 seconds. Detailed operations and queuing analysis results are presented in the Appendix. Table 7. 2025 Build Intersection Capacity Analysis Overall Intersection LOS/Worst Approach LOS Overall Intersection Delay/ Worst Approach Delay Alliant No. 222-0208 46 ALLIANT SUNDANCE STILLWATER 11 Traffic Impact Analysis PAGE 14 5. Site Plan Review A review of the proposed site plan was completed to identify any issues and recommend potential improvements regarding vehicle ingress / egress, internal circulation, and pedestrian / bicycle connectivity: • Truck turning movements should be reviewed to ensure that delivery, garbage / recycling trucks, fire trucks, etc. have adequate accommodations to negotiate the internal parking lot. • There is existing sidewalk along the east side of Abercrombie Lane, with a substantial multi -use trail network along the north side of 80th Street and the east side of Manning Avenue. Sidewalk is provided within the development site along the east side of Abercrombie Lane connecting to the existing trail network to the north. Improvements (ramps, signing, etc.) to ensure pedestrians and bicyclists can cross from the development, and are visible when doing so, may be considered. • Sidewalk is not provided between Building 2 and Building 3 in the southeast corner of the development. As such, a crossing (ramps, signing, etc.) of the development ring -road near Building 3 may be desirable to accommodate residents attempting to walk to the Clubhouse / dog park. • Queues entering the development from 801h Street are expected to be minimal. Traffic control (stop - signs, yield sign, etc.) at the T-intersection of Abercrombie Lane and the development ring -road should be considered if safety and internal traffic circulation becomes an issue. 6. Conclusions & Recommendations The following study conclusions / recommendations are offered for consideration: • The proposed development would be expected to generate approximately 61 a.m. peak hour, 78 p.m. peak hour, and 1,032 daily trips for the current development plan. • Results of the existing year 2023 and forecast year 2025 no build and build intersection capacity analyses indicate that all study intersections are expected to operate at overall LOS B or better during the a.m. and p.m. peak hours. Furthermore, no significant delay or queuing issues were observed. o The intersection of Manning Avenue & 80th Street decreases from an overall LOS A to a high - performing LOS B under a.m. peak hour build conditions. However, the overall change in delay is only 1.8 seconds (9.5 to 11.3) with the threshold between LOS A and LOS B being 10.0 seconds. A review of the proposed site plan was completed to identify any issues and recommend potential improvements regarding vehicle ingress / egress, internal circulation, and pedestrian / bicycle connectivity. A summary is provided in Section 5.0: Site Plan Review. Alliant No. 222-0208 Appendix SUNDANCE STILLWATER (STILLWATER, MN) TRAFFIC IMPACT ANALYSIS ALLIANT ENGINEERING, INC. 733 S Marquette Ave #700, Minneapolis, MIN 55402 Intersection: Manning Avenue & 80th Street Site Code: 100 Date: 3/30/2023 Ref Pt: N/A Duration: 7:00-9:00, 16:00-18:00 Page No: 1 of 3 **BREAK** 16:00 1 79 80 11 2 13 141 20 161 0 254 16:15 4 92 96 10 5 15 152 26 178 0 289 16:30 1 107 108 12 -- 12 1 143 19 163 0 283 16:45 3 103 106 12 3 15 1 165 30 196 0 317 Hour Total 9 381 390 45 10 55 2 601 95 698 1143 17:00 3 102 105 16 2 18 2 1 147 22 170 0 293 2 17:15 -- 87 87 13 1 14 1 -- 157 21 178 0 279 1 17:30 3 93 96 12 2 14 -- 132 32 164 0 274 17:45 1 76 77 8 -- 8 -- 104 17 121 0 206 -- Hour Total 7 358 365 49 5 54 3 1 540 92 633 -- 1052 3 Grand Total -- 30 1875 1 1906 -- -- 322 1 41 364 3 -- 9 1607 250 1966 -- -- -- 1 5 6 4142 3 • of App. 0.0% 1.6% 98.4% 0.1% 0.0% 88.5% 0.3% 11.3% 0.0% 0.5% 86.1% 13.4% 0.0% 0.0% 16.7% 83.3% • of Total 0.0% 0.7% 45.3% 0.0% 46.0% 0.0% 0.0% 7.8% 0.0% 1.0% 8.8% ##### 0.0% 0.2% 38.8% 6.0% 45.1% 0.0% 0.0% 0.0% 0.0% 0.1% 0.1% 0.0% Cars Total -- 29 1841 1 1871 -- -- 317 -- 38 355 3 -- 9 1579 250 1838 -- -- -- -- 5 5 -- 4069 3 Cars % of 0.0% 96.7% 98.2% 100% 98.2% 0.0% 0.0% 98.4% 0.0% 92.7% 97.5% ##### 0.0% 100% 98.3% 100% 98.5% 0.0% 0.0% 0.0% 0.0% 100% 83.3% 0.0% 98.2% Movement Trucks Total -- 1 34 - 35 - -- 5 1 3 9 -- - 28 - 28 -- -- -- I -- I -- 73 Trucks % of 0.0% 3.3% 1.8% 0.0% 1.8% -- 0.0% 1.6% 100% 7.3% 2.5% 0.0% 0.0% 1.7% 0.0% 1.5% -- 0.0% 0.0% 100% 0.0% 16.7% -- 1.8% Movement ALLIANT ENGINEERING, INC. 733 S Marquette Ave #700, Minneapolis, MIN 55402 Intersection: 80th Street & Abercrombie Lane Site Code: 200 Date: 3/30/2023 Ref Pt: N/A Duration: 7:00-9:00, 16:00-18:00 Page No: 1 of 3 **BREAK** 16:00 1 5 6 7 5 12 0 8 13 21 39 16:15 3 2 5 16 1 17 0 8 22 30 52 16:30 3 5 8 6 2 8 0 2 18 20 36 16:45 2 4 6 13 2 15 0 12 21 33 54 Hour Total 9 16 25 42 30 74 104 181_ 17:00 8 5 13 1 9 1 10 0 9 17 26 49 1 17:15 3 3 6 -- 8 1 9 0 9 13 22 37 17:30 -- 2 2 1 12 4 16 0 10 25 35 53 1 17:45 1 4 5 -- 5 3 8 0 7 11 18 31 -- Hour Total 12 14 26 2 34 9 43 -- 35 66 101 170 2 Grand Total 31 99 130 5 -- -- 265 30 295 2 -- -- -- -- 0 -- -- 83 201 -- 284 2 709 9 • of App. 0.0% 23.8% 0.0% 76.2% 0.0% 0.0% 89.8% 10.2% 0.0% 0.0% 0.0% 0.0% 0.0% 29.2% 70.8% 0.0% • of Total 0.0% 4.4% 0.0% 14.0% 18.3% 55.6% 0.0% 0.0% 37.4% 4.2% 41.6% 22.2% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 11.7% 28.3% 0.0% 40.1% 22.2% Cars Total -- 31 -- 94 125 4 -- -- 260 29 289 2 -- -- -- -- 0 -- -- 81 199 -- 280 2 694 8 Cars % of 0.0% 100% 0.0% 94.9% 96.2% 50.0% 0.0% 0.0% 98.1% 96.7% 98.0% 25.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 97.6% 99.0% 0.0% 98.6% 25.0% 97.9% Movement Trucks Total -- -- -- 5 5 1 -- -- 5 1 6 -- -- -- -- -- 0 -- -- 2 2 - 4 -- 15 1 Trucks % of 0.0% 0.0% 0.0% 5.1% 3.8% ##### 0.0% 0.0% 1.9% 3.3% 2.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.4% 1.0% 0.0% 1.4% 0.0% 2.1% Movement ALLIANT ENGINEERING, INC. 733 S Marquette Ave #700, Minneapolis, MN 55402 Intersection: CSAH 12 (75th Street) & Maryknoll Drive Site Code: 300 Date: 3/30/2023 Ref Pt: N/A Duration: 7:00-9:00, 16:00-18:00 Page No: 1 of 3 **BREAK** 16:00 -- 6 14 1 21 -- -- 1 51 13 65 -- -- 2 3 2 7 -- -- 3 56 4 63 -- 156 -- 16:15 -- 10 12 1 23 -- -- -- 50 1 51 -- -- 5 11 2 18 -- -- 4 52 3 59 -- 151 -- 16:30 -- 8 11 4 23 -- -- 2 50 5 57 -- -- 4 7 3 14 -- -- 5 60 6 71 -- 165 -- 16:45 -- 13 9 1 23 -- -- 2 39 2 43 -- -- 5 11 6 22 -- -- 3 72 6 81 -- 169 -- Hour Total -- 37 46 7 90 -- -- 5 190 21 216 16 32 13 61 - -- 15 240 19 274 -- 641 -- 17:00 -- 9 9 2 20 -- -- 4 41 1 46 -- -- 3 11 2 16 -- -- 7 53 4 64 -- 146 -- 17:15 -- 13 11 1 25 -- -- 2 42 1 45 -- -- 2 6 2 10 -- -- 3 60 4 67 -- 147 -- 17:30 -- 16 8 -- 24 -- -- 1 34 -- 35 -- -- 1 5 5 11 -- -- 3 77 2 82 -- 152 -- 17:45 -- 15 5 1 21 -- -- 2 18 -- 20 -- -- 1 6 1 8 -- -- 1 55 3 59 -- 108 -- Hour Total -- 53 33 4 90 -- -- 9 135 2 146 - -- 7 28 10 45 -- -- 14 245 13 272 - 553 -- Grand Total -- 215 151 30 396 1 -- 23 672 29 724 -- -- 55 77 35 167 -- -- 50 820 50 920 -- 2207 1 %of App. 0.0% 54.3% 38.1% 7.6% 0.0% 3.2% 92.8% 4.0% 0.0% 32.9% 46.1% 21.0% 0.0% 5.4% 89.1% 5.4% %of Total 0.0% 9.7% 6.8% 1.4% 17.9% ##### 0.0% 1.0% 30.4% 1.3% 32.8% 0.0% 0.0% 2.5% 3.5% 1.6% 7.6% 0.0% 0.0% 2.3% 37.2% 2.3% 41.7% 0.0% Cars Total -- 207 151 28 386 1 -- 22 664 29 715 -- -- 54 76 35 165 -- -- 50 813 49 912 -- 2178 1 Cars % of 0.0% 96.3% 100% 93.3% 97.5% ##### 0.0% 95.7% 98.8% 100% 98.8% 0.0% 0.0% 98.2% 98.7% 100% 98.8% 0.0% 0.0% 100% 99.1% 98.0% 99.1% 0.0% 98.7% Movement Trucks Total -- 8 -- 2 10 -- -- 1 8 -- 9 - -- 1 1 -- 2 -- -- -- 7 1 8 -- 29 - Trucks % of 0.0% 3.7% 0.0% 6.7% 2.5% -- 0.0% 4.3% 1.2% 0.0% 1.2% -- 0.0% 1.8% 1.3% 0.0% 1.2% -- 0.0% 0.0% 0.9% 2.0% 0.9% -- 1.3% Movement Sundance Stillwater TIA - Measures of Effectiveness Summary Existing Year 2023 Conditions Overall Intersection LOS / Worst Approach LOS Overall Intersection Delay / Worst Approach Delay Forecast Year 2025 No Build Conditions Overall Intersection LOS / Worst Approach LOS Overall Intersection Delay / Worst Approach Delay Forecast Year 2025 Build Conditions Overall Intersection LOS / Worst Approach LOS Overall Intersection Delay / Worst Approach Delay Existing Year 2023 Conditions - AM Peak Hour Intersection MOE Movement Delay (sec/veh) Eastbound 0.0 Approach 0.0 2.8 Westbound 41.4 Approach 0.5 3.1 Northbound 7.0 Approach 3.7 0.8 Southbound 5.2 Approach 5.1 0.0 Intersectio tio Totcj 9.3 Total Delay (hr) 0.0 0.0 0.0 1.5 0.0 0.0 0.0 0.2 0.0 0.0 0.9 0.0 2.6 Movement LOS A A A D A A A A A A A A A Manning Avenue & Movement Volume 0 0 1 132 5 11 4 221 26 5 623 0 1028 80th Street Movement 95th Queue (ft) 0 0 3 154 154 17 11 65 11 10 117 0 Storage Bay Distance (ft) 0 0 50 0 0 300 285 0 270 285 0 0 Approach Delay (sec/veh) 2.8 37.2 3.5 5.1 Approach LOS A D A A Existing Year 2023 Conditions - PM Peak Hour Intersection MOE Movement Delay (sec/veh) Eastbound 0.0 Approach 0.0 0.0 Westbound 44.2 Approach 0.1 7.4 Northbound 5.7 Approach 4.0 1.1 Southbound 4.5 Approach 2.5 0.0 Intersectio 4.9 Total Delay (hr) 0.0 0.0 0.0 0.6 0.0 0.0 0.0 0.7 0.0 0.0 0.3 0.0 1.6 Movement LOS A A A D A A A A A A A A A Manning Avenue & Movement Volume 0 0 0 48 5 9 2 620 95 12 402 0 1193 80th Street Movement 95th Queue (ft) 0 0 0 76 76 14 8 121 20 18 65 0 Storage Bay Distance (ft) 0 0 0 0 0 300 285 0 270 285 0 0 Approach Delay (sec/veh) 0.0 35.3 3.6 2.6 Approach LOS A D A A Forecast Year 2025 No Build Conditions - AM Peak Hour Intersection MOE Movement Delay (sec/veh) Eastbound 0.0 Approach 0.0 4.0 Westbound 41.6 Approach 0.6 2.8 Northbound 6.7 Approach 3.8 0.9 Southbound 6.3 Approach 5.4 0.0 Intersection 9.5 Total Delay (hr) 0.0 0.0 0.0 1.6 0.0 0.0 0.0 0.3 0.0 0.0 1.0 0.0 2.9 Movement LOS A A A D A A A A A A A A A Manning Avenue & Movement Volume 0 0 1 136 4 11 5 238 25 6 634 0 1060 80th Street Movement 95th Queue (ft) 0 0 4 150 150 16 13 66 9 12 130 0 Storage Bay Distance (ft) 0 0 50 0 0 300 285 0 270 285 0 0 Approach Delay (sec/veh) 4.0 37.7 3.6 5.4 Approach LOS A D A A Forecast Year 2025 No Build Conditions - PM Peak Hour Intersection MOE Movement Delay (sec/veh) Eastbound 0.0 Approach 0.0 0.0 Westbound 45.8 Approach 0.1 6.6 Northbound 3.2 Approach 4.3 1.2 Southbound 5.1 Approach 2.9 0.0 Intersectic, 5.3 Total Delay (hr) 0.0 0.0 0.0 0.6 0.0 0.0 0.0 0.7 0.0 0.0 0.3 0.0 1.6 Movement LOS A A A D A A A A A A A A A Manning Avenue & Movement Volume 0 0 0 49 7 11 2 618 100 8 399 0 1194 80th Street Movement 95th Queue (ft) 0 0 0 81 81 17 4 125 21 16 70 0 Storage Bay Distance (ft) 0 0 0 0 0 300 285 0 270 285 0 0 Approach Delay (sec/veh) 0.0 34.6 3.9 2.9 Approach LOS A C A A Forecast Year 2025 Build Conditions - AM Peak Hour Intersection MOE Movement Delay (sec/veh) Eastbound 0.0 Approach 0.0 11.7 Westbound 44.8 Approach 0.7 3.4 Northbound 6.9 Approach 3.9 0.9 Southbound 6.0 Approach 6.0 0.0 io Intersectio tj al 11.3 Total Delay (hr) 0.0 0.0 0.0 2.1 0.0 0.0 0.0 0.2 0.0 0.0 1.1 0.0 3.4 Movement LOS A A B D A A A A A A A A B Manning Avenue & Movement Volume 0 0 2 168 5 16 4 225 34 7 636 0 1097 80th Street Movement 95th Queue (ft) 0 0 8 182 182 18 13 57 19 15 135 0 Storage Bay Distance (ft) 0 0 50 0 0 300 285 0 270 285 0 0 Approach Delay (sec/veh) 11.7 40.1 3.6 6.0 Approach LOS B D A A Forecast Year 2025 Build Conditions - PM Peak Hour Intersection MOE Movement Delay (sec/veh) Eastbound 0.0 Approach 0.0 0.0 Westbound 42.8 Approach 0.4 7.1 Northbound 5.4 Approach 5.1 1.5 Southbound 6.5 Approach 3.2 0.0 Intersectio 5.9 Total Delay (hr) 0.0 0.0 0.0 0.7 0.0 0.0 0.0 0.9 0.0 0.0 0.4 0.0 2.0 Movement LOS A A A D A A A A A A A A A Manning Avenue & Movement Volume 0 0 0 59 8 12 3 629 119 12 398 0 1240 80th Street Movement 95th Queue (ft) 0 0 0 80 80 16 11 128 23 21 77 0 Storage Bay Distance (ft) 0 0 0 0 0 300 285 0 270 285 0 0 Approach Delay (sec/veh) 0.0 33.1 4.5 3.3 Approach LOS A C A A SITE DATA: \ — — — , L' - ;— )-\/ I / I \.•� EXISTING ZONING = =AGRICULTURAL PRESERVATION (AP) L-AB'ER� NESS ou ou EMERGENCY ACCESS so , MBE PROPOSED ZONING MON. 0u 0u 0u —° () CEMAN ENTRAN � Y -" '' ' ' ' ' ' ' ' ^' LOT AREAS: Y I— CENTERLINE OF BOUTWELL RD N n ° / ou — — — — " " i 1 AK/� OL9 C- kWY-2- — — U89`T3'9-3I RIM=sII�� emu— ou--eu 8 / o „ { iNv=9o�.40 80TH REEr N . \ \ BIT ROADWAY N88 22 0E W o^n Pn _ - GROSS AREA = 24.28 AC I I I s w 20' FRONT SETBACK OTH STREET NO.RT - RA80TH ,STREET N. . iW DEDICATION \ 80TH STREET NORTH DEDICATION = .72 AC I G o �M sl9 49 z WM �) MANNING AVE. DEDICATION = 1.12 AC Sr / \ WETLAND* = 5.24 AC I ou f:. - ----- _ :`7 �% �,.I 'o I BOTH S RE°E 0 G _ G� G jj \ - F S I I ou BENCHMARK z \ �G J NET DEVELOPABLE = 17.20 AC ( NORTH S L ID- Q1 -T \YI• -� l/ -�� 80TH STREET NORTH AS 25' 20'-I 25' 25' 25'_-20''IN 9S ' 27' ,�-- ;. -LAID OUT AND TRAVELED l ��6 �' _ .. INV N=903.64 �I\ FENCE Po�` QN \ E No. 67300> I o I I — „� E 902.2 --��-PROP. LINE, 0.2 *INCLUDES 25 WETLAND BUFFER T-POST N i I x\FT s of T-PosT \ \ > _ / / \ W - w to — PROP. E- 25' SIDE SETBACK \ / / UNIT COUNT: I I N/ BUILDING 8 BUILDING 9 I BUILDING 1 I I \ I TOTAL UNITS 153 UNITS 12 UNITS UNITS 11 UNITS i \I o (J w: / \ , — — /� NET DENSITY** = 8.90 UNITS/ACRE x o / z S I L/ RETAI - I-STO LID w w_ / = Z l H \ � WALLS - X AGO 3 \ WOOD \ U - H — Nwz - ~ _ � o 4� 9 FFc ` \ **EXCLUDES 80TH ST. N. DEDICATION AND WETLANDS J V- H o c,I / / 1 / Q \ HAIN LINK QO 0 I J H \ _ i _ pU /� / I \, \ \ \ / N ENCE — —^+' ~ \ \ \ mU/\� `-- \ I- — :'j NOVS I �IRETA / WOODED -"-T , 7 _ \ — — / I -� cYk`v \ / \\ \ I PUBLIC ROADS: o o� �" w LLs „" \ x No \ \ \ ( z \ I i_wirNEss ` J p Q 20 FRONT SEIBACK — - % _ _ ,� _VESTIBULE ENCROACHMENT / °Oo �/ \ \ PUBLIC R.O.W = 2,121.24 LF o m i ( \ INTO SETBACK I I AN BED _ / \ O / JJ a�f'^ -S LINE OF THE SWI/4 OF THE / N CO- 5' CHAIN I \ MON. I / LO N LLf = O `� \ / x \ LINK FENCE I \ t it PRIMARY STRUCTURE SETBACK: WI/4 zNJ,/4 SEG w � \ \ _— / I- FRONT YARD: = 20' BUILDIN sH� w} 12 UNIT x SIDE YARD: = 25' a W x BHOUSE zY I ADU/OUTBUILDING Q BUILDING 2 REAR YARD: = 25 APPRx. FROM AERIA 8 UNITS 11 BUILDING 10 do MINIMUM SEPARATION BETWEEN UNITS: 35' 8UNITS 14UNITS x o• x 3 MOWED LASS a \ \ / — — _ _ / ROAD DIMENSIONS x /�12-- o� / I 100 SIDE' I PARC L I _ � PUBLIC ROAD WIDTH: = 26' (50' R.O.W) TNH 91203 SETBACK a 12055 80T ST N o I I I o 3 I I CEL 2 / MAINT. X— X X I) w� w 25X �0 P RC L / l I — MINIMUM DRIVEWAY DEPTH: = 25' z 2I Borth sr � � g� v i -/ M \ \ x \ O LOT 1 / BLOCK 3 \ 1221180T ST L X X X X I I I x BLOCK 1 / cj wI__ M - / \ \/ x _ / x}— xJ Dc OF \ -WEDDING TENT / w - r - I � (`7 T -}- � L— / x x - x \ EGETATI / / � — — — / 00 M 0 T I x ATL xwrrrn,FN w x i v / APPRX. FROM AERIAL / \ \ y • O ° / \ \ / GAZEBO � — / w.- II co x x I I •I X DOG PARK _ / APPRx. FROM AERIAL . U-Iw L1 III -- I = cr- I H RLS 9232 II I \ \ \ \ x �o� • / / o I I I Z 1 IIwl II I I \ \ w Z STORMWATERBUILDING6 BUILDING 12 w BLOCK 2 X X � PONDING BUILDING 15 E/HIGH W EDS RAS 8UNITS 8UNITS = — / / 11,737 SIF 12 UNITS E // I I \\ice o >✓ I I /// \\ I I \ \\ a�� / �� w// �� z w � I I \ \ / // ocn / .<ii OO oar / \ / I \ J I \ /1 ov�C' I — \ Qo= o `0 / / / /� — / /// L" alp byyy N ------ /II--60� - - l1� // l/ l // /f /aQo 100- / 00 / I C11) \ / w �\ I 1 _ T H 42 I I BUILDING 13 BUILDING 14 — — a o 1 I i / �� BUILDING 5 I �� 12 UNITS 8UNITS 12 UNITS 50 WETLAND SETBACK x I I I \ 1 wIRE F E I 20' FRONT SETBACK I ' O J 25' WETLAND BUFFER — \\ \ x x x x — — — —/ N — — — Ir Q 50' WETLAND SETBACK / \ z I = EDGE OF \ TARP SHED_ _ ' _ + I z I I \ V — — R��R 3.1 FEET N N E �F G �� / wo / Q o w I I� \ DELINEA rED� — _ _ �I I I 72 z o I I III - D \ uv- ` --I.0 E N of PROP. / I 25' WETLAND BUFFER \ z / (n I I I II I d FTVLINZ D IROA\I\ ) I — — — — — — — LLJ — / I O II O 3 4 I ET3�E\ N LIN FENCE- ou 79LINE PARALL/x �\ I :;Uy.74( 9. 2 REC.) O F NORTH LINE OT 4 OF- PID:30030 022 + / / / \-- bB PARCEL 3 / BUILDING 4 ADD ESS: 8E BUILDING 3 c\I / / 1\ I \ \ 8 UNITS ER: NE 12 UNITS I P\ \ I\ I POSSIBLE WETLAND \ BASED ON FINDING OF NORTH PARCEL 25' 20' 25' • _ — SHED/GUEST HOUSE APRRX. FROM AERIAL MANNING AVE. DEDICATION STORMWATER PONDING + \ \ / / DRI \"E APRR \ \ \ 32, 9 1 SF / 50' WETLAND SETBACK \�// I. FR ERIAL\\\ - J + OUTLOT A 25' WETLAND BUFFER cn \ —�i 00 \\ N \ �/ \ \ CD \ I \ PER CITY SURFACE N N \ I \ \ \ I \\ WTA RNDAND ENVIRONMENTAL N OVERLAY DIST. MAP v 25' REAR SETBACK \ \ I A 1 i 0 30 / 60 I 0 /SCALE,—-tN T 11 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com cc W H a J J J ~ O Z W W w z O V a Q QLILI = J Z wLU Cn V) W W I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed PROFESSIONAL ENGINEER n er I the law �he State o ` Mk I�iS�A L— too `v �� GINS QUALITY ASSURANCE/CONTROL BY DATE DATE ISSUE 3/28/2023 IPROGRESS SKETCH PLAN PROJECT TEAM DATA DESIGNED: MK DRAWN: JG PROJECT NO: 222-0208 SK-1 wsb wa ter N: BIRTH P ,ACE OF MINNESOTA SPEED LIMIT PLAN and POLICY CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA June 1, 2023 Prepared for: City of Stillwater 216 N. 4t" Street Stillwater, MN 55092 WSB PROJECT NO. R-21137-000 CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. Charles T. Rickart, P.E. Date: June 1, 2023 Reg. No. 26082 SPEED LIMIT PLAN and POLICY WSB PROJECT NO. R-21137-000 CITY OF STILLWATER CERTIFICATION Table of Contents Introduction.....................................................................................................................2 SpeedLimit Guidelines................................................................................................... 2 ExistingConditions.......................................................................................................... 5 A. Roadway System............................................................................................... 5 B. Existing Traffic Speeds...................................................................................... 5 C. Crash History..................................................................................................... 5 Speed Limit Review and Analysis................................................................................. 12 A. National Guidance........................................................................................ 12 B. Local Speed Limit Analysis........................................................................... 13 Conclusion / Next Steps................................................................................................ 16 APPENDIX A — DRAFT SPEED LIMIT POLICY........................................................... 17 APPENDIX B — DRAFT RESOLUTION......................................................................... 19 List of Figures Figure 1 - Roadway Jurisdiction Classification.......................................................................... 7 Figure 2 — Roadway Functional Classification........................................................................... 8 Figure 3 — Existing Speed Limits................................................................................................ 9 Figure4 - Existing Traffic Volumes...........................................................................................10 Figure 5 - Crash Locations(2020-2022)...................................................................................11 Figure 6 — Default Urban Speed Limits....................................................................................12 Figure 7 — Stopping Distance vs Speed...................................................................................13 Figure 8 — Citywide Speed Limit Sign.......................................................................................14 Figure 9 — Proposed Speed Limit Changes..............................................................................15 List of Tables Table 1 — Citywide Crash Summary (2020-2022).......................................................... 6 Table 2 — Local Roadways Crash Summary (2020-2022).............................................. 6 SPEED LIMIT PLAN and POICY TABLE OF CONTENTS WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Introduction The purpose of this report is to provide the City of Stillwater with analysis and recommendation for determining and setting speed limits within the city based upon guidance from Minnesota Statutes, Minnesota Department of Transportation (MnDOT) policies and guidelines, Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD), and engineering judgement. The scope of the study includes the following key elements: • Outlining background information on the current Minnesota speed limit rules. • Documentation of the existing roadway speed limits and safety conditions. • Preparation of speed limit recommendations. • Preparation of a draft Speed Limit Policy. • Preparation of an implementation plan. The following sections outline the city-wide speed limit analysis and recommendations: Speed Limit Guidelines Based on Minnesota State Statutes (Minn. Stat. § 169), there are several provisions that govern setting or adjusting the statutory speed limits within a local jurisdiction under a variety of circumstances, including: • A local road authority can request MnDOT to perform an engineering and traffic investigation of a road. However, MnDOT, not the local authority, determines whether to establish a speed zone as well as the safe and reasonable speed limit. • If MnDOT sets a speed zone for a city street or town road in an "urban district" that is at least a quarter mile long, with structures situated at intervals of less than 100 feet, the city or town can lower the limit to 30 mph. • In school zones, a city has the authority to reduce the speed limit based on Minnesota Statute, Section 169.14, Subd. 5a - Speed Zoning in School Zone. In school zones the speed limit may be reduced with an engineering and traffic study. • Subject to various requirements, speed limits can be adjusted on other roadways, including: o Park roads (at no less than 15 mph and no more than 20 mph below the surrounding limit, and subject to a MnDOT engineering and traffic study); o On streets that have a designated bicycle lane (at no less than 25 mph); o In alleys (10 mph); o In mobile home parks (at over 10 mph but no more than 30 mph). • In 2019, the Minnesota Legislature passed new Statutes or added to existing Statutes that impact the City's authority to set speed limits. The Statutes went into effect August 1, 2019. The Statutes include: Minnesota Statute, Section 169.14, Subd. 2.- Speed limits. (7) 25 miles per hour in residential roadways if adopted by the road authority having jurisdiction over the residential roadway, and (8) 35 miles per hour in a rural residential district if adopted by the road authority having jurisdiction over the rural residential district. (b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the road authority has erected signs designating the speed limit and indicating the beginning and end of the residential roadway on which the speed limit applies. (c) A speed limit adopted under paragraph (a), clause (8), is not effective unless the road authority has erected signs designating the speed limit and indicating the beginning and end of the rural residential district for the roadway on which the speed limit applies. SPEED LIMIT PLAN and POLICY PAGE 2 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Minnesota Statute, Section 169.14, Subd. 5h - Speed Limits on City Streets. A city may establish speed limits for city streets under the city's jurisdiction other than the limits provided in subdivision 2 without conducting an engineering and traffic investigation. This subdivision does not apply to town roads, county highways, or trunk highways in the city. A city that establishes speed limits pursuant to this section must implement speed limit changes in a consistent and understandable manner. The city must erect appropriate signs to display the speed limit. A city that uses the authority under this subdivision must develop procedures to set speed limits based on the city's safety, engineering, and traffic analysis. At a minimum, the safety, engineering, and traffic analysis must consider national urban speed limit guidance and studies, local traffic crashes, and methods to effectively communicate the change to the public. o Minnesota Statute, Section 169.011, Subd. 64 -Residential Roadway. "Residential roadway" means a city street or town road that is either (1) less than one- half mile in total length, or (2) in an area zoned exclusively for housing that is not a collector or arterial street. Based on the Minnesota Statutes (Minn. Stat. § 169) the following maximum statutory speed limits apply to streets in the State of Minnesota: • 10 mph in alleys • 25 mph on residential roadways • 30 mph in an urban district • 35 mph in a rural residential district • 55 mph in locations other than those specified in this section • 65 mph on non -interstate expressways and freeways • 65 mph on interstate highways inside the limits of any urbanized area with a population of greater than 50,000 • 70 mph on interstate highways outside the limits of any urbanized area with a population of greater than 50,000 In addition to the Minnesota State Statutes, the Minnesota Manual on Traffic Control Devices (MnMUTCD) provides guidance on setting and installing speed limits on local city streets. The following are excerpts from the MnMUTCD that apply: • MnMUTCD, 2B.13 Speed Limit Sign STANDARD: Speed zones (other than statutory speed limits) shall only be established on the basis of an engineering study that has been performed in accordance with traffic engineering practices. The engineering study shall include an analysis of the current speed distribution of free -flowing vehicles. The Speed Limit (R2-1) sign shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency based on the engineering study. The speed limits displayed shall be in multiples of 5 mph. Speed Limit (R2-1) signs, indicating speed limits for which posting is required by law, shall be located at the points of change from one speed limit to another. At the downstream end of the section to which a speed limit applies, a Speed Limit sign showing the next speed limit shall be installed. Additional Speed Limit signs shall be installed beyond major intersections and at other locations where it is necessary to remind road users of the speed limit that is applicable. Speed Limit signs indicating the statutory speed limits shall be installed at entrances to the State and, where appropriate, at jurisdictional boundaries in urban areas. SPEED LIMIT PLAN and POLICY PAGE 3 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER SUPPORT: Minnesota Statute 169.14 sets forth the processes to establish speed zones and speed limits on all roadways and alleys in the state. GUIDANCE: A Reduced Speed Limit Ahead (W3-5 or W3-5a) sign (see Section 2C.38) should be used to inform road users of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering judgment indicates the need for advance notice to comply with the posted speed limit ahead. States and local agencies should conduct engineering studies to reevaluate non -statutory speed limits on segments of their roadways that have undergone significant changes since the last review, such as the addition or elimination of parking or driveways, changes in the number of travel lanes, or changes in the configuration of bicycle lanes. No more than three speed limits should be displayed on any one Speed Limit sign or assembly. When a speed limit within a speed zone is posted, it should be within 5 mph of the 85th-percentile speed of free -flowing traffic. Speed studies for signalized intersection approaches should be taken outside the influence area of the traffic control signal, which is generally considered to be approximately 112 mile, to avoid obtaining skewed results for the 85t"-percentile speed. STANDARD: A Speed Limit sign shall not be used to warn road users of an advisory speed for certain roadway conditions. See Section 2C.8 for use of advisory speed plaques. OPTION: Other factors that may be considered when establishing speed limits are the following: A. Road characteristics, shoulder condition, grade, alignment, and sight distance; B. The pace speed, C. Roadside development and environment; D. Parking practices and pedestrian activity; and E. Reported crash experience for at least a 12-month period. Two types of Speed Limit signs may be used: one to designate passenger car speeds, including any nighttime information or minimum speed limit that might apply; and the other to show any special speed limits for trucks and other vehicles. A changeable message sign that changes the speed limit for traffic and ambient conditions may be installed provided that the appropriate speed limit is displayed at the proper times. A changeable message sign that displays to approaching drivers the speed at which they are traveling may be installed in conjunction with a Speed Limit sign. GUIDANCE: If a changeable message sign displaying approach speeds is installed, the legend YOUR SPEED XX MPH or such similar legend should be displayed. The color of the changeable message legend should be a yellow legend on a black background or the reverse of these colors. SPEED LIMIT PLAN and POLICY PAGE 4 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Existing Conditions Available data used to determine the appropriate speed limits on local streets was collected from the City of Stillwater, Washington County, and MnDOT including: • 2040 Comprehensive Plan • Current roadway jurisdiction and functional classification Existing roadway speed limits • Most recent three years (2020-2022) of crash data • Existing and projected traffic volume data • Current land use and zoning • Existing and proposed pedestrian network. A. Roadway System The existing roadway system in the City of Stillwater consists of roadways controlled by the MnDOT (TH 36, TH 95 and TH 96), County (CSAH 5, CSAH 11, CSAH 12, CSAH 15, CSAH 21, CSAH 23, CSAH 24, CR 55, CR 64, CR 66), and local city streets. Figure 1 shows the current Jurisdictional Classification from the City's Comprehensive Plan. The Functional Classification of the roadways within the city includes Principal Arterials, A -Minor Arterials, Major Collectors, Minor Collectors, and local city streets. The Principal Arterials and A -Minor Arterials are all either MnDOT or Washington County roadways. The Major and Minor Collectors include both Washington County and city roadways. Figure 2 shows the current Functional Classification from the City's Comprehensive Plan. Existing Average Daily Traffic (ADT) volumes were collected for the roadways in the City of Stillwater from the MnDOT Traffic Mapping application tool. The existing daily traffic volumes are from 2017, 2018 and 2021. Figure 3 shows the existing ADT volumes. B. Existing Traffic Speeds The existing speed limits on roadways within the city are shown in Figure 4. The figure includes the location of existing signing and the speed zones. The existing speed limits within the city including City, County and State roadways, were set by Minnesota State Statute or a MnDOT speed study. Most of the city roadways that are posted at 30 mph were set by the Urban District Statute. Roadways set at 35, 40, 45 and 50 mph were set by MnDOT speed study. C. Crash History Existing crash data was obtained using the Minnesota Crash Mapping Analysis Tool (MnCMAT) developed by MnDOT. The database includes crashes reported to MnDOT by local law enforcement agencies. The crash data presented is for a 3-year period from 2020-2022. The MnCMAT database does not provide access to the original handwritten crash reports, which contain some details that are not represented in the MnCMAT database. Crashes that resulted in damages under $1000 may not be included in the database results as well. Crashes are typically concentrated on higher -volume streets, which have higher design and operating speeds. Figure 5 shows the location of crashes on all roadways in the City of Stillwater. Based on the review of the past 3 years of data there has been 252 reported crashes on all roadways. Approximately 49% of the crashes are on local city streets and 51 % on State or County Roads. A summary of the crashes by year and severity of crash is shown in Table 1. A summary of the crashes on the local street system are shown in Table 2. SPEED LIMIT PLAN and POLICY PAGE 5 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Table 1 — Citywide Crash Summary (2020-2022 2020 2021 2022 Jurisdiction PD PI F PD PI F PD PI F Total City 39 9 0 27 13 0 30 6 0 124 County 9 11 0 14 7 0 9 4 0 54 State 17 5 0 16 9 0 21 6 0 74 Total 65 25 0 57 29 0 60 16 0 252 PD = Property Damage, PI = Personal Injury, F = Fatality Table 2 — Local Street Crash Summary (2020-2022) 2020 2021 2022 Function Total PD PI F PD PI F PD PI F Local 24 6 0 14 9 0 18 4 0 75 Minor Collector 3 0 0 2 0 0 3 0 0 8 Major 12 3 0 9 4 0 9 2 0 39 Collector Minor 0 0 0 2 0 0 0 0 0 2 Arterial Total 39 9 0 27 13 0 30 6 0 124 PD = Property Damage, PI = Personal Injury, F = Fatality Based on review of the past 3-year crash history on the local city streets the follow conclusions were identified: • No fatal crashes have occurred on any roadway in the city. • 23% were personal injury and 77% were property only crashes. • 29% were rear -end type crashes. • 28% were right-angle type crashes. • 46% of the crashes were during midday (10:00am-4:00pm) • 78% of the crashes were on a clear day with dry pavement conditions. • 60% of the crashes were on roadways with a local street functional classification. • 2 crashes involved pedestrians and 2 crashes involved bicycles. SPEED LIMIT PLAN and POLICY PAGE 6 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Figure 1 - Roadway Jurisdiction c c - � v s 0 U N V � c O x W io C o � ui .. U. ' G OI wl a w� 0 �I SPEED LIMIT PLAN and POLICY WSB PROJECT NO. R-21137-000 CITY OF STILLWATER PAGE 7 Figure 2 - Roadway Functional Classification o .0Qt .2 0 0 gLL a, U Z, 7Z U. LU < < 0 0 Im LL U- 0 V 34P QW-W. �*- i a 4��/ \ 40 C;; L SPEED LIMIT PLAN and POLICY PAGE 8 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER 7� 41It��y )ak Ridg, Ln u� Figure 3 - Existing Traffic Volumes Nell 2001 St �I i� C 0 19) 1�0 O (9. _ - 017) 352�1�0(LZOL1 Z£S /� 687.9; (202 1 7500 12 _ —1_._.j N OS9 _T 20171 (6�L Ol1-OS4 I—(— OZ1 OOZ L l ILZO`Z► SSbI 17Q01 - 3 � Z c N �I rQC� a rn Nlffryl £9 �� i$fOZ),;pOCS 0z 00 Z c o U 0 o OC'/ t o � 0-9h a 1 iLZ06 JGfo Q (`' QZ� J]ON �. 