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Home My WebLink About2023-07-05 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www. stillwatermn.gov AGENDA CITY COUNCIL MEETING July 5, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. City Code Revisions 2. Manitou Fund/Zephyr Proposed Parking Lot Lease documents 3. Strategic Plan 4. Veterans’ Memorial Snow Removal 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 – Retirement Sandra Vetsch – Resolution 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. 15. June 20, 2023 Regular and Closed Session Meeting Minutes 16. Payment of Bills 17. Crack Sealing Project – Gopher State Sealcoat 18. Downtown Parking Pay Zone Amendment 19. Gate Valve Repair - Variance for workhours – Resolution 20. Haunted History Trolley Tours Event Application 21. Lift Bridge Rhythm Fest – Resolution 22. Minnesota DNR Grant for Emerald Ash Borer Management 23. Pressure Washer purchase request 24. Short-Term Home Rental License Applications 25. St. Croix Valley Recreation Center and Lily Lake Arena facility usage rates – Resolution 26. Stop Signs Proposed at Rice Street & Greeley St. N Intersection – Resolution No Change to Agenda Page 2 of 2 City Council Meeting Agenda July 5, 2023 27.Summit Fire Protection to Replace Ramp Equipment XII.PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less 28.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 XIII.UNFINISHED BUSINESS XIV.NEW BUSINESS XV.COUNCIL REQUEST ITEMS 29.Mayor Statement 30.Legislative League of MN Cities update XVI. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651-430-8800 www. stillwatermn.gov AGENDA CITY COUNCIL MEETING July 5, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. City Code Revisions 2. Manitou Fund/Zephyr Proposed Parking Lot Lease documents 3. Strategic Plan 4. Veterans’ Memorial Snow Removal 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 – Retirement Sandra Vetsch – Resolution 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. 15. June 20, 2023 Regular Meeting Minutes 16. Payment of Bills 17. Crack Sealing Project – Gopher State Sealcoat 18. Downtown Parking Pay Zone Amendment 19. Gate Valve Repair - Variance for workhours - Resolution 20. Haunted History Trolley Tours Event Application 21. Lift Bridge Rhythm Fest - Resolution 22. Minnesota DNR Grant for Emerald Ash Borer Management 23. Pressure Washer purchase request 24. Short-Term Home Rental License Applications Page 2 of 2 City Council Meeting Agenda July 5, 2023 25. St. Croix Valley Recreation Center and Lily Lake Arena facility usage rates 26. Stop Signs Proposed at Rice Street & Greeley St. N Intersection - Resolution 27. Summit Fire Protection to Replace Ramp Equipment XII. PUBLIC HEARINGS – – when addressing Council please limit your comments to 10 minutes or less 28. 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 XIII. UNFINISHED BUSINESS – NONE. XIV. NEW BUSINESS – NONE. XV. COUNCIL REQUEST ITEMS 29. Mayor Statement 30. Legislative update XVI. ADJOURNMENT DATE: July 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: City Code Revisions Workshop - Update BACKGROUND The Planning Commission met on June 28, 2023 and held a public hearing on the Zoning Ordinance amendments. No one from the public commented. Following the public hearing, the Planning Commission recommended approval of the amendments, except for the decision-making authority chart found at Section 28 -60 (e). DISCUSSION Due to the number of appeals to the Council in recent years, we recommended shifting the decision-making authority from the Planning Commission to the Council, from which an appeal would go directly to District Court. This would only allow one “bite at the apple” for any applicant. While the Planning Commission would have still held the public hearing on all applications, it would have the authority only to make recommendations to the Council. We anticipated that these planning applications would have landed on the Council’s Consent Agenda for approval without discussion, but any Council member could request review of these decisions before becoming final. Another reason for this new process would be to ensure the City was complying with Minn. Stat. §15.99 which requires all land use applications be approved within 60 days (or 120 days maximum), which must include the appeal period. Court decisions have held that the final decision must include all appeals of the final decision-maker, which is the Council. The reason the current process is problematic is because if the Planning Commission continues an application to a second meeting before it makes a decision, and then the PC’s decision is appealed to the Council, the Council must hold the appeal hearing prior to the expiration of the statutory “clock.” Failure to make the final decision, including the decision on the appeal, is deemed automatic approval of the application by operation of law. We changed a couple other things in the general appeal section, requiring appeals to be made within 10 days of the decision, removing the public hearing requirement of the appeal and removing that the appeal is heard “de novo.” Instead, any appeal would be a review of the record without hearing new evidence, unless allowed by the appellate body. 2 Here are the originally proposed changes to the chart: Public Hearing Requirements and Decision-Making Authority Permits/Action Recommendation Action Appeals Board Administrative Decisions CDD PC/CC Conditional use permit 1 PC PC CC CC Certificate of compliance CDD CC Design review HPC CC Heritage Preservation Use Variance PC HPC CC Interim use permit1 PC CC Planned unit development PC CC Sign design approval Staff HPC/CDD HPC CC Site plan review PC CC Variance PC CC Demolition permit HPC CC Zoning ordinance text/map PC CC The Planning Commission discussed the reasons for the changes and decided that the body holding the public hearing should be accountable for making the decision on the applications. They felt comfortable that this responsibility should rest with them. In addition, they added that there is the safeguard of the presence of legal representation at the Council table where any appeal would occur, so in the event there were issues with the findings or conclusions of the PC, the Council would have an opportunity to adjust, modify or clarify the decision. Based on their recommendation, the chart below has been reverted to its original decision-making authority as follows: Zoning Ordinance §28-60 (e) Public Hearing Requirements and Decision-Making Authority Permits/Action Recommendation Action Appeals Board Administrative Decisions CDD PC/CC Conditional use permit PC CC Certificate of compliance CDD CC Design review HPC CC Heritage Preservation Use Variance PC HPC CC Interim use permit1 PC CC Planned unit development PC CC Sign design approval HPC/CDD CC Site plan review PC CC Variance PC CC Demolition permit HPC CC Zoning ordinance text/map PC CC 3 The Council can choose either chart or modify it as it sees fit. If the final appeal rests with the Council, City Staff will have to be intentionally mindful to watch the “clock” on each application to determine when it will expire, so that we can ensure a final decision is made in a timely manner. ACTION REQUESTED Review both options of the decision-making authority of planning applications and provide direction. DATE: July 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: City Code Revisions Workshop BACKGROUND We are finishing up the final sections of the Code . We will cover Parks & Rec, Streets, Traffic, Utilities, Building & Construction, Park Dedication Fees, Site Plan Review, as well as finalizing a few of the more interesting sections such as the parking tax, self-propelled devices, food trucks, hotel licensing, and parking in the front yard. DISCUSSION Chapter 18 – Parks and Recreation Council direction needed: We currently allow alcohol in parks (except Teddy Bear Park) but we will need to address whether or not we will allow the use or sale of marijuana in parks as part of special events or as a stand-alone special event. We are recommending the Council adopt a moratorium on all marijuana uses as well as the expansion of CBD uses effective until January 1, 2025, or until the City adopts appropriate zoning and registration regulations, whichever occurs first. We currently have 3 CBD retail licenses (2 in the Industrial Park and 1 in the Central Business District). If the Council agrees to adopt a moratorium, we will schedule the public hearing. If it is determined that the Council does not want to allow marijuana in the parks, we may need to revisit the consumption of alcohol in the parks. (*See existing ord. attached) Chapter 20 – Streets We clarified that the responsibility to care for the boulevard trees that are planted in the ROW by the City is that of the property owner, not the City with the following language: Trees planted in public rights-of-way are the responsibility of the owner of the property upon which the tree is planted. All maintenance tasks, including but not limited to, watering, mulching, fertilizing, removal, trimming for reasons other than street and sidewalk clearance, and any form of chemical treatment are the sole responsibility of the owner of the property upon which the tree is planted. 2 Chapter 22 – Traffic We cleaned up this section to remove crimes covered in state law. However, there are two significant sections that require discussion. Council direction needed: Self-Propelled Devices: At the workshop in May, the Council agreed to move forward with the revised language that requires the responsible and safe use of self-propelled devices and removes the specific prohibition on these devices in the CBD district. (See attached*) Front Yard Parking: As discussed at the workshop in May, the Council agreed to discuss language that prohibits front yard parking with certain exceptions. We offer the following language: No Front Yard Parking. No person may park or permit any vehicle to park in the front yard of any public or private property that is sodded or landscaped or is maintained as a boulevard or open yard space adjacent to a street, highway or parking lot. Exception. Single-family residential properties may apply for a special permit issued administratively by the Community Development Department, if the following requirements are met: (1) The property is a single-family residential use. (2) No reasonable alternative exists for on-street parking. (3) Any vehicle parked in the front yard is licensed and operable. (4) Only one vehicle may be parked in the front yard at a time. As requested, I prepared a communication piece for the public. (See FAQ attached*) Chapter 24 – Utilities Working with the Public Works Director on language changes, we clarified that a private water line is defined from the water main to the building , added sections on water meter testing, failures and valve installation, clarified that a water connection is required when the property is sold as long as both sewer and water are available to the property and added SAC and WAC requirements. Chapter 30 – Building & Construction In discussions with the Building Official, we removed unnecessary references to State Laws and Codes, moved all fees to the Fee Resolution/Ordinance and put all construction-related ordinances in this Chapter, such as swimming pools, driveways, grading, and moving buildings, which were scattered throughout the Zoning Ordinance. Chapter 32 – Subdivision Regulations Council direction needed: A new Park Dedication ordinance is being introduced to better align with the current law. (*See attached) As part of a new plat, State law allows cities to require a developer to preserve part of its development for public use: 3 Minn. Stat. 462.358 Subd. 2b. Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, stormwater drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.191, playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in section 462.353, subdivision 4a. However, State law provides direction on the exte nt to which land or cash should be calculated: (c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or all of the new lots created in the subdivision, based on the average fair market value of the unplatted land for which park fees have not already been paid… "Fair market value" means the value of the land as determined by the municipality annually based on tax valuation or other relevant data. If the municipality's calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the municipality and the applicant or based on the market value as determined by the municipality based on an independent appraisal of land in a same or similar land use category. While the use of set cash fees in a fee schedule has been an acceptable practice for years, there is recent caselaw (currently on appeal at the MN Supreme Court) that requires an individual evaluation of each project to determine the impact of the development or project on a city’s park system. For example, a 100-unit market rate apartment building will not have the same impact on the parks system as a 100 -unit assisted living facility which will also not have the same impact as a 100,000 square foot warehouse with 5 employees. We have prepared an ordinance that uses both a fee and a formula and provides language to give the flexibility to apply other factors to determine the appropriate amount of park dedication fees. The fee schedule will provide the estimated fees, but it may be adjusted depending on the specific development. Current park dedication fees are as follows: Single family residential $2,000/unit Duplex $1,500/unit Townhomes $1,500/unit Multi-family $1,500/unit Commercial and industrial properties will be evaluated based on each development. 4 It is important to note that cities are not allowed to put the cash fees in the city’s general fund or use it for ongoing maintenance for existing parks but must use it for the development of new parks or new improvements to old parks. Chapter 34 – Zoning While a complete revision to the Zoning Code is coming in 2024, we made minor terminology and definition changes. We removed all references to Special Use Permits as the statutory term is “conditional use permit,” we fixed the zoning charts to attempt to avoid contradictions and ambiguity, and we added a process for Site Plan Review for new or redeveloped sites. (*See attached) Another important note is that as previously discussed, we eliminated the parking deficiency tax. The Planning Commission will review and hold a public hearing on the zoning ordinance revisions on Wed., June 28. I will be attending the PC meeting and can provide an update of their review/recommendation at the July 5 workshop. Other Unfinished Business Council direction needed: Food Trucks Currently the following requirements apply to all food trucks: • An annual City permit is required • Only allowed in the CBD District • Only allowed on private property (with an exception for special events approved by the City) • Cannot take up required parking stalls of the primary use • Must close by 2:30 a.m. • If it is going to be there for more than 20 hours, HPC must review and approve the exterior design • A County health permit is required. The Council provided the guidance at the May workshop that food trucks can be allowed on private property anywhere in the City, with specific limitations in the CBD. Here is what is proposed in the revised ordinance: • An IUP is required for any food vending operation lasting more than 4 days which terminates if there is a change in ownership of the private property. • If they are in the CBD, they are only allowed on private property of a restaurant or a brewery. • If they are not in the CBD, they are allowed on private property • If they are not in the CBD, they are allowed in the street if adjacent to a consenting property owner as part of a 1-2 day event. • They require review by HPC if in the CBD for more than 24 hours. • There is an exception to all these rules if approved as part of an event permit. (See attached*) 5 Hotels The legislature passed the law allowing cities to license hotels. The license fee is capped at $150. We have prepared a hotel license ordinance for consideration that provides performance standards for hotels. If a hotel violates the City’s conduct or maintenance ordinances, the City can take enforcement action, either with administrative citations or initiating an action on their license. (See attached*) ACTION REQUESTED Review and discuss the ordinances and provide direction to City Staff. Once the final revisions are made, we will present the entire Code to the Council for official adoption later this fall. ATTACHMENTS Alcohol in Parks – existing ord. Self-Propelled Devices - proposed FAQ No front yard parking Parkland Dedication - proposed Site Plan - proposed Outdoor Seasonal Food Vending - proposed Hotel License - proposed 6 ATTACHMENTS Sec. 48-4. CONSUMPTION OF ALCOHOL IN CITY PARKS. (existing Code) Subd. 1. Consumption of alcohol generally allowed. The consumption and possession of alcohol in non-glass bottles is generally allowed in all City parks within the City of Stillwater, except where provided below. Subd. 2. Prohibited in Teddy Bear Park. No person may consume or possess alcohol in Teddy Bear Park. Subd. 3. Special event exception. The permission to consume or possess alcohol in City parks does not include special events that offer the sale of alcohol and consumption in a compact and contiguous space. In the case of a special event that sells alcohol, no one shall consume or possess alcohol that was purchased outside of the special event or in areas other than where it is allowed during the special event. Sec. __-__. SELF-PROPELLED DEVICES. Subd. 1 Self-propelled devices. The term “self-propelled device” means a non-motorized platform, footboard, ski-like device, shoe, boot, or similar object mounted on wheels and designed and intended to propel the rider by human power or force or by gravity, including, but not limited to: skateboards, roller skis, scooters, roller skates and in-line skates. The definition does not include wheelchairs, bicycles, wagons or strollers. (same) Subd. 2 Regulations. (1) Persons shall ride self-propelled devices upon a public street, highway or sidewalk in such a manner that does not endanger or would be likely to endanger other persons or property, or wherever it is prohibited by signs, whether on public or private property. All riders must slow to a speed that is reasonable for conditions of traffic, be able to stop if necessary and yield the right-of-way to any pedestrians. Riders must yield to motor vehicles when crossing roadways. (2) No person may attach a self-propelled device to any motor vehicle. (3) Persons using self-propelled devices may not obstruct any public property by placing any building materials, carriages, carts, boxes, lumber, firewood, posts or rails or any other materials or substances whatsoever to be used as ramps or guides for other skateboards or other self-propelled devices. (4) Use of a self-propelled device is prohibited on private property of another without the written permission of the property owner, which shall be provided to law enforcement upon request. (5) The city council may prohibit the operation of self-propelled devices within certain areas of the city by resolution, if recommended by the police chief in order to protect the public health, safety and welfare of the citizens. 7 FAQ NO FRONT YARD PARKING Q1: Right now, anyone can park on their lawn, in the front, back or side yard. What is the new law? A1: No one will be able to park in the front yard on any type of property (residential, commercial or industrial). Q2: I don’t have a driveway. What am I supposed to do? A2: If on-street parking is allowed on your street, you will be required to park in the street. Q3: I have no driveway and my street is too narrow to allow both parking and passable driving lanes. Now what am I supposed to do? A3: If you have unique circumstances, you can apply for a special permit from the City to allow you to park one vehicle in your front yard but you have to meet the following criteria: • The use is single family residential • You have no reasonable alternative places to park • The car must be licensed and operable Q4: If I get a special permit, how many cars can I park in my front yard? A4: With a special permit, you will be allowed to park 1 vehicle at a time in the front yard. It does not have to be the same vehicle, but you are only allowed to have 1 vehicle parked in your front yard. Q5: Can I still park on the grass in the back yard? A5: Yes, you can still park on the grass in the back yard or side yard. Q5: What happens if I park in my front yard without a permit or violate the conditions of the permit? A5: The consequences for violating the City Code are an administrative citation with a financial penalty, or abatement and assessment for the costs of removing the vehicle or a misdemeanor criminal citation. The ordinance reads as follows: No Front Yard Parking. No person may park or permit any vehicle to park in the front yard of any public or