9rl CIS N N N /9 O O O V- ^� oU vJ Ln �(SLOZ) OOSZ1 _ 1 (GLOZ� 0066I '73 ° S °u 1 o SPEED LIMIT PLAN and POLICY PAGE 9 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Figure 4 - Existing Speed Limits 4 F F� Speed Zones 10 MPH 25 MPH 30 MPH 35 MPH 40 MPH 45 MPH 50 MPH 55 MPH — 60 MPH �I(h _ SPEED LIMIT PLAN and POLICY PAGE 10 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER SPEED LIMIT PLAN and POLICY PAGE 11 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Speed Limit Review and Analysis A. National Guidance Over the past several years transportation professionals have been moving towards a change in how speed limits are set in urban areas. The new approach focuses on safety rather than existing observed speeds. Several studies have been competed documenting the review and analysis of setting speed limits including: • NTSB, Reducing Speeding -Related Crashes Involving Passenger Vehicles, 2017 • NACTO, Setting safe Speeds for Urban Streets, 2020 • NCHRP, Guidance for Setting Speed Limits, 2020 • Minneapolis Speed Limit Evaluation, 2020 • St Paul Speed Limit Evaluation, 2020 Based on these guidelines and studies the consensus is that lowering the speed limit in urban areas is an effective way to improve safety for all road users. It has been future documented that reducing speed limits to 20 mph on local minor streets and 25 mph on local major streets (Tiered approach) is an acceptable way to reduce speed limits and improve safety adjacent to residential land uses. Some of the key points found in this research include: • In 2017, a majority of states (30) had a default urban speed limit of 25 mph, including all of Minnesota's neighboring states. In addition, 17 states allow a 20-mph speed limit if certain conditions are met. Since 2017 some states have made changes to their speed limits under various conditions. Figure 6 shows the urban default speed limits for each state. Figure 6 - Default Urban Speed Limits Speed Limit ' O 35 MPH 30 MPH a 25 MPH sartb usDortxtsA 4dAl? SPEED LIMIT PLAN and POLICY PAGE 12 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER 40 mph 35 mph 30 mph 25 mph 20 mph 15 mph The relationship between the distance required for a vehicle to stop and speed is critical in limiting the possibility of a crash occurring. According to the American Association of State Highway and Transportation Officials (AASHTO), it takes the average driver 301 feet to stop at 40 mph, 197 feet at 30 mph, and 112 feet at 20 mph. A speed change from 30 mph to 20 mph resulted in an average driver stopping 85 feet sooner. The National Transportation Safety Board 2017 report "Reducing Speeding -Related Crashes Involving Passenger Vehicles" summarizes the connection between speed and safety: "Speed, and therefore speeding increases crash risk in two ways: (1) it increases the likelihood of being involved in a crash, and (2) it increases the severity of injuries sustained by all road users in a crash". Figure 7 outlines the relationship between stopping sight distance and speed. In addition, it should be noted that a pedestrian involved in a crash is significantly more likely to lose their life or sustain a serious injury as the speed at impact increases. A person hit at 30 mph is three times as likely to be killed than at 20 mph and a person hit at 40 mph is almost twice as likely to be killed or suffer serious injury as compared to a person hit at 30 mph. Figure 7 — Stopping Distance vs Speed. Average Stopping Distance (Feet) 50 100 1s0 2XJ�u Data Source: American Association of State Highway and Transportation Officials (AASHTOj_ A Policy on Geometrrc De ign of Highways and Streets. Washington, DC: AASHTO, 2011. "Assumes 2.5 second perception -braking time and 11.2 ft/sec2 driver deceleration." B. Local Speed Limit Analysis Several factors were considered when evaluating speed limits on the local roadway system including: Roadway Jurisdiction — Roadways under the jurisdiction of MnDOT or Washington County would not be eligible for speed limit changes by the city based on the current legislation. However, the city should continue to work with these agencies evaluate speed limit changes to their roadways if warranted. Roadway Functional Classification — Roadways that have a Functional Classification of Arterial, Minor Arterial or Collector would not be eligible for speed limit changes by the city unless the city develops procedures to set speed limits based on, at a minimum, safety, engineering, and traffic analysis. SPEED LIMIT PLAN and POLICY PAGE 13 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Traffic Volumes — Roadways with higher traffic volumes are more likely to have higher speed limits than roadways with lower traffic volumes. Pedestrian Activity — A person is significantly more likely to lose their life or sustain a serious injury as the speed at impact increases. A person hit at 30 mph is three times as likely to be killed than at 20 mph. Crash History — The last 3-years of crash data shows that there has been 252 crashes citywide of which 124 or 49% were on the local roadway system. Based on these factors and the Minnesota State Statutes the following speed limit changes are proposed: 1. Maintain current speed limits on MnDOT and Washington County roadways. a. Coordinate with MnDOT and Washington County the reduction of speed limits in downtown Stillwater (TH 95 and CSAH 23) from 30 MPH to 25 MPH. 2. Change the existing 30 MPH speed limits to 25 MPH on local streets downtown Stillwater and on local non-residential streets. 3. Change the existing 35 MPH speed limit to 25 MPH on 62nd Street. 4. Change the existing 40 MPH speed limit to 25 MPH on Boutwell Road and the TH 36 Frontage Road 5. Provide a 25 MPH citywide speed limit on local residential roadways. Figure 8 shows the proposed sign to be placed on roadways entering the city. a. Add approximately 12 (twelve) new signs. b. Remove approximately 15 existing speed limit signs. 6. Remove approximately 20 existing speed limits signs.. Figure 8 — City Wide Speed Limit Sign SPEED LIMIT 25 CITYWIDE UNLESS OTHERWISE POSTED Figure 9 shows the proposed speed limit changes to the roadways in the city. SPEED LIMIT PLAN and POLICY PAGE 14 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Figure 9 — Proposed Speed Limit Changes SPEED LIMIT PLAN and POLICY PAGE 15 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER Conclusion / Next Steps Lowering speed limits on local streets is in line with national trends toward lower speed to support safety. Recently the Cities of Minneapolis and St. Paul and other metro cities have announced they are lowering speed limits on their roadways. Lower traffic speeds also reduce the likelihood of a crash and make a crash less likely to lead to death or a life -changing injury. A person hit at 35 mph is three times as likely to die as someone hit at 20 mph or 25 mph. Based on review of the Minnesota State Statutes and the speed limit analysis, it is recommended that a citywide 25 mph speed limit be implemented on all local city streets. Although the citywide speed limit would be set at 25 mph, changes can be adopted for specific local streets based on engineering studies (i.e., school zones, etc.). It should be noted that all non -city streets (County or MnDOT) will remain at their current posted speed limit. Should the City Council determine that they would be in favor of reducing speed limits on local streets the following next steps are recommended: 1. Approve a Speed Limit Policy and Resolution adopting reduced speed limits on local roadways. (See Draft Examples in Appendix) 2. Prepare an implementation signing plan. Remove and/or install signs similar to that shown in Figure 9 at selected locations throughout the city. 3. Prepare a Communication Plan informing the community on the speed limit changes and that lowering the speed limits will create safer roadways for both vehicles and pedestrians. At a minimum this would include: a. Preparation of articles and maps in the City Newsletter b. Social Media posts c. Press releases d. Community events and announcements at City meetings SPEED LIMIT PLAN and POLICY PAGE 16 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER APPENDIX A - DRAFT SPEED LIMIT POLICY STILLWATER, MINNESOTA SPEED LIMIT POLICY PURPOSE/BACKGROUND This document outlines policies for determining the speed limit on streets owned and maintained by the City of Stillwater. This policy is being implemented to improve vehicle and pedestrian safety on streets within the City. The City of Stillwater will address speed limit related concerns based upon guidelines from Minnesota Statutes, Minnesota Department of Transportation (MnDOT) policies, Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD), and engineering judgement. The current speed limit on most streets owned by the City of Stillwater is 30 mph (as of , 2023) which was the statutory urban speed limit set by the Minnesota State Legislature prior to 2019. Minnesota Statutes Section 169.14 now allows Cities to establish speed limits on City streets under their jurisdiction based on the statutory speed limits listed below: Minnesota Statutory Speed Limits: • 10 mph in alleys • 25 mph in residential roadways if adopted by the road authority having jurisdiction over the residential roadway. • 30 mph on streets in urban districts • 35 mph in a rural residential district if adopted by the road authority having jurisdiction over the rural residential district. • 70 mph on rural interstate highways • 65 mph on urban interstate highways or expressways • 55 mph on other roads Unless the Commissioner of Transportation previously authorized a new speed limit on a specific roadway segment, the existing speed limits on streets within the City of Stillwater are consistent with the statutory speed limited listed above. In 2019, the Minnesota State Legislature passed a Statute granting Cities the authority to adopt a reduced speed limit of 25 mph on residential roadways under their jurisdiction. Additionally, the Statute grants Cities the authority to further reduce speed limits below 25 mph on roadways under their jurisdiction provided the City completes a technical evaluation per the procedures detailed in the State Statute. County and state roads are not included in this authority. Speed limits adopted using the 2019 State Legislation would not be in effect unless the city erects signs designating the speed limit on the streets which the speed limit applies. SPEED LIMIT PLAN and POLICY PAGE 17 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER PROCEDURE TO SET SPEED LIMIT ON CITY STREETS The primary citywide statutory speed limit in the City of Stillwater is 25 mph based on Minnesota Statute Section 169.14 which granted the local road authority (City Council) with power to establish a reduced speed limit on a local street if the street in question meets the statutory requirements and the City Council adopts the reduced speed limit. The City Council passed Resolution 2023-xx on , 2023, Adopting Reduced Speed Limit of 25mph on City Owned Streets adjacent to residential land uses. SPEED Signs have been posted on streets throughout the city identifying the citywide 25 mph LIMIT speed limit and indicating that the speed limit applies to all streets "unless otherwise posted". The County and MnDOT roadways within the city maintain their current posted 25 speed limit. CITYWIDE If a neighborhood within the city would like to request a speed limit other than that UNLESS currently authorized or posted on their street, they should send a formal request to the OTHERWISE Engineering Department. The request should identify the street name(s), the requested POSTED speed limit, the rationale for the request, and the contact information regarding the requestor. All requests will be reviewed to determine if the street in question meets the statutory requirements for a change. If the street meets the statutory requirements, and circumstances exist along the street that are clearly unique from other similar streets within the city, the request will be presented to the City Council for direction on further study and analysis. If authorized, the results of the study and analysis will be prepared and submitted to the City Council for final determination on the appropriate speed limit. If a speed limit change is approved by the City Council, the adopted speed limit will be effective upon the erection of appropriate signs designating the speed and indicating the beginning and end of the segment on which the speed limit is established. SPEED LIMIT PLAN and POLICY PAGE 18 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER APPENDIX B - DRAFT RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2023- A RESOLUTION ADOPTING REDUCED SPEED LIMITS ON CITY OWNED STREETS WHEREAS, beginning in 2019 authority was given to Cities to adopt a reduced speed limit on residential roadways under City jurisdiction per Minnesota Statute 169.14; and WHEREAS, the City of Stillwater is actively addressing safety for its residents and visitors, and lowering the speed limits will provide for safer streets for vehicles and pedestrians and will reduce the likelihood of crashes or injuries; and WHEREAS, the City of Stillwater authorized the preparation of a Speed Limit Plan and Policy that determined the appropriate speed limit on local City streets to be 25 mph on all citywide local streets; and WHEREAS, following adoption, speed limit signing will be installed indicating the 25-mph speed limit applies to all citywide streets unless otherwise posted with the lower speed limits going into effect immediately following the installation of the signs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER: hereby adopt reduced speed limits for all City owned local streets at 25 mph on all citywide local streets unless otherwise posted. Adopted by the City Council of Stillwater this day of 2023. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk SPEED LIMIT PLAN and POLICY PAGE 19 WSB PROJECT NO. R-21137-000 CITY OF STILLWATER �1 1water THE B I R T H P LACE OF M I N N E S O T A DATE: June 611, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Riverfront Parks Funding Allocation Overview: In the last legislative session, the City of Stillwater was awarded a grant for $6 million to develop the Riverfront Parks (Lumberjack Landing, Bridgeview, and Lowell Gazebo). The cost estimate to develop these parks according to the Park Plans (less donation) was $12.5 million. Attached is the cost estimate, description of the work, and a potential allocation of funding from the $6 million (two different scenarios). Staff is seeking to prioritize where to start on the development of the riverfront. Also, estimates will be refined as Staff works on the priority list. Also attached is the infographic submitted to the legislature. Action Requested: Review and discuss the Riverfront Parks and applying funding prioritization. Attachments: Cost estimates, description of work, and two options for the $6 million allocation Infographic submitted to the Legislature describing the projects Bergstein Building Area Site Work North Bridgeview Park Acess Drive and Parking $580,000 $580,000 Bridgeview Park Transent Boat Dock $500,000 $3,000,000 Bridgeview Park South Boat Launch $460,000 Bridgeview Park Central Lawn Area $520,000 $110,000 Bridgeview Park Shoddy Mill Rehab $1,200,000 $1,200,000 Bridgeview Park Total $3,260,000 $4,890,000 Lumberjack Landing Spur Trail to Browns Creek $100,000 Lumberjack Landing River Edge Walk $106,160 Lumberjack Landing Canoe Launch. Dock, Trail Slide $148,900 Lumberjack Landing Parking Lot ( north of Zephyr) $250,000 $250,000 Lumberjack Landing Picnic Shelter $260,000 $260,000 Lumberjack Landing Shoreline Stabilization $100,000 Lumberjack Landing Aiple House Renovation $1,300,000 Lumberjack Landing Vegetative Management $25,000 contingency Lumberjack Landing Total $2,190,060 $610,000 Lowell Park Gazebo $500,000 $500,000 Total Full Project Total $6 Million $5,950,060 $6,000,000 City of Stillwater, MN The City of Stillwater is planning several park improvements along the St. Croix River, adjacent to downtown Stillwater. Projects include: Bridgeview Park Bergstein Building Area Site Work, $1,933,187 North Access Drive and Parking Bridgeview Park Transient Boat Dock $3,041,546 Bridgeview Park South Boat Launch $1,421,083 Bridgeview Park Central Lawn Area $1,010,765 Bridgeview Park Shoddy Mill Rehab $1,200,000 Lumberjack Landing Spur Trail to Browns Creek $29,120 Lumberjack Landing River Edge Walk $106,160 Lumberjack Landing Canoe Launch, dock, trail slide $148,980 Lumberjack Landing Parking Lot (north of Zephyr) $150,000 Lumberjack Landing Picnic Shelter $260,000 Lumberjack Landing Shoreline Stabilization $1,000,000 Lumberjack Landing Aiple House Renovation $1,300,000 Lumberjack Landing Vegetative Management $165,000 Lumberjack Landing Contingency $238,429 /' / a • Lowell Park Gazebo lip $500,000 Project Locations I �6 1 s 1 95 `4, Stillwater �I DOWNTC �2;, STILLWA 5\ -_ 36 N ■ L About the City of Stillwater: The City of Stillwater was officially incorporated on March 4, 1854, making it one of ; Minnesota's oldest cities. Stillwater is often referred to as the "Birthplace ofMinnesota." ; Employment There are 910 businesses in the city that employ 11,770 workers. Most of the jobs are in public administration with 2,923 employees. Tourism & Recreation* Stillwater is a popular tourism destination with many year-round events, retail establishments, and historic interest. Tourism tax revenue accounts for 18% of Minnesota's tax revenue. Population The City of Stillwater's population is projected to grow to 20,161 by 2027. Retail Food service, accommodation, and retail trade businesses account for over 200 employers in the city with over 3,500 employees. Lumberjack Landing Bridgeview Park Regional Context Hugo May L 95 od 96 r, Grant Ir Wisconsin SpMgs 36 LLl Al r Baytown 95 Lake Elmo tle � Lakeland Woodbury 95 Afton Po a�x N ■ ■ Transportation ; Downtown Stillwater and ; the three park locations .1 : are connected to the ■ broader region along MN ■ State Hwy 95 that runs 4 north and south along the : St. Croix River. ' E"rm� an Households: Total Resident ■ : Non Residen : Com ters: ■ : Bridgeview Park Improvements Located south of downtown Stillwater, Bridgeview Park will provide boat docking and passive river recreation. 1 100 Year Floodplain (El. 693 Approx.) 2 Steep Slope 4 Historic Bergstein Buildings 6 Stormwater Treatment Pond (MnDOT) 't %8 North Access Drive (One-way Southbound) 11 Parking Lot C (Car Parking Only) 12 Trailhead Kiosk 14 Retaining Wall 15 Upper Loop Trail 10 16 Lower Loop Trail 17 Bike Trail (Downtown Approach) 18 Pedestrian River Promenade 21 Transient Dock 26 Lawn Area 31 Existing Parallel Parking along TH 95 Site Cross Section A Ilk Site Cross Section B .......... , 71 Site Cross Section C (VL MIT X.d '1TYWA;'-1 Site Cross Section D f/-T'r'.' T Site Cross Section E FR I dEIL lEL,11A, —1 Aj (Dd—y—ol E-11-11 Map Key 01!7; Bergstein Shoddy Mills Building Lumberjack LandingImprovements North of downtown along the Brown's Creek State Trail, Lumberjack Landing will provide passive walking trails and the first non -motorized paddle launch along the St. Croix National Scenic Riverway in the city. North Canoe Launch & Aiple Residence Focus Area OAccessible Canoe/Kayak Launch platform and beach for group launching OVendor area for rental of canoes/kayaks/ paddleboards OScull storage, Gathering space, and outdoor access to restrooms ORiver overlook and fishing platform © Vehicle turn -around and drop-off area OSpur trail access to Brown's Creek State Trail OPicnic shelter overlooking water flow from natural bluff runoff into pond © Trail bridge overlooking pond 1 water T H E B IRTHPLACE OF MINNESOTA DATE: June 611, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: 2024 Bonding Request Overview: Staff was notified by the MMB that preliminary submittals for the Capital Budgeting are due on June 16, 2023. The capital budget begins in odd -numbered years with the collection of requests from state agencies and local units of government. It is assumed a 50/50 state and local funding would be required if approved. The projects below have a funding source identified for the local 50% match, with the exception of the Rec Center Parking Lot expansion and Riverfront Parks. It should be noted that the local match for the Recreation Center Expansion is not from the city but a third party. Below is a list of potential requests that Staff has considered possible submittals All projects are shown at the 100% estimated cost: 1) Myrtle Street Reconstruction - $3.5 million 2) Downtown Street Lights - $3.6 million 3) Riverfront Parks Remainder - $6.5 million 4) St. Croix Rec Center Parking- $1.2 million 5) St. Croix Rec Center Expansion $20 million Attached is instructions from the MMB which provides a list of criteria that these requests would be evaluated against. Action Requested: Review and discuss potential 2024 MMB Capital Requests. Attachments: MMB Instructions and criteria MANAGEMENT AND BUDGET Memo Date: May 15, 2023 To: Officials of Local Governments and Political Subdivisions From: Jim Schowalter, Commissioner RE: 2024 Capital Budget Instructions I am pleased to present the 2024 Capital Budget Instructions. All local unit of government and political subdivision capital project requests are due to Minnesota Management and Budget (MMB) through CBS by June 16, 2023, and final edits are due October 13, 2023. Prosperity and opportunity for all people in all parts of our state stems from the well-being of their community. While communities across Minnesota may look different, many share the same goals and face the same challenges. Governor Walz's capital budget will continue to focus resources on the most critical projects and strategic investments across the state and give local leaders tools they need to succeed, with particular focus on projects that: • Address life and safety issues • Preserve existing infrastructure and repair existing facilities before starting new projects • Provide at least a 50% local match • Are proposed following community engagement • Have a local resolution of support from the governing body • Aid in making Minnesota the best state in the country for kids to grow up • Integrate climate preparedness and/or clean energy • Address and undo historical and systemic disparities and inequities, including those based on race, gender, veterans' status, geography, and economic status Key dates • June 16, 2023 — All local unit of government requests are due to MMB through CBS. • July 17, 2023 — MMB submits all local unit of government requests and state agency preliminary requests to the Legislature. • October 13, 2023 — Final edits to local government requests are due to MMB. o Note: After June 16, send any edits or updates to MMB's Capital Budget Coordinator, Marianne.Conboy@state.mn.us. • January 16, 2024 — Governor Walz submits his 2024 Capital Budget Recommendations to the Legislature and MMB publishes all requests. 1 How to Submit Your 2024 Capital Budget Request • Review the local government -specific Capital Budget Instructions posted on MMB's Capital Budget Instructions website. The website also includes answers to frequently asked questions about bonding including allowable uses of general obligation bond proceeds. • Check your local government's access to the Capital Budget System (CBS). If you have not yet verified access to CBS, email Budget.Finance.mmb@state.mn.us. • Review CBS training materials, including the User Guide and the new CBS training video, on the "Svstem Traininia Materials" section of MMB's CBS website for details about how to use the system. New in 2024 • A new "Capital Request Form" (PDF) is available on MMB's Capital Budget Instructions website to provide users the option to work on narratives and other information offline, before entry in CBS. • MMB will host a Q&A session for local governments on May 31 at 1 p.m. The session is designed to answer questions brought by local governments, after they have reviewed the 2024 Capital Budget Instructions, the FAQ website, and CBS training materials, including the training video. MMB will send a meeting invitation to CBS users. • Local governments that submit water infrastructure projects may be contacted for additional information about their project, in coordination with the Public Facilities Authority. Reminders Local governments should submit draft bill language for their requests using the "Upload Documents" screen in CBS by June 16. Local governments may choose to copy a previous year's project request narrative by using the "Copy Previous Requests" function in CBS. As with all 2024 requests, project costs must be entered in July 2023 dollars to use MMB's inflation schedule to add inflation costs. If a project from 2022 is copied over into 2024, you can escalate project costs by: • Identifying the 2022 project costs before inflation is included, which are in July 2021 dollars. • Adding 17% to those project costs, which brings amounts to July 2023 dollars. • Local units of government should either enter a mid -point of construction date in the Project Overview screen of CBS to add system -generated inflation or include inflation in the project costs and select the "Inflation Already Included" checkbox on the Project Overview screen. Updated construction inflation factor estimates are presented in Appendix 2 of the 2024 Local Unit of Government Capital Budget Instructions, based on various mid -point of construction dates. Do not use the capital budget request process for requests for assistance that could be funded through a state agency financial assistance program. If your request could be funded by an existing state grant program (such as local bridge or road repair, infrastructure redevelopment, flood mitigation, water/wastewater treatment systems, historic preservation, or trails), you should submit your request directly to the state agency that administers the relevant grant program. Capital projects funded from state general obligation bonds must comply with the Minnesota Constitution, which limits funding to projects that are publicly owned and provide a public purpose, and applicable federal tax law. All project requests must come from a political subdivision. Private individuals, businesses, and nonprofit organizations are not eligible to receive state general obligation bond financing. Applicants should be aware that bond proceeds may only be used for qualified capital expenditures, such as predesign/design expenses, construction, and acquisition or improvement of specific tangible long-lived fixed assets. General operating expenses such as services, programs, strategic planning, master planning, and moving and relocation costs are not bond -eligible expenses. Expenses that are not bond -eligible can be submitted as part of your request, but if you desire state monies to pay for those expenses, you will need to request cash appropriations from the general fund or other statefund. Projects that are considered for state funding should come with substantial financial commitments from the local government. Because competition for limited state resources will be very strong, MMB encourages local governments to be selective in their requests and propose only the most important project(s) with clear regional or statewide significance. A 50% non -state match from local governments is normally required. Separately, full funding must be in place in order for state funds to be released for a capital project. Questions? If you have questions about the capital budget process, requirements, or due dates, please contact MMB's Capital Budget Coordinator, Marianne Conboy (Marianne.Conboy@state.mn.us or 651-201-8189). If you have questions about CBS, including system access and system issues, please contact MMB Budget Operations (Budget.Finance. MMB@state.mn.us). Governor Walz and MMB appreciate your dedication in preparing timely and thoughtful requests. We look forward to discussing your projects. 3 Cite of ,*tifYivacter, fRinneota Ywdwnation WHEREAS, Nelson's Ice Cream has been an integral part of the Stillwater community since its inception in 1923 as the Seven Corners grocery store, and WHEREAS, the store has been a trailblazer, offering the area's first pasteurized milk and expanding to include 25- and 50-pound ice blocks and fireworks in the 1930s, and WHEREAS, Nelson's was rebranded as Nelson's Dairy Store in 1964 under the stewardship of Wade Nelson, introducing Stillwater to the generous two -scoop ice cream cones from Brown's Ice Cream in Minneapolis, a tradition it has upheld since, and WHEREAS, under the ownership of Bill Bergstrom and Dave Najarian since 2006, Nelson's Ice Cream continues to serve the community with exceptional quality and service, saving this historic gem from potential closure, and WHEREAS, Nelson's Ice Cream expanded to St. Paul in 2014, spreading the joy and tradition it embodies to a wider audience, under the management of Dave and Becky Najarian, which is in keeping with a long history of the Birthplace of Minnesota; and WHEREAS, Nelson's Ice Cream remains a family favorite in Stillwater, a source of cherished childhood memories, and a testament to our town's enduring spirit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater hereby congratulates Nelson's Ice Cream on its Centennial Anniversary, acknowledges the significant role it has played in our community, and expresses gra titu de for its service to the people of Stillwater. NOW, THEREFORE BE IT FURTHER RESOLVED, that I, Ted Kozlowski, Mayor of the City of Stillwater declare June 7, 2023, as Nelson's Ice Cream Day - in the City of Stillwater in honor of this historical and cherished institution and encourages all residents and visitors to join in the celebration of Nelson's Ice Cream's Centennial Anniversary, its contribution to our community, and its embodiment of our shared history and tradition. WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 6th day of June, 2023. ;�: •tom _Mayor NE�S�r``�� City of Stillwater, Minnesota Mayor Proclamation WHEREAS, the Stillwater Area High School Girls synchronized swimming team captured their 3rd straight Minnesota High School 4A State Championship on Friday, May 26, at the University of Minnesota's Jean K. Freeman Aquatic Center; and WHEREAS, their hard work and unity led the team to place first in 7 of 12 divisions, outdistancing competitors with a score of 146 points; and WHEREAS, this marks the 21st State Championship for the Stillwater Ponies, an accomplishment that pays tribute to their consistent commitment to the sport; and WHEREAS, the Long and Extended Divisions have shown particular prowess and mastery, displaying the versatility and depth of skill within the team; and WHEREAS, Sophia Chau, Isana Downing, Annie Gritters, Kate Jentink, Megan Johnson, Olivia Kuslich, Hailey Schmit, and Paige Schmit are to be commended for their remarkable performance in the Extended Team Division; and WHEREAS, the team has demonstrated the strength of character and dedication to academic excellence by achieving a Gold Academic Award with a team grade point average of over 3.8, a testament to their commitment on and off the stage; and WHEREAS, the City of Stillwater is proud of the exceptional accomplishments of its Synchronized Swimming Team, whose members serve as ambassadors of our community and as role models for future athletes; NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim Thursday, June 8, 2023 ~ Stillwater Area High School Girls Synchronized Swimming Day ~ in the City of Stillwater and encourage the citizens of Stillwater to recognize and celebrate the accomplishments of these talented athletes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 6th day of June, 2023. Cite of ,*tif Matter, fffinneota Proclamation WHEREAS, the history of Stillwater, the Twin Cities, and the state of Minnesota is interwoven with the history of freedom and the struggle against slavery and inequality; and WHEREAS, Juneteenth, also known as Freedom Day, commemorates the date of June 19,1865, when Union General Gordon Granger arrived in Galveston, Texas, and proclaimed the end of both the Civil War and slavery, two and a half years after the Emancipation Proclamation had formally freed slaves; and WHEREAS, this significant event brought liberation to the last of the enslaved, marking a true starting point of total freedom in the United States; and the people of Stillwater join with our fellow Minnesotans and Americans across the nation in recognizing this milestone in our country's history, acknowledging the enduring pain of slavery, and celebrating the triumph of the human spirit over the greatest of adversities; and WHEREAS, the enactment of HF 48, was signed into law by Governor Tim Walz, formally establishing Juneteenth as a state -recognized holiday in Minnesota, and a subsequent provision in HF 1830 adjusted the effective date to make the holiday required this year; and in honor of this important day, public business will not be conducted on June 19, in observance of this newly established holiday, thereby signifying our state's commitment to recognizing the importance of this date; and WHEREAS, Stillwater's courageous men many of whom were farmers, lumberjacks, and tradesmen, left their homes and families to join the First Minnesota Volunteer Infantry Regiment and were among the first troops offered to President Lincoln after his call for volunteers in 1861, playing a crucial role in pivotal battles such as Gettysburg highlighting Stillwater and Minnesota's unwavering commitment to the cause of Union, freedom, and the abolition of slavery; and WHEREAS, the memory of these brave men lives on in Stillwater's landmarks, like the Armory and the Grand Army of the Republic Hall, which are testaments to their sacrifice and their contribution to the Union's victory and the abolition of slavery. Stillwater, with its rich history and commitment to inclusivity and equity, is proud to observe Juneteenth, reflecting on its historical significance and reaffirming our commitment to ensure freedom and justice for all. NOW THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim June 19 as JUNETEENTH throughout the City, and I urge all the people of Stillwater to join in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 6th day of June, 2023. _Mayor l 1,1warer 216 4ch Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES May 16, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:01 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land Administrative Assistant Schmid Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Stillwater Police Department Oath of Duty Presentation - Sergeant Justin Dowley Police Chief Mueller gave the oath and his daughters pinned on his badge. Proclamation - Bike Month Rick Heidick, Sustainable Stillwater, reviewed Bike Month activities and thanked the Police Department for last week's Bike Rodeo. Mayor Kozlowski read a proclamation designating May 2023 as Bike Month. Proclamation - Gun Violence Awareness Dav Mayor Kozlowski read a proclamation declaring June 2 to be National Gun Violence Awareness Day. OPEN FORUM Rob San Cartier, 216 Owens Street South, voiced concerns about cyclists on the roads, having a school downtown, yard parking, and his work van being ripped off two years ago. Becci Dawson Cox informed the Council of the Trillium Garden Club Party on May 22 and a forthcoming plan to renovate the Henry Clay Farmer Sunken Garden. City Council Meeting May 16, 2023 STAFF REPORTS Public Works Director Sanders stated the flood berm will be removed this week and MnDOT will remove barriers from the bridge. Chestnut Plaza work has resumed and should be open by July 4 with the project completed by the end of September. Police Chief Mueller addressed internal operations, public safety funding possibilities, and thanked Community Resource Officer Brad Junker and participating organizations for a successful Bike Rodeo. He informed the Council of a lateral hire, Officer Jerome Carey. Fire Chief Glaser stated the department boat is in the water. Personnel will participate in the annual school patrol picnic and Meals from the Heart food packing competition on May 17. Finance Director Provos gave a Civic Systems new software update. Community Development Director Gladhill updated the Council on downtown parking going live June 1; Chapel Hill Flats; River Grove School; Sundance Stillwater and other projects. City Administrator Kohlmann presented the City's 2022 Annual Report. CONSENT AGENDA May 2, 2023 Workshop and Regular Meeting Minutes Payment of Bills Building Department Request for Service Agreement with MNSPECT, LLC Law Enforcement Labor Services Memorandums of Agreement - Resolution 2023- 076 and Resolution 2023-077 Off -Sale Liquor License for Mistral Wine Co dba So What Wine - Resolution 2023-078 Public Works Reroof Project Contract Agreement for Design Services Site Lease Agreement with Washington County for a Tower at 2001 Willard Street Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Amending City Code Sections 31-101. 31-300 through 31-315. 31-501 and 31-502 regarding Accessory Uses and Structures in residential districts - Ordinance 1st Reading Community Development Director Gladhill stated that over the past year, the Planning Commission has continued to review changes to the Accessory Structure Regulations. The City Council reviewed and generally concurred with the preliminary amendments in early 2022. On April 26, 2023, the Planning Commission reviewed the updated amendment and recommends approval to the City Council. He summarized the changes. Mayor Kozlowski opened the public hearing. There were no public comments and the public hearing was closed. Motion by Councilmember Collins, seconded by Councilmember Junker, to approve first reading of an Ordinance Amending City Code Sections 31- 101, 31-302 through 31-315, and Section 31-501 through 31-503 regarding accessory structures and garages. All in favor. Page 2 of 3 City Council Meeting May 16, 2023 Amending City Charter Article III section 3.01 Elective Officers, Article IV section 4.06 Elections, Article V section 5.05 Council meeting records, and Article V section 5.06 Holding other offices - Ordinance 1st Reading City Attorney Land stated that as part of the City Code revision process, a few items were found in the City Charter that should be amended. She reviewed the changes. The Charter Commission recommends approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve first reading of an Ordinance Amending the Charter of the City of Stillwater. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Councilmember Junker noted the passing of Sean Hade, former Planning Commissioner. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:07 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2023-076, Approving Non -Base Lump Sum Payment for New Police Officers Resolution 2023-077, Approving Lateral Hire Service Credit for Newly Hired Police Officers Resolution 2023-078, Approving Issuance of New Off -Sale Liquor License to Mistral Wine Co LLC, dba So What Wine Page 3 of 3 Page 1 CITY OF STILLWATER LIST OF BILLS Action Rental Inc. Lift rental 2,840.84 Advance Auto Parts Equipment repair supplies 478.53 AIM Electronics Inc. Start-stops 187.91 Alert 360 Alarm Monitoring Services 110.37 American Pump Company Pump rentals 44,684.00 Ammonia House Inc. Equipment repair supplies 11,179.66 Ancom Communication Inc. APX RSM 303.28 Aspen Mills Badges 326.20 AutoNation Auto supplies 124.59 Backgroundchecks.com Background checks 289.20 BCA Training Training 515.00 Beehive Industries LLC License Subscription 31,363.00 Bolton & Menk Inc. Professional services 3,842.50 Boyer Trucks - Minneapolis Fuel Tank 222.68 Brady Doug Reimburse for mileage to pick up parts 123.14 Calibre Press Tactical Leadership 199.00 CDW Government Inc. USB charging hub 100.89 Central Wood Products Mulch 1,529.00 Century Link Telephone 403.21 Cintas Corp - Medical First Aid Supplies 158.53 Cintas Corporation Uniforms & towels 340.61 City of St. Paul Firearms Instructor course 400.00 Clifton LarsonAllen LLP Audit 29,400.00 Comcast TV Internet & Voice 1,483.82 Concrete Cutting & Coring Chain loop minus sales tax 22.99 Cornerstone Land Surveying Land surveying 2,012.50 Corval Constructors Equipment repair 35,846.18 Cub Foods Donuts & water 10.48 Cummins Sales & Service Vehicle repair 4,484.63 Custom Fire Apparatus Labor paint 1,400.00 Daigle Law Group LLC Training 2,255.00 Dalco Supplies 22.27 Dreamseat Zipit panels 411.87 ECM Publishers Public Hearing Publications 67.50 Emergency Automotive Equipment repair 48.94 Emergency Medical Products Heartstart pads 239.96 Epson LabelWorks Store Matte pet tape 79.02 Flexible Pipe Tool & Equipment Manhole hook & hammer 737.10 Foxit Software Inc Foxit PDF Editor 1,024.10 Gertens Wholesale Flowers 1,303.73 Golden Expert Services Janitor Service 4,000.00 Goodyear Commercial Tire Tires 584.00 Grainger Supplies & tools 1,909.30 Group Medicareblue RX Retiree Prescriptions Ins 11,280.00 Guardian Supply Uniforms & supplies 8,403.23 Haussner Plumbing LLC Plumbing repair 1,167.00 Hawkins Inc Chlorine cylinders 170.33 Helkes Tree Service Tree removal 3,400.00 Page 2 HKGi Lumberjack Landing Improv 13,281.11 Hotsy Equipment of Minnesota Truck wash 380.74 Huebsch Service Mat cleaning service 729.32 Ice Sports Industry Skater Membership 434.00 International Code Council IPMC book 47.50 Jefferson Fire and Safety Inc. Gate valve & supplies 531.97 JP Enterprises Inc Rifles 4,911.42 Junker Brad Reimburse for Bike Rodeo expenses 129.59 Kraus-Anderson Space Needs Study 87,933.00 Lake Country Door LLC Re-level door 280.00 Lano Equipment Equipment repair supplies 38.82 League of MN Cities Ins Tr Insurance Claims 930.09 Linde Gas & Equipment Cylinders 65.42 Lindstrom Solar LLC Solar Energy 6,556.78 LMT Defense Rifle parts 344.50 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Lor Lee Refund of parking permits no longer needed 420.00 LRE Water NML Groundwater Model Review 6,994.00 MacLean Enterprises UnderFence 3,352.50 Mansfield Oil Company Fuel 12,372.11 McBroom Laura Reimburse for travel expenses for conference 107.93 Menards Supplies 2,446.89 Mercury Electric Replace can lights 554.39 Metropolitan Council Monthly SAC 12,300.75 Metropolitan Council Env Srv Permit Fee 425.00 Miller Excavating 2021 Street Project 5,333.20 Minnesota Sheriffs Association Online Background Investigation Training 1,200.00 MJs Contract Appliance Inc Dishwasher 549.00 MN Dept of Health Drinking Water Water Connection Fee 15,624.00 MN Dept of Transportation Traffic signal maint 1,059.79 NAPA Auto Parts LED clamp 99.68 Northern Tool - White Bear Lake Tools 117.95 Nuss Truck & Equipment Fleet repair supplies 74.18 O'Neill Electric Electrical repairs 2,803.06 Otis Elevator Company Elevator repair Ramp 975.00 Pioneer Press St. Paul Subscription - Joe 335.80 PreCise LLC Force America Inc 5mb Flat Data Plan 340.00 Pullen Annette Marie Therapy 110.00 Quadient Leasing Postage machine lease 455.01 Quill Corporation Office supplies 403.62 Regions Hospital Basic Life Support Instructor Course 525.00 Riedell Shoes Inc. Skates 545.47 Ries Farms LLC Dirt disposal 829.52 RSCS LLC Consulting services 5,000.00 Safe Fast Inc Supplies 288.36 Safety Signs Signs 1,846.45 SEH Inc Downtown lighting project 10,002.29 Sentry Systems Inc. Alarm monitoring 140.85 Siegfried Construction Company George Well 11 repairs 7,400.00 Spartan Promotional Group No Parking signs 276.13 Page 3 SPS Marketing Firearm cleaning supplies 188.67 St. Croix Recreation Fun Playgrounds Special head shackle rev thrds 1,424.60 Stillwater Motor Company Vehicle service 121.22 Street Cop Training Pro-Active Patrol Tactics -Ramirez 299.00 Street Smart Security camera trailer 1,920.00 T.A. Schifsky and Sons Aggregate 5,839.68 Tessman Seed Co. St. Paul Supplies 1,058.30 Titan Machinery Shakopee Mounting 370.51 TKDA Chestnut St Civic Plaza 2,769.81 T-Mobile USA Tower dump 25.00 Toll Gas and Welding Supply Cylinders 48.11 Tri-State Bobcat 2023 Toro 96 Z Master 7500D 25,867.88 Tru Green Lawn Services 252.00 Turnbull Sean Reimburse for damage to invisible fence 243.58 Uline Inc Tool battery & LED strip lights & janitorial supplies 1,807.22 Verizon Wireless Wireless Service 3,654.05 Walmart Community Supplies 605.90 Washington County Public Works Actual review credit 85.95 Washington County Road & Bridge Traffic services 73.29 Wille Josh Reimburse for work boots 225.00 Wolf Beth Reimburse for mileage & parking for conference 181.00 Wolf Marine Inc. 2023 Summer Lease 2nd half 3,000.00 WSB & Associates Inc. MS4 Services 759.00 Ziegler Inc. Equipment & supplies 448.39 LIBRARY 16 Wins Website Maintenance 380.00 A&K Construction Patio areas, roof, & sod 66,888.00 Amazon Business Materials & supplies 962.43 Baker and Taylor Materials 9.33 Bibliotheca LLC Maint Agreement - Sorter 10,447.15 Blackstone Publishing Materials 297.53 Chan Karen Programs 780.00 Comcast Internet - May 188.10 Huebsch Service Towels & Rugs 229.74 Koegel Christian M Materials 208.00 Master Mechanical Inc. Spring Cooling Startup 1,332.50 Menards Janitorial Supplies 170.13 Nardini Fire Equipment Fire Inspection 304.84 Office of MN IT Services Phone - April 148.35 Otis Elevator Company Elevator Main agreement 6/23-8/23 638.34 Playaway Products Materials 59.99 Scholastic Inc Programs 178.50 Stillwater Printing Co. Programs 89.95 Wahoo Adventures Programs 90.00 Page 4 APRIL & MAY CREDIT CARDS Advanced Graphics Programs 176.95 Alamo Rent-A-Car Car rental for boat inspection 317.74 Allianz Global Assistance Travel insurance 27.00 Amazon.com Tools and supplies 1,920.68 American Heart Assoc CPR Materials 40.80 American Planning Association Professional development mobile workshop 95.00 Appliance Parts Pros Dishwasher parts 44.45 Badgeandwallet.com Ribbon bars 46.00 Best Western Kelly Inn Lodging MCFOA Conference - Wolf 245.52 Best Western Plus Parry Hotel for boat inspection 115.40 Black Mask Dives Dive harness 119.90 Columbia Southern Fire behavior class 760.00 Constant Contact Constant Contact Licensing 90.00 Courtyard by Marriot Lodging for SOTA Conference 689.34 DECC Parking for conference in Duluth 20.00 Delta Air Air travel for boat inspection 280.20 Docsketch Document signing application 96.00 Dominos Pizza Meals during boat inspection trip 13.08 Dream Host Website Hosting 39.90 Equally Al Website Accessibility Tool 279.00 Fleet Farm Work light saw power supply 319.97 GoDaddy.com Wild Card Subscription 899.98 Harbor Freight Tools and equipment 935.72 Holiday Inn Duluth Hotel for MCPA conference 363.72 Holiday Station Stores Fuel for drive to conference 57.45 Houle's Spikes Bales of hay 43.98 IIMC CMC Admission Fee 50.00 Keeper Security 5 licenses to evaluate new password manager 126.00 Kwik Trip Car washes 150.00 Lakeshore Learning Materials Children's Room Equipment 673.74 LED Light Expert New RGBW lights for exterior of building 1,543.41 MN AWWA 2023 Water Operator School 600.00 MN Concrete Council Moisture in Concrete meeting- Mike Eng 40.00 MN Crime Prevention Assn Active Shooter training 175.00 MN Dept of Labor and Industry Building Official License renewal 65.00 MN Government Finance Officers Membership 70.00 MN State Colleges & Univ. MCFOA Conference & MMCI Institute 815.00 Multi-Regional Training Center CPR Recertification 180.00 Office Max Downtown Parking Workshop supplies 6.79 PDQ.com PDQ remote agent for remote laptops 180.00 Pengad.com Special envelopes for evidence 128.71 Post Board Post license renewals 810.00 Shell Canada Fuel for boat inspection 49.88 Southwest Airlines Air travel for fire boat inspection 497.98 Star Tribune Online article 2.00 Stillwater Post Office Postage to mail 1095s 12.55 Subway Sandwiches for officers working OIS 222.83 Page 5 Sudz Car Wash Clean squad to reissue to new patrol captain 34.36 Sunoco Fuel 40.31 US Postal Service Postage Stamps 128.20 Valley Bookseller Programs 25.00 Viking Blinds New blinds for 213 4,489.78 Walmart Gift cards recycling coloring contest winners 530.58 X-Grain Sportswear Fire uniform 300.00 APRIL & MAY MANUALS AT&T Mobility Cell Phone & Locator 128.05 Marie Ridgeway Therapy 90.00 MP Nexlevel Locating 356.55 US Postal Service Postage for postage machine 7,000.00 ADDENDUM A&K Construction Library painting, caulking & tuckpointing 33,378.00 AT&T Mobility FirstNet Locator 38.23 League of MN Cities Respect at Work 15.00 Northeast Snow Grooming Supply Ginzu with Tracksetter & Wings 8,425.00 Okeefe Shannon Refund of park reservation 100.00 Peachiie Marketing Social Media Management 1,200.00 Roettger Home Improvement Refund plan review over payment 571.83 Trenda Danielle Refund of park reservation 45.00 Xcel Energy Energy 67,427.84 TOTAL 700,153.05 Adopted by the Stillwater City Council this 6th day of June, 2023 Mayor Ted Kozlowski Page 1 CITY OF STILLWATER LIST OF BILLS Action Rental Inc. Lift rental 2,840.84 Advance Auto Parts Equipment repair supplies 478.53 AIM Electronics Inc. Start -stops 187.91 Alert 360 Alarm Monitoring Services 110.37 American Pump Company Pump rentals 44,684.00 Ammonia House Inc. Equipment repair supplies 11,179.66 Ancom Communication Inc. APX RSM 303.28 Aspen Mills Badges 326.20 AutoNation Auto supplies 124.59 Backgroundchecks.com Background checks 289.20 BCA Training Training 515.00 Beehive Industries LLC License Subscription 31,363.00 Bolton & Menk Inc. Professional services 3,842.50 Boyer Trucks - Minneapolis Fuel Tank 222.68 Brady Doug Reimburse for mileage to pick up parts 123.14 Calibre Press Tactical Leadership 199.00 CDW Government Inc. USB charging hub 100.89 Central Wood Products Mulch 1,529.00 Century Link Telephone 403.21 Cintas Corp - Medical First Aid Supplies 158.53 Cintas Corporation Uniforms & towels 340.61 City of St. Paul Firearms Instructor course 400.00 Clifton LarsonAllen LLP Audit 29,400.00 Comcast TV Internet & Voice 1,483.82 Concrete Cutting & Coring Chain loop minus sales tax 22.99 Cornerstone Land Surveying Land surveying 2,012.50 Corval Constructors Equipment repair 35,846.18 Cub Foods Donuts & water 10.48 Cummins Sales & Service Vehicle repair 4,484.63 Custom Fire Apparatus Labor paint 1,400.00 Daigle Law Group LLC Training 2,255.00 Dalco Supplies 22.27 Dreamseat Zipit panels 411.87 ECM Publishers Public Hearing Publications 67.50 Emergency Automotive Equipment repair 48.94 Emergency Medical Products Heartstart pads 239.96 Epson LabelWorks Store Matte pet tape 79.02 Flexible Pipe Tool & Equipment Manhole hook & hammer 737.10 Foxit Software Inc Foxit PDF Editor 1,024.10 Gertens Wholesale Flowers 1,303.73 Golden Expert Services Janitor Service 4,000.00 Goodyear Commercial Tire Tires 584.00 Grainger Supplies & tools 1,909.30 Group Medicareblue RX Retiree Prescriptions Ins 11,280.00 Guardian Supply Uniforms & supplies 8,403.23 Haussner Plumbing LLC Plumbing repair 1,167.00 Hawkins Inc Chlorine cylinders 170.33 Helkes Tree Service Tree removal 3,400.00 Page 2 HKGi Lumberjack Landing Improv 13,281.11 Hotsy Equipment of Minnesota Truck wash 380.74 Huebsch Service Mat cleaning service 729.32 Ice Sports Industry Skater Membership 434.00 International Code Council IPMC book 47.50 Jefferson Fire and Safety Inc. Gate valve & supplies 531.97 JP Enterprises Inc Rifles 4,911.42 Junker Brad Reimburse for Bike Rodeo expenses 129.59 Kraus -Anderson Space Needs Study 87,933.00 Lake Country Door LLC Re -level door 280.00 Lano Equipment Equipment repair supplies 38.82 League of MN Cities Ins Tr Insurance Claims 930.09 Linde Gas & Equipment Cylinders 65.42 Lindstrom Solar LLC Solar Energy 6,556.78 LMT Defense Rifle parts 344.50 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Lor Lee Refund of parking permits no longer needed 420.00 LRE Water NML Groundwater Model Review 6,994.00 MacLean Enterprises UnderFence 3,352.50 Mansfield Oil Company Fuel 12,372.11 McBroom Laura Reimburse for travel expenses for conference 107.93 Menards Supplies 2,446.89 Mercury Electric Replace can lights 554.39 Metropolitan Council Monthly SAC 12,300.75 Metropolitan Council Env Sry Permit Fee 425.00 Miller Excavating 2021 Street Project 5,333.20 Minnesota Sheriffs Association Online Background Investigation Training 1,200.00 MJs Contract Appliance Inc Dishwasher 549.00 MN Dept of Health Drinking Water Water Connection Fee 15,624.00 MN Dept of Transportation Traffic signal maint 1,059.79 NAPA Auto Parts LED clamp 99.68 Northern Tool - White Bear Lake Tools 117.95 Nuss Truck & Equipment Fleet repair supplies 74.18 O'Neill Electric Electrical repairs 2,803.06 Otis Elevator Company Elevator repair Ramp 975.00 Pioneer Press St. Paul Subscription -Joe 335.80 PreCise LLC Force America Inc 5mb Flat Data Plan 340.00 Pullen Annette Marie Therapy 110.00 Quadient Leasing Postage machine lease 455.01 Quill Corporation Office supplies 403.62 Regions Hospital Basic Life Support Instructor Course 525.00 Riedell Shoes Inc. Skates 545.47 Ries Farms LLC Dirt disposal 829.52 RSCS LLC Consulting services 5,000.00 Safe Fast Inc Supplies 288.36 Safety Signs Signs 1,846.45 SEH Inc Downtown lighting project 10,002.29 Sentry Systems Inc. Alarm monitoring 140.85 Siegfried Construction Company George Well 11 repairs 7,400.00 Spartan Promotional Group No Parking signs 276.13 Page 3 SPS Marketing Firearm cleaning supplies 188.67 St. Croix Recreation Fun Playgrounds Special head shackle rev thrds 1,424.60 Stillwater Motor Company Vehicle service 121.22 Street Cop Training Pro -Active Patrol Tactics -Ramirez 299.00 Street Smart Security camera trailer 1,920.00 T.A. Schifsky and Sons Aggregate 5,839.68 Tessman Seed Co. St. Paul Supplies 1,058.30 Titan Machinery Shakopee Mounting 370.51 TKDA Chestnut St Civic Plaza 2,769.81 T-Mobile USA Tower dump 25.00 Toll Gas and Welding Supply Cylinders 48.11 Tri-State Bobcat 2023 Toro 96 Z Master 7500D 25,867.88 Tru Green Lawn Services 252.00 Turnbull Sean Reimburse for damage to invisible fence 243.58 Uline Inc Tool battery & LED strip lights & janitorial supplies 1,807.22 Verizon Wireless Wireless Service 3,654.05 Walmart Community Supplies 605.90 Washington County Public Works Actual review credit 85.95 Washington County Road & Bridge Traffic services 73.29 Wille Josh Reimburse for work boots 225.00 Wolf Beth Reimburse for mileage & parking for conference 181.00 Wolf Marine Inc. 2023 Summer Lease 2nd half 3,000.00 WSB & Associates Inc. MS4 Services 759.00 Ziegler Inc. Equipment & supplies 448.39 LIBRARY 16 Wins Website Maintenance 380.00 A&K Construction Patio areas, roof, & sod 66,888.00 Amazon Business Materials & supplies 962.43 Baker and Taylor Materials 9.33 Bibliotheca LLC Maint Agreement - Sorter 10,447.15 Blackstone Publishing Materials 297.53 Chan Karen Programs 780.00 Comcast Internet - May 188.10 Huebsch Service Towels & Rugs 229.74 Koegel Christian M Materials 208.00 Master Mechanical Inc. Spring Cooling Startup 1,332.50 Menards Janitorial Supplies 170.13 Nardini Fire Equipment Fire Inspection 304.84 Office of MN IT Services Phone - April 148.35 Otis Elevator Company Elevator Main agreement 6/23-8/23 638.34 Playaway Products Materials 59.99 Scholastic Inc Programs 178.50 Stillwater Printing Co. Programs 89.95 Wahoo Adventures Programs 90.00 Page 4 APRIL & MAY CREDIT CARDS Advanced Graphics Programs 176.95 Alamo Rent-A-Car Car rental for boat inspection 317.74 Allianz Global Assistance Travel insurance 27.00 Amazon.com Tools and supplies 1,920.68 American Heart Assoc CPR Materials 40.80 American Planning Association Professional development mobile workshop 95.00 Appliance Parts Pros Dishwasher parts 44.45 Badgeandwallet.com Ribbon bars 46.00 Best Western Kelly Inn Lodging MCFOA Conference - Wolf 245.52 Best Western Plus Parry Hotel for boat inspection 115.40 Black Mask Dives Dive harness 119.90 Columbia Southern Fire behavior class 760.00 Constant Contact Constant Contact Licensing 90.00 Courtyard by Marriot Lodging for SOTA Conference 689.34 DECC Parking for conference in Duluth 20.00 Delta Air Air travel for boat inspection 280.20 Docsketch Document signing application 96.00 Dominos Pizza Meals during boat inspection trip 13.08 Dream Host Website Hosting 39.90 Equally Al Website Accessibility Tool 279.00 Fleet Farm Work light saw power supply 319.97 GoDaddy.com Wild Card Subscription 899.98 Harbor Freight Tools and equipment 935.72 Holiday Inn Duluth Hotel for MCPA conference 363.72 Holiday Station Stores Fuel for drive to conference 57.45 Houle's Spikes Bales of hay 43.98 IIMC CIVIC Admission Fee 50.00 Keeper Security 5 licenses to evaluate new password manager 126.00 Kwik Trip Car washes 150.00 Lakeshore Learning Materials Children's Room Equipment 673.74 LED Light Expert New RGBW lights for exterior of building 1,543.41 MN AWWA 2023 Water Operator School 600.00 MN Concrete Council Moisture in Concrete meeting- Mike Eng 40.00 MN Crime Prevention Assn Active Shooter training 175.00 MN Dept of Labor and Industry Building Official License renewal 65.00 MN Government Finance Officers Membership 70.00 MN State Colleges & Univ. MCFOA Conference & MMCI Institute 815.00 Multi -Regional Training Center CPR Recertification 180.00 Office Max Downtown Parking Workshop supplies 6.79 PDQ.com PDQ remote agent for remote laptops 180.00 Pengad.com Special envelopes for evidence 128.71 Post Board Post license renewals 810.00 Shell Canada Fuel for boat inspection 49.88 Southwest Airlines Air travel for fire boat inspection 497.98 Star Tribune Online article 2.00 Stillwater Post Office Postage to mail 1095s 12.55 Subway Sandwiches for officers working OIS 222.83 Sudz Car Wash Clean squad to reissue to new patrol captain 34.36 Page 5 Sunoco Fuel 40.31 US Postal Service Postage Stamps 128.20 Valley Bookseller Programs 25.00 Viking Blinds New blinds for 213 4,489.78 Walmart Gift cards recycling coloring contest winners 530.58 X-Grain Sportswear Fire uniform 300.00 APRIL & MAY MANUALS AT&T Mobility Cell Phone & Locator 128.05 Marie Ridgeway Therapy 90.00 MP Nexlevel Locating 356.55 US Postal Service Postage for postage machine 7,000.00 1 Water _1 THE BIRTHPLACE OF MINNES O T A DATE: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Yasmine Robinson, Planning Manager SUBJECT: Church of St. Michael Event Permit and Temporary Outdoor Liquor License — Solanus Fest BACKGROUND The City has received an Event Application for an event open to the public fully on private property. The Church of St. Michael (611 3rd Street South) is planning to host an event featuring games, food and beverages, crafts, and live music. The event is scheduled for July 30th from 12-5 PM with set-up and tear -down taking place on the same day. Additional details are in the attached Application. RECOMMENDATION Staff recommends approval of the Event Permit and Temporary Liquor License contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to approve the Event Permit and Temporary On -Sale Liquor License to Church of St. Michael for June 30, 2023. • EVENTS PERMIT APPLICATION ate1. 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 THE 61ATNPLeCE OF MINNElOTrt 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: May 22 2023 Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Solanus Fest Event Date/Time: Setup: Date 07/30/2023 Actual Event: Date 07/30/2023 Clean up: Date 07/30/2023 Time 8a to 12p Time 12p to 5p Time 5p to 7p (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) Church of St. Michael 611 South 3rd Street, Stillwater, MN 55082 Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Food, beverages, beer, kids games, raffle, farmers market, craft fair, roaming fiddler and Blue Grass concert in the church Estimated Attendance (participants and spectators): Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Church of St. Michael Mailing Address: 611 South 3rd Street City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Liz Junker Phone Number: 651-439-4400 ext 277 Fax: Cell Phone: Email Address: Ijunker@costm.org Website Address: stmichaelandstmarystillwater.org Name of contact person during event: Erin Lisle Cell Phone: Alternate contact during event: Cell Phone: Refer media or citizens inquires to: Erin Lisle Phone: Will portable restrooms be needed? No K Yes ❑ Number needed: Fees may apply see Instructions Will extra trash receptacles be needed? No ® Yes ❑ Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Will event need traffic control? No ® Yes ❑ Contact Stillwater Police Deportmentfor assistance, 651-351-490D Describe crowd control procedure to ensure the safety of participants and spectators: Will "No Parkin Signs" be needed? No Yes g g ® ❑ Number needed: 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: have kits for minor incidents or call 911 if larger emergency Describe the emergency action plan if severe weather should arise: will cancel event if there is inclement weather or move the event inside the building List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear. " As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the City of S 7lwater and is a eleas�LiabAility. ` 25��—Xr,�E Signature o Applicant or Authorilid Agent Date t lk Arm -at I Ory 10 wil TT-777�' rr co ho sf-v is .,, �} � �1 � c.p nsump-h �n w � I i b�. C( City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION APPROVING EVENT AND TEMPORARY ON -SALE OUTDOOR LIQUOR LICENSE WHEREAS, a request from the Church of St. Michael has been received to hold an event in the adjacent parking of the building as a temporary on -sale liquor license premise located outdoors at 611 3rd Street South; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and BE IT RESOLVED, that the Stillwater City Council hereby approves the temporary on -sale liquor license located at 611 3rd Street South, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 3. The event holder must ensure that alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 4. Hours of operation for the outdoor service in the temporary premise space shall occur during event hours only for the outdoor event on July 30, 2023. Adopted by the Stillwater City Council this 6th day of June 2023. A 11 WK67;'I I 1"TiTI-11% 111 4:7 Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Sji Water The Birthplace of Minnesota J DATE: May 12, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: 2nd Reading on the Revisions to City Charter As part of the City Code revision process, a few items should be amended and they are: 1. Under Article III Elective Officers 3.01 Council composition and election, the first sentence of paragraph a. General Requirements should be updated to reflect the current rule for redistricting. a. General Requirements. The Charter Commission, later thou May 10, 1992-er within forty-five (45) days after the Legislature has next redistricted, `"'hinheyer is first, shall divide the City into wards. The first and last sentence of paragraph b. Redefining Ward Boundaries should be changed to reflect State Statute 410.12 subd. 7. b. Redefining Ward Boundaries. The Charter Commission, by Fesely Linn, may redefine ward boundaries subject to the limitations and restrictions of State Statute. Within forty-five (45) days after the official certification of each federal decennial or special census, the Charter Commission shall either confirm the existing ward boundaries as conforming to the standards of Subd. 3.01.a. or redefine ward boundaries to conform to those standards. Any action establishing new ward boundaries shall apply to the first election held after establishment of the new boundaries. No established division or redivision of the City into wards shall be made until the Charter Commission has hold a p blin hearing after fish\ weeks' published RetiGe. recommends to the City Council to enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. 2. Keep all election items together, move Chapter 21, Section 21-11 Election Wards in its entirety to the end of Article IV Elections in Chapter 1 of the City Charter. 3. In Section 5.05 Council meeting records, a title correction needs to be fixed: It is hereby made the duty of the Mayor, or in the case of the Mayor's absence or disability the vice-fireside-RtMayor, to sign the Clerk's records of the proceedings of each meeting of the Council, when the record has been presented for signature. 4. In Section 5.06 Holding other offices there is a double entry in the first sentence. No member of the Council shall hold any other City employment or employment or be a member of the Library Board. ACTION REQUIRED The City Council should review the above suggested revisions to the City Charter and make a motion to approve the Second Reading of the attached ordinance amendment to the City Charter. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1201 AN ORDINANCE AMENDING THE SECTION 3.01, COUNCIL COMPOSITION AND ELECTION; SECTION 406 ELECTION WARDS; AND SECTION 505, COUNCIL MEETINGS OF THE CHARTER OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Code Article III section 3.01 is hereby amended as follows: 3.01. — Council composition and election. The Council shall be composed of a Mayor, who shall be elected at large, and four Councilmembers, who shall be elected by wards. Each Councilmember shall be a resident of the ward from which he or she is elected and shall serve for a term of four years and until a successor is elected and qualifies. The Mayor shall serve for a term of four years and until a successor is elected and qualifies. Elective officers whose terms have not expired at the time of the first election following the adoption of this Charter provision shall continue to hold office until the expiration of the term for which originally elected. a. General Requirements. The Charter Commission, within forty-five (45) days after the Legislature has next redistricted, shall divide the City into wards. Wards shall be as equal in population as practicable and each ward shall be composed of a compact, contiguous territory. The City Council shall assign one encumbent Councilmember to each of the newly created wards. If the City Council shall fail to assign a Councilmember within forty-five (45) days after a ward is created, the Charter Commission shall make the assignment. This assignment shall not disqualify an incumbent Councilmember who does not reside within the ward to which he or she is assigned from completing the term for which the Councilmember is elected, and for one additional term beyond the term of initial assignment. Thereafter, each Councilmember shall be a resident of the ward from which the Councilmember is elected, except that a change in ward boundaries shall not disqualify a Councilmember from serving out the remainder of a term. All vacancies on the Council, however created, shall be filled by a person who resides in the ward to which he or she is appointed. b. Redefining Ward Boundaries. The Charter Commission, may redefine ward boundaries subject to the limitations and restrictions of State Statute. Within forty- five (45) days after the official certification of each federal decennial or special census, the Charter Commission shall either confirm the existing ward boundaries as conforming to the standards of Subd. 3.01.a. or redefine ward boundaries to conform to those standards. Any action establishing new ward boundaries shall apply to the first election held after establishment of the new boundaries. No established division or redivision of the City into wards shall be made until the Charter Commission recommends to the City Council to enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. SECTION 2 AMENDING. That the Stillwater, Minnesota City Code Article IV is hereby amended by adding a section to be numbered 4.06, which section reads as follows: 4.06. - Election wards. The city is divided into election precincts as are legally described in the following subdivisions: Subd. 1. Precinct 1 (Ward 1). All properties within the Corporate limits of the City of Stillwater beginning at the point of intersection of the centerlines of TH 36 and County Road 5 (also known as Stillwater Boulevard) and heading North easterly along the centerline of County Road 5 to the centerline of Pine Street. Thence Easterly along the centerline of Pine Street to the centerline of Second Street. Thence Northerly along the centerline of Second Street to the centerline of Nelson Street. Thence Easterly along the centerline of Nelson Street to the shoreline of the Saint Croix River and said line there terminating. Subd. 2. Precinct 2 (Ward 2). All properties within the Corporate limits of the City of Stillwater lying Southeasterly of the following described beginning at point centerline of County Road 5 (also known Owens Street and Stonebridge Trail) 1,050 feet from the Centerline of Hwy 96 (also known as Dellwood Road) heading Southerly along the centerline of County Road 5 to the centerline of Myrtle Street (also known as County Road 12). Thence Westerly along the centerline of Myrtle Street to the centerline Brick Street. Thence Southerly along the centerline of Brick Street to the centerline of County Road 5 (also known as Stillwater Boulevard and Olive Street). Thence Westerly and South westerly along the centerline County Road 5 to the centerline Pine Street. Thence Easterly along the centerline of Pine Street to the centerline of Second Street. Thence Northly along the centerline of Second Street to the centerline of Nelson Street. Thence Easterly along the centerline Nelson Street to the shoreline of the Saint Croix River and said line there terminating. Subd. 3. Precinct 3 (Ward 3). All properties within the Corporate limits of the City of Stillwater lying west of County Road 5 (also known as North Owens Street and Stonebridge Trail) and North of County Road 12 (also known as West Myrtle Street and 75 th Street N.). Subd. 4. Precinct 4 (Ward 4). All properties within the Corporate limits of the City of Stillwater beginning at the point of intersection of the centerlines of County Road 12 (also known as West Myrtle Street) and Brick Street. Thence Southerly along the centerline of Brick Street to the centerline of County Road 5 (also known as West Olive Street and Stillwater Boulevard). Thence Westerly and Southerly along the centerline County Road 5 to centerline of TH 36. Thence Westerly along centerline of TH 36 to centerline of County Road 15 (also known as Manning Avenue). Thence Northerly along centerline of County Road 15 to the centerline of County Road 12 (also known as Myrtle Street). Thence Easterly along centerline of County Road 12 to centerline of Brick Street and said line there terminating. Also said Precinct 4 (Ward 4) shall include the following parcel south of Hwy 36 along Manning Avenue: all that part of the Southwest'/4 of the Northwest'/4 and of the Northwest'/4 of the Northwest'/4 of Section 2 6, Township 29, Range 20 that lies northerly of the following described line: commencing at the southwest corner of the Northwest '/4 of said section 6, thence North 1 degree 14 minutes 50 seconds East, along the West line of Northwest'/4, for 969.67 feet to the point of beginning of the line to be described; thence South 87 degrees 25 minutes 34 seconds East for 1120.72 feet and there terminating excepting therefrom all that portion of the Southwest '/4 of the Northwest '/4 of said Section 6, lying West of the Town Road (also known as Manning Avenue North) as it now traverses said section 6. SECTION 3 AMENDING. That the Stillwater, Minnesota City Code Article V section 5.05 and 5.06 are hereby amended as follows: 5.05. — Council meeting records. It is hereby made the duty of the Mayor, or in the case of the Mayor's absence or disability the vice -Mayor, to sign the Clerk's records of the proceedings of each meeting of the Council, when the record has been presented for signature. 5.06. — Holding other offices. No member of the Council shall hold any other City employment or be a member of the Library Board. Neither may any Councilmember be elected or appointed to any office created nor the compensation of which is increased by the Council while a member thereof until one year after the expiration of the term for which the member was elected. SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 5 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The Charter Amendments clarify the statutory process for the redistricting of Ward boundaries and add the description of the Ward boundaries to the election section of the Charter. Minor terminology changes were made to use the correct title of Vice Mayor instead of Vice President and remove a redundant term. Adopted by the City Council of the City of Stillwater this 6th day of June, 2023. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Q DATE: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Addendum to Staff Report: Ordinance (Second Reading) – Amending City Code Sections 31-101, 31-302 through 31-315, and Section 31-501 to amend regulations and controls for accessory structures, CD 2022-57 BACKGROUND Attached is a correction to the proposed ordinance amendment related to changes to regulations accessory structures, garages, and accessory dwelling units. Previously, the Planning Commission provided feedback on the proposed changes relating to accessory structure definitions and size limitations. These changes also included review of Accessory Dwelling Unit setback distances. The proposed ordinance amendment changed Accessory Dwelling Unit setbacks to match the Accessory Structure setbacks. This change was part of the packet reviewed and recommended approval by the Planning Commission in April. However, the change was overlooked during the creation of formal documents for the City Council First and Second Readings. Staff has now corrected this mistake and has attached it to this memo. 29 Subd. 2. In CTR districts: (1) Lot size on which an accessory dwelling is located must be at least 14,000 square feet; (2) Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (3) Off-street parking requirements for an accessory unit and a single-family residence must be provided: (4) A detached accessory dwelling must be located in the rear yard of the primary residence; (5) Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line; (6) Accessory structure must not result in the loss of significant trees or require major site alteration; Subd. 3. In RB districts. (a) An accessory dwelling unit is a specially permitted use in the RB district subject to the following regulations: (1) Lot size must be at least 10,000 square feet; (2) The accessory dwelling unit may be located on second floor above the garage; (3) The accessory dwelling unit must abide by the primary accessory structure setbacks for side and rear setbacks; (4) Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided; (5) Maximum size of the accessory dwelling unit is 800 square feet; (6) The application requires administrative design review for consistency with the primary unit in design, detailing and materials; (7) The height may not exceed that of the primary residence; and (8) Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street. �l wa tern THE BIRTHPLACE OF MINNESOTA DATE: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Ordinance (Second Reading) —Amending City Code Sections 31-101, 31- 302 through 31-315, and Section 31-501 to amend regulations and controls for accessory structures, CD 2022-57 BACKGROUND The City Council approved the first reading of this Ordinance on May 16 and it is now eligible for second reading/adoption. Attached is the proposed ordinance amendment related to changes to regulations accessory structures, garages, and accessory dwelling units. Previously, the Planning Commission provided feedback on the proposed changes relating to accessory structure definitions and size limitations. Upon review of the existing Ordinance staff also proposed reformatting the Zoning District and Performance Standards sections of the City Code that pertained to accessory structures/garages. In preparation for a formal adoption process, Staff coordinated with the City Attorney, who recommend additional clarifications. Staff has now incorporated comments from the Commission and City Attorney into a new draft that has been reviewed and recommend approval by the Planning Commission. Summary of changes • Allow offices and recreation rooms in upper half -story of accessory structures, similar to accessory dwelling units (already allowed) o Primarily for personal, home office uses o Cannot be used for commercial use unless in accordance with Home Occupation regulations ■ Not intended to allow customers on site ■ Not intended to allow any manufacturing • Remove conflicting language regarding Accessory Dwelling Units in upper (half story) level of detached garages o Accessory Dwelling Rules state that Accessory Dwellings must be in upper level of garage (within certain parameters); meanwhile, the underlying Zoning District states that livable space cannot be in upper level of detached garage • Amend height limits to be measured by height, not number of stories • Amend setbacks affecting accessory dwelling units • Increase the square footage allowed on larger lots • Prohibit temporary membrane structures/car ports • Amend language to clearly state number of accessory structures allowed on residential lots • Reformat existing ordinance structure to be more organized and remove inconsistencies Reformatting The current format of the zoning code forces the reader to look for regulations related to accessory uses in multiple places. The reader must look at the zoning district, and then to the performance standards. The information located in these places may be different due to past updates to one section, but not to another, or may simply contain typos. To remedy this, Staff has moved accessory use -related code from the zoning districts, to the performance standards so that the zoning district tells the reader if certain accessory uses are allowed, and the performance standards describes how the use may be designed and situated. Staff believes this proposed format change makes the zoning code more user- friendly for all and decreases the chance of inconsistencies due to text changes in the future. Staff has also moved the Accessory Structures performance standards section to come before the Accessory Dwelling Unit performance standards in order to provide the reader a baseline of information about district -specific regulations regarding accessory uses in general. Staff believes that providing this information going from general to specific, is more organized and provides a higher -quality document. RECOMMENDATION The Planning Commission recommends approval of the Ordinance Amending City Code Sections 31-101, 31-302 through 31-315, and Section 31-501 pertaining to definitions, performance standards, and regulations for accessory structures and garages. ACTION REQUESTED Motion to approve the second reading of the Ordinance Amending City Code Sections 31-101, 31-302 through 31-315, and Section 31-501 regarding accessory structures. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1202 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTIONS 31-101, 31-302 THROUGH 31-315, AND SECTION 31-501 THROUGH 31-503 REGARDING ACCESSORY STRUCTURES AND GARAGES The City Council of the City of Stillwater does ordain: SECTION 1 AMEND. Chapter 31, Article I, Section 31-101 of the City Code, Definitions, is hereby amended as follows: Sec. 31-101. Definitions. For the purposes of this chapter of the Code the following terms, phrases, words and their derivations shall have the meanings given in this Section 31-101. When consistent with the context, words in the plural include the singular and words in the singular include the plural. Accessory use means a subordinate use customarily incidental to and located on the same lot with the main use. Accessory building or structure means a detached subordinate building or structure customarily incidental to and located on the same lot as the principal building. Accessory buildings or structures are not attached to the principal structure. Carports and shipping containers are not considered Accessory buildings or structures, and are temporary in nature. Accessory use, building, or structure when found in Section 31-400 (Floodplain overlay district) means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. SECTION 2 AMEND. Chapter 31, Article III, Division II, Section 31-302 through Section 31-315, Residential Zoning Districts, is hereby amended as follows: Division 2. Residential Zoning Districts Sec. 31-302. A-P agricultural preservation district. A-P agricultural preservation districts shall be regulated as follows: (a) Purpose. The purpose of the A-P district shall be to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production and to serve as a holding zone for lands where phased urban expansion will occur. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas. The A-P district is further intended to preserve open space and natural resource areas. (b) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) Any other uses or activities determined by the planning commission to be of the same general character as those found in Section 31-315 for the A- P district and that will not impair the future urbanization of the property may be allowed. (c) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (d) Massing regulations. (1) Minimum standards.' Lot area per dwelling 10 acres Lot width 300 feet Lot depth 300 feet Lot depth to width ratio 3:1 Front yard setback 50 feet Side yard setback 25 feet Rear yard setback 75 feet Height Height of residence 2'/2 stories, not to exceed 35 feet Height of agricultural structures 50 feet maximum Height of accessory structures (other than agricultural structures) 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 1 75 feet (e) Building and unplatted land. A building permit for a residential or nonagricultural building in this A-P district will not be issued until a plot plan showing the proposed building and the land areas to be set aside to accommodate it is submitted and approved by the director of community development. The plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway. This delineated tract must be entered on the official zoning map of the city and is considered the same as a platted lot for purposes of regulating permits on 2 adjacent land. The owners of tracts abutting an existing road, street or highway which has less than city standard width must deliver a warranty deed of dedication acceptable to the city for that amount of right-of-way necessary to comply with the city standards prior to the issuance of the building permit. (f) Agricultural uses. Agricultural uses are permitted with no restrictions as to operation of vehicles or machinery customarily incidental to agricultural uses and with no restrictions to the sale or marketing of products raised on the premises; provided, however, that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry must be located at least 100 feet from residentially zoned land; and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of residentially zoned land. (g) Subdivisions. Any request for subdivision of land in the A-P district must be accompanied with a ghost plat that shows how future urban development can be accomplished. ' All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-303. LR lakeshore residential district. LR lakeshore residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (c) Massing regulations. (1) Minimum standards.' Lot area 20,000 square feet Lot width 80 feet Lot depth 170 feet Front yard setback House 25 feet Garage front facing) 32 feet Garage side facing) 20 feet Side yard setback; Interior House 10 feet Garage 5 feet Corner House 25 feet Garage 25 feet 9 Rear yard setback (any building, swimming pool, or other structure 85 feet from Ordinary High Water elevation Frontage requirement2 35 feet Maximum garage area 1,000 square feet Height Main building 2'/2 stories, not to exceed 35 feet Accessory building (garages) 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.3 Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (d) Design review. Administrative design review by the community development director is required for all permitted and specially permitted buildings or uses in the Lakeshore district. Building siting, grading, drainage, tree protection and erosion control measures must be reviewed by the community development director for each development site. 1 All standards are minimum requirements unless otherwise noted. 2 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 3 Measured from right-of-way line. Sec. 31-304. CTR cove traditional residential district. CTR cove traditional residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (c) Massing regulations. (1) Minimum standards.' Lot area 14,000 square feet Lot width at building setback line 80 feet Lot width on cul-de-sac at front lot line 40 feet Front yard setback 25 feet II Front setback for garage See footnote 2 on this page Side yard setback Interior 7.5 feet Corner 20 feet Rear yard 25 feet Building height 2 stories, not to exceed 35 feet Driveway width, maximum at front lot line 14 feet (2) Additional setback standards.2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet ' All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-305. RA one -family district. RA one -family districts shall be regulated as follows: (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 10,000 square feet Lot width 75 feet Lot depth 100 feet Front yard setback 30 feet Side yard setback Interior 10 feet Corner 30 feet Rear yard setback 25 feet Maximum lot coverage 30 percent Frontage requirement 25 feet on an improved public street Height Main building 2'/2 stories, not to exceed 35 feet 5 Accessory building 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.2 Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet (3) Exceptions: Front yard. Where a uniform front yard setback exists which is less than 30 feet, any building or structure erected, structurally altered or enlarged may conform to the established setback but in no case a setback of less than 20 feet will be allowed. Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adjacent main buildings; or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less than 20 feet be allowed or greater than 30 feet be required. ii. Corner yard. For corner lots where the corner side yard setback or front yard setback for the main building on the adjacent lot on the same street is less than the required setbacks, the corner lot setback for the adjacent main building shall govern, but in no case shall a setback of less than 20 feet be allowed. iii. Side yard. When there is an attached garage on one side of the dwelling, the garage setback is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot. iv. Side and rear yard. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet. 1 All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-306. TR traditional residential district. TR Traditional residential districts shall be regulated as follows: (a) Allowable uses. Al (1) See Table in Section 31-315 for the allowable uses within the TR district. (2) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Average lot area when part of a PUD 10,000 square feet Lot width 65 feet Lot depth NA Front yard setback House 20 feet Garage front facing) 27 feet Garage side facing) 20 feet Side yard setback Interior House 10 feet Garage 5 feet, 3 feet if in rear yard Corner House 15 feet Garage 20 feet Rear yard setback House 25 feet Garage 3 feet Frontage requirement2 35 feet Maximum garage area 1,000 square feet Height Main building/accessory building 2'/2 stories, not to exceed 35 feet Garages, accessory building 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.3 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (c) Design review. Design review is required for accessory dwelling units or duplex developments subject to traditional development design standards. ' All standards are minimum requirements unless otherwise noted. 2 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. FN I Measured from right-of-way line. Sec. 31-307. CCR cove cottage residential district. CCR cove cottage residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (c) Massing regulations. (1) Minimum standards.' Lot area, average 10,000 square feet Lot area, minimum 7,000 square feet Lot width, at building front 60 feet Front yard setback 20 feet Side yard Interior 7.5 feet Corner 20 feet Rear yard 25 feet Minimum lot width at street 30 feet Driveway width maximum (at front property line) 14 feet Building height, maximum 1 2 stories, not to exceed 35 feet (2) Additional setback standards.2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet ' All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-308. RB two-family district. RB-two-family districts shall be regulated as follows: (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards, regulations and provisions of the Neighborhood Conservation District. (See City Code Ch. 22, Section 22-7, Subd. 5(7)—Heritage preservation commission, additional duties). (3) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Lot area Lot width Lot depth Front yard setback Main building Garage Side yard setback Interior Main building Garage Exterior (corner side Main building Garage Rear yard setback Main building Garage Single-family 7,500 square feet 50 feet2 100 feet 20 feet Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwellina. The total of both side yards must equal 15 feet with at least five feet on each side. Attached: 5 feet Detached in the rear yard: 3 feet 20 feet, 5 feet on interior side Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. 25 feet Attached: 5 feet Detached in the rear yard: 3 feet Two-family 10,000 square feet 75 feet 100 feet 20 feet Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwellina. The total of both side yards must equal 15 feet with at least five feet on each side. Attached: 5 feet Detached in the rear yard: 3 feet 20 feet, 5 feet on interior side Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. 25 feet Attached: 5 feet Detached in the rear yard: 3 feet Frontage requirement 35 feet on improved public street 35 feet on improved public street Maximum lot coverage Buildings 25 percent 25 percent Impervious surfaces 25 percent 25 percent Height Main building 35 feet maximum 35 feet maximum Accessory building 1 story, not to exceed 20 feet 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.3 Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 1 All standards are minimum requirements unless otherwise noted. 2 For new corner lots created in the district, the lot width must be a minimum of 70 feet. 3 Measured from right-of-way line. Sec. 31-309. CR cottage residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within the CR district. (2) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Average lot area (when part of a PUD) 6,000 square feet Average lot area for two-family residences when part of a PUD 9,000 square feet Lot width 50 feet Lot depth NA Front yard setback House 15 feet Garage front facing) 20 feet Garage side facing) 15 feet 10 Side yard setback Interior House 5 feet Garage 5 feet Corner House 15 feet Garage 15 feet Rear yard setback House 25 feet Garage 3 feet Garage for two-family residence 5 feet Frontage requirement2 30 feet Driveway width at street right-of-way 12 feet, but may taper to 18 feet at back of curb Height Main building 2 stories, not to exceed 28 feet Garages 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.' Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet 1 All standards are minimum requirements unless otherwise noted. 2 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. ' Measured from the right-of-way line. Sec. 31-310. TH townhouse residential district. (a) Allowable uses. See Table in Section 31-315 for the allowable uses within the TH district. (b) Massing regulations. (1) Minimum standards.' Lot area per unit 5,000 square feet Front yard setback Residence 20 feet Garage front facing 25 feet Garage side facing 20 feet 11 Side yard setback 25 feet Rear yard setback 25 feet Building separation 15 feet Height 2'/2 stories, not to exceed 35 feet (2) Additional setback standards.2 Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet (c) Design review. Design review is required for all permitted and specially permitted buildings or uses. 1 All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. Sec. 31-311. CTHR cove townhouse residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area per unit 3,000 square feet Setbacks Boutwell Avenue 70 feet Manning Avenue 100 feet Other public streets 30 feet Building separation 40 feet Height 2'/2 stories, not to exceed 35 feet (2) Additional setback standards.2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet 12 (c) Design review. Administrative design review is required for all permitted and specially permitted buildings or uses. (1) Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches. ' All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-312. RCL low density multiple -family residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 20,000 square feet Lot area per unit 7,000 square feet Open sace per unit 1,500 square feet Front setback 35 feet Side setback 50 feet Rear setback' 50 feet Principal building separation 50 feet Building Height 35 feet maximum (2) Additional setback standards.3 Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (c) Recreation facilities. Ten percent of the gross project area shall be specifically designed, developed and maintained for recreational purposes such as: Children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and 13 groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. ' All standards are minimum requirements unless otherwise noted. 2 Principal and accessory structures must meet this setback standard. 3 Measured from the right-of-way line. Sec. 31-313. RCM medium density multiple -family residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 12,000 square feet Lot area per unit 2,800 square feet Maximum lot coverage 30 percent Maximum floor area ratio 0.75 Front setback Principal building 35 feet Accessory building 45 feet Side setback Principal building 20 feet Accessory building 10 feet Rear setback Principal building 45 feet Accessory building 10 feet Principal building separation 35 feet Building Height 3 stories maximum Exceptions: a. One- and two-family dwellings may be allowed to conform to the RIB district setback requirements. 14 b. When the adjacent buildings are located with a setback less than is required above, a multiple dwelling may be permitted to be located up to the point of the lesser setback requirement. (2) Additional setback standards.' Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 1 75 feet (c) Recreation facilities. There shall be 200 square feet per dwelling unit or ten percent of the gross project area, whichever is greater, specifically designed, developed and maintained by the owner for recreation purposes in the RCM district such as follows: Children's play apparatus, swimming and wading pools, game areas, such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. Sec. 31-314. RCH high density multiple -family residential district. (a) Purpose. The purpose of the RCH district is to provide density requirements for multiple -family dwellings to be built in the redevelopment area of the city. (b) Massing regulations. (1) Minimum standards.' 15 Lot area 11,000 square feet Lot area per unit 1,500 square feet Maximum floor area ratio' one to two Building Height 40 feet maximum Yard and setback requirements. Yard and setback requirements are as follows: a. Front yard. Setback requirements shall be determined by setbacks that exist on the two adjacent properties. If the two adjacent properties do not have a common setback, then a setback of a distance equal between the two setbacks shall be required. A setback of at least ten feet shall be maintained at corner lots and where there is no adjacent structure. b. Side yard. A setback of at least 20 feet shall be maintained. A side yard setback of zero may be allowed if no openings are in the side of the structure and the structure abuts another structure with no openings. If this is the case, the sidewall must be of firewall standards required by the Uniform Building Code. Side yard setbacks on a corner lot shall conform to existing setbacks on the block, or if no setback exists, it shall be ten feet. c. Backyard. A setback of at least 20 feet shall be maintained. A rear yard setback of zero may be allowed if no openings are in the rear of the structure and the structure abuts another structure with no openings. If this is the case, the rear wall must be of firewall standards required by the Uniform Building Code. d. In cases where more than one principal building is located on the same site, the following setbacks shall be required: 1. Walls containing windows shall not be closer than 40 feet. 2. Walls that have no openings may be zero feet apart but must be of firewall standards required by the Uniform Building Code. (2) Additional setback standards.' Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet 16 (c) Recreation facilities. Ten percent of the gross project area in the RCH district shall be specifically designed, developed and maintained for recreational purposes such as: Children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. 1 All standards are minimum requirements unless otherwise noted. z Floor area ratio is the numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. 3 Measured from right-of-way line. Sec. 31-314.1. RR rural residential district. (a) Purpose. The purpose of the RR district shall be to maintain large lot neighborhood design and characteristics in areas where urban services are unavailable. (b) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (c) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (d) Massing regulations. (1) Minimum standards.' Lot area per dwelling One 1 acre 17 Lot width 100 feet Lot depth 300 feet Front yard setback 40 feet Interior side yard setback 15 feet COS Exterior yard setback 40 feet Rear yard setback 50 feet Maximum lot coverage 25% Height of residence 35 feet Height of accessory structures 20 feet and not exceeding height of main residential structure (2) Additional setback standards.2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet 1 All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-315. Allowable uses in residential districts. ALLOWA ZONING DISTRICTS BLE USES A- L C RA T C RB C T CT R R R R HM P R T R C R H HR C C C R U16 R R L M H Single- P P P P P P P P P C P family U dwelling P 1 Two- P P2 C family U dwelling' P Attached C P single- U family P dwelling or IP townhous e3 Townhou P se, row house, group house' Multifamil C P y U dwelling4 P and condomi niums Accessor C P CU P y U P dwelling P (See Section 31-502 Duplex C accessor U y unit P (See Section 31-503 Rooming C houses1 U P Type I P C P P S P P P CU A C P CU home U U P U P occupatio P P P n (See Section 31-500 Type II C C CU C C CU C C CU C home U U P U U P10 U U P U occupatio P P P P P P P n (See Section 31-500 Type III CU CU home P P occupatio n (See Section 31-500 Accessor A A A5 A A6 A7 A8 A A A y building and use 19 (See Section 31-501 Public P C schools U P Elementa C P C ry school U U P P Public CU CU and P'o P9,10 private primary and secondar y schools9 Early CU childhood P educatio n Parks, P P P P P P P P P P playgrou nds and other open space areas Private A A recreatio n facility Church CU CU P C or other P10 P'o U place of P worship Cemeteri CU CU es P10 Pao Hospital, CU CU nursing P10 P'o home or rest home Institution P C al U buildinq P Bed & CU P' C Breakfast P10 ' U (Type D P Short 20 Term Home Rental) Short P P P P P P P P P P P P P P Term Home Rental; Type A and B Short C C C CU C C CU C C CU C C C CU Term U U U P U U P U U P U U U P Home P P P P P P P P P P Rental; Type C Off street A A parking & loading Agricultur P al uses Agricultur P P1 al 4 produce sales Commer P cial greenhou se Fish P hatcherie s and aviaries Fishing P lakes and picnic groves 12 Forest P and wildlife reservati ons or similar facilities Fur P farming (raising fur bearing animals, excluding 21 skunks and civet cats Riding P academi es or stables Essential P P P P P P P P P P P P P P services Commer C cial uses U not found P objection able by neighbor s Retail C CU business U P of a P corner store nature Senior C CU C CU care U P13 U P10 living P P facilities Armory CU p10 Municipal CU fire P10 station Small wireless facilities Small P P P P P P P P P P P P P wireless facilities in the right-of- way Personal P1 outdoor 5 Storage Growing P of industrial hemp Short P P P P P P P P P P P P P P P term 22 home rentals P = Permitted use CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. Only one principal structure is allowed on a parcel. 2 Two-family dwelling allowed only on corner lots. 'An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than three dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. a Dwelling units for three or more families on a single parcel. 5 Accessory structures in the CTR district are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with aconditional use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 3. 'Accessory structures in the TR district are subject to the regulations found in Section 31- 503, Subd. 1 'Accessory structures in the RB district are subject to the regulations found in Section 31- 503, Subd. 2 $ Garage is limited to two stalls wide. s Including accessory buildings and uses located upon property contiguous to that occupied by the main building. 10 SUP may only be issued by city council. 11 Must be located at least 900 feet from another bed & breakfast. 12 No concession or retail sales are permitted. 13 Senior care living facilities in the RA zoning district shall have a minimum property size of five acres. 14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers' markets or by delivery. 23 15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull -behind recreational vehicles, including, but not limited to, snowmobiles, all -terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. 1s Multi -family residential is an allowable use within this district, but shall not be the predominate use as determined by less than 30 percent of usable land area designated as multi -family use. SECTION 3 AMEND. Chapter 31, Article V, Division I, Section 31-501 through 31- 503, Residential Standards, is hereby amended as follows: Division 1, Residential Standards Sec. 31-501. Accessory structures and garages. General Provisions. (a) The following provisions apply to accessory structures and attached garages located in all residential zoning districts unless otherwise noted below: (1) Accessory structures may not exceed 20 feet and not exceed the height of the main residence. (2) Accessory structures square footage may not exceed the principal dwelling's foot print. Subd. 1. In AP districts. (a) No accessory structures may be located within the required front yard. (b) All accessory structures located within a side yard must be set back a minimum of ten feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot. (c) All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line. (d) Height of agricultural structures may not exceed a maximum of 50 feet. Subd. 2. In LR districts. (a) The maximum lot coverage of an attached garage plus all accessory structures shall be 2,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) All accessory structures must meet the requirements for the bluff and shoreline set forth in Section 31-402 (Shoreland Management overlay district). 24 (c) No accessory structures or uses that result in the cutting of trees or clearing of vegetation are permitted. (d) Front facing garages must be setback at least six feet more than the front wall or porch line of the house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. Subd.3. In CTR districts. (a) One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met. (b) Garages and accessory structure uses may include one or more of the following: (1) Accessory dwelling unit; (2) Accessory dwelling and one enclosed structure parking space; (3) Home office; (4) Storage. (5) Recreation room (c) Garages and accessory structures must be set back at least six feet behind the front wall of the house or porch. (d) Accessory structure must not result in the loss of significant trees or require major site alteration; (e) Only one accessory structure may be located on a residential lot. (f) Maximum size of an accessory structure is: (1) 500 square feet, one story use of loft area is allowed; or (2) 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (g) An accessory structure must abide by the following setbacks: Side yard 5 feet Rear yard 10 feet 25 (h) Accessory structures may not have window openings facing the rear property line. (i) Accessory structures located on corner lots must have the garage doors turned away from the side street. Subd.4. In RA districts. (a) The maximum lot coverage of an attached garage plus all accessory structures shall be 1,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building. (c) No more than two accessory structures, one of which cannot exceed120 square feet maximum shall be located on a residential premises. (d) An accessory structure shall not be designed or used for human habitation, business or industrial accessory use. (e) Side yard setback. When there is an attached garage on one side of the dwelling, the garage setback is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot. (f) Side and rear yard setback. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet. Subd. 5. In TR districts. (a) The maximum lot coverage of an attached garage plus all accessory structures may not exceed 1,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met. (c) Uses for attached garage and accessory structures may include one or more of the following: (1) Accessory dwelling unit, 500 square feet maximum; (2) Accessory dwelling and one enclosed structure parking space (720 square feet maximum); (3) Home office; 26 (4) and/or Storage. (d) Maximum size of an accessory structure is: (1) 500 square feet, one story use of loft area is allowed; (2) or 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (e) An accessory structure must abide by the following setbacks: Side yard, 5 feet Rear yard, 10 feet (f) Accessory structures shall not have window openings facing the rear property line. (g) Accessory structures located on corner lots shall have the garage doors turned away from the side street. (h) If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner lot. Subd.6. in CCR districts. (a) Accessory structures are not allowed. (b) Attached garages. Attached garages shall be regulated as follows: (1) On 70% of the lots, garages must be set back a minimum of 6 feet behind the front wall or the front porch of the residence. (2) On 30% of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded. (3) Third car garages may be side entry or separated from the main garage, at an angle to the main garage, or otherwise screened by a portion of the house, porch, or facade. (4) Corner lots may have side loaded garages. (5) Garages may be no larger than three stalls. Subd. 7. In RB districts. (a) The maximum lot coverage of an attached garage plus all accessory structures may not exceed 1,000 square feet or 10% of net developable area 27 (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building. (c) No more than two accessory structures, one of which cannot exceed120 square feet maximum shall be located on a residential premises. (d) The upper level of an accessory building may include an accessory dwelling (in accordance with Sec. 31-501 of this chapter), storage, home office or recreation room. The lower level of an accessory building shall not be designed or used for human habitation, business or industrial accessory use. Subd.9. In CTHR districts. (a) Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches. Subd.10. In RR districts. (a) No accessory structures may be located within the required front yard. (b) All accessory structures located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot. (c) All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line. Sec. 31-502. Accessory dwellings. Subd. 1. In TR districts. (1) Lot size must beat least 10,000 square feet; (2) May be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (3) Off-street parking requirements for an accessory unit and single family residence must be provided; (4) A detached accessory dwelling must be located in the rear yard of the primary residence; (5) Detached accessory dwelling units shall not have roof dormers that face the nearest residential lot side yard property line; (6) Accessory structure will not result in the loss of significant trees or require major site alteration. Subd. 2. In CTR districts: (1) Lot size on which an accessory dwelling is located must be at least 14,000 square feet; (2) Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (3) Off-street parking requirements for an accessory unit and a single-family residence must be provided: (4) A detached accessory dwelling must be located in the rear yard of the primary residence; (5) Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line; (6) Accessory structure must not result in the loss of significant trees or require major site alteration; Subd. 3. In RB districts. (a) An accessory dwelling unit is a specially permitted use in the RB district subject to the following regulations: (1) Lot size must beat least 10,000 square feet; (2) The accessory dwelling unit may be located on second floor above the garage; (3) The accessory dwelling unit must abide by the primary structure setbacks for side and rear setbacks; (4) Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided; (5) Maximum size of the accessory dwelling unit is 800 square feet; (6) The application requires administrative design review for consistency with the primary unit in design, detailing and materials; (7) The height may not exceed that of the primary residence; and (8) Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street. 