private property that is sodded, seeded, or landscaped or is maintained as a boulevard or open yard space adjacent to a street, highway or parking lot. Exception. Single-family residential properties may apply for a special permit issued administratively by the Community Development Department, if the following requirements are met: (5) The property is a single-family residential use. (6) No reasonable alternative exists for on-street parking. (7) Any vehicle parked in the front yard is properly licensed and operable. (8) Only one vehicle may be parked in the front yard at a time. 8 ARTICLE ___ PARK LAND DEDICATION REQUIREMENTS Sec. __-__. Land dedication or cash contribution Subd. 1. Authority. Pursuant to Minnesota Statute 462.358, subd. 2(b), the City has authority to require a reasonable portion of the buildable land of any proposed subdivision be dedicated to the public or preserved for public use, including parks, recreational facilities, playgrounds, trails, wetlands, and public open space. In the alternative, the City may choose to accept a cash fee for some or all of the value of the dedication. Subd. 2. Purpose. The City recognizes that the preservation and creation of parks, recreational facilities, playgrounds, trails, wetlands, and public open space is essential to maintaining a healthful, safe and desirable community. The City must not only provide these necessary facilities for the citizens of today, but also for the future needs of the City as described in the Comprehensive Plan and the Parks, Trails and Open Space Master Plan. It is recognized that the demand for park, recreational facilities, playground, trails, and public open space within a municipality is directly relate to the density and intensity of development permitted and allowed within any area. Greater densities mean greater numbers of people and higher demands for such public amenities. Subd. 3. Basis. The City shall conduct an individualized determination of the amount of land needed for the purposes set forth in this Chapter and shall demonstrate an essential nexus between the land dedication or cash fee, and the purpose sought to be achieved. The dedication or fee shall bear a rough proportionality to the need created by the proposed subdivision. Sec. __-__. Dedication of land The amount of land to be dedicated under this section will generally follow the schedules below, however the total amount required for dedication may increase or decrease based on the City’s basis analysis. The City alone shall determine the location and configuration of any land dedicated, taking into consideration the suitability of the land for its intended purpose and the City’s needs for park, playground, trail, or public open space. All land dedication determinations shall be based on the net area of the property. The “net area” of the property shall be the gross area of the property minus the area of wetlands, lakes, and streams below the ordinary high-water mark. The land dedicated for public use shall be in addition to property dedicated for streets, alleys, easements, storm water ponding, or other public ways. Subd. 1. Residential Property. UNITS PER ACRE ESTIMATED PERCENTAGE OF NET AREA 0—1.9 units 10% 2.0—3.5 units 11% 3.6—5.9 units 12% 6—10 units 13% 10+ units Additional .5% for each unit over 10 9 Non-Residential 7.5% of net developable land area Subd. 2. Mixed Use Property. Land contributions shall generally follow the percentages above and shall be based on the amount of land and number of units designated to residential use and the amount of land designated to non-residential uses. Sec. __-__. Cash contribution. At the City Council’s sole discretion, a cash contribution may be accepted in whole or in part for the required land dedication under this Chapter. The park land dedication fee guidelines shall be determined by the City Council on an individualized basis. The amounts included in the City’s fee schedule are for use as a general guideline. Subd. 1. Mixed Use Developments. Cash contributions shall be based on the amount of land and number of units designated to residential use and the amount of land designated to non-residential uses. Subd. 2. Timing of payment. Cash contributions shall be paid prior to the release of the final plat or subdivision approval. Subd. 3. Use of payments. Cash payments received under this Section shall be placed in a special fund to be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or public open space based on the City’s approved park systems plan. Subd. 4. Determining the amount of a Cash contribution or combination cash and land contribution. In the event the contribution is cash or a combination of cash and land, the City will first determine the total land dedication required pursuant to the basis analysis and then convert that total land dedication to its fair market value pursuant to Minnesota Statute § 462.358, subd. 2b(c). Once the total conversion from land to cash is determined, the fair market value of the land actually dedicated, if any, shall be subtracted and the remainder shall be the amount due in cash. Sec. __-__. Disputes and appeals. Any disputes or appeals arising under this Chapter regarding park land dedication shall be resolved pursuant to the requirements of Minnesota Statute § 462.358. Sec __-__. SITE PLAN REVIEW. Subd. 1. Pre-application sketch review process. (1) Prior to the submission of a site plan application, potential applicants may present a sketch to the Community Development Director. The sketch may be conceptual and may include the following related materials: (a) A scale drawing of the proposed site with reference to existing development within two hundred (200) feet of adjacent properties. (b) General location of proposed structures. 10 (c) Tentative street arrangements, both public and private. (d) Amenities to be provided such as recreational areas, open space, walkways, etc. (e) General location of parking areas. (f) Proposed public sanitary sewer, water and storm drainage. (g) A statement showing the proposed density of the project with the method of calculating said density also shown. (h) Topographic contours at two-foot intervals. (i) Wetland delineation. (j) Proposed general schedule of development. (k) Information on the proposed developer. (l) Other information or materials useful in reviewing the sketch. (m) Letter of concurrence from landowner. (2) Requests for pre-application sketch review shall be submitted to the Community Development Director. The sketch shall be accompanied by a fee and a cash escrow as set forth in City Code Section . The sketch shall also be accompanied by written and graphic materials, the number, size, and format as prescribed by the Community Development Director, describing the proposed change, development, or use. The application shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements. (3) The Community Development Director shall review the sketch and provide informal comments. The Community Development Director shall have the prerogative and authority to refer the sketch to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the Community Development Director, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision. Subd. 2. Formal application site plan review. Procedures. The procedure for site plan review is as follows: (1) The property owner or the owner’s agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form. (2) The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section with the Community Development Director. (3) The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council. (4) The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by Minn. Stat. §15.99. (5) The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application. Subd. 3. Exempt from site plan review. Except in those cases specifically cited within this Section, the following shall be excepted from the requirements of this Section and shall be processed through the building permit review process: (1) Single-family dwellings and accessory structures; 11 (2) Recreational structures and buildings in public parks. Subd. 4. Required site plan application information and materials. The following information and materials shall be required for the application: (1) A complete application form signed by all property owners. (2) All required fees and escrows. (3) A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company. (4) Accurate and to-scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information: (a) North point and graphic engineering scale. (b) Location map showing relationship to street system and surrounding development. (c) Date of preparation and revision date(s). (d) Boundary line survey, including measured distances and angles which shall be tied to the nearest ¼ corner or section corner by traverse. (e) Existing and proposed right-of-way widths and names of proposed streets. (f) Site statistics including: i. Gross site acreage/minimum lot size in the zoning district. ii. Total stormwater management acreage. iii. Any wetland impact area and wetland replacement area. iv. Percent green space. v. Net density. vi. Existing, proposed and required parking. (g) Locations of rights-of-way, driveways, parks and public lands, permanent buildings and structures, easements, section and corporate lines, water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features within the site and to a distance of two hundred feet (200’) beyond the property boundary(ies). (h) Locations and dimensions for existing and/or proposed buildings or other structure(s); setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs. (i) Architectural renderings and specifications for exterior wall finishes and percentages proposed for all principal and accessory structures. (j) Colored site plan and elevations. (k) A utility plan showing all existing and proposed water, sanitary sewer and stormwater management utilities needed up to two hundred feet (200’) beyond the project area boundary as well as pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm sewer mains. (l) A grading plan with topographic data for two hundred feet (200’) around the subject property or around major features with intervals not exceeding two feet (2’) except where the horizontal contour interval is one hundred feet (100’) or more in which case a one-foot vertical interval shall 12 be shown. All proposed stormwater management facilities, roadway gradients and spot elevations on parking lots and curb lines must also be shown on the grading plan. (m) Ingress and egress to property and proposed structures thereon