29 (9) Maximum size of an accessory structure footprint may not exceed 1,000 square feet and is considered part of the total allowable accessory structure and attached garage square footage. Sec. 31-503. Duplex accessory dwelling units. Subd. 1. In TR districts. (a) Duplex accessory dwelling units are permitted special uses in the TR district subject to the following requirements: (1) Minimum lot size is 12,000 square feet. (2) Garages must be separated if street facing or on separate street fronts for corner lots. (3) The design of the duplex must appear as a single family house. (4) The number of duplexes is limited by the PUD for the subject property. (5) Duplexes must be located at least 200 feet apart. (6) Design review is required for consistency with traditional neighborhood design guidelines. (7) Duplexes must meet the development standards for single family structures. (8) Home offices are permitted accessory uses if located above a garage that is located in the rear yard. SECTION 4 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance defines accessory structures, amends performance standards for accessory structures, further clarifies uses allowed within accessory structures, amends performance standards for accessory dwelling units, clarifies number of accessory structures allowed in residential districts and reformats the performance standards pertaining to accessory structures and accessory dwelling units to better organize the City Code. SECTION 5 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of June, 2023. 30 ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 31 1 Wa er, M �Mw THE BIRTHPLACE OF MINNESOTA DATE: June 6, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: City Support of Designation of County State Highway 96 DISCUSSION This summer Minnesota Trunk Highway 96 in Washington County, also known as Dellwood Road, is being turned over to Washington County, this includes the section of the highway in Stillwater from Manning Avenue to Trunk Highway 96. The new designation of the highway will be Washington County State Aid Highway No. 96. The County has asked for Council support for this designation. RECOMMENDATION It is recommended that Council support the designation of Washington County State Aid Highway 96 in the City of Stillwater. ACTION REQUIRED: If Council concurs with the recommendation, they should pass resolution 2023- RESOLUTION TO WASHINGTON COUNTY AND TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION IN SUPPORT OFTHE DESIGNATION OF COUNTY STATE AID HIGHWAY 96 IN THE CITY OF STILLWATER City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION TO WASHINGTON COUNTY AND TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION IN SUPPORT OF THE DESIGNATION OF COUNTY STATE AID HIGHWAY 96 IN THE CITY OF STILLWATER WHEREAS, the Minnesota Department of Transportation and Washington County have reached agreement to transfer a portion of Dellwood Road, currently also known as Minnesota Trunk Highway No. 96, to the jurisdiction of Washington County, and; WHEREAS, the City of Stillwater has been notified that Washington County intends to designate the highway as Washington County State Aid Highway No. 96 for its length between Dellwood Avenue (Minnesota Trunk Highway No. 244) and St. Croix Trail North (Minnesota Trunk Highway No. 95), including the portion within the corporate limits of the City of Stillwater, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that the designation and numbering described above is in all things approved. Adopted by the Stillwater City Council this 6th day of June 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted, and approved by the City Council of said City on 12023. 1 water T H E B IRTHPLACE OF MINNESOTA DATE: May 25, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Downtown Holiday Lights Agreements BACKGROUND The City of Stillwater, in collaboration with downtown businesses and the Greater Stillwater Chamber of Commerce, would like to continue to light up Main Street Stillwater for the winter Holiday season. In 2020, each building owner signed an Indemnification/Release agreement to allow the lights to be placed along the top of their building. The agreement was for three years with an expiration date of May 1, 2023. There are 55 properties involved in this lighting project. Staff along with Councilmember Junker have obtained many property owner signatures as seen on the attached agreements. We will continue to encourage the dozen or more properties remaining to renew their agreement. RECOMMENDATION Staff recommends renewing the attached Downtown Holiday Lights Agreements for May 1, 2023 to May 1, 2026. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve the Historic Downtown Stillwater Holiday Lights Agreements for 2023-2026. Historic Downtown Stillwater Holiday Lights Agreement his. Downtown Historic Stillwater Holiday Lighting AgreementAljx!,V— reement") 's entered into on this day of 2023 by and between the City of Stillwater ("City") and ("Owner") for exterior holiday lights to be located on the building at l/y r M 2 H ,00 �operty"). /Z-V s M-4-/ CA/le r RECITALS: mo f; �'yf•Q1/!/ 1. City desires to install, maintain,- repair, and remove holiday lights ("Holiday Lights") along Main Street nth. within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: am Ted Kozlowski, Mayor OWNER: By: gv7ul rre) �— — - By: Its. owner Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is March , 2023 by and between the City of Stillwater ("City") and Sara Jespersen for exterior holiday lights to be located on the building at 223 Main St S, Stillwater, MN entered into on this 31 day of _ ("Owner") ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting; Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) LightingTimer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: LM Ted Kozlowski, Mayor Beth Wolf, City Clerk OWNER: By: j (sis��ttultrrrl owner (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 30 day of March , 2023 by and between the City of Stillwater ("City") and Buettner Real Estate, LLC ("Owner") for exterior holiday lights to be located on the building at 127 & 131 Main St ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) LightingT: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utili Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: Ted Kozlowski, Mayor (signature) By: its: Chief Manager Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this If day of ,4p_k_L 2023 by and between the City of Stillwater ("City") and 7n4-.:'HA4 4 LL ("Owner") for exterior holiday lights to be located on the building at 2l 9-- 2 Z. t MA/ rl 5'r A& ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting_ Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) O -ncr is the Property Fee Owner. Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: 1f a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. if the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. iN ATTNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CiTY OF STILLWATER: OWNER: _ Ry:-- Ted Kozlowski, Mayor (signalure) By its:- l;cth Wolf. City Clerk (lille) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this _-::r day of 2023 by and between the City of Stillwater ("City")and ,G zci✓qua ,4, C ✓3-_- L ("Owner") for exterior holiday lights to be located on the building at 317 4/14/_9 550- a %%f ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term_: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) LightingTimer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability_: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk OWNER: By: � a lra7,- (signature) (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this /day o� t , 2023 by and between the City of Stillwater ("City") and ��i /Z pdra%/n ��tu.���p nee„) for exterior holiday lights to be located on the building at ��t/ nZ,¢..J ;r, eeJ -Sr.- 5 r,tl w•s r-w ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utili Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: lets: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liabili!y: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cute period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: 6, . o -• Ted Kozlowski, Mayor (Sigelure) By: Its: O Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this Or day of 8p(- _1___, 2023 by and between the City of Stillwater ("City") andVJ e d fle� ("Owner") for exterior holiday lights to be located on the building at Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Tenn: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday. Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday .Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: if a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: Ted Kozlowski, Mayor (sig\\nature) By: Its: Li 1 e-V— Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is enter d, into on this A day of 2023 by and between the City of Stillwater ("City") and ("Owner") for exterior holiday lights to be located on the building at [) MIR 1W STS V 1-1 UR (W Si _ ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Li Ig iting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utilijy Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: Ted Kozlowski, Mayor Beth Wolf, City Clerk OWNER: By: _'/"-y k- pa (signat rr 1' Its: (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 3 day of ram(, 2023 by and between the City of Stillwater ("City") and C ro i 'AV-1 W PwA("Owner") for exterior holiday lights to be located on the building at (%Y 6k. rl S-�nye� /V ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lieliting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utili , Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) Cijy Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: / By: By: Ted Kozlowski, Mayor (signature) LZA Beth Wolf, City Clerk Its: 0 Wr\ (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 4 r day of r � , 2023 by and between the City of Stillwater ("City") and �- o t�o �" dwner") for xterior holiday lights to be located on the building at '2.34 S S fi ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holidgy Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Liahtin Timer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) CitLyment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: M Ted Kozlowski, Mayor OWNER: By: IJ 1A Yi alure �- By: Its: 0�^� Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement_jh/ is Downtown Historic Stillwater Holiday Lighting Agreement ("Agreemennt/ is entered into lon this s day of 2023 by and between the City of Stillwater ("City") and ��/ iti/C �Gei ("Ox�'ner ') for exterior holiday lights to be located on the building at.r' /lzts ("Property"). RECITALS: Z� �/,,�/� 1. City desires to install, maintain, repair, and rernee holiday li h ( Holid T.ights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, tile parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May I, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Protect: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting imer: Holiday Lights shall be on a tinier that will turn on at dusk and tuna oft at 12:00 am. (d) Owner is die Property Pee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner.. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of HolidayLights: ights: City hereby agrees to pay for the casts of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising; directly or indirectly frorn the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights, 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWN By 'Ted Kozlowski, Mayor By: Its: Beth Wolf, City Clerk (title) lJ�.Ps� L/;'-11 Historic Downtown Stillwater Holiday Lights Agreement is own Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this of ownt ' Q 2023 by and between the City of Stillwater ("City") and ("Owner") i — ("Property"). tor exterior holiday lights to be located on the building at _ RECITALS: 1. City desires to install. maintain, repair, and remove holiday, lights ("Holiday Lights") along Main Street North, within [lie Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: I. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holidgy Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorize.-, and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) LightingT�imer: Holiday Lights shall be on a tinier that will turn on at dusk and turn oft at 12:00 am. {d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pav for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. d. Defaul : If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. lfthe specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CiTY OF STILLWATER, 0WNi.R: el By: By: Ted Kozlowski, Mayor (sign el By; iw Seth Wolf, City Clerk . (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this day of 2023 by and between the City of Stillwater ("City") and 5-r, ("Owner") or exterior holiday lights to be located on the building at �216 - D l-:;L S6 IV u iT - � ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. if the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: eL-& e-l� Ted Kozlowski, Mayor (signature) By: Its: Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 9th day of A 11 2023 by and between the City of Stillwater ("City") and Ross Larson (Nordic LUV LLC) ("Owner") for exterior holiday lights to be located on the building at 125 Main St S, Stillwater MN 55082 ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday_ Lighting Proiect: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: Ted Kozlowski, Mayor (signature) By: Its•OVVM Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 4— day of � X'1 „ 023 by and between the City of Stillwater ("City„) and 1J 1 or e t rigor holiday lights to be located on the building at \ F'� ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May I, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Projec : City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that wil I turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: RIM RIZ Ted Kozlowski, Mayor Beth Wolf, City Clerk Imu" I-listoric Dowttto)lvtt 5tillwate1, ""')hdity Lights Agreement. i._Itlin;t I' IS [Jrnytiloitn Ilintoiic Stilhol'.dcr Ilolirlr' tillt��nlcr("( il)��'ntcnt ("t�greeiuent") i j'ir r°rcd into oil lliie ,='r�dLry of ) noel — F — .. �_ o n 'O2'3 he and hctvccell tltc (.it% r I'_ � � �t�f .. "Property"'). fwtcxlcripr ho)ida)' lihhts In he hx'atcd nn the I,nilduts tl .. ),r t _ I2F("I'1AL,S: tair, noel rcinove holiday lighls ("I loliday L glw;-) ;along Main Sucet North, I, City dc�ire, tit ins[rrll, nutintrtiit, re} ` � - «'ifltin the I Iistoric t)o�t^ntoiet titilltv0tcr f. iytrict, on the r-Mer•ior of the hitildintt on the Propertp. 2 _� OwnerflrCcs Choi the City crud install tileI Inliday I.iglels and �yill provide City With ac�ccs,s to the Property li.tr LlIc purpm C's ofinst;rllation. mzrintenanec, repair• and removal of -the I loliday Lights. pw)"4 TUIRREFORE, the Pali O hcr"o"covenant and al me as Nkm,;: I. Icon: '1 his ;Agr-ernecnl sbnli connncucc on May I, 2023 and Alan wrnihmic on May I, 2026, unlc,s terminaled earlier glue ro rlc cull. �. Cbycnants and Agrccmrnta �f lltr t)wner: Chvncr covenants and a"!rccs vvilh (: its• Illm: {st) Iloliday I.i„lit it l?t ccL City or its assigns shaII install, IIIaiIIIaiII. repair. ,tIlk renIovc I frdida IJ!)' (S on tltt Property at C;ity's expense. (b) License to Consinict and Inspect: (honer hereby authorizes and ymnlr to mul—Immmy 11ome try tat•ccss the lhvpcny for Ow purposes of installing, inainf uning, repairing, slid remclOig the I Iolida4 Qhb, "Uh .shall be affixed to the emer'ion of the handing on the Proper, owner wWowlmgo and sg., that C, shell pay no compensation for the tempomiy license and Owner acknowledges the consideration of (7ity- paying tier the Holiday Lights. (c) I, ol)ti�)yTimcr; Holiday Lights shall be on a timer that will turn on at dusk and tum Wfat 12TO um, (M Owner is the Property Fec Ownel'; (honer hereby covenants and "wmnN "Th Cily that Orner is wind itt fec of the Property and hats good right to enter into this Agreemmit with Cit). (e) Owner ltesnrnxible for Iloliday L;ie,ht4 lJlilily Costs: O ��r�ier a cknt'n�•lct.ucs and ag,-,•e: t't_,t an..red all additional utility costs (electricity, me) resulting from the I lolky Lights hcing connQcicd w a pf wi ,,r �.ou;rk:Q on the Property are the sole responsibility ofOwner. 3. Covenants and ': 'I'hc City covenants and agrees with Owner than: (a) Cite Pavment of Casts of Holiday Liehis: City hereby agrees to pay for dw camN of be Mail:l All, maintenance, repair, and removal orthe Holiday lights. Ibt City Liability: City agrees that Cit) or its wWps shall be liable to the ()Nr ncr f6r any khnia 'e t<t tl;c 1,pT n) arising directly or indirectly front the installation, niaintenancc. repair, ou' it:ntrrv.et of tie:_ i k,r ra... Ii,sdiss or fi'c>nt and• defeclive materials or rauhy design or llic Holiday Lixtht_;, d. i N�: If a party to this Agrecntent materially defaults on any orits covammn or agreements h:reunder, the other patty may give notice of default M this rAgmemea The notice sha11 >pccify with iminkulaNy the default or dzAdB on which the notice is based. The ootiee :hall spccif y a thins^ (30) day curt periad within which the specilied defauit ordefaults must be cured. 1 f`the specified dciauht ,arc not curd :villein the Cure period, the other party may terminatc this agrecltlent andlor pursue all remedies and sanctions availaftla at by and 1" equity. irtchrding np^cific per6wmance. IN WITNESS WII ERITO , f ity anti C)twwMiarc canned this Agrrcincnl ue he ""UM)' Who authot'izcd repro,.^trtatit'c,. t:fT'Y OF THLLWATER: ily: Ted Kozlowski, Mayor 13 v: _ Huth Wolf, Cny Clerk ON NE1 ' Lcis;rxrlrardl � M Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this -0- day of M L, , 2023 by and between the City of Stillwater ("City") and w I U-0 11x mM 141.—"1®wner") for exterior holiday lights to be located on the building at ZioI /U1.Q03 SI" S. F("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of hlolidgy Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: I -;J7 / Ted Kozlowski, Mayor (Sig,11iflun') By: Its: 0 1,-- Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this day of 2023 by and between the City of Stillwater ("City") and Q d-C) LA, ("Owner") for exterior holiday lights to be located on the building at a00 1V1 olN` awet.4- ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Li litin , Timer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Propeity Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utili Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City_: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk .� 1 ► t (.Vi��ttultu e� Its: <,r, (title) Historic Downtown Stillwater Holiday Lights Agreement This D wntown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 0' day of 2023 by and between the City of Stillwater ("City") and ("Owner") for xterior holiday lights to be located on the building at ("Property"). �13 RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Proiect: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lightin Tom: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lim: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER - By: By: d Ted Kozlowski, Mayor (Siii wf Ire By: Its: Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 111, day of 2023 by and between the City of Stillwater (`City") and , _ ._ „ f�%� r / J"Owner") ftir CNicrior holiday lights to be located on the building at / 1 /_ -- 11 G 5 . ("Property' - RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Fights. NOW, T HEREFORE, foe parties hereto do covenan( and agree as follows: 1. Term: This Agreement shall commence on May I; 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain., repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary Iicense and Owner acknowledges the consideration. of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am: (d) Owner is the PrtoVeM Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utili Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) Citv Pavment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or frnTn niiv .tPC4e-t;vp motpriaf.c nr fmiity rtwcion of the 14nlirl5w f .igbts. 4. Default: if a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By By Ted Kozlowski, Mayor OWNER: I r- �el � . (signature) IJ Its. 1 = r -- fez k— (title) Beth Wolf, City Clerk Historic Downtown Stillwater Holiday Lights Agreement TI'is Do ntOVVn Historic Stillwater Holiday Lighting Agreement ("Am eemenO is entered into on this � day of ✓ , 2023 by and between the City of Stillwater ("City") and ("Owner") for xterior holiday lights to be located on the building at ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utilijy Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By. i Ted Kozlowski, Mayor signature) By: Its: v Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown historic Stillwater Holidav Li-ihtiniT Agreement ("�A� reencnt °) is entered into on this T- day of 2023 by and between the City ofStilhroater ('`City") and _i y'�`nc wc. �� • = �f l�'�� ("(hyper ) fv exterior holiday lights to be located on the building; at _('>('>l)�.2 r,s ("Properly"). Rt,.CI rALS: 1, City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtmvi—i Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the ]-loliday Li(Ihts and will provide City with itcccss to the Property for the purposes of installation. maintenance, repair. and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. ,].-.erne: This Agreement shall commence on May 1, 2023 and shall terminate on May I, 2026. unless terminated earlier due to default. ?. Covenants and A1-rc,etnents of the Owner: Ova uer covenants atnd s��n`ecs with City that: (a) Holiday -jahting Project: City or its assigns shall install. maintain, repair, and remove I loliday Lights on the Property at C'iry's expense. (b) License to Construct and Inspect: Ovone- hereby authorises and grants a temporary license to access the Property for the purposes of installing,. maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property, Owner acknowledges and agrees that Cite shall pay no Compensation for the temporary license and Owner acknowledges the consideration ofCity paying, for the Holidav lights. (c) Li ;h irlg Timer }-loliday I.rights shall be on a timer that will turn on at dusk and turn offat 12:00 am, (d) Owner is the Property Tree Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Iroperty and has good right to enter into this Agreement with City. (e) Owtter_Responsible for /sal' Lights Utility Costs: Owner- acknowledges and agrees that any and all additional utility costs Wecu-icity, etc.) resulting ti-om the I loliday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees Vvith Owner that: (a) City Payment of Costs of }-loliday Lights: City hereby agrees to pay for the crests of the installation, maintenance, repair, and rencnval of the ]-loliday Lights. (b) City Liabil Y: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly G-om the installation. maintenance, repair, or removal of the Holiday Lights or from any detective materials or f lully desion of the Holiday Lights, 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party, may give notice of default of this Agreement. The notice shall specifv with particularity the default on- defaults oil which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other parry may terminate this agreemel[ and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have Caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By. By: Ted Kozlowski, Mayor Meth Waif, City Clerk OWNER: By: (sig)tell ttrel ` Its: L Y l,y/(,Q J � ) /� (title) �4 (�,1 �� � �tib�e, Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement" is entered into on this �4 day of 2023 by and between the City of Stillwater ("City") and--Ti q ("Owner") for exterior holiday lights to be located on the building at Vf Chg Camas' S/;Z a',IV S 1l S• ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inseect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) LightingTinier: inier: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk OWNER: By signature) Tt- 1� V (title) Historic Downtown Stillwater Holiday Lights Agreement *CN(CriOr ntown I-listoric Stillwater I-loliclay Lighting Aoreenhent f" Agreen •nt"j entered/,�'9ul on this ` day of .2023 by and between theCity ("Ownerholiday lights to be located on the building at ("Property"). RECITALS: I. City desires to install, maintain, repair, and remove holiday lights ("I loliclay Lights") along Main Street North, within the I-listoric Downtown Stillwater District, on the exterior of'the building can the Property. 2. Owner agrees that the City can install the Holiday Lights and Will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday I..ights, NOW, THEREFORE.., the parties hereto do covenant and agree as hollows: 1. Term: This Agreement shall commence on May I, 2023 and shall terminate on May I, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: 0lvner covenants and agrees with City that: (a) (-holiday Lighting Project: City or• its assigns shall install, maintain, repair, and remove I loliclay Lights cm the Property at City`s expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining. repairing, and removing the 1-loliclay Lights, which shall be affixed to the exterior orthe building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of CigE paying for the 1lollclav Lights. (c) Lightin a T� inter: Holiday Lights shall be oil a timer that will turn on at dusk and turn off at 12:00 ana, (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agrecnhent Willi City. (e) Owner Responsible for I-lolidav LiLhls Utilitv Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc,) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City;: The City covenants and agrees with Owner that: (a) _City Pay-ntcnt of Costs of Holiday Lights: City hereby agrees to pay for the costs or the installation, maintenance, repair, and removal of the I-Ioliday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly front the installation, maintenance, repair, oi- removal of the Holiday Lights Or' from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with par[icularity the default of delittill5 on Which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period. the other party may terminate this agreement and/or Pursue all remedies and sanctions available at law and in equity. including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk OWNER: By: (si,giiot w•e) Its: Res 1'1.�0� (title) Historic Downtown Stillwater Holiday Lights Agreement T�I}}is Downtown Historic Stillwater Holiday Lighting Agreement ("Agreem nt") is entered into on this 2 day of 2023 by and between the City of Stillwater ("City") and �0 %�► mA,10 Al-i<y114 1 ("Owner") for ekterior holiday lights to be located on the building at %h "Q l,nl S4 VV ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) I loliday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lialriing Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utili Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: 0 Ted Kozlowski, Mayor By: Beth Wolf, City Clerk OWNER: By: (signalur(e-) Its: Lille) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this day of ,kj 2023 by and between the City of Stillwater ("City") and J Y1 i� .� ("Owner") for exterior holiday lights to be located on the building at RQe e Cl ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements ol'the O\a,ner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) LightingTr: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk OWNER: By: (signature) Its: ©w { 1( iX _ (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this `! day of 2023 by and between the City of Stillwater ("City") and N Cal 15 u ("Owner") for exterior holiday lights to be located on the building at S M H Slr• - ("Property"). RECITALS: � � � �; r�-n �� � �� Ca • 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) CitLyment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) Ci Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific perfonnance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By• Ted Kozlowski, Mayor signature) By: Its: �L)/0, V\-9 Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this S day of tM A -I , 2023 by and between the City of Stillwater ("City") and I <' 2 14 1-1 GTE c r Zr y t3 t,-;t3Owner") for exterior holiday lights to be located on the building at `Yo 2 ,vat► IA► <T S. ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNXal) By: By: Ted Kozlowski, Mayor (si` By: Its: CCArLEAZflz iVHN<96'eK Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("A'reenlent") is entered into on this day of , 2023 by and between the City of Stillwater ("City") and &"►-� , S 7 V -r ("Owner") for exterior holiday lights to be located on the building at �.4 Z t� • vwa% � _ ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Li sting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Li,ghtin Timer: inner: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday l.lghts Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City,: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: Ry. - Ted Kozlowski, Mayor (signature) By: Its: Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this :3 day of 12023 by and between the City of Stillwater ("City") and oQ M o l rxdIgalS A' ("Owner") for exterior holiday lights to be located on the building at 20 a tjp i Ad S+ S . ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lightin Timer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: i;U- Ted Kozlowski, Mayor (signafu, ) By: Its: ' Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on thi`s,��j day of �— 2023 by and between the City of Stillwater ("City" nd S� 'V� � � VN� � ��rn�` r \ ("Owner") forfor exterior holiday lights to be located on the building at ffl��,VN t tj ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: ?.f By: By; Ted Kozlowski, Mayor (signature) / By: Its: 0 u� 'Y�� ' Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("A reement") is entered into on this � day of 2023 by and between the City of Stillwater ("City") and ����_ {-�.� �, RA Q n ("Owner") for exterior holiday lights to be located on the building at Z 753 P 1 1 St- f ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting ltin Timer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By Ted Kozlowski, Mayor Beth Wolf, City Clerk By: w tru ) Its: (title) I Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this day of 2023 by and between the City of Stillwater ("City") and 1'7 IK H r 11O1L ("Owner") for exterior holiday lights to be located on the building at Cray S4 S' , Loti too 06a kw"Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) LightingTimer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: a Ted Kozlowski, Mayor Beth Wolf, City Clerk OWNER: (signature) Its: 0`utiUZ, (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("A �reerrient") is entered into on this day of , 2023 by and between the City of Stillwater ("City") and 1G Hi de/2, ("Owner") for exterior holiday lights to be located on the building at 229 Ct i IV S j Sig Sn:JI►: 'L44A"Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lightin Tom: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: 1 niW — " - Ted Kozlowski, Mayor (signature) By: Its: 0 Beth Wolf, City Clerk (title) 1 • terwa The Birthplace of Minnesota March 31, 2023 HAF REAL ESTATE & DEVELOPMENT LLC s y 5&iS Subject: Downtown Holiday Lights Agreement Dear Downtown Stillwater Main Street Building Owners, The City of Stillwater, in collaboration with Downtown businesses and the Greater Stillwater Chamber of Commerce, would like to continue to light up Main Street Stillwater for the winter Holiday season. In 2020, each building owner signed an Indemnification/Release agreement. The agreement was for three years and expires May 1 st this year. We are requesting each property owner to renew the agreement to continue having the lights on the buildings. Please find attached the agreement form to complete, sign and return. You may drop it off at City Hall, mail it in envelope provided or scan and email it to me. Please return the completed form by Wednesday, April 12, 2023. Thank you for supporting Downtown and the City of Stillwater. Sincerely, Beth Wolf (cic Lr City Clerk bwolf _ci.stiIIwater.mn.us Enc. I/ 216 4th Street North, Stillwater Minnesota — 651-430-8800 — www.ci.stillwater.mn.us Historic Downtown Stillwater Holiday Lights Agreement This. Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this day of 2023 by and between the City of Stillwater ("City") and f ~�IQ /tr M� r LOA ("Owner") for exte for holiday lights to be located on the building at 2�� Cfi,V S �- S �.{ /li.L1 r.�, ,��("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: Ted Kozlowski, Mayor Beth Wolf, City Clerk OWNER: By ld(/tC_V V (signalure) Its: (title) Historic Downtown Stillwater Holiday Lights Agreement This Do ntown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entggre`�d into on this day of 2023 by and between the City of Stillwater ("City" and tq$ ` 04o ("Owner") for exter or holiday lights to be located on the building at d s; % "Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Li;liting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday I,i hts: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4.Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By:\\ —� Ted Kozlowski, Mayor (signature) By: Its: Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Ilistoric 5lillwaler Holiday 1ighting Agreement ("A�T'I'A&%.-'%. eenuent") is entered i to on this �N' day of K-W �1123 by and brtwecn the Cil,y of tillllwntcr ("('ity") turd 6C'A ("Owner") forc\Muior holiday lights to be located on the building of � +� Y_ k i e-) � � SF,.LI kvv, -r v''tN("Property' ). RECITAL~: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the pugt oses of installation, maintenance, repair, and removal of the Ltoliday Lights, NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Tenn: This Agreement shall coninictice on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Li lg sting Projcct: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and tum off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: / e 2-1i By: By: Ted Kozlowski, Mayor (.Vi n u rep) By: _ Its: r�4-;NJl� Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement is Downtown Historic Stillwater Holiday Lighting Agreement (" ���, 2023 by and between. the City of Stillwater ("City") and _ exterior holiday lights to be located on the building at t") is entered into on this __ , day of — ("Owner") ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Li tg sting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Li Ig itin Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d} Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Rest�onsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. 3. Covenants and Agreements of the Citv_: The City covenants and agrees with Owner that: (a) City Fayment of Costs of Holiday Li ts: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OW ERA �1 By: sy:_ Ted Kozlowski, Mayor (sigma $y; Its:_____ Beth Wolf, Ciry Clerk (title Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is .rune , 2023 by and between the City of Stillwater ("City") and 204 N Main St LLC for exterior holiday lights to be located on the building at 204 N Main St, Stillwater, MN entered into on this end day of _ ("Owner") ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City_: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) Cjjy LiabilitX: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By: Ted Kozlowski, Mayor LN OWNER: 204 N Main St LLC By: P (signat re) Chief Manager 6/2/2023 Beth Wolf, City Clerk (title) �1 1water THE B I R T H P LACE OF M I N N E S O T A DATE: June 1, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tom Ballis, Deputy Fire Chief SUBJECT: East Metro Public Safety Training Facility BACKGROUND In 2016, the East Metro Public Safety Training Facility (EMTF) opened with two live fire simulator buildings. The Stillwater Fire Department utilizes this training center annually for live fire recertification and licensing. Since 2016, the City of Stillwater has renewed the facility use agreement annually with the EMTF and this would extend the agreement until either party opts out. RECOMMENDATION Staff recommends renewing the EMTF agreement. ACTION REQUESTED EAST METRO PUBLIC SAFETY TRAINING FACILITY USE AGREEMENT THIS EAST METRO PUBLIC SAFETY TRAINING FACILITY USE AGREEMENT (the "Agreement") is made this day of , 2023 (the "Effective Date") by and between the East Metro Public Safety Training Facility Association, a joint powers organization under Minnesota Statutes, section 471.59, 1881 Century Avenue North, Maplewood, Minnesota, 55109, (the "Association"), and the City of Stillwater, a Minnesota municipal corporation, 216 4th St N, Minnesota, 55082 (the "Tenant"). The Association and the Tenant are individually a "Party", or collectively, the "Parties". The Effective Date is the date this Agreement is signed by the second Parry. 1. Use of Fire Training Facility. The Association owns and operates the East Metro Public Safety Training Facility at 1881 Century Avenue North, Maplewood, Minnesota 55109 (the "Facility"). The Association hereby leases to the Tenant and the Tenant hereby leases from the Association the Facility. Each separate use of the Facility by the Tenant during the term of this Agreement shall be scheduled with and approved by the Facility Coordinator. The Facility Coordinator or another training site manager must be on -site for all training conducted by the Tenant. If the Tenant is unable to provide its own training site manager, one will be provided by the Association at the rate established in Appendix A. 2. Term. The Tenant may use the Facility as desired after the Effective Date, subject to the Facility's availability. Availability shall be determined at the Association's sole discretion and pursuant to the terms of this Agreement. Either Party may terminate this Agreement upon 30 days' written notice to the other Party. 3. Fees. For the use of the Facility, the Tenant shall pay for the time and for all consumable items actually used during its rental at the rates listed in Appendix A. The total Page # 1 of 8 MA745-3-841240.v2 cost of the Tenant's use shall be determined and invoiced by the city of Maplewood. Payment must be made no more than 30 days following the use of the Facility by the Tenant or receipt of the invoice for the Tenant's use of the Facility, whichever is sooner. 3a. Cancellation Fee. A cancellation fee will be charged to the Tenant if the Tenant's cancellation is received by the Association less than 24 hours prior to the scheduled use. The fee shall be as established in Appendix A. There will be no charge for the cancellation if notice is received by the Association 24 hours or more prior to the scheduled use. 4. Insurance. The Tenant shall take out and maintain until six months after its last use of the Facility, general liability insurance covering personal injury, including death, which may arise out of the Tenant's use of the Facility and equipment owned by the Association. The Tenant shall maintain general liability insurance in an amount not less than the tort liability limits set for municipalities under Minnesota Statutes, section 466.04, as it may be amended from time to time, which is currently set at $1,500,000. The Association shall be named as an additional insured on the Tenant's general liability insurance policy and the Tenant shall file with the Association a certificate evidencing insurance coverage at least 10 days before the Tenant's use of the Facility. The certificate shall provide that Association must be given 10 days' advance written notice of the cancellation of the insurance. If two or more insurance policies maintained by either the Tenant or the Association apply to a single occurrence, the aggregate maximum limit of insurance under all the policies shall not exceed the highest available limit of insurance under any one policy. 5. Indemnification. The Tenant shall hold the Association and its officers, employees, and agents harmless from claims made by itself and third parties for claims Page # 2 of 8 MA745-3-841240.v2 including, but not limited to, personal injury, wrongful death, and property damage resulting from the Tenant's use of the Facility and equipment owned by the Association, except such loss or damage which was caused by the sole negligence or willful misconduct of the Association, its officers, employees or agents. The Tenant shall indemnify the Association, its officers, employees, and agents for all reasonable costs, damages, judgments or expenses which the Association may pay or incur in consequence of such claims, including attorney's fees. These indemnifications are subject to the tort liability limits set by Minnesota Statutes, section 466.04 for municipalities, currently set at $1,500,000. 6. Maintenance. During its use of the Facility, the Tenant shall maintain the Facility and equipment owned by the Association in as good a condition as it was before its use by the Tenant, reasonable wear and tear excepted. The Tenant shall be responsible for any damage to the Facility and equipment as a result of the Tenant's use and shall promptly reimburse the Association for any cost of repair. The Tenant shall clean the Facility and equipment after use by the Tenant. If the Tenant leaves the Facility in disrepair or fails to clean it, the Facility shall be cleaned or caused to be cleaned by the Facility Coordinator and the costs associated with its cleaning shall be paid by the Tenant. 7. Policies and Procedures. The Tenant shall follow the policies and procedures adopted by the Association from time to time for use of the Facility. 8. Site Manager. The Association shall appoint a Facility Coordinator to monitor the use of the equipment and the Facility if the Tenant does not have sufficient staff to perform the training and monitoring required under this Agreement. The Tenant shall comply with all instructions received from the Facility Coordinator or training site manager. In cases of conflicting instructions, the Facility's appointed site manager's decision shall be Page # 3 of 8 MA745-3-841240.v2 final. This shall not relieve the Tenant from any other undertaking and responsibility under the terms of this Agreement or requirements of the Association's policies and procedures. 9. Tenant's Representative. The Tenant has designated Chris Zeuli, Stillwater Fire Assistant Chief, to act as the Tenant's representative with respect to this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the Tenant's policies and decisions with respect to this Agreement. 10. Facility's Representative. The Facility has designed the Maplewood Fire Chief or their designee to act as the Association's representative with respect to this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and defined the Association's policies and decisions with respect to this Agreement. 11. Notices. Any notice required under this Agreement shall be communicated to the following addresses: If to Facility: East Metro Public Safety Training Center 1881 Century Avenue North Maplewood, MN 55109 Attention: Brad Davison Or email: brad.davison@maplewoodmn.gov If to Tenant: City of Stillwater 216 4th St North Stillwater, Minnesota, 55082 Attention: Chris Zeuli Or email: czeuli@ci.stillwater.mn.us 14. Waiver. A waiver by either Party of any breach of this Agreement shall be in writing. Such a waiver shall not affect the Party's rights with respect to any other or subsequent breach. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Page # 4 of 8 MA745-3-841240.v2 16. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 17. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications, understandings and agreements, whether oral or written, relating to the subject matter hereof. 18. Modification. This Agreement may be amended or modified to facilitate day- to-day execution of the terms and conditions of this Agreement. Any amendment or modification shall be in writing and duly executed by the Parties to this Agreement. 19. Data Practices Compliance. All data collected by the Tenant or the Association pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. [The remainder of this page is intentionally left blank] Page # 5 of 8 MA745-3-841240.v2 IN WITNESS WHEREOF, the Parties hereby acknowledge that they have read this Agreement and agree to all terms and conditions stated herein. EAST METRO PUBLIC SAFETY TRAINING ASSOCIATION EMPSTF Board Officer Dated: Page # 6 of 8 MA745-3-841240.v2 CITY OF STILLWATER ("Tenant") Signature: Name: Title: Dated: Signature: Name: Title: Dated: Page # 7 of 8 MA745-3-841240.v2 Appendix A: East Metro Public Safety Training Facility Facility Fees and Rental Rates Facility fees are for a 2-hour minimum with an additional hourly rate for additional time. Rates are subject to change or review annually. Live Burn Facility Rental 2-hour Minimum Fee Additional Cost per Hour *Burn Tower: Class A Live Fire (Not including consumables) $500 $200 *Burn House: Class B Live Fire (includes5moke/Propane) $1,000 $250 EMPSTF Site Manager (Required*) $150 $75 Additional EMPSTF Safety Officer/Instructional Assistance Per Hour $50 Facility ONLY Rental 2- hour Minimum Fee Additional Cost per Hour Burn Tower: Other Use $150 $75 Burn House: Other Use $150 $75 Drill Pad Only $100 $50 Classroom $100 $40 Discounts & Cancellations Fee Facility Rental of 6 or more hours on a single, or consecutive days 25% Discount of Hourly rates Facility Cancellation Fee (under24-hours/no show) = 2 Hr. minimum not to exceed $200 n/a Fees - Props, Tools & Consumables Add/Hr. Pallets Per Pallet $6/Per Pallet Straw Per Bale $10/Per Bale Smoke Machine (includes smoke fluid) Per rental session $50 Forcible Entry Prop Per rental session $100 *EMPSTF Site Manager is required to ensure compliance with EMPSTF policies and procedures. The site manager will check the renter in and confirm acknowledgement of rules and site use needs. At completion of any training evolution, the renter will be required to do a walkthrough of the training areas used with the Training Site Manager. Confirmation of site use, consumables use, and documentation of any damage or issues will be verified at the end of the time period. The two hour minimum fee includes time actually spent using the buildings. Payment for instructor(s) includes total time spent. If requested, the Training Site Manager will assist with operation of Class B props if the renter does not have an approved instructor. Appendix A: Effective Date 1-1-2021 1 water T H E B IRTHPLACE OF MINNESOTA DATE: May 25, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Gambling Off -Site Permit for Bayport American Legion Post 491 BACKGROUND The City has received a Lawful Gambling Application from Bayport American Legion Post 491 to conduct off -site gambling at Lowell Park, 201 Water St N during Lumberjack Days. The activity requested is pull -tabs and bingo to be held on July 14 — 16, 2023. RECOMMENDATION Bayport American Legion Post 491 has submitted the required documention demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore Staff recommends approving Bayport American Legion Post 491 to conduct off -site gambling at Lowell Park on July 14 — 16, 2023. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING BAYPORT AMERICAN LEGION POST 491 APPLICATION TO CONDUCT OFF -SITE GAMBLING AT LOWELL PARK. City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING BAYPORT AMERICAN LEGION POST 491 APPLICATION TO CONDUCT OFF -SITE GAMBLING AT LOWELL PARK WHEREAS, the Bayport American Legion Post 491 has submitted an application to the City of Stillwater requesting City approval of an application to conduct Off -Site Gambling at Lowell Park, 201 Water St 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 on July 14 — 16, 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 Bayport American Legion Post 491 to conduct Off -Site Gambling at Lowell Park, 201 Water St N on July 14 — 16, 2023. Adopted by the Stillwater City Council this 6th day of June, 2023 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk �l 1water THE B I R T H PLACE OF M I N N E S O T A > DATE: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: 2023 Hydrant Painting BACKGROUND Contractor will be sand blasting and painting approximately 365 fire hydrants. The City received two bids, lowest bidder was B&B Commercial Coatings at $45,625.00. Funding for this project will be paid out of the Utilities Capital Outlay budget. RECOMMENDATION Staff recommends approving the contract for 2023 Hydrant Painting with B&B Commercial Coatings. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2023 HYDRANT PAINTING. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this day of , 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and B & B Commercial Coating, 11276 Duffield Ave NW., Maple Lake, MN 55358 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; 2023 Hydrant Painting 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 4/13/23, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's representative with respect 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 Trenton Prevost to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 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 parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater B&B Commercial Coating, LLC 216 4th Street North 11276 Duffield Ave. NW Stillwater, MN 55082 Maple Lake, MN 55358 Attention: Robert Benson Attention: Trenton Prevost Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: trent@bbcoat.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving 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 By: Ted Kozlowski, Mayor Beth Wolf, City Clerk U CONTRACTOR B&B Commercial Coating LLC By: By (Please Print): Title (Please Print): Project Description: 2023 Hydrant Painting (Sa,lwater 2023 Hydrant Reconditioni P . Y City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275A100 Public Works Department 651-275-4112 Fax Item # ng a�n � Item Unit Quantity Unit Price Total 1 Price per Hydrant Each 365 125 45,625 Grand Total 45,625 Contractors Anticipated Start Date J utnL WV Contractors Anticipated Completion Date O 3 Notes Project Scope: The objective of the project is to recondition hydrants so rust, debris, and old paint are removed, and new paint is applied (sprayed) according to manufacturer's specifications. Sherwin-Williams Product Information Sheet (attached) Hydrant Reconditioning Special Provisions (attached) must be adhered to. Hydrants that are 2016 and newer as stamped on hydrant SHALL NOT be painted. Work must be completed 30 work days after the 1st day of work has started Bids due to the City of Stillwater on April 12, 2023 at 11:00 AM City's Small Contract agreement applies. IC 134 must be submitted prior to final payment. All bids must be submitted on the City's proposal form and be a complete proposal. Bids may be submitted by email, fax or Mail to City Hall at above address Attn: Robert Benson Questions contact Robert Benson 651-430-8740 or rbenson@ci.stillwater.mn.us Bids should be labled 2023 Hydrant Reconditioning Painting The City reserves the right to add or subtract quantities. Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date. Date: 4/13/2023 Name: Trenton Prevost Signature: / Title: Owner Company: B&B Commmercial Coating LLC Address: 11276 Duffield Ave. NW Maple Lake MN 5535£ 1 Water -1 THE BIRTHPLACE OF MINNES OTA TO: Honorable Mayor & City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, FIR Manager DATE: June 6, 2023 RE: Approving Juneteenth As A Paid Holiday 16*9111:1--1161,11 The City of Stillwater follows state statute 645.44 with regard to honoring state holidays. No public business can be transacted on a state holiday, except in case of necessity, including the new Juneteenth holiday which will be celebrated this year on Monday, June 19, 2023. The City was prepared to honor Juneteenth in 2024 in line with what was known earlier in the year — that the law was originally supposed to go into effect on August 1, 2023. Memoranda of Agreement approved by City Council as part of the 2023 — 2025 collective bargaining process are in place and following the recently passed legislation, now need modification to make the paid holiday effective this year, as well as modification to the City's employment policy manual to add the new paid holiday. ACTION REQUESTED Staff recommends that the City Council approve the attached resolution titled, "Approving Juneteenth As A Paid Holiday." DMR City of Stillwater Washington County, Minnesota RESOLUTION 2023-XXX APPROVING JUNETEENTH AS A PAID HOLIDAY WHEREAS, the Employer and the Union are parties to a collective bargaining agreement in effect January 1, 2023 through December 31, 2025; and WHEREAS, the Governor signed Senate File 13 amending Minnesota Statute 645.44, subdivision 5 establishing June 19 ("Juneteenth") as an official state holiday effective August 1, 2023; and WHEREAS, a provision in HF1830, the state and local government omnibus bill, changed the effective date to June of 2023, requiring that Juneteenth be observed in 2023. WHEREAS, the Employer wishes to provide Juneteenth as a paid holiday to all employees effective in 2023. NOW THEREFORE BE IT RESOLVED, the parties agree as follows: 1. Effective in 2023, Juneteenth will be added to the list of paid holidays found in each of the City's collective bargaining agreements, and to the list of paid holidays found in the City's Employment Policy Manual. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the City Administrator to sign the agreement. Adopted by the Stillwater City Council this 6th day of June, 2023 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 water T H E B IRTHPLACE OF MINNESOTA DATE: March 30, 2023 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: MESB Opiate Antagonists Subgrant Agreement BACKGROUND Currently the City of Stillwater partners with Lakeview EMS to obtain the lifesaving opiate antagonists, commonly known as Naloxone or sometimes by brand name Narcan. This medicine is administered to individuals that are experiencing life - endangering symptoms related to an opiate overdose. Lakeview EMS receives state funding that allows them to provide the opiate antagonist to those first responder agencies within their service area. This partnership has long provided Stillwater PD with this medicine, no doubt saving lives of Stillwater residents and visitors. As part of recent settlements with pharmaceutical companies, the State of Minnesota, through the Commissioner of Health and the Metropolitan Emergency Services Board is also providing funding to reimburse for the purchase of opiate antagonists. By approving this agreement, the City of Stillwater will have another avenue to obtain this life-saving medicine at no cost to the residents. We anticipate continuing to partner with Lakeview while utilizing the MESB if current funding does not allow us to continue this partnership. RECOMMENDATION Staff recommends approval of the Agreement. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING the MESB OPIATE ANTAGONISTS SUBGRANT AGREEMENT. METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SAINT PAUL, MINNESOTA 55104-3431 Opiate Antagonists Subgrant Agreement THIS AGREEMENT is entered into between the METROPOLITAN EMERGENCY SERVICES BOARD, Metro Region EMS, 2099 University Ave. W., Saint Paul, MN 55104 ("MESB"), and , ("Subgrantee"). RECITALS WHEREAS, 2015 Minn. Laws, Ch. 71, Art. 14, Sec. 3, Subd. 2, appropriated funds to the Commissioner of Health for grants to Minnesota's eight regional emergency medical services programs to purchase opiate antagonists and educate and train "emergency medical services persons," as defined in Minn. Stat. Sec. 144.7401, Subd. 4, clauses (1) and (2), ("Eligible First Responders"), in the use of these antagonists in the event of an opiate or heroin overdose; and WHEREAS, the State of Minnesota, acting through its Commissioner of Health (the "State"), entered into the Grant Agreement No. 225582 with the West Central Minnesota EMS Corporation ("WCMEMSC"), effective March 7, 2023 ("Grant Agreement"), to act as the fiscal agent for said grant; and WHEREAS, WCMEMSC, as the fiscal agent under Grant Agreement No. 225582 with the State of Minnesota, entered into a subgrant agreement (the "Subgrant Agreement") with the MESB, effective March 7, 2023 to reimburse for the purchase of opiate antagonists and for education and training of Eligible First Responders in the Metro EMS Region; and WHEREAS, Subgrantee, a first responder agency in the metropolitan region, is qualified to receive these funds as reimbursement for the purchase of opiate antagonists and/or for education or training expenses. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: I. SCOPE OF AGREEMENT AND QUALIFICATIONS A. This Agreement is to provide reimbursement for an opiate antagonist to be administered by an Eligible First Responder and/or for education or training of Eligible First Responders. For the purposes of this Agreement, "opiate antagonist" means naloxone hydrochloride or any similarly acting drug approved by the federal Food and Drug Administration for the treatment of drug overdose. B. Subgrantee understands that in order to be eligible for reimbursement of the cost of opiate antagonists it has purchased, it must have satisified all of the requirements of 2023-2024 MESB Naloxone Subgrant Agreement with Metro First Responder Agencies Minn. Stat. Sec. 151.37, Subd. 12(a) and (b), and Subgrantee hereby represents that it has fully satisfied said requirements. C. Subgrantee shall be reimbursed for the cost of an opiate antagonist it has purchased for the period from March 7, 2023 through September 28, 2024, subject to the limitations set forth in this Agreement. II. REGIONAL EMS AUTHORIZED REPRESENTATIVE The MESB's authorized representative for the purposes of administration of this Agreement is its Regional EMS Coordinator, or such other person as may be designated in writing by the Executive Director of the MESB. Contact information for the MESB's authorized representative is: Greg Hayes, Regional EMS Coordinator, Metropolitan Emergency Services Board, 2099 University Ave. W., Saint Paul, MN 55104, 651-643-8378, ghgyes@emsmn.org. III. REIMBURSEMENT AND METHOD OF PAYMENT Subgrantee shall submit to the MESB a copy of a detailed invoice and record of payment for the purchase of an opiate antagonist and/or education or training of Eligible First Responders. Upon verification and acceptance by the MESB's Regional EMS Coordinator of each invoice, the MESB will pay Subgrantee the invoiced amount. The MESB's reimbursement obligation is contingent on the MESB receiving grant funds from the WCMEMSC under the Subgrant Agreement, which is further limited to the total amount of grant funds remaining under the Grant Agreement between the State and WCMEMSC upon receipt of an invoice. Invoices must be received by the MESB no later than September 28, 2024. Reimbursement will be made in a timely manner following receipt of sufficient grant funds by the MESB from the WCMEMSC. The MESB will not expend any of its own funds to reimburse Subgrantee. IV. TERM OF AGREEMENT This Agreement shall be effective March 7, 2023 and shall terminate on September 28, 2024 or until the grant funds have been expended, whichever occurs first. V. LIABILITY Each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other and the results thereof. Nothing in this clause may be construed as a waiver by either party of any immunities or limitations of liability to which such party may be entitled pursuant to Minn. Stat. Chap. 466, or any other statute or law. VL AUDITS 2023-2024 MESB Naloxone Subgrant Agreement with Metro First Responder Agencies Under Minn. Stat. Sec. 16C.05, Subd. 5, Subgrantee's books, records, documents, and accounting procedures and practices of Subgrantee, or any other relevant party or transaction, are subject to examination by the MESB, the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. VII. DATA PRACTICES Pursuant to Minn. Stat. Sec. 13.05, Subd. 11(a), Subgrantee and the MESB must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the MESB under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Subgrantee under this Agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of the data referred to in this clause by either Subgrantee or the MESB. VIII. OWNERSHIP OF MATERIALS The State shall own all rights, title and interest in all of the materials conceived or created by the MESB, the WCMEMSC, their employees, or Subgrantee or its employees, either individually or jointly with others, and which arise out of the performance of the Grant Agreement, Subgrant Agreement, or this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("materials"). Subgrantee hereby assigns to the State all rights, title and interest to the materials. Subgrantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under the Grant Agreement by the Grantee, its employees or Subgrantee, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by Subgrantee. Subgrantees's employees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of Subgrantee's obligations under this Agreement without the prior written consent of the MESB. IX. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this Agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Subgrantee or its employees individually or jointly with others, shall identify the Minnesota Department of Health as the sponsoring agency and shall not be released without prior written approval by the Minnesota Department of Health. 2023-2024 MESB Naloxone Subgrant Agreement with Metro First Responder Agencies IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates set forth below. SUBGRANTEE By: Title: Date: METROPOLITAN EMERGENCY SERVICES BOARD Jill Rohret, Executive Director Date: 2023-2024 MESB Naloxone Subgrant Agreement with Metro First Responder Agencies �1 1water THE B I R T H P LACE OF M I N N E S O T A DATE: May 23, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a new On -Sale Liquor License with Sunday Sales for Elevage Hotel Group II, dba Lora Event Center BACKGROUND Elevage Hotel Group II, dba Lora Event Center has submitted an application for an on - sale with sunday sales intoxicating liquor license. Lora Event Center moved into the vacant building at 324 Main Street S (formerly Lions Tavern). This license will be effective in June after satisfactorly completing all license requirements. RECOMMENDATION Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Planning and Finance Departments, as well as Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the issuance of a new On -Sale Liquor License with Sunday Sales for Elevage Hotel Group II, dba Lora Event Center at 324 Main Street S, contingent upon the satisfactory investigation, inspections, and approvals. City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING ISSUANCE OF NEW ON -SALE LIQUOR LICENSE WITH SUNDAY SALES TO ELEVAGE HOTEL GROUP II, DBA LORA EVENT CENTER WHEREAS, an application has been received for the issuance of an On -Sale Liquor License with Sunday Sales to Elevage Hotel Group II, dba Lora Event Center, located at 324 Main Street S; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of a new On -Sale Liquor License with Sunday Sales conditioned upon approval from Police, Fire, Building, Planning and Finance Departments, as well as Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). Adopted by the Stillwater City Council this 6th day of June, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 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: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: 2023 Street Improvement — Parking Prohibition around Bergmann Park BACKGROUND The streets around Bergmann Park are proposed for mill and overlay. During the public hearing residents requested the addition of a parking lane along the park side of the road, City Council directed staff to add the parking lane. Because the streets were built to 26 ft wide in some areas and the nature of the development with multi -unit buildings, and the number of sport events that take place during the summer months in the park make parking on both sides of the streets very challenging for residents. RECOMMENDATION Staff recommends approving the prohibition of parking along the property side of Bergmann Dr., Timber Way, and the east 300 ft of Judd Trail from the intersection of Bergmann Dr. and Judd Trail. See exhibit for location. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING PROHIBITION OF PARKING ALONG THE PROPERTY SIDE OF BERGMANN DR., TIMBER WAY, AND THE EAST 300 FT OF JUDD TRAIL FROM THE INTERSECTION OF BERGMANN DR. AND JUDD TRAIL FOR 2023 STREET IMPROVEMENT PROJECT. Bergmann Park Proposed no parking locations Exhibit Proposed location for new parking lane Existing location of parking lane Proposed No Parking sign locations 11= ?♦ WA 1 «•; �• -. rr ,� 1 72 I .�. t ► . j 3401 . (7i6m tC �• �'�' = r 17( • ♦�+ . yr &V '\ ti t j< • , r , W 1220 _ ' 211 1.2401255 ' 62ND ST N DATE: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Annual State Performance Measurement Program BACKGROUND The City of Stillwater participates in the State of Minnesota Performance Measurement Program as established by the State Council on Local Results and Innovation. Participation in the program requires reporting the results of a minimum of ten performance measures (as developed by the State) to the Office of the State Auditor annually. The City uses Polco, an online polling platform company, to help measure the City’s performance. The City advertises several times a year through Facebook and the City newletter asking residents to engage with the City by providing feedback through Polco. Subscribers signup online to receive monthly emails asking them predesigned survey questions. There has been a steady increase in subscribers since inception of June 2019 however low participation still occurs, see chart below. 2019 2020 2021 2022 2023 Polco Total Subscribers: 574 777 872 956 961 Average number of people participating per month: 84 60 37 52 61 The City of Stillwater has chosen 10 performance measures in the areas of general, police, fire, and streets performances for participation in the State program. In addition, we are collecting data on several other areas such as: customer service, elections, events, library, parking and parks. Below are the 10 performance measure and their results. General Measure 51% of residents rate Stillwater as an excellent place to live (2022 survey results). Percentage change in taxable property market value o 2019 – 6.12% o 2020 – 8.97% o 2021 – 0.90% o 2022 – 5.6% Moody’s Bond Rating o 2019 – Aa2 o 2020 – Aa2 o 2021 – Aa2 o 2022 – Aa2 Fire and EMS Measure 99% of residents responding to the survey feel the Stillwater Fire Department’s service is very good to excellent (2022 survey results). Insurance Service Office (ISO) rating of 4 Fire call per 1,000 population o 2019 – 21 o 2020 – 16 o 2021 – 18 o 2022 – 16 EMS calls per 1,000 population o 2019 – 51.95 o 2020 – 52 o 2021 – 59 o 2022 – 53 Police Services Measure 78% of residents responding to the survey rate the service from Stillwater Police Department as positive (2022 survey results). Part I Crime Rates o 2019 – 1,431 o 2020 – 1,464 o 2021 – 1,170 o 2022 – 975 Part II Crime Rates o 2019 – 2,924 o 2020 – 2,518 o 2021 – 1626 o 2022 – 1,769 Part I Crime Clearance Rates o 2019 – 20.7% o 2020 – 17.6% o 2021 – 14.7% o 2022 – 60.3% Part II Crime Clearance Rates o 2019 – 54% o 2020 – 40.6% o 2021 – 53.6% o 2022 – 60.3% Streets 73% of Stillwater residents responding to the survey rate the overall quality of Street Maintenance as good and 66% feel the sidewalks are in good condition (2022 survey results). Average city street pavement condition rating o 2019 – 6.72 o 2020 – 6.72 o 2021 – 6.72 o 2022 – 6.72 ACTION REQUESTED Council should pass a motion approving Resolution 2023-___ Approving Participation in Minnesota Performance Measurement System Program. City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING PARTICIPATION IN MINNESOTA PERFORMANCE MEASUREMENT SYSTEM PROGRAM WHEREAS, the benefits to the City of Stillwater for participation in the Minnesota Council on Local Results and Innovation's comprehensive performance measurement program are outlined in Minn. Stat. §6.91, and include eligibility for a reimbursement as set by State statute; and WHEREAS, any city or county participating in the comprehensive performance measurement program may also be exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, the City of Stillwater has adopted and implemented at least ten of the performance measures, as developed by the Council on Local Results and Innovation, and the City of Stillwater has used and will continue to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes. NOW THEREFORE BE IT RESOLVED THAT, the Stillwater City Council does hereby approve to continue to report the results of the performance measures to its citizenry by December 31, 2023 through publication, direct mailing, posting on the city's/county's website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, that the Stillwater City Council does hereby approve submittal to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. Adopted by the Stillwater City Council this 6th day of June, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 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: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: Pioneer Park Habitat Restoration Project BACKGROUND The following contractors have been selected to do the work for the previously approved MN DNR grant -funded restoration project at Pioneer Park. Landbridge Ecological will be responsible for performing mechanical and herbicide treatments to suppress invasive herbaceous plants, establishing native seed across the site, maintaining seed throughout establishment, and planting replacement shrubs and trees in various locations. Native Resource Preservation Inc. will be handling the removal and disposal of all invasive woody plants including black locust, buckthorn and Siberian elm. The City received three bids for the project, and split the work between two contractors. Landbridge Ecological gave the lowest bid for vegetation maintenance and establishment at $24,170.30. Native Resource Preservation gave the lowest bid for woody plant removal at $26,220. The total cost of the project is $52,500. 