and with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access. (n) Screening and buffering with reference to type, dimensions and purpose. (o) Exterior lighting plans showing proposed exterior lighting and signs with reference to fixture types, height including base, glare, traffic safety, lumen levels at all property lines, and compatibility and harmony with properties in the district. (p) Landscape plan showing quantities, size, common and botanical names, mature heights and spreads, root type and locations of plants and areas of sod. (q) Stormwater management analysis, if required. (r) Sustainable design elements, if any. (s) Such other information as required by the Community Development Director. Subd. 5. Administrative approval. The site plans for certain projects, including but not limited to those types of projects listed below, may be reviewed and approved administratively by the Community Development Director or their designee in coordination with the City's other departments and any relevant regulatory agencies, however, Community Development Director may, at their discretion, refer any site plan to the Planning Commission and City Council for review: (1) Proposed minor structural additions involving either up to ten percent (10%) or less of the total existing floor area or site expansions or modifications involving ten percent (10%) or less of the total existing site area which meet all ordinance requirements may be approved by the Community Development Director prior to the building permit being issued, and shall not require Planning Commission or City Council review, subject to the following: (a) This Section shall apply to all permitted residential and nonresidential uses which are subject to the site plan approval requirements of the Zoning Code, and to those conditional uses involving commercial and industrial uses, and for which the minor structural additions or site modifications do not significantly alter or conflict with the original intent and parameters of the approved conditional use. The Community Development Director shall determine what constitutes significant change. (b) This Section shall apply in the cases of new developments which have received City Council plan approval, but for which building permits have yet to be taken; and this section shall apply to existing developments for which there are on file City Council approved site plans. (c) Compliance with all ordinance requirements shall be construed to include all adopted policies and codes. (d) Unresolved disputes as to administrative application of ordinance requirements shall be referred to the Planning Commission and City Council following normal plan review and approval procedures. (e) Plans submitted for minor structural additions or minor site alterations under the terms of this section shall be the same as those required by the ordinance for site plan approval. Subd. 6. Lapse. The Site Plan approval shall lapse and become null and void if work is not commenced within 1 year of the date of approval. 13 Sec. 41-7. SEASONAL OUTDOOR SALES. (FOOD TRUCKS) Subd. 2. Outdoor Seasonal food vending. Outdoor seasonal food vending is allowed by annual permit subject to the following: (1) A completed permit application form must be submitted annually (including permit fee) to the community development department. The completed application must be submitted at least 60 days prior to the first seasonal usage of the cart or vehicle. To be considered complete, the application must include the completed application form, permit fee, and the following additional information. (a) Address of the private property upon which the cart or vehicle will operate. (b) Site and operations plans detailing at least the following: 1. Size and location of the area being occupied by the operation. 2. Color photographs or renderings and dimensions of all four sides of the vehicle or cart, including exterior facade design. (i) In the CBD zoning district, if the food vending cart or vehicle is proposed to remain in place for a period of 24 hours or greater, the exterior facade design shall require a design permit as reviewed and approved by the heritage preservation commission. (ii) The design permit standards shall include the following: a. The food vending cart or trailer shall generally follow the adopted Commercial Historic District Design Manual and not be generic in design. White utility trailers are not permitted without significant exterior design improvements. b. The exterior of the food vending cart or trailer shall not contain neon colored/fluorescent paint. c. The food vending cart or trailer shall not contain neon lighting, display any moving parts, be illuminated with any flashing or intermittent lights, nor may it incorporate any animation. No device may be illuminated to obscure or mimic an official traffic sign or signal. This includes indoor lighting which is visible from public streets. d. The food vending cart or trailer shall not use outside sound amplification, televisions or other similar visual displays, nor may it use noisemakers such as bells, horns or whistles. 3. Location of exits from principal building on the property. The vending equipment and operation must not block the exits. 4. Storage location when not open for business if different from address of operations. 5. Method of containing trash and recycling. 6. Pedestrian and traffic control safety measures. The sales area may not impede pedestrian or vehicular circulation patterns on or around the site. 7. Parking stalls. If parking stalls are being used by the vending operation, this must be indicated on the site plan. The total number of parking spaces required of the principal use of the private property shall not be reduced below the minimum number required by ordinance. 8. Miscellaneous operation details including: a) dates and hours of operation, b) merchandise or service being offered for sale, and c) contact information for the landowner, the applicant, and the manager of the operation. (c) Utility plan. Indicate how utilities will be provided to the operation. 14 (d) Signage plan. The annual permit application must include details of all proposed signage. A drawing for each proposed sign shall be submitted. The drawing shall show dimensions and describe materials, lettering, colors, illumination, and support systems. The proposed signage shall be reviewed against the following standards. 1. The total number of signs associated with a seasonal vending operation is limited to two. 2. All signage for the seasonal vending operation must be contained on the subject private property. 3. One sandwich board type sign is allowed. 4. One sign may be painted or affixed directly to the vehicle or cart. 5. No sign associated with the operation is allowed to be on the subject property when the cart or vehicle is not present. (e) Signed agreement from the property owner allowing the proposed operation. (f) A satisfactory inspection report of the proposed cart or vehicle from the Stillwater Fire Department. (g) A permit issued for the cart or vehicle by Washington County health officials. (2) Allowed locations and conditions. An outdoor seasonal food vending operation may only operate in the locations and under the conditions set forth in this section: (a) In all zoning districts, on private property, with written consent of the property owner, unless allowed in the right of way pursuant to (2)(b). (b) In all zoning districts except the CBD, in the right of way immediately adjacent to a consenting property owner, if it does not create a public safety hazard, and as long as the street is not posted with “no parking” signs or is a street with a posted speed limit of 30 miles per hour or greater. (c) In the CBD only on private property and as an accessory use to a restaurant or an establishment with a brewer or distillery license. (d) If the operation is in a location for more than four days, an IUP is required. (e) A change in ownership of the property upon which the operation is located automatically terminates the IUP. (f) No more than two outdoor seasonal food vending operations are allowed on any property at a time. (3) The annual permit shall be reviewed and may be reviewed administratively by the community development department. (4) Outdoor seasonal food vending operations are exempt from these provisions if approved as part of an event permit. (5) All outdoor seasonal food vending operations must close by 2:30 a.m. each day. (6) The chief of police may require operations to cease at any time if there is a threat to the public health, safety and welfare or for failure to obey a lawful order of law enforcement or any authorized City Staff. 15 Sec. - . HOTEL LICENSE Subd. 1. Definitions. Words used in this section shall have the following meanings unless otherwise defined in this section. GUEST. A person as defined in Minn. Stat. § 327.70 subd. 2 as it may be amended. HOTEL. A hotel, motel, resort, boarding house, bed and breakfast, furnished apartment house or other building as defined in Minn. Stat. § 327.70 subd. 3 as it may be amended. OWNER or LICENSEE. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property or recorded in the official state, county or city records as holding title to the property or otherwise having control of the property. PERSON. May be an individual, corporation, firm, association, company, partnership, organization or any other group acting as a unit. Subd. 2 License Required. (1) General rule. No person, partnership, business entity, or corporation shall operate a hotel in the city without a license for each building. (2) City council action. Upon receipt of a completed application, the city council may take any of the following actions on new license applications: (a) Approve the license; (b) Deny the license; (c) Approve a provisional license; (d) Approve the license with reasonable conditions; or (e) Continue the license application for good cause. (3) Applications. The license application must be submitted on a form provided by the city and must include all the information requested on the application form, in addition to the following information: (a) Property owner information. 1. The name, address and complete information of the property owner, if the property owner is an individual, including social security number. 2. The name, address and complete information of at least one officer, manager or director, if the property owner is a business entity, including the name of the business entity, the state of formation, the applicants federal tax identification number and state employer identification number. (b) Property contact information. The applicant must provide 24-hour contact information for one person in any of the following categories: 1. At least one person who is responsible for compliance with this and any other code requirement pertaining to the hotel, such as a property manager, who must reside in the Twin Cities 7-County metropolitan area or is able to respond to complaints within 60 minutes or less; or 2. Any of the owner's agents responsible for management of the hotel, such as a property management company and the name and contact information of a person at the property management company. (c) The city clerk must be notified in writing of any changes to the name(s) provided on the application. (d) Number of rooms. The license application must contain the number of guest rooms within 16 the hotel. (e) Insurance. The licensee must provide proof of sufficient and suitable insurance with the license application. (f) License fee. The application must be accompanied by payment in full of the required license fee. The license application fee will be determined by the city council and listed in the city fee schedule. (4) Changes in ownership. A license is non-transferable. If there is a change in the ownership of the hotel, a new license is required. (5) License term. The term of the license year begins on January 1 and ends on December 31, unless a shorter license term is specified upon approval. (6) Display of license certificate. The license certificate must be exhibited in a conspicuous place at or near the entrance to the hotel. Subd. 3. Maintenance standards. (1) It is the responsibility of the licensee to assure that every hotel is maintained in compliance with all city ordinances and state laws. A violation of any of the following laws and ordinances constitutes a public nuisance: (a) Building Code (Chapter 33); (b) Animal regulations (Chapter 27); (c) Minnesota State Fire Code (Section 23-1, subd. 1); (d) Public nuisance regulations (Chapter 38); (e) Parking violations (Chapter 51); Subd. 4. Conduct in hotel. (1) It shall be the responsibility of the licensee to ensure that guests occupying a licensed property conduct themselves in such a manner as not to cause the licensed property or surrounding neighborhoods to be disorderly. For the purposes of this section, a licensed property is disorderly at any time that any of the following activities occur involving: (a) Noise complaints; (b) Disorderly conduct (c) Controlled substances, violations of city code chapter 43 regarding intoxicating liquor or 3.2 percent malt liquor; (d) Falsely reporting a crime; (e) Prostitution or acts relating to prostitution; (f) The unlawful use of a firearm or unlawful possession of a firearm; (g) Terroristic threats, not including domestic assault; assault; (h) Contributing to the need for protection or services or delinquency of a minor, child abuse/endangerment; (i) Violations of Section 3 of this ordinance (Maintenance standards); (j) Murder; (k) Rape, indecent exposure, other sex crimes; (l) Robbery, burglary or theft (including auto theft); (m) Arson, negligent fires; property damage (including criminal damage to property); (n) Trespass; (o) Warrant arrests; (p) Public health violations; 17 (q) Aiding and abetting the commission of a violation contained herein. (2) Upon a determination by the city that a licensed property was used in a disorderly manner, as described in this section, the city may issue an administrative citation pursuant to Chapter 22, Section 22-10. Subd. 5. Responsibility for acts of manager. Licensees and owners are responsible for the acts or omissions of any manager as it pertains to the hotel. Subd. 6. License denial, suspension or revocation. Depending upon the circumstances, nature and severity of the violation of any of the above-stated provisions, the city council may hold a license hearing for consideration of suspension, revocation or conversion to a provisional license, if deemed appropriate. Any hotel license may be suspended or revoked for one or more of the following reasons: (1) It is the third substantiated and relevant complaint or violation of the ordinance within a 12- month period. (2) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (3) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee's business; (4) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the hotel rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (5) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. (6) Other good cause. Subd. 7. Violations. A violation of this ordinance is a misdemeanor. However, the city may use alternative enforcement methods, including issuing an administrative citation pursuant to Section 22-10. DATE:July 5, 2023 TO:Honorable Mayor and City Councilmembers FROM:Kori Land, City Attorney SUBJECT:Proposed Parking Lot Lease – North Zephyr Lot BACKGROUND In 2005, the City entered into a lease agreement with the Zephyr to allow it to use the City’s parking lot on the north side of the Zephyr Theatre building. Basic terms of the lease were as follows: 1. $1 2. An indefinite term 3. Exclusive use for Zephyr parking, staging area and loading/unloading of equipment. 4. City’s use was limited to law enforcement purposes only. In 2016, the Zephyr was given a Special Use Permit to expand the parking lot area, but these improvements were never started: In April 2020, the City gave the required one-year notice of termination of lease, so the lease is now terminated. The Manitou Fund has now purchased the property and is leasing it to River Grove School for a K-6 elementary school. The City approved an IUP for the use of the property as a school as well as for the Zephyr Theatre for performances, for up to 2 years (through July 31, 2025). One of the conditions of approval was for a bus drop off/pick up zone located in the north parking lot, as it was determined to be the safest place to avoid the intersection of parent drop-off and bus drop-off zones. (see attached depiction of the proposed loading zones) This north parking lot is the same City parking lot previously leased by the Zephyr. Therefore, the use of the north parking lot requires a new lease agreement. The parking lot is in poor shape. It was proposed that the lease payment would be the requirement that the Manitou Fund improve the parking lot to the City’s specifications. The anticipated cost of the improvements is approximately $100,000. Due to the investment in the improvement, the Manitou Fund has requested a semi-exclusive lease for 15 years. (about $6,600/year) The School will need exclusive use of the parking lot for its bus loading zone during the day for the school year. Manitou Fund also anticipates the Zephyr Theatre will need exclusive use for shows and events on nights and weekends. After the last work session, I informed Manitou Fund that the City needs to have access for public parking for events and weekends in the summer. To that end, Manitou Fund incorporated specific dates/events when the north parking lot can be used by the general public on a first-come first-served basis. x Fourth of July x Lumberjack Days x Harvest Fest x World Snow Sculpting x Weekends between Memorial Day and Labor Day Other than these times, the north parking lot would be exclusively used by the users of the building. Now that the Council has made it clear that Lumberjack Landing is a priority project, I requested provisions acknowledging that the Lumberjack Landing project is coming to fruition and the City will need access, shared parking, etc. The response from the Manitou Fund was that it preferred to move forward with the proposed lease that addresses with the existing use and any future needs by the City can be pursued in an amendment. There is a termination clause in the proposed lease that allows the City to terminate the lease with 6 months’ notice, but it must refund the Manitou Fund a portion of the costs of the parking lot improvement based on the unexpired lease term. If we are unable to reach an agreement on lease terms, the Manitou Fund will have to amend the IUP and find an alternative solution to its bus drop off/pick up zone. Representatives from the Manitou Fund will be present at the work session to discuss lease terms. ACTION REQUESTED Review the proposed lease and consider the following lease terms: x Length of lease (15 years) x Requirement to improve the parking lot x Public Parking Days x 6-month termination notice with repayment penalty x Prohibited activities in the parking lot: o Tailgating o Loitering o Overnight parking o Possession of firearms o No use of alcohol Drop Off/Pick Up Loading Zones City of Stillwater Washington County, Minnesota RESOLUTION PC2023-19 RESOLUTION GRANTING AN INTERIM USE PERMIT FOR PROPERTY LOCATED AT 601 MAIN STREET NORTH IN THE CENTRAL BUSINESS DISTRICT TO OPERA TE A K-6 SCHOOL, KNOWN AS RIVER GROVE SCHOOL, AND DETERMINE IT A USE DEEMED SIMILAR TO "SCHOOLS, BUSINESS AND TECHNICAL" (PROJECT NO. CD 2023-21) WHEREAS, the City of Stillwater received an application ("Application") for a conditional use permit from Manitou Fund {"Applicant"), requesting the ability to use the real property located at 601 Main Street North, legally described on Exhibit A (the "Property") for a Kindergarten through 5th Grade {"K-6") school; and WHEREAS, the Property is located in the Central Business District; and WHEREAS, a K-6 school is not a permitted use in the Central Business District; and WHREAS, elementary schools are allowed as either a Permitted use or Conditional use in the Low Density and Medium Density Residential Zoning Districts but are not expressly allowed in any commercial zoning district; and WHEREAS, "Schools, Business and technical" is a permitted use in the Central Business District; and WHEREAS, the Planning Commission has the authority to approve other uses not expressly allowed in the Central Business District if they are of the same general character as another use that is identified as an allowable use in the Central Business District; and WHEREAS, on April 28, 2023, the City determined the Application to be incomplete due to lack of a traffic impact study; and WHEREAS, on May 18, 2023, the City received the traffic impact study and deemed the Application complete as of that date; and WHEREAS, Applicant intends to lease the Property to River Grove School {"School") to operate a K-6 elementary school for a period of time while the School searches for a permanent location more suited for its environmental focus; and WHEREAS, Only a Dim Image, operating as the Zephyr Theatre, is selling the Property to the Applicant and had a Special Use Permit to operate as a commercial recreational center at the Property; and WHEREAS, the School has indicated it would like to allow the Zephyr Theatre to hold occasional performance events at the Property, so long as the events do not conflict with the School's activities; and WHEREAS, on May 12, 2023, the Applicant revised its application to remove the request for a Conditional Use Permit and instead requests an Interim Use Permit for the School to operate for up to four {4) years; and WHEREAS, on May 24, 2023, the Planning Commission held a Public Hearing and considered the application for an Interim Use Permit. WHEREAS, based on the information presented in the Planning Commission packet, as well as the reports and information presented at the hearing as well as the public testimony , the Planning Commission hereby makes the following: FINDINGS OF FACT 1. The use of the Property for a K-6 school for River Grove School is determined by the Planning Commission to be of the same general character to that of "Schools, business and technical ," which is allowed as a permitted use in the Central Business District. 