90% of the project will be funded by the Minnesota DNR's Conservation Partners Legacy Grant Program, a total of $47,775 in grant funds awarded. The grant program requires a 10% match from the awardee, which will be split between cash and in -kind. $1125 of the required match will be in -kind, using the natural resource technician's staff time for project oversight over the course of the three-year project. The remaining $3650 will be a cash match from the Forestry budget. RECOMMENDATION Staff recommends approving the contracts for the Pioneer Park Habitat Restoration Project ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACTS FOR THE PIONEER PARK HABITAT RESTORATION PROJECT. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 6th day of June, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Landbridge Ecological, 670 Vandalia Street, Saint Paul, MN 55114 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; 2023 Pioneer Park — Tree Work NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 5/18/23, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Andrew Coyne to act as the City's representative with respect 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 Patrick Kelly to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Landbridge Ecological 216 4th Street North 670 Vandalia Street Stillwater, MN 55082 Saint Paul, MN 55114 Attention: Andrew Coyne Attention: Patrick Kelly Or e-mailed: acoyne@ci.stillwater.mn.us Or emailed: patrick(alandbridge.eco 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving 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 By: Ted Kozlowski, Mayor Beth Wolf, City Clerk U CONTRACTOR LANDBRIDGE ECOLOGIAL By: By (Please Print): Title (Please Print): Project Description: 2023 Pioneer Park — Tree Work LANDBRIDGE ECOLOGICAL AGREEMENT This AGREEMENT is made as of the 18't' day of May in the year 2023, by and between the following parties, for services in connection with the PROJECT identified herein: OWNER/REPRESENTATIVE City of Stillwater 216 4"' Street N. Stillwater, MN 55082 CONTACT CONTRACTOR Landbridge Ecological 670 Vandalia St. St. Paul, MN 55114 PROJECT Andrew Coyne — Natural Resources Technician Pioneer Park OWNER/REPRESENTATIVE This contract governs the rights and responsibilities of LANDBRIDGE ECOLOGICAL (hereafter referred to as LANDBRIDGE) and the City of Stillwater (hereafter referred to as OWNER/REPRESENTATIVE) where LANDBRIDGE has been retained to perform services for the contracting party. By signing below, the OWNER/REPRESENTATIVE is attesting that they are fully authorized by the landowner to enter into such an agreement. SCOPE OF SERVICES LANDBRIDGE will perform the following professional design and construction services to the property and provide all material, equipment, tools and labor, necessary to complete the WORK described herein, including the following: Item Description of Work Unit Unit Price Total Price 1 Base Bid - See attached proposal/task breakdown (does not include alternates provided) $24,170.30 2 3 4 Total $24,170.30 670 Vandalia Street Saint Paul, MN 55114 612.503.4420 www.landbridge.eco SCHEDULE OF PAYMENTS The OWNER/REPRESENTATIVE agrees to pay LANDBRIDGE for professional and construction services as follows: • Compensation for installation and vegetation management shall be in the amount of $24,170.30, lump SLIM. • Work -in -progress shall be invoiced on a monthly basis. Terms'of payment shall be net 30 days. The OWNER acknowledges that non payment of fees owed under this agreement will result in a mechanics lien being placed on the property upon which the project is located, PRELIEN NOTICE: LANDBRIDGE notifies the OWNER as follows pursuant to Minnesota Statutes section 514.011: (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. LIMITATION OF LIABILITY The OWNER shall indemnify LANDBRIDGE and defend and hold it harmless from and against any loss, claims, liabilities, damages or costs, including reasonable attorney's fees, related to the PROJECT or the performance of LANDBRIDGE'S services pursuant to this AGREEMENT, unless caused by the fault or negligence of LANDBRIDGE, its agents or employees. INSURANCE LANDBRIDGE agrees to maintain during the term of this contract the following insurance: Workers Compensation Insurance, Commercial General Liability (with coverage no more restrictive that that provided for by standard ISO Form CG 00 01 11 88 or CG 00 01 10 93 with standard exclusions "a" through "n") with a rninimum limit of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate for bodily injury and property damages, the limit specified may be satisfied with a combination of primary and Umbrella/Excess Insurance, CONTROLLING LAW AND VENUE, This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any dispute arising out of or related to this AGREEMENT or the PROJECT will be determined by litigation in Ramsey County, Minnesota, CONTRACTOR shall be entitled to recover all reasonable costs of collection in any such dispute, including but not limited to interest, costs, disbursements, and reasonable attorneys' fees paid or incurred by CONTRACTOR in connection with such dispute. LANDBRIDGE 670Va"`'a"`'S``� Saud Paul, MN 55114 615Q3e^'° ECOLOGICAL www.landbridgc eco COMPLETION All parties agree the work for this PROJECT will be performed by 11/30/2025' with several intermediate completion dates unless circumstances beyond LANDBRIDGE's control prevent LANDBRIDGE from completing the PROJECT. ENTIRE AGREEMENT This AGREEMENT represents the entire agreement and understanding of the parties hereto with respect to the subject matter of this AGREEMENT, and it supersedes all prior and concurrent agreements, understandings, promises or representations, whether written or oral, made by either party to the other concerning such subject matter. This AGREEMENT may be amended only in a written document signed by both parties. Landbridge Ecological, LLC Patrick Kelly, Sales 670 Vandalia St. St. Paul, MN S5114 612-503-4420 patrick@landbridge.eco Date: S d Andrew Coyne City of Stillwater 216 4`h Street N. Stillwater, MN S5082 651-430-8836 acoyne@ci.stillwater.mn.us Signatty -e: 16 e, Natural Resources Technician 5/Z2/ 23 W5 L A N D B R I D G E 67Vandalia Street Saintt Paul, MN 55114 F/ ECOLOGICAL wvrw.612.landbridgaridge2o .eco LANDBRIDGE ECOLOGICAL Land Management Quote - Update 2 To: Stillwater. City of - Andrew Coyne Address: 216 411% St N Stillwater, MN 35082 Project Name: Pioneer Pak Project Location: 515'Ulf St N Stillwater, MIN 55082 Item a Ilan Dcscriplioa BASE AID I Ihajecl Setup k Mmulgement - 201t 7 Garlic Mustard Cumrol .102112024 3 VwA,slwdiSPvmwa Areas: Site lhe)wwliun flobicide'lscAtumnt - 2023 4 SlupeiSm:uwa Arem4 Site I'mpAwitm Whipping & Raking - 2023 5 Slade Area: Iluckthom Replaremcnl Seed \hx - M2.1 6 Shade Arca: limmicasl lhrei-stw4 ing - 2023 7 Viewshed Area: Seed Still • 202.1 S Savanna Area: Seed fix- 2021 9 Views1wVS(warma Areas: Hmukast Scethng - 2023 10 Seeded Area: Finablishmcnl .Mauonwuce - 201412023 11 34Aare Rml Ttres wlgmw lubcs - 2025 12 2.3' hive Rout S11111M - 2025 Cmlincl: Ales Scario Phone: 612-50.1 4911 Email: a e+ rurtaldlrulbridae win Ihuar I)air: VI1023 unit Ell Qty 14ril 1'nec Total Price Lump Sum I S 7M) (XI 750.00 Encb i S 'f 51) 00 ) 1.500.00 Visit 2 S 1,41111.0() s 21630.00 Lump Sum I S 4,770,00 + 4,770.00 Acre 0.41 S 92156 + 414.70 Lwup Stun 1 S 225,01) + 225.00 Acre 0.52 S 720 (a) + 37440 Acre UM) + 780 (a) + 516 00 Lump Sum I i I.M0.00 > 1.500.00 Visit d + 1.55�.U0 + 6220,00 Each 60 t 11.81 > 2.272.2n Bach I(K) N 17.18 S 2,778.00 Total Base Quote: S 24,170.30 Allan nalua 1.1 Vsew .hvJ knsou m Area. Nmmal Net I n•ann I mlwl lllmiko Sgwue yurd 5905 S + S2 S 16.652.10 ISI+ODN. or simildarl 14 VInW7llett/Snwluara Arem' Straw Nfulell Aetc 1.22 S 1.606 73 S 1,960.21 l5 9" Straw Wrulle Linear Feel 150 S 3.30 S 495.00 16 Livc Plants for Inereaml Diversity & Aesthems: I'luKs Each 5(K) S 3.65 $ 1.825.00 NOTES: holdhlidgv fetJoYu al v..1 I,WAlly.utssit d and operaroJ solell, W..11snn-I Mued Iln.rua:.. 111teillim. twill I+rut 1, .valliv.1 qutulkh lbe Mall neue,r 1 •udlril Carlificalion Pt(Wam f.%hWCP) and by the Cuuuol Cerlilientiun Protean as n DDE- Small and Women Business Enlciplix ISAVDEI in fiennepin and Ramsey Counties Proof of cerlificalion is available on mprest -Qnule does not pmvkle lot any tail aluratiunslplaceuxul, warrinnty 09 malarial replaccmvol, building (it other ee915 led specifically COMA (All Above. -Quole. asstunes Landbddge imendcil slmlegics. And does not provide for changes Chnnges to phim. material:. or liming may Iesuh in a duorge onkr. -Qunic is vnlid for 30 days, after which prices arc subject to change -Garlic Mumiud cuoeul via mechanical eflons, either hAud-pulling or whipping, dependent oU population size slid risk of erosion INm tlw rcconununded proceduic Lnndbridge typically lecolnmenda binning as a mere complete 11MIQII removal process Seed In Soil contact cony he reduced. 670 Vandalla Street Saint Paul, MN 55114 612.503,4420 www.lnndbridge.ecu �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 6th day of June, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Native Resource Preservation, LLC., 260 Wentworth Ave E, West St. Paul, MN 55118 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; 2023 Pioneer Park — Tree Work NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 5/4/23, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Andrew Coyne to act as the City's representative with respect 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 Caroline Fazzio to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Native Resource Preservation, LLC. 216 4th Street North 260 Wentworth Ave E. Stillwater, MN 55082 West St. Paul, MN 55118 Attention: Andrew Coyne Attention: Caroline Fazzio Or e-mailed: acoyne@ci.stillwater.mn.us Or emailed: caroline.fazzio@nrp.eco 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving 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 By: Ted Kozlowski, Mayor Beth Wolf, City Clerk U CONTRACTOR NATIVE RESOURCE PRESERVATION, LLC. By: By (Please Print): Title (Please Print): Project Description: 2023 Pioneer Park — Tree Work �.i�r'.1j,�•�. .�`�{y: �(:r� / �� mat4'_ Native Resource Preservation, LLC 260 Wentworth Ave. E, West St. Paul, MN 55118 info@nrp.eco 320-413-0015 Primary Contact Caroline Fazzio 715-307-8520 caroline.fazzio@nrp.eco Contents AboutNRP...................................................................................................................................................................................................................... 2 OurLight on the Land Ethic........................................................................................................................................................................................ 3 OurWork........................................................................................................................................................................................................................4 OurTeam....................................................................................................................................................................................................................... 6 Quote............................................................................................................................................................................................................................. 8 ManagementPlan Summary.......................................................................................................................................................................................... 8 NPage 2 of 8 L: C.. T ON TN C L ANO About NRP Native Resource Preservation LLC (NRP) was founded in 2014 with the mission of restoring native landscapes without compromising ecological standards and existing remnant habitats. Since our founding, we have completed ecological restoration and habitat enhancement projects throughout Minnesota and the Midwest according to our Light on the Land ethic. For our company's first few years, we were selective with our clients and kept our crews small in order to maintain the lasting standard of this Light on the Land ethic and the meticulous groundwork that comes with it. However, our client network quickly began requesting that we undertake more work and larger projects. Therefore, in 2016, due to client demand, we started taking on more clients and growing to meet the demand for excellent land management work. We have a diverse array of over 200 clients including local, state, and federal agencies, private homeowners, non -profits, and engineering firms. Our projects range from 1-acre backyards to 100-acre public lands, and single visit consultations to multi -year management plans. We believe that everyone has a role in conserving natural resources and native habitats, and we take a lot of pride in assisting our local and rural communities with their restoration goals. Our team consists of over 25 natural resource professionals spread across two locations. Led by industry experts with over 10 years of experience, our team combines a unique mix of experience, background, interest, and education. Despite our veteran leadership, we are also committed to providing opportunities for emerging professionals to gain experience and bring new ideas and passion to our work. It has been the matchless product standard of our Light on the Land ethic that has led not only to our success as a team, but the success of our clients and their land. It is this standard that we refuse to compromise, and this land ethic that sets NRP apart. Light on the Land is an approach to land management and restoration that recognizes the need to conserve natural resources and restore native habitats without further damaging existing native communities and ecosystems. Therefore, we aim to be as non -intensive in our techniques as possible. This means more boots -on -the -ground work with light equipment, safe herbicide use, and minimal disruption of existing soil and native vegetation. When projects require the use of heavy machinery, all of our equipment has been designed to provide minimal compressive impact on the soil with industry low psi, and our operators are trained to avoid ground rutting and tearing whenever possible. This requires extra work and planning, but we believe it is worth it. rq;:Nm Page 3 of 8 LI[i HT 0N THE LAND Our Work Dakota Lake Forest and Woodland Enhancement, Phase II Dakota County, Lebanon Hills Regional Park Project: 60 acres, prairie and hardwood habitat enhancement Contract: multi -year, $123,631 Primary Goals: create conditions that favor biodiversity; return natural processes such as fire, to control invasive species; remove 100% of the exotic woody shrubs; thin over -abundant native trees and shrubs from select areas to open up light availability. Contact: Shannon Montante, Natural Resources Specialist, 952-891-7503, shannon.montante@co.dakota.mn.us Nicollet Island, Minneapolis Friends of the Mississippi River (FMR) Project: Ecological restoration and 3-year maintenance Contract: multi -year, $90,787 Primary Goals: restore grassland and forest ecosystems to pre -settlement conditions throughout the whole island; removal and treatment of invasive species; erosion control and stream bank stabilization; prep, seed, and maintain native prairies. Contact: Alex Roth, Ecologist, 651-222-2193 ext. 33, aroth@fmr.org 2019 Slope Repairs City of Burnsville & WSB Engineering, City of Burnsville Project: Ravine restoration and stabilization Contract: single -year, $173,305 Primary Goals: re-establishment and stabilization of three erosive ravines; excavator regrade slope; install riprap, plunge pools, gabion walls, and sediment catch basins; lay erosion control blanket and seed. Contact: Heather Nelson, WSB Engineering, 763-231-4840, hnelson@wsbeng.com Big Stone Lake State Park Tree Removal Habitat Enhancement Project Minnesota Department of Natural Resources, Big Stone, MN Project: 9 acres of woodland, prairie, and grassland Primary Goals: cut, stump treated with herbicide, removed/piled and burned all non-native/undesirable trees and brush; equipment: forestry mowing, felling 2 acres of 30+ dbh cottonwoods. Contact: Terri Dinesen, Park Manager, 320-734-4450 x229, terri.dinesen@state.mn.us NPage 4 of 8 _ MH r ON THE LANO Henningson Property Woody Vegetation Removal Minnesota Land Trust and US Fish and Wildlife Service, Big Stone County, MN Project: 32 acres woody invasive removal Primary Goals: cut, stump treat, and remove woody invasive species; Siberian elms and buckthorn throughout a ravine on private property. Contact: Alex Gault, Wildlife Biologist, 320-808-8556, Alexander_Galt@fws.gov Lac qui Parle WMA—Thomson Tract Tree and Brush Removal Pheasants Forever, Inc (PF), Lac qui Parle County, MN Project: 145 acres grassland Primary Goals: cut, stump treated with herbicide, and piled all nonnative/undesirable trees and shrubs; cleared and grubbed 2 acres of dense old grove; Equipment: via forestry mower, skid loader, excavator, herbicide application, and chainsaws. Contact: Walt Gessler, Area Supervisor, 320-734-4451 ext. 227. walt.gessler@state.mn.us Rapids Lake Wildlife Refuge Unit Minnesota Valley National Wildlife Refuge Trust, US Fish and Wildlife Service, Carver, MN Project: Oak savanna and prairie habitat restoration Primary Goals: cut, treated, and removed exotic woody invasive species; equipment: feller buncher w/ hot saw, forestry mower, grapple Contact: Walt Gessler, Area Supervisor, 320-734-4451 ext. 227; walt.gessler@state.mn.us *This is just a small collection of our work, please contact us if you have questions regarding the extent of our experience. NPage 5 of 8 LIGIHT ON THE LANO Our Team In addition to the leadership team listed below, we have a staff of skilled, experienced technicians who assist with all our projects. Seth Kaduce, Executive Director/Owner Bachelors of Environmental Science, Iowa State University 10+ years of ecological restoration experience Seth's work includes land management and restoration work with University Extension, the Conservation Corps of Minnesota, the MN Department of Natural Resources, the U.S. Fish and Wildlife Service, and a Soil and Water Conservation District. Through these experiences, he honed his knowledge of conservation techniques, and recognized the various ways companies lacked attention to detail and knowledge of subject matter. Eric Bergeron, Director of Operations/Owner Bachelors of Biology/Environmental Science, University of Wisconsin - Platteville 10+ years of ecological restoration experience Eric's work involved restoration of all different landscapes including: prairies, woodlands, savannas, wetlands, streams and shorelines. His broad knowledge in many different restoration techniques is an assetfor all our projects —from large acreage projects to small backyard pollinator gardens. Josh Peterson, Regional Director of Habitat Management Division Bachelors of Resource Management, University of Minnesota -Mankato 15+ years of ecological restoration experience Josh's experience includes 6 years with the Conservation Corps of MN, as well as the MN DNR doing prescribed fire, tree removal, and seed collection He also spent multiple years as a habitat specialist with Habitat Forever. His strong leadership and 15+years of experience bring excellent habitat management service to our clients and landscapes. Experience & Certifications • Certified Commercial Applicator — Cat A, F, & 1 • CMPB2 Burn Boss • Fire experience: 2500+ acres, 150 burns • FEMA Incident Command in Training • Wilderness First Aid/CPR • National Wildfire Coordinating Group: S-130, S-190, L-180, S-212, S-131, S-133, S-290, EVOC Emergency Vehicle Operations Experience & Certifications • Certified Commercial Applicator — Cat A, F, & J • Fire experience: 1500+ acres, 250+ burns • FEMA Introduction to Incident Command System • Skid Operator • Wilderness First Aid/CPR • National Wildfire Coordinating Group: S-130, S-190, L-180 • MN Erosion & Stormwater Management Certification: Manager, Installer Experience & Certifications • Certified Commercial Applicator • CMPB1 Burn Boss • Fire experience: 15000+ acres, 125+ burns • CRP and CREP/RIM Management Expert • Tractor and Skid Operator • First Responder and Ambulance Service • National Wildfire Coordinating Group: S-130, S-190, L-180, S-211, S-212, S-234, S-131, S-133, S-290, S-230, S-231, EVOC Emergency Vehicle Operations NPage 6 of 8 LIGHT ON THE LAND TJ Lenaerts, Restoration Ecologist -Public Lands Bachelors in Field Forestry/Animal Ecology, Iowa State University 4 years of ecological restoration experience Caroline Fazzio, Ecological Coordinator -Private Lands Bachelors in Environmental Science, Certificate in Environmental Studies, University of Wisconsin -Madison Masters in Ecological Restoration, Colorado State University 5 years of ecological restoration experience Nick Meixner, Lead Restoration Operator Bachelors of Science in Wildlife Biology, Minor Wetlands Ecology, Bemidji State University 4 years of ecological restoration experience Keenan Bergstrom, Forest Inventory Specialist Bachelors of Biology, Bethel University 5 years of ecological restoration experience Nick Connell, Crew Lead Bachelors of Environmental Science, University of Minnesota -Duluth 5+ years of ecological restoration experience Erik Muhlenbruck, Crew Lead Bachelors of Field Biology, University of Wisconsin -River Falls 4 years of ecological restoration experience Bryce Origer, Crew Lead Bachelors of Environmental Science, Wartburg College 3 years of ecological restoration experience Experience & Certifications • Certified Commercial Applicator — Cat A, J • Fire experience: 80+ burns • Skid Operator • Wilderness First Aid/CPR • National Wildfire Coordinating Group: S-130, S-190, L-180 • MN Erosion & Stormwater Management Certification: Installer Experience & Certifications • Certified Commercial Applicator — Cat A, E, F, & J • Fire experience: 80+ burns • FEMA Introduction to Incident Command System • Wilderness First Aid/CPR • National Wildfire Coordinating Group: S-130, S-190, L-180 • Certified MN Wetland Professional In -Training _ Experience & Certifications • Certified Commercial Applicator— Cat A, J • MN Erosion & Stormwater Management Certification: Installer • 2000+ Hours operating experience Experience & Certifications • Certified Commercial Applicator — Cat A, F, J • FEMA Introduction to Incident Command System • 1st Aid/CPR Certificate • National Wildfire Coordinating Group: S-130, S-190, L-180 • TCIA Qualified Line Clearance Arborist Experience & Certifications • Certified Commercial Applicator — Cat A, J • National Wildfire Coordinating Group: 5-130, 5-190, L-180 Experience & Certifications • Certified Commercial Applicator — Cat A, F, J • FEMA Introduction to Incident Command System • 1st Aid/CPR Certificate Experience & Certifications • Certified Commercial Applicator — Cat A, J • 1st Aid/CPR Certificate • MN Erosion & Stormwater Management Certification: Installer Page 7 of 8 LIGHT ON THE LAND Quote 2023/2024 Item # Timeline Service Unit Est. Qty Cost/Unit Total ($) 1 Summer 2023 Woody Species Removal: Cut & Stump Treatment, Girdling /acre 2 5,890 11,780 2 Summer 2023 Chipping - Onsite /acre 2 5,340 10,680 3 Fall 2023 Foliar Spray Treatment, year 1 /acre 2 940 1,880 4 Fall 2024 Foliar Spray Treatment, year 2 /acre 2 940 1,880 Year Total $26,220 Management Plan Summary Invasive Species Management NRP will cut and stump treat all black locust, buckthorn, honeysuckle, and other invasive species on the hillside. We will coordinate with the City of Stillwater to determine which native species will be removed from the center unit (yellow unit). Stumps will be treated after cutting with a 25% triclopyr, 5% Sonora herbicide mix. Alternatively we can girdling and treat trees that can be left as standing snags. Snags provide wildlife habitat and are worth leaving on a site if they are not at risk of hitting anything should they fall. We cannot cut any material that requires us to leave the ground (climbing, cranes, lifts, etc.). We will leave any species along cliffsides that are unsafe for our crews to cut. We can discuss with the City possible options for removal of this material. Cut material will be pulled to the edges of the units and staged for chipping. All cut material will be chipped back into the unit. NRP can either scatter the chipped material across the unit or chip into specific piles within the unit to be reused. Chipped material may be used for ground cover over plantings or seedings. The chipper will need to access the lower road along the bottom of the unit as well as the cul-du-sac at the top of the unit for chipping. We will return to the site during the fall season (September -November) to treat any woody invasive resprouts or seedlings. Resprouts and seedlings will be foliar sprayed with a 5% mix of triclopyr and Sonora. We will conduct 2 years of follow up foliar spray before assessing the site for future management needs. N1Page 8 of 8 LIDMT ON THE LAND Native Resource Preservation LLC 260 Wentworth Ave E, Ste 155 West St. Paul, MN 55118 320-413-0015 info@nrp.eco www.nrp.eco CONTRACT OF WORK & SERVICES Please sign below to acknowledge your acceptance of the attached proposal. Ail#ew Come Accepted By (Signature) Andrew Coyne (Apr 5,202316:06CDT) Accepted Date Apr 5, 2023 NRP Project Manager Signature: 4/5/2023 TERMS Overdue invoices may be subject to a 5% late fee By accepting this proposal, you accept our TERMS AND CONDITIONS. Please review them at the link below. www.nativeresourcepreservation.com/terms-and-conditions N LIGHT ON THE LAND The Customer may cancel this contract at any time prior to midnight of the third business day after the date signed. See the Notice of Cancellation form for an explanation of this right. www.nativeresourceoreservation.com/notice-of-cancellation Your business helps in the preservation of our ecological communities, and broadens our faith that humans as a collective are willing to help restore and uphold our native resources. Thank you. Pioneer Park Contract Final Audit Report 2023-04-05 Created: 2023-04-05 By: Caroline Fazzio (carol ine.fazzio@nrp.eco) Status: Signed Transaction ID: CBJCHBCAABAAiJtdrus-z601 WckoVboYaZij7a5jLURA "Pioneer Park Contract" History Document created by Caroline Fazzio (carol ine.fazzio@nrp.eco) 2023-04-05 - 7:09:05 PM GMT- IP address: 65.141 250.2 Document emailed to acoyne@ci.stillwater.mn.us for signature 2023-04-05 - 7:09:29 PM GMT Email viewed by acoyne@ci.stillwater.mn.us 2023-04-05 - 8:59:32 PM GMT- IP address: 156 99 209 193 Signer acoyne@ci.stillwater.mn.us entered name at signing as Andrew Coyne 2023-04-05 - 9:06:08 PM GMT- IP address: 156.99.209.193 Document e-signed by Andrew Coyne (acoyne@ci.stillwater.mn.us) Signature Date: 2023-04-05 - 9:06:10 PM GMT - Time Source: server- IP address: 156.99 209 193 c Agreement completed. 2023-04-05 - 9:06:10 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 0 Adobe Acrobat Sign 1 Water _1 THE BIRTHPLACE OF MINNES OTA TO: Honorable Mayor & City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager DATE: June 6, 2023 RE: Recording Secretary Wage Rate 16*9111:1..1161,11 The City of Stillwater approved and onboarded a Recording Secretary position in 2012 with an approved hourly wage rate of $15. The wage rate remained unchanged until 2021, when the City increased it for 2021 and 2022 to $18.78 and $19.15 per hour respectively. The position records and produces minutes for eight (8) different meetings each month, and the working hours average less than ten (10) hours per week. The position is paid hourly and is not benefits eligible. The city values the high -quality service delivered by the recording secretary. Effective January 1, 2023, to keep the base pay structure for the recording secretary updated, we recommend the hourly wage rate be increased by 3%, and then annually thereafter by the equivalent general wage adjustment applied to the base pay structure for city positions. The wage rate should be increased by 3% for 2023, 3% for 2024 and 3% for 2025. Thereafter, it should be updated annually in line with the equivalent general wage adjustment approved by City Council and applied to the base pay structure for city positions. ACTION REQUESTED Staff recommends that the City Council approve the attached resolution titled, "Approving Wage Rate Increase for Recording Secretary." DMR City of Stillwater Washington County, Minnesota RESOLUTION 2023-XXX APPROVING RATE INCREASE FOR RECORDING SECRETARY WHEREAS, the City of Stillwater employs a part-time recording secretary; and WHEREAS, the recording secretary performs job duties for the City that average less than ten hours per week; and WHEREAS, the recording secretary is not a benefits -eligible City position; and WHEREAS, the hourly wage rate for the recording secretary was increased in 2022 by the equivalent General Wage Adjustment applied to the base pay structure for city positions as approved by City Council; and WHEREAS, the City acknowledges the importance of updating the future wage rate for the recording secretary by the equivalent general wage adjustment granted for city staff; and WHEREAS, City Council has approved General Wage Adjustments of 3% for 2023, 2024 and 2025 for city staff. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a 3% recording secretary wage rate increase effective January 1, 2023, in line with the rate approved for city staff, and that and every year thereafter the wage rate for the position shall be increased by the same general wage rate approved for city staff. Adopted by the Stillwater City Council this 6th day of June, 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: June 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tanya Holmgren, Administrative Assistant SUBJECT: Consent Agenda Item: Short -Term Home Rental License Applications BACKGROUND According to Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short-term home rentals and have deemed them complete for approval by the City Council. RECOMMENDATION Approval of the following Short -Term Home Rental License Applications: License Address Owner/Applicant Occupancy License Number of Type Type Location Licenses Short-term 2372 Croixwood Owner Outside of home rental Blvd Jacob Brake Occupied Downtown 32 of 50 Area Short-term 1030 4th Ave S Chris and Julia Owner home rental Charlsen Occupied ACTION REQUESTED Outside of Downtown 33 of 50 Area If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. 1 Water THE BIRTHPLACE OF MINNESOTA DATE: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Teddy Bear Park Play Surface Replacement Project BACKGROUND In the 2023 Capital Outlay budget, the resurfacing of the Teddy Bear Park play surface was planned to replace the poured -in -place surfacing, the artificial turf surfacing and convert some of the sand to engineered wood fiber to be ADA compliant. A request for bids was sent to 4 contractors. The lowest of the received bids was $126,011.00 from Minnesota/Wisconsin Playground. $125,000.00 was budgeted for the entire project in the 2023 Parks Capital Outlay Project budget. There are surplus funds from other Parks Capitol Outlay projects that can fund the $1,011.00 difference. RECOMMENDATION It is recommended that City Council consider and authorize the approval of the lowest bid of $126,011.00 by MinnesotaMisconsin Playground and approve the contract to replace the play surface at Teddy Bear Park with the work beginning after Labor Day weekend (Sept. 5, 2023 or later). ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion APPROVING THE LOW BID AMOUNT AND APPROVE CONTRACT WITH MINNESOTA WISCONSIN PLAYGROUND FOR TEDDY BEAR PARK RESURFACING �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 6th day of June, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Minnesota Wisconsin Playground, 5101 Hwy 55, Suite 6000, Golden Valley, MN 55422 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Teddy Bear Park Resurfacing NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 5/12/23, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Jason Grode to act as the City's representative with respect 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 Jon Gilbertson to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Minnesota Wisconsin Playground 216 4th Street North 5101 Hwy 55, Suite 6000 Stillwater, MN 55082 Golden Valley, MN 55422 Attention: Jason Grode Attention: Jon Gilbertson Or e-mailed: jgrode@ci.stillwater.mn.us Or emailed: jong@mnwiplay.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving 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 By: Ted Kozlowski, Mayor Beth Wolf, City Clerk U CONTRACTOR Minnesota Wisconsin Playground By: By (Please Print): Title (Please Print): Project Description: Teddy Bear Park Resurfacing 'KI !,,Iwa ter PROJECT: City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4100 Public Works Department Item # I I Item Unit Quantity Unit Price Total 1 Poured -In -Place Surfacing - Matching original colors SQ FT 4894 2 Artificial Turf matching existing color SQ FT 1552 7 ,? 3 Replace Sand with Engineered Wood Fiber at 12" Depth (1205 SQFT) CuYDS 56 Note: Unit prices to include costs to remove/dispose of old surfacing ~ / o All existing playground equipment and Infrastructure must be protected. Total Contractors Anticipated Start Date: Work can commence starting on September 5, 2023 when the Park will close. Notes IC 134 must be submitted prior to final payment Bids due to the City of Stillwater 5/12/Z023 at 10:00 AM All bids must be submitted on the City's proposal form and be a complete proposal. Bids may be submitted by mall, emall, or in person to City Hall at above address Attn: Jason Grode Questions or to request an onsite meeting: contact Jason Grode at 651-275-4101 or jgrode@ci.stillwater.mn.us OR Matt Babcock @ 651-275-4106 or mbabcock@ci.stiliwater.mn.us The City reserves the right to Add or Subtract Quantities. Responsible Contractor Forms MUST be submitted with the bid proposal. A Contract Agreement is required from the Low Bidder. Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date. Bids should be labeled "Teddy Bear Park Resurfacing Bid Proposal" Date: Print Name: Son (('JLfI S VY1 Signature: Title; /,76.C)// Company Name: ;yam y 6L?i�dn,rh P&pj7 jAkAlft( Address: &44A Lle, Iteo . /Yid 5 -1i/z2 Phone: 7&3 r ,j YG • 77g 7 Wa t e r� ---- Dojrvo,NnroJiUNicWalrr Plawround Surface Soecifications and General Information The City of Stillwater, Minnesota is requesting pricing information on the installation of poured - in -place playground surface, artificial turf surfacing and engineered wood fiber at Teddy Bear Park. Specifications and general information are as follows: Surface Material: Contractor poured -in -place playground surface for approximately 4,894 square feet (minus the playground equipment itself). Surface shall adhere to ASTM specifications with thicknesses to meet specific playground equipment fall heights. Multiple colors must be available to match original colors with the City to choose specific color shades. Artificial Turf matching color of existing for approximately 1,552 square feet with the City choosing the specific color. Engineered Wood Fiber (EWF) with landscape fabric for approximately 1,205 square feet with a depth of 12" would equal approximately 56 cubic yards of EWF material. Location: Teddy Bear Park, 207 Nelson Street E, Stillwater, MN 55082. Site Preparation: In advance of installation, Contractor is responsible for removal of all old material and protect all existing playground equipment and park infrastructure. References: All bidders are asked to submit at least 2 references on similar projects. References will be checked and results will be considered as to qualifications. of bidder. Site Visit: Potential bidders can request an on -site meeting with City Staff to tour the facility and ask any questions of staff. The on -site meeting must be during a mutually agreeable date and time for both parties. Otherwise, Teddy Bear Park is generally open and accessible 7 days per week from 8 am to 8 pm. Additional Fees: Any additional fees or costs must be detailed in the bid sheet. RESPONSIBLE CONTRACTOR The City cannot award a construction contract in excess of $50,000 unless the Bidder is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A Bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in that statute by submitting the "Responsible Contractor Verification and Certification of Compliance" form attached as Attachment A, Al, And A2. A company owner or officer must sign the "Responsible Contractor Verification and Certification of Compliance" form under oath verifying compliance with each of the minimum criteria. THE COMPLE' T'D FORMS MUST BE SUBMITTED WITH THE BID PROPOSAL. A bidder must obtain a verification from each subcontractor it will have a direct contractual relationship with. At the City's request, a bidder must submit signed subcontractor verifications. A contractor or subcontractor must obtain an annual verification from each motor carrier it has a direct contractual relationship with. A motor carrier must give immediate written notice if it no longer meets the minimum responsible contractor criteria. The requirement for subcontractor verifications does not apply to: Design professionals licensed under Minnesota Statutes §326.06; and A business or person that supplies materials, equipment, or supplies to a subcontractor on the Project, including performing delivering and unloading services in connection with the supply of materials, equipment, and supplies. But, a business or person must submit a verification if it delivers mineral aggregate such as sand, gravel, or stone that will be incorporated into the Work by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. A bidder or subcontractor who does not meet the minimum criteria specified in the statute, or who fails to verify compliance with the criteria, is not a "responsible contractor" and is ineligible to be awarded the Contract for this Project or to work on this Project. Submitting a false verification makes the bidder or subcontractor ineligible to be awarded a constniction contract for this Project. Additionally, submitting a false statement may lead to contract termination. If only one bidder submits a bid, the Department may, but is not required to, award a contract even'if that bidder does not meet the minimum criteria. Bid Form Page 10 of 20 ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE CITY PROJECT NUMBER: Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. ,.. any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) (2) The Contractor. (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. The contractor or related entity is in compliance with and, during the three-year period before submitting the verification; has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13. 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or, related entity: repeatedly fails to pay statutorily required wages or penalties on one•or more separate projects for a total underpayment of $25,000 or more within the three-year period; has been issued an order to comply by the commissioner of Labor and Industry that has become final; has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;" Bid Form Page 11 of 20 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. Bid Form Page 12 of 20 A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: My company meets each of the Minimum Criterla to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.265, I have Included Attachment A-1 with my company's solicitation response, and if my company Is awarded a contract, I will also submit Attachment A-2 as required. i Authorize 8 nature O ner or Officer: Printed Name: Title: Company Name: Sworn to and subscribed before me thi6 day of 2o2'j Notary Public My Commission Expires: Date: -------------------------------; „�. C}aRQ1yYH M KOZLOSKI . Ildtary Pubic Minnesota ' � My Commission Expires � Jan 31, 2026 (--- - ------------------------J TOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a ontracting authority may award a construction contract to the responding prime contractor even if the minimum riteria in subdivision 3 are not met. Bid Form Page 13 of 20 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE CITY PROJECT NUMBER: Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its firs"er subcontractors that it intends to retain for work on the project. FIRST TIER SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) home office is located &AM e i aMC - Cs'T'pex)c �'lna�-f� ; T 0 S M onv�S CtM'i �a T• enl+eo.� C��� e �u�5 , im" Bid Form Page 14 of 20 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT CITY PROJECT NUMBER: This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting Its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office Is located ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) I home office is located Bid Form Page 15 of 20 tbp - ?C"KF-Eb-,u- nP cE )4d1712022 tbp-river - pov7t-En-,N- Puipr(/5 )411712022 m w - � - ram: �•• .- �d�q► �# * " � .: • _ �`� : ,,ail Eagleview Technology Cor-poraw 404 201 ..• -tom % A A-L Z- AA,l EaoleView Technoloov CoodFaff tbp-Sand Shelter- ND B',-r GFf N R O 0 5 Pr N O 1-t e !L F Fa-oM oT-He2 AO -EA )411712022 Olb Minnesota / Wisconsin Playground 05/12/2023 5101 Highway 55, Suite 6000 Quote # Golden Valley, Minnesota 55422 103750-01-03 Ph. 800-622-5425 1 763-546-7787 Fax 763-546-5050 1 jong@mnwiplay.com CONSULTANT. JON GILBERTSON Teddy Bear Park Surfacing City of Stillwater Attn: Jason Grode 216 North 4th St. Stillwater, MN 55082 Phone: 651-430-8800 jgrode@ci.stillwater.mn.us Quantity 1 Demo Other - Demolition of existing surfaces Install Install - Installation of Synthetic Turf (1552 sq. ft)- Colors of existing turf may have faded over years of exposure to elements. Colors to match as close as possible. t Install Install - Installation of PIP rubber surfaces (4894 sq.ft)- Colors of existing PIP Rubber may have faded over years of exposure. Colors will be matched as close as possible. 1 Install Install - Installation of Engineered Wood Fiber (1205 sq.ft.) Ship to Zip 55082 This quotation is subject to current Minnesota/Wisconsin Playground (MWP) policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Minnesota/Wisconsin Playground. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and MWP, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Indemnification; Owner/Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, Minnesota Wisconsin Playground (MWP), harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's negligence or noncompliance with any of its commitments under this document. MWP will indemnify and hold Owner/Owner's Representative harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance with any of its commitments under this document. Excusable Delays/Additional Costs: MWP, and/or its affiliates, shall be liable for default unless delay of performance, whether supplying materials only or including installation in accordance with our project scope, is caused by an occurrence beyond reasonable control of MWP, and/or its affiliates, such as, but not limited to, acts of Superior Force or the public enemy, acts of Government in either its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers (for transportation of goods whether raw materials or finished product) and attainability of raw materials. Such events resulting in additional costs are not included in quoted amounts and shall be the responsibility of the Owner/Owner's Representative. Any additional costs shall be provided in writing for purchaser's records and shall be due upon payment of invoice. This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c/o Minnesota/Wisconsin Playground. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and GameTime, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Pricing: f.o.b. factory, firm for 15 days from date of quotation. If placing an order after expiration of quote, please contact our office for updated pricing. A tax-exempt certificate is needed at time of order entry for all orders whether from tax -supported government agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. WPage 1 of 4 Minnesota / Wisconsin Playground 05/12/2023 5101 Highway 55, Suite 6000 Quote # Golden Valley, Minnesota 55422 103750-01-03 Ph. 800-622-5425 1 763-546-7787 Fax 763-546-5050 1 jong@mnwiplay.com CONSULTANT. JON GILBERTSON Teddy Bear Park Surfacing Payment terms: net 30 days provided your account is current and in good standing. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Unless already on file, please include a tax exempt certificate upon order entry whether a tax supported government agency or other. EWF Shipment: order shall deliver within 14 - 21 days after our receipt and acceptance of your purchase order as well as schedule and weather allowing. Bulk material will ship via semi-truck/trailer with a live floor system in trailer which allows driver to deposit EWF directly onto a specific area provided proper access is available. Driver has final say whether the site has proper access. Site restoration is not included and will be the responsibility of the owner/owner's representative. Road restrictions may be in effect and cause delays depending on time of year. Freight charges: Allowed & prepaid Installation: shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional labor or material costs. Page 2 of 4 W Minnesota / Wisconsin Playground 05/12/2023 5101 Highway 55, Suite 6000 Quote # Golden Valley, Minnesota 55422 103750-01-03 Ph. 800-622-5425 1 763-546-7787 Fax 763-546-5050 1 jong@mnwiplay.com CONSULTANT. JON GILBERTSON Teddy Bear Park Surfacing Project Scope: Please note, installation is based on site being ready prior to our arrival to install play equipment as well as site conditions that have been conveyed to our organization by the owner/owner's representative and/or ideal conditions existing for a timely completion of your project as quoted. Unless addressed prior to the installation quote being issued or specifically mentioned herein, any issues that arise that impede the progress/completion of your project as quoted will result in additional charges. Weather can change project scheduling in many ways. Take rain for an example. Day, or days, before rain... If weather forecasts show a high percentage chance for rain that will effect the site conditions, a postponement may be in order. Digging holes, laying certain surfacing materials, etc., are greatly affected by weather conditions and work may not begin/continue due to weather forecasts. There's the rain days themselves, which if heavy enough rainfall occurs, makes a site unworkable. Day, or days, after rain... Drying time will be needed after rain and the number of days needed will vary depending on amount of moisture received. One actual rain day may equal multiple delay days depending on work scheduled to be done. + INCLUSIONS + + One mobilization + Public utility locates only +Poured In Place rubber surfacing +Synthetic Turf surfacing + Engineered wood fiber (EWF) surfacing + Spreading of EWF + Standard insurance offerings + Standard warranty offerings + Standard industry accepted labor wages - EXCLUSIONS - - Clear access path up to and into play area for installation equipment (minimum of 8-foot wide, includes but not limited to gates, walkways, driveways, etc.) - Staging area for materials and installation equipment, trailers, etc. - Unobstructed space for maneuvering installation equipment as well as performing work - Security fencing of any type - On site security personnel - If fencing is in place (by others), ability to unlock fencing is to be provided to our office a minimum of one week prior to our start - Private utility locates such as, but not limited to, irrigation, fiber optics, private lighting, etc. - Accepting, unloading and storage of order(s)/shipment(s) prior to installation. Please note, orders can be packaged/shipped in large crates, pallets, etc., requiring heavy-duty equipment to unload. - Sitework of any kind such as, but not limited to, grading (play area to have max slope of 1 %), site restoration, drainage, etc. - Removal of existing play equipment, border, safety surfacing, etc. - Backfill and compaction of backfill after removal of existing items (for footing holes as an example) that leave voids in area (marking and digging of new footing holes based on workable site) - Digging in compacted sub -surfaces, rock, hard pan, tree roots, unstable soil conditions, etc. - Restoration of compacted sub -surfaces for playground surfacings such as, but not limited to, poured -in -place rubber, rubber tiles, artificial turf, etc. - Digging/maneuvering in sand, pea gravel, mud, etc. - Offsite removal of spoils from footing holes (can be stockpiled near play area for owner/owner's representative removal or spread within play area) - Disposal of packing material (can be deposited in owner/owner's representative onsite dumpster or stockpiled for removal by others) - Playground safety surfacing - Border to help contain playground safety surfacing - Removal of temporary braces, caution/construction tape, etc. (Can be removed and disposed of after concrete has cured.) - Bonding of any type - Permits of any kind - Prevailing, Davis Bacon, Union, or similar, wages - Restroom facilities. Please provide access to restrooms whether within a building or portable style. Should use of site facilities not be available, additional charges will be required to bring on site temporary/portable restrooms. These temporary facilities will be removed once your project has been completed. WPage 3 of 4 Minnesota / Wisconsin Playground 05/12/2023 5101 Highway 55, Suite 6000 Quote # Golden Valley, Minnesota 55422 103750-01-03 Ph. 800-622-5425 1 763-546-7787 Fax 763-546-5050 1 jong@mnwiplay.com CONSULTANT. JON GILBERTSON Teddy Bear Park Surfacing - Short term maintenance, check manufacturers owner's manual recommendations for maintenance and always follow these written instructions. To help set up short (and ongoing) term maintenance, use the first twelve months to regularly check equipment (such as, but not limited to, tightening hardware, checking moving features, etc.). Twelve months allows use in all seasons and will provide a better understanding of what will be necessary for your ongoing maintenance. This short term schedule will be based on the amount of use the play equipment is getting as well as the type of play event that is being played on. Activities with movement have a more dynamic play which can lead to more maintenance due to the nature of the motion but also because these types of play events tend to be more popular. Static features may require less attention during the short term and ongoing maintenance as inspections will determine frequency of maintenance needed for these events. There may be a need for scheduled lower and higher frequency inspections. - Ongoing maintenance, check manufacturer's owner's manual recommendations for maintenance and always follow these written instructions. After short term maintenance period is done and data is collected for that time period, an ongoing schedule should be implemented. The ongoing maintenance can change with age and greater use. There may be a need for scheduled lower and higher frequency inspections. Should weekend work be necessary or non-standard hours be worked, please provide a site contact and the best telephone number to reach this person in case an urgent matter arises requiring immediate attention. (Name) (Cell) (Other Telephone Number) Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Order Information: Bill To: Ship To: Company: Project Name: Attn: Attn: Address: Address: City, State, Zip: City, State, Zip: Contact: Contact: Tel: Tel: _. Fax: Fax: Acceptance of quotation: Accepted By (printed): P.O. No: Signature: _ Date: Title: Phone: Facsimile: Purchase Amount: $126,011.00 Page 4 of 4 fu illwater THE B I R T H P L A C E OF MINNESOTA DATE: June 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: Bulk Waterfill Station BACKGROUND Contractor will be installing a meter and backflow device. The City received one bid, the bidder was WaterWorks Plumbing and Heating for $4,962.00. Funding for this project will be paid out of the Utilities Capital Outlay budget. RECOMMENDATION Staff recommends approving the contract for the Waterfill Station with WaterWorks Plumbing and Heating. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR WATERFILL STATION. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this _ day of , 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and WaterWorks Plumbing and Heating, LLC., 2303 Oakgreen Ave. S, Afton, MN 55001 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; 2023 Water Fill Station NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 5/12/2023, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's representative with respect 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 Dan Heddle to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater WaterWorks Plumbing and Heating, LLC. 216 4th Street North 2303 Oakgreen Ave. S Stillwater, MN 55082 Afton, MN 55001 Attention: Robert Benson Attention: Dan Heddle Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: danheddle@gmail.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving 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 By: Ted Kozlowski, Mayor Beth Wolf, City Clerk U CONTRACTOR WaterWorks Plumbing and Heating, LLC. By: By (Please Print): Title (Please Print): Project Description: 2023 Water Fill Station 2303 Oakgreen Ave. S. Afton, MN 55001 (651) 436-9012 — Office (612) 221-5028 - Mobile Danheddie@gmail.com Date: 5/ 12/23 Job Contact: Robert Benson Job Address: City of Stillwater — Water Department 204 3rd St. N. Stillwater, MN 55082 WaterWorks Plumbing and Heating, LLC. is pleased to propose the following_ Scope: • Install water meter and backflow device for outside hose connection and meter testing station as per walkthrough on 5/8/23. • Install (1) new 2" ball valve to isolate the new system. • Piping to be "L" copper. • Proper support of existing 2" galvanized piping and new piping included. Provide • (1) 2" RPZ backflow device. • Supports and hangers. • Copper pipe and fittings. • Testing of backflow device and registration with the safe water commission. • State of MN permit and inspections as needed. Excludes: • Water meter provided by water department. • Tax on material (City is tax exempt) Total to complete the proposed scope of work: $4962.00 Pricing good for 30 days due to material pricing volatility. Material can be purchased upon approval and stored in an effort to secure a lower price. WaterWorks Plumbing and Heating, LLC would like to thank you for the opportunity to work on this project with you Customer approval Date DATE: June 6, 2023, revised June 6, 2023 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Ongoing Implementation of Downtown Parking Pay Zone BACKGROUND On April 18, 2023, the City Council approved revisions to the Downtown Parking Fee Schedule. At that time, it was noted that a series of additional actions would be requested as the changes begin to be phased in over time throughout 2023. The City Council established an implementation timeframe on May 2, 2023. At that time, the City Council established a Start Date of June 1 for the Existing Pay Zone and September 1 for the Expanded Pay Zone. Convenience Fee – City Fee Schedule When the City Council approved the proposal from Passport, it elected to pass along the Convenience Fee to the Parker ($0.50) per parking session (NOT per hour). This fee is only applied once per session, regardless of how many times the session is extended. For example, someone parking for a 12 hour session would only be charged the $0.50 fee once, not every hour. This fee includes all processing fee and access to smart-phone applications and mobile optimized websites. It also ensures that the City receives unlimited ongoing upgrades and enhancements. This also needs to be added to the City’s Fee Schedule, an action being requested this evening. This line item was an oversight on the original fee schedule amendment. However, it has been part of the plan since the City entered into a contract with Passport. Time Limits In the City’s existing Pay Zones, Parkers are able to park all day, without the 3 or 4 hour time limits. Staff would like to extend that policy to the Expanded Pay Zone as well. The act of paying for parking is anticipated to encourage natural parking turnover without the need for a 3 or 4 hour time limit. In the City’s existing Free Zones, parking is generally limited to either 3 or 4 hours. The City Council had discussed updated the time limit to 4 hours for all zones. Staff would recommending pausing this decision to review the effectiveness of these initial changes. The process of changing signage has a significant added cost and is labor intensive. Staff would recommend focusing on implementation of the Expanded Pay Zone east of Main Street in 2023. If changes to time limits are desired, Staff would recommend that the City Council consider those in 2024. Tuesday Add On Related to time limits, the Downtown Parking Commission has recommended that areas of Main Street outside of the new 30 Minute Quick (Drop Off/Pick Up) Zones (Nelson Street on the south to Mulberry Street on the north) remain the current 3 hour maximum. The Commission was concerned about the logistics of visiting Downtown with only an hour to park. Staff is supportive of this recommendation and is reflected in the attached resolution. ACTION REQUESTED Motion to adopt the Resolution amending the Fee Schedule related to Downtown Parking. Tuesday Add On Motion to adopt the Resolution amending Time Limits in the Downtown Parking District. City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION AMENDING FEES FOR DOWNTOWN PARKING WHEREAS, the Stillwater City Council adopted Resolution 2022-172 entitled “Resolution Approving the City of Stillwater 2023 Fee Schedule” on December 22, 2022; and WHEREAS, on April 18, 2023, the City Council adopted Resolution 2023-59 that repealed and replaced all fees for Downtown Parking; and WHEREAS, the City activated the new payment system on June 1, 2023, and needs to update the fee schedule for Downtown Parking to reflect the current contract with Passport (mobile pay) that passes a convenience fee (merchant processing, credit card fees, etc.) to the end-use. NOW THEREFORE, BE IT FURTHER RESOLVED by the Stillwater City Council that the City of Stillwater 2023 Fee Schedule is hereby amended to reflect the following: VIII. PARKING FEES: Parking Lot Rental For Events – Organizer required to provide proper traffic control equipment Lots 1, 7, 8, 8A, or 12-17* Not available Lots 2 (north half), 2 (south half), 3, 4, 5, 8B, 9,10, 11 $200/day *Lot 17 – Available at no charge for Veteran Memorial Events & Farmers Market Downtown Parking Rental Rates All Stalls $9/day/space Permit Parking Downtown Residential Permit parking per vehicle $20/month Downtown Business Permit per vehicle $20/month Parking Ramp – Rivertown Commons (limit 8) $25/month Parking Ramp – General Residential Permit (limit 17) $35/month Hourly Parking (10:00 a.m. to 10:00 p.m. daily, except during events) All Surface Lots (1-12) and On Street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street). $1/hour Event Parking All Surface Lots (1-12) and On Street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street). $10/day Merchant Processing Fees At City Cost Adopted by the Stillwater City Council this 6th day of June, 2023. CITY OF STILLWATER _____________________________ Ted Kozlowski, Mayor ATTEST: _________________________ Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION AMENDING TIME LIMITS FOR DOWNTOWN PARKING WHEREAS, the Stillwater City Council revised the fee schedule for Downtown Parking on April 18; and WHEREAS, the Stillwater City Council approved a phasing plan for the new fee schedule that activated existing pay zones on June 1, 2023 and is scheduled to activate an expanded pay zone on September 1, 2023; and WHEREAS, it was noted during the above that time limits would be adjusted at a later date; and WHEREAS, the City’s new downtown parking system is adaptable and the City anticipates to evaluate the effectiveness of the changes one year from implementation. NOW THEREFORE, BE IT FURTHER RESOLVED by the Stillwater City Council that the City of Stillwater hereby amends time limits in the downtown parking district as follows: 1. Main Street (TH 95) between Nelson Street and Mulberry Street a. Time Limits are amended to 30 minutes maximum 2. The City’s new Pay Zones (Lots 3-12 (inclusive) and on street parking east of Main Street (TH 95)) a. The existing 3 and 4 hour time limit shall be removed Adopted by the Stillwater City Council this 6th day of June, 2023. CITY OF STILLWATER _____________________________ Ted Kozlowski, Mayor ATTEST: _________________________ Beth Wolf, City Clerk 1 water T H E B IRTHPLACE OF MINNESOTA DATE: June 6, 2023 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Ongoing Implementation of Downtown Parking Pay Zone BACKGROUND On April 18, 2023, the City Council approved revisions to the Downtown Parking Fee Schedule. At that time, it was noted that a series of additional actions would be requested as the changes begin to be phased in over time throughout 2023. The City Council established an implementation timeframe on May 2, 2023. At that time, the City Council established a Start Date of June 1 for the Existing Pay Zone and September 1 for the Expanded Pay Zone. Convenience Fee — City Fee Schedule When the City Council approved the proposal from Passport, it elected to pass along the Convenience Fee to the Parker ($0.50) per parking session (NOT per hour). This fee is only applied once per session, regardless of how many times the session is extended. For example, someone parking for a 12 hour session would only be charged the $0.50 fee once, not every hour. This fee includes all processing fee and access to smart -phone applications and mobile optimized websites. It also ensures that the City receives unlimited ongoing upgrades and enhancements. This also needs to be added to the City's Fee Schedule, an action being requested this evening. This line item was an oversight on the original fee schedule amendment. However, it has been part of the plan since the City entered into a contract with Passport. Note — if the City elected to NOT pass on the full convenience fee, the payment processing fees would still be passed on to the Parker by Passport (in this case, approximately $0.30). The delta is inly $0.20). A formal resolution officially adding this already approved convenience fee to the City's Fee Schedule will be added on Tuesday, June 6. Time Limits In the City's existing Pay Zones, Parkers are able to park all day, without the 3 or 4 hour time limits. Staff would like to extend that policy to the Expanded Pay Zone as well. The act of paying for parking is anticipated to encourage natural parking turnover without the need for a 3 or 4 hour time limit. In the City's existing Free Zones, parking is generally limited to either 3 or 4 hours. The City Council had discussed updated the time limit to 4 hours for all zones. Staff would recommending pausing this decision to review the effectiveness of these initial changes. The process of changing signage has a significant added cost and is labor intensive. Staff would recommend focusing on implementation of the Expanded Pay Zone east of Main Street in 2023. If changes to time limits are desired, Staff would recommend that the City Council consider those in 2024. ACTION REQUESTED Motion to adopt the Resolution amending the Fee Schedule related to Downtown Parking. Washington County 2 3. 4. 8:30 Personnel Committee 9:00 Roll Call Pledge of Allegiance FYI BOARD AGENDA June 6, 2023 - 9:00 AM 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 May 16, 2023, and May 23, 2023, County Board meeting minutes. B. 1. Adopt a resolution providing for the subdivision of tax forfeited land. 2. Adopt a resolution approving the sale of tax forfeited land to Washington County and the City of Afton. C. Approval of an application for a 1-4 day Temporary On -Sale Liquor License from the Greater Stillwater Chamber of Commerce for a special event at the Washington County Fairgrounds on June 17, 2023. D. Adopt a resolution to approve an application from the Bayport American Legion Post 491 to conduct off -site gambling, pull tab activities, during the Washington County Fair being held at the Washington County Fairgrounds, located in Baytown Township, from August 2, 2023 - August 6, 2023. E. 1. Adopt a resolution to grant a Drainage Easement to the Carnelian -Marine -St. Croix Watershed District over a portion of Washington County Big Marine Park Reserve. 2. Approve a Cooperative Agreement with the Carnelian -Marine -St. Croix Watershed District for stormwater quality improvements to Big Marine Lake. F. Approve Cooperative Agreements No. 15374 and No. 15375 between the cities of Lake Elmo and Oakdale and Washington County for the ongoing maintenance of three existing traffic signal systems located on County State Aid Highway (CSAH) 13, also known at various locations as Inwood Avenue North and Ideal Avenue North, at its intersections with CSAH 14 (34th Street), CSAH 10 (1 Oth Street North), and 4th Street North and Hudson Boulevard, all on the boundary between the cities of Lake Elmo and Oakdale. 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 hshing-ton ti Coun Consent Calendar continued G. Approve Contract No. 15529 in the amount of $197,780 with Hoffman & McNamara Co for the Highway 36 at Manning Avenue Landscaping Project. H. Approve Site Lease Agreement No. 15261 between Washington County and the City of Stillwater. I. Approve Grant Agreement No. 15562 with the Minnesota Department of Public Safety in the amount of $119,578 for the Emergency Management Performance Grant Program. 5. 9:10 Library - Jacquie Kramer, Director A. Adopt a resolution to proclaim June 1 to August 19, 2023, as Summer at Your Library. 6. 9:20 Public Works - Andrew Giesen, Engineer III (item A) - Eden Rogers, Engineer II (item B) A. Approve Contract No. 15565 in the amount of $3,794,158.05 with Park Construction Company for the County State Highway (CSAH) 14 (47th Street) and CSAH 24 (Osgood Avenue) Improvement Project. B. 1. Approve Contract No. 15568 with Kellington Construction in the amount of $1,008,000 for the carpentry, demo, and miscellaneous metals work for the Historic Courthouse Exterior Improvement Project. 2. Approve Contract No. 15567 with Acme Tuckpointing and Restoration Company in the amount of $746,277 for the masonry work for the Historic Courthouse Exterior Improvement Project. 3. Approve Contract No. 15570 with CMR Construction and Roofing in the amount of $1,267,625 for the metal panel and roofing work for the Historic Courthouse Exterior Improvement Project. 7. 9:50 Sheriffs Office - Commander Tim Harris A. Authorization to transfer ownership of Washington County Sheriffs Office K9 Beck to his handler, Deputy Steven Bell. B. Recognition of Detective Sara Peulen for receiving the 2023 Advisor of the Year. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 8. 10:15 General Administration - Gayle Prest and Marty Harding, Board Members of North Woods and Water of the St. Croix Heritage Area (item A) - Kelli Matzek, Senior Planner (item B) - Kevin Corbid, County Administrator (item C) A. Adopt a resolution supporting congressional designation of St. Croix National Heritage Area. B. Adopt a resolution for the State Standard Measures Program and authorize the County Administrator to file a declaration to participate with the Office of the State Auditor. C. WTS Women to Watch Award 9. 11:00 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 ofinterest 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 scheduled for a future board meeting. 10. 11:20 Board Correspondence 11. 11:20 Adjourn 12. 11:30 Board Workshop with Public Health & Environment A. Discuss the proposed 2024 and 2025 Ramsey/Washington Recycling & Energy Board (R&E Board) budgets. 13. 12:15-12:30 Break 14. 12:30 Board Workshops with Public Works A. Presentation from East Metro Strong's Executive Director, Will Schroeer. B. Update on the Household Hazardous Waste (HHW) North and Yard Waste project. 15. 1:30 Board Workshop with Property Records and Taxpayer Services A. Review assessment year 2023 local appeals and adjustments in preparation for the County Board of Appeal and Equalization meeting. 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 2 3. 9 5 BOARD AGENDA May 23, 2023 - 9:00 AM 8:15 Board Workshop with Information Technology A. Commissioner Software and Security Training 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 May 9, 2023, County Board meeting minutes. B. Approval of a $126,000 budget amendment from the Property Records Technology Fund to implement the OnBase Homestead Application Project. C. Adopt a resolution authorizing application submittal to request funding from the Minnesota Department of Transportation (MnDOT) through the 2025 Metro Local Partnership Program. D. Reinstatement of Contract No. 13273 between Washington County and Kimley-Horn for CSAH 5 Phase 3 Design Services. E. Adopt a resolution to accept a bench donation for $3,500 from the many friends of Jerome Detviler to be placed at Cottage Grove Ravine Regional Park. 9:10 Community Services - Connie Tanner, Senior Planner A. Adopt a resolution to proclaim May 2023 as Mental Health Awareness Month. 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 9:25 Public Works - Erin Clarkowski, Engineer 11(item A) - Eden Rogers, Engineer II (item B) A. Award the bid to and authorize execution of Contract No. 15532 in the amount of $780,968.75 with New Look Contracting, Inc. for the County Highway 28 at Trunk Highway 95 Approach Improvement Project. B. Award the bid to and authorize execution of Contract No. 15534 in the amount of $1,766,020.45 with Bituminous Roadways for the County State Aid Highway (CSAH) 15 (Manning Ave) and County Road 61 (120th St) Roadway Improvement Project. 7. 9:55 General Administration - Kevin Corbid, County Administrator A. Legislative Update B. Approval of Contract No. 15539 with Berry, Dunn, McNeil, & Parker, LLC (BerryDunn) for an amount not to exceed $89,400 for the Washington County Strategic Plan. 10:15 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 scheduled for a future board meeting. 9. 10:30 Board Correspondence 10. 10:30 Adjourn 11. 10:35 Personnel Committee 12. 10:45 Board Workshops with Public Works A. Update on bids received and financial review for the County State Highway (CSAH) 14 (47th Street) and CSAH 24 (Osgood Avenue) Improvement Project. B. Review current practices related to requiring Prevailing Wage on construction projects. 13. 11:45 Board Workshop with Public Health & Environment A. Update on Per- and Polyfluoroalkyl Substances (PFAS) chemicals and 3M Settlement. 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