2 . The use of a School at the Property will not impair the present or potential use of adjacent properties. 3. The use of a School conforms to the zoning regulations. 4. The date or event that will terminate the use can be identified with certainty as either the date the lease between River Grove School and the Applicant expires or July 31 , 2025, whichever occurs first. 5. Permission of the use as a School will not impose additional costs on the City if it is necessary for the City to take the property in the future . 6 . The Zephyr Theatre previously occupied the Property and utilized it to conduct performing arts events and was deemed to be a Commercial Recreational Center, which is allowed in the Central Business District as a Conditional Use. 7. The Zephyr's Conditional Use Permit is being rescinded as part of this Interim Use Permit since it will no longer own the Property and be the primary use. 8 . The School has indicated it will allow the Zephyr Theatre to use the Property for occasional performing arts events. 9. Such occasional use by the Zephyr Theatre for performing arts events is considered to be incidental to the principal use of the Property as a School. 10. The Applicant has agreed in writing to all conditions that the Planning Commission deems appropriate for permission of the use as a School. NOW, THEREFORE, BE IT RESOLVED , that the City Planning Commission of the City of Stillwater hereby grants an Interim Use Permit for the Property to allow River Grove School to operate a K-6 school as an "educational institution, school ," a use determined to be similar to "Schools, business and technical ," contingent upon the Conditions below. CONDITIONS 1. Term of IUP. a. The Interim Use Permit shall be coterminous with the School's lease with the Applicant or shall terminate on July 31, 2025, whichever occurs first. b. The Interim Use Permit shall terminate if there is any expansion of the School or intensification of the School's use without an amendment to this Interim Use Permit by the Planning Commission . c . The Interim Use Permit may terminate upon revocation by the City Council after notice and opportunity for hearing . 2 2 . Maximum Number of Students . The maximum number of students enrolled in the School at any one time shall be 200. 3. Zephy r Theatre Use . Zephyr Theatre's use of the building would be coordinated with the Applicant and the School. The Zephyr Theatre events and School events shall not occur simultaneously or in such a manner as to cause traffic issues or public safety concerns on Main Street or with adjacent properties. This provision does not prohibit the Zephyr Theatre from conducting activities with the School customarily associated with K-6 educational programming limited to the students enrolled at the School. 4 . School Use. The School may use the Property for River Grove School and its related activities year-round for those activities customarily associated with K-6 educational programming limited to the students enrolled at the School. a . School activities shall generally be conducted between the hours of 8 a.m. and 4 p .m . but the School building hours may be open between 7 a.m. and 10 p .m . b. No activity shall be permitted that unreasonably disturbs the peaceful enjoyment of adjacent properties. c . The School may have no more than 4 buses on the Property at any one time. The storage of school buses is not permitted on the Property. 5. T r affic Pl a n . The City approves of the Traffic Plan for queuing regarding drop off and pick up times , prepared by SRF Consulting Group, which is attached hereto as Exhibit B ("Traffic Plan"). If it is determined that a modification is needed to the T raffic Plan in order to enhance safety, the modified plan shall be reviewed and must be approved in writing by the Community Development Director. a . The Applicant shall require the School to educate the parents regarding the a p proved Traffic Plan and make all efforts to ensure parents comply with the Traffic Plan , including the assignment of School employees at various locations at School entrances and in the parking lot areas during drop off and pick up times, as well as during any events, to protect the safety of the students, parents, buses and other vehicles on the Property. b. If the Traffic Plan and queuing of vehicles interferes with traffic on Main Street or becomes an immediate threat to the public health , safety or general welfare, the City may take all measures necessary in consultation with the Applicant, including rerouting traffic, enlisting public safety personnel or any other means, at the cost of the Applicant, in order to protect public safety. c . Additional signage and controls may be required by the City, as determined by the Community Development Director, in order to preserve sightlines and public safety. d. MNDOT shall review and approve the proposed Traffic Plan. e . The Applicant shall demonstrate that buses can safely use the City's parking lot on the north side of the Property, as approved by City Staff. The 3 areas on the Traffic Plan where children will be present for bus drop off and pick up shall be separated and shall not intersect with parent drop off and pick up in such a manner that it would cause a danger to children or vehicles . 6. Parking Lot. If the south parking lot does not provide sufficient parking to meet the School's needs, as determined by the Community Development Director, the Applicant shall provide for an alternative off-site parking plan . In such case, the School shall provide written documentation to the City of the alternate off-site parking plan, which may include, but is not limited to, the Applicant entering into a lease with the City for use of the parking lot located immediately adjacent to and north of the Property . 7. Outdoor Events. No outdoor events that draw crowds shall be allowed by the School or by Zephyr Theatre without a Special Event Permit or Interim Use Permit from the City . 8. Rescission of the Prior Planning Approvals . The following planning resolutions that were previously approved for the Property by the City are hereby rescinded and terminated and are of no further force and effect: a. CPC 1988-3 (IUP Temporary kitchen) b. CPC 1994-25 (SUP trolley system) c . CPC 2003 -23 (SUP for restaurant and Variance for parking) d . HPC 2003-13, HPC 2003-66, CPC 2003-95 (Sign variance for canopy sign -denied) e. HPC 2016-6 (Design permit for addition to the structure -lapsed) f. CPC 2016-12 (SUP for expansion to structure -lapsed) g. CPC 2021-31 (Special Event Permit for outdoor performances -Zephyr) h. CPC 2022-54 (IUP for outdoor events -terminates with sale of property) 9. Other Provisions. a. The Property shall be properly maintained, free of refuse, garbage and debris. b . Exterior lighting shall be for security purposes and shall be downcast in style . c . The Property shall not be subleased to any other user without an amendment to this Interim Use Permit. d. Any violation of the above conditions or of the Stillwater City Code may result in the revocation of the Interim Use Permit. Adopted by the City Planning Commission this 24th day of May, 2023. 4 Tim Gladhill , Community Development Director 5 A-1 EXHIBIT A Legal Description of the Applicant’s Property Parcel ID: 28-030-20-11-0035 All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the "ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21 , 1878"; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East along a line hereinafter referred to as "Line A" 18 feet to the point of beginning of the parcel being described; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence northeasterly 209.25 feet along a non- tangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes 28 seconds West along said easterly line 635.47 feet; thence southerly 18.56 feet along said easterly line on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees 22 minutes 12 seconds, to said northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said northerly line 26.15 feet, more or less, to a point 124.00 feet easterly, as measured along said northerly line from said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds West along said easterly line of Tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said centerline 84.25 feet, more or less, to the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles, of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before described "Line A"; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to the point of beginning. Torrens Property, Certificate of Title No. 76312 And Parcel ID: 28-030-20-11-0094 A-2 That part of Tract A described below: TRACT A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21 , 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet to the point of beginning of the parcel being described ; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 577.57 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 feet and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence northerly along said easterly line of Tract 2 to the most northerly corner thereof; thence southerly along the westerly line of said Tract 2 to the point of beginning; which lies westerly of a line run parallel with and distant 18 feet easterly of the westerly line of Tract A herein before described, and southerly of a line run parallel with and distant 447.07 feet northerly of the southerly line of said Tract A. Torrens Property, Certificate of Title No. 80190 B-1 EXHIBIT B Traffic Plan 1 4887-1307-7608\3 PARKING LEASE AGREEMENT THIS PARKING LEASE AGREEMENT (“Agreement”) entered into this day of , 2023, (“Effective Date”) by and between the City of Stillwater, a Minnesota municipal corporation (the “City”), and Manitou Fund STLW, LLC, a Minnesota limited liability company (“Lessee”). RECITALS WHEREAS, the City is the owner of real property located in the City of Stillwater, County of Washington, State of Minnesota, legally described on Exhibit A (the “City Property”), attached hereto and incorporated herein by reference; and WHEREAS, Lessee is the owner of real property located in the City of Stillwater, County of Washington, State of Minnesota, legally described on Exhibit B (“Lessee’s Property”), attached hereto and incorporated herein by reference; and WHEREAS, Lessee as of the Effective Date leases Lessee’s Property as a K-6 elementary school, as well as for special events and would prefer to provide additional parking on Lessee’s Property for such uses; WHEREAS, the Lessee desires to lease the portion of the City Property approximately depicted on Exhibit C for a parking lot (the “Leased Premises”), attached hereto and incorporated herein by reference, for the benefit of Lessee’s Property. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Use. A. Subject to the terms and upon the conditions set forth in this Agreement, the City, its successors and assigns, hereby grants Lessee and its tenants, invitees, contractors, agents and employees (collectively, the “Lessee Parties”) the perpetual and exclusive use of the Leased Premises (except as allowed for the City’s use in Section 1. D) for vehicular ingress and egress, short-term (less than 24 hours) vehicular parking and parking-related uses in the course of the business operated on the Lessee’s Property, including without limitation student bus or parent loading or unloading. B. Lessee will not use the Leased Premises for the storage for school buses, recreational vehicles,semi-trailertrucks orany other vehicles of any kind. C. Thedriveways and drive aisles used forvehicularingress and egress located within the Leased Premises shall be kept open, and no one shall permit any vehicle to be parked or any obstruction of any kind to exist in said driveways 2 4887-1307-7608\3 or drive aisles which will in any way prevent or obstruct vehicular traffic or parking on the Leased Premises, subject only to necessary utility work within utility easements, or parking lot maintenance and repair. D. City shall be permitted to use the Leased Premises at any time for law enforcement purposes and for special events upon written consent of Lessee. 2. Rent. Lessee shall pay rent to City during the Initial Term of this Agreement in the amount of $1. 3. Construction. City and Lessee acknowledge and agree that as of the Effective Date the parking lot requires repair. As consideration for the benefits conferred by this Lease, Lessee shall, at its sole expense, make parking lot repairs and improvements to the Leased Premises as generally described on Exhibit D, to the reasonable satisfaction of the City and pursuant to plans approved by and on file with the City (the “Parking Lot Improvements”). 4. Maintenance. A. Lessee shall, at its sole expense, be responsible for the construction, maintenance and repair of the Leased Premises. Lessee shall maintain in good order and repair the structural elements and surfaces of the driveways and parking areas located upon the Leased Premises. B. Lessee shall clear such driveways and parking areas of dirt, trash, snow and ice in a timely manner. Failure to comply with this section within 24 hours of each snowfall or ice event shall result in the City performing the removal and charging the costs to the Lessee. 5. Insurance. Lessee shall maintain commercial general liability insurance, naming the City as an additional insured in an amount equal to at least $300,000 per person and $1,500,000 per occurrence. 6. Indemnity. Each party (“Indemnifying Party”) hereby indemnifies, defends and holds the other party and its employees, agents, insurers and assigns harmless from and against all claims, actions, costs (including without limitation reasonable attorneys’ fees and costs and witnesses’ fees and costs) or damages of every kind and description (including without limitation claims for property damage or personal injury), fees, judgments, expenses, liabilities, liens, and suits, known or unknown, liquidatedorunliquidated,whichaccrueto oraresufferedbyanyperson orproperty resulting from i) the negligence or willful misconduct of the Indemnifying Party or ii) any default by the Indemnifying Party in performing its obligations under this Agreement. 7. Term. The Initial Term of this Agreement shall commence on the Effective Date and terminate 15 years thereafter (“Initial Term”). Lessee shall have the right to extend and renew this Agreement for up to an additional Term, upon the same terms and conditions, with the exception of Rent, which shall negotiated between the parties for the additional Term. 3 4887-1307-7608\3 8. Events of Termination. Except as otherwise provided herein, this Agreement may be terminated by either party upon written notice to the other party as follows: A. By either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provision hereof); or B. By Lessee for cause if the Leased Premises are or become unnecessary due to circumstances surrounding Lessee’s business use on Lessee’s Property so that the parking lot is no longer needed; or C. By City upon six (6) months’ written notice if the Council decides, for any reason, to redevelop the City Property in a manner inconsistent with continued use of the Leased Premises; provided, however, as a condition of termination, the City shall reimburse Lessee the unamortized portion of the out-of-pocket costs incurred by Lessee to complete the Parking Lot Improvements described in Section 3 of this Agreement (such costs shall be amortized on a straight-line basis over the Initial Term, and the unamortized portion thereof shall be based on the unexpired portion of the Initial Term). 9. Failure to Perform. If Lessee shall fail to perform any duty or obligation imposed upon it under this Agreement, and, except as provided in Section 4. B, if such failure shall continue uncured for a period of ten (10) days following written notice thereof to Lessee from the City, then the City may, in itsdiscretion, take such action as it may elect to perform such duty or obligation, in which event all amounts expended by the City in that connection shall be due and payable to the City from Lessee upon demand. 10. Assignment. A. This Agreement may be assigned by the Lessee without the consent of the City if the assignment is made by the Lessee as part of a sale or transfer of Lessee’s Property and the transferee uses the Leased Premises in substantially the same manner as the Lessee and is subject to the conditions of use set forth in this Agreement. Lessee shall provide the City with 30 days’ advanced written notice of such assignment. B. In all other circumstances, this Agreement shall not be assignable without the written consent of the other party. 11. Notices. All notices provided herein shall be effective when personally served or upon mailing, postage prepaid, certified mail, return receipt requested or overnight courier to the following addresses or to such other address as either party may designate: 4 4887-1307-7608\3 To the City:City of Stillwater Attn: City Administrator 216 North Fourth Street Stillwater, MN 55082 To the Lessee:Manitou Fund STLW, LLC Attn: Oliver Din 4801 Highway 61, Suite 310 White Bear Lake, MN 55110 12. Memorandum. The City and Lessee shall execute and Lessee shall record in the real property records for the City Property and the Lessee’s Property at Lessee’s cost a recordable memorandum of this Agreement in the form attached hereto as Exhibit E. 13. Hazardous Materials. The City has no actual knowledge that any chemical or item that is a risk to public safety or the environment (“Hazardous Materials”) is located on the City Property. In the event Lessee discovers Hazardous Materials on the City Property after the Effective Date, which neither Lessee nor Lessee Parties were responsible for bringing to the City Property, Lessee shall promptly notify the City of such discovery and the City shall at its cost promptly remediate and otherwise address such Hazardous Materials in compliance with applicable law; provided, however, that ifLesseeor Lessee Parties caused the Hazardous Materials to be brought to the City Property, Lessee shall be responsible for remediation in compliance with applicable law at its cost. The City will assume full responsibility and hold harmless Lessee from any and all claims resulting from the presence or release of Hazardous Materials on or from the City Property except to the extent Lessee or the Lessee Parties caused Hazardous Materials to be brought to the City Property. 14. Surrender. Subject to the terms of this Agreement, on termination of this Agreement, the Lessee shall peaceably and quietly surrender the Leased Premises, and shall remove any fixtures and personal property, if any, from the Leased Premises. Personal property owned by Lessee and not so removed shall be deemed abandoned by and shall become the property of theCity. 15. Payment Obligations. Lessee shall pay and discharge, before delinquency, all costs and expenses associated with any activities required of it under this Agreement. 16. Remedies Upon Breach. In the event of any breach by either party or its assigns hereunder, either party or its assigns shall have all remedies available at law or equity, including the right to damages. 17. Authority; Quiet Enjoyment. Each party represents and warrants to the other party that this Agreement does not require the joinder or approval of any other person and each of the parties respectfully has the full, unrestricted and exclusive legal right and power to enter into this Agreement upon the provisions herein recited and for the use and purposes hereinabove set forth. The City warrants that, provided Lessee has not defaulted under the terms of this Lease Agreement, 5 4887-1307-7608\3 Lessee shall have the peaceful possession and quiet enjoyment of the Leased Premises during the Initial Term. 18. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota, County of Washington. Any legal action shall be venued in Washington County District Court. 19. Entire Agreement. This Agreement contains the entire agreement and understanding between the parties hereto as to the subject matter addressed herein, and supersedes all prior agreements and understandings, whether written or oral, between the parties hereto with regard to such subject matter. 20. Counterparts. This Agreement may be executed in any number of original counterparts, all of which evidence only one agreement, binding on all parties, even though all parties are not signatory to the same counterpart. [Remainder of this page intentionally left blank] 6 4887-1307-7608\3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER, a Minnesota municipal corporation By: Ted Kozlowski Mayor By: Beth Wolf City Clerk 7 4887-1307-7608\3 LESSEE: MANITOU FUND STLW, LLC, a Minnesota limited liability company By: Name: Oliver Din Its: President A-1 4887-1307-7608\3 EXHIBIT A LEGAL DESCRIPTION OF CITY PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: PARCEL 3 DESCRIPTION: All that part of Tract 2 as described on Certificate of Title Number #65, and delineated upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main street and the northerly line of Laurel Street, as shown on the plat of the original Town, now City of Stillwater, as amended by Myron Shepard’s Perfected Plat of the City of Stillwater dated May 21, 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 8l degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet to a point hereinafter referred to as “Point A”; thence northeasterly 209.25 feet along a non-tangential curve concave to the northwest, having a radius of 284.57 feet, a central angle of 42 degrees 07 minutes 50 seconds, the chord of said curve bears North 32 degrees 29 minutes 03 seconds East, to a point hereinafter referred to as “Point B”; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title 65 and the point of beginning of the parcel being described; thence South 11 degrees 25 minutes 08 seconds West 35.93 feet, more or less, to the before described “Point B”; thence southwesterly along the before described 284.57 foot radius curve, 209.25 feet to the before described “Point A”; thence North 07 degrees 24 minutes 09 seconds East, not tangent to said curve, 130.50 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to said easterly line of Tract 2; thence southerly 395.12 feet along said easterly line on a non- tangential curve concave to the west, having a radius of 2801.27 feet, a central angle 08 degrees 04 minutes 54 seconds, the chord of said curve bears South 00 degrees 53 minutes 01 seconds West; thence South 04 degrees 55 minutes 28 seconds West, along tangent and along said easterly line 171.30 feet, more or less, to the point of beginning. Torrens Property PID: 28.030.20.11.0034 Certificate of Title No. 43639 B-1 4887-1307-7608\3 EXHIBIT B LEGAL DESCRIPTION OF LESSEE’S PROPERTY Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: Parcel 1: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the “ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD’S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21 , 1878”; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East along a line hereinafter referred to as “Line A” 18 feet to the point of beginning of the parcel being described ; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence northeasterly 209.25 feet along a non-tangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes 28 seconds West along said easterly line 635.47 feet; thence southerly 18.56 feet along said easterly line on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees 22 minutes 12 seconds, to said northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said northerly line 26.15 feet, more or less, to a point 124.00 feet easterly, as measured along said northerly line from said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds West along said easterly line of Tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said centerline 84.25 feet, more or less, to the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles, of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before described “Line A”; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to the point of beginning. Torrens Property, Certificate of Title No. 76312 Parcel 2: That part of Tract A described below: TRACT A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the B-2 4887-1307-7608\3 Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard’s Perfected Plat of the City of Stillwater, dated May 21 , 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet to the point of beginning of the parcel being described ; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 577.57 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 feet and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence northerly along said easterly line of Tract 2 to the most northerly corner thereof; thence southerly along the westerly line of said Tract 2 to the point of beginning; which lies westerly of a line run parallel with and distant 18 feet easterly of the westerly line of Tract A herein before described, and southerly of a line run parallel with and distant 447.07 feet northerly of the southerly line of said Tract A. Torrens Property, Certificate of Title No. 80190 4887-1307-7608\3 EXHIBIT C DEPICTION OF LEASED PREMISES 4887-1307-7608\3 EXHIBIT D PARKING LOT IMPROVEMENTS 4887-1307-7608\3 EXHIBIT E MEMORANDUM OF AGREEMENT MEMORANDUM OF PARKING LEASE AGREEMENT THIS MEMORANDUM OF PARKING LEASE AGREEMENT (this “Memorandum”), is dated , 2023 (the “Effective Date”), by and between MANITOU FUND STLW, LLC, a Minnesota limited liability company (“Lessee”), and THE CITY OF STILLWATER, a municipal corporation of the State of Minnesota (“City”). RECITALS: A. City is the owner of land located in the City of Stillwater, County of Washington, State of Minnesota, as legally described on Exhibit A attached hereto (the “City Property”). B. Lessee is the owner of land located in the City of Stillwater, County of Washington, State of Minnesota, as legally described on Exhibit B attached hereto (the “Lessee’s Property”). C. City and Lessee entered into that certain Parking Lease Agreement (the “Agreement”) dated as of the Effective Date whereby Lessee leases from City a portion of the City Property (the “Leased Premises”). C. Unless otherwise expressly provided herein, all defined terms used in this Memorandum shall have the same meanings as are ascribed to such terms in the Agreement. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Initial Term. The Initial Term shall commence upon the Effective Date. The Initial Term is for fifteen (15) years, subject to extension or earlier termination as described in the Agreement. Upon termination of the Agreement, City and Lessee shall execute a recordable termination thereof. 2. Incorporation of Other Terms. The Agreement contains other terms not herein set forth but which are incorporated by reference herein for all purposes, and this Memorandum is executed for the purpose of placing parties dealing with the City Property on notice of the 4887-1307-7608\3 existence of the Agreement and, where appropriate, its contents, and shall ratify and confirm all other terms of the Agreement as fully as if the same had been set forth herein. 3. Agreement to Control. This Memorandum is intended for recording purposes only, and does not modify, supersede, diminish, add to or change all or any of the terms of the Agreement in any respect. To the extent that the terms hereof are inconsistent with the terms of the Agreement, the terms of the Agreement shall control. 4. Counterparts. This Memorandum may be executed in one or more counterparts, each of which shall be deemed an original. [Remainder of Page Intentionally Left Blank.] 4887-1307-7608\3 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be executed as of the day and year first above written. CITY: CITY OF STILLWATER, a Minnesota municipal corporation By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _______________, 2023, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. _______________________________________ Notary Public 4887-1307-7608\3 LESSEE: MANITOU FUND STLW, LLC, a Minnesota limited liability company By: Printed Name: Oliver Din Its: President STATE OF MINNESOTA ) )ss. COUNTY OF _____________ ) On this _____ day of _______ 2023, before me personally appeared Oliver Din, the President of Manitou Fund STLW, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS DOCUMENT WAS DRAFTED BY AND WHEN RECORDED RETURN TO: Dorsey & Whitney LLP (SMZ) 50 South Sixth Street Suite 1500 Minneapolis, MN 55402-1498 (612) 492-6576 4887-1307-7608\3 EXHIBIT A Legal Description of City Property Real property situated in Washington County, Minnesota, legally described as follows: PARCEL 3 DESCRIPTION: All that part of Tract 2 as described on Certificate of Title Number #65, and delineated upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main street and the northerly line of Laurel Street, as shown on the plat of the original Town, now City of Stillwater, as amended by Myron Shepard’s Perfected Plat of the City of Stillwater dated May 21, 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 8l degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet to a point hereinafter referred to as “Point A”; thence northeasterly 209.25 feet along a non-tangential curve concave to the northwest, having a radius of 284.57 feet, a central angle of 42 degrees 07 minutes 50 seconds, the chord of said curve bears North 32 degrees 29 minutes 03 seconds East, to a point hereinafter referred to as “Point B”; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title 65 and the point of beginning of the parcel being described; thence South 11 degrees 25 minutes 08 seconds West 35.93 feet, more or less, to the before described “Point B”; thence southwesterly along the before described 284.57 foot radius curve, 209.25 feet to the before described “Point A”; thence North 07 degrees 24 minutes 09 seconds East, not tangent to said curve, 130.50 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to said easterly line of Tract 2; thence southerly 395.12 feet along said easterly line on a non- tangential curve concave to the west, having a radius of 2801.27 feet, a central angle 08 degrees 04 minutes 54 seconds, the chord of said curve bears South 00 degrees 53 minutes 01 seconds West; thence South 04 degrees 55 minutes 28 seconds West, along tangent and along said easterly line 171.30 feet, more or less, to the point of beginning. Torrens Property PID: 28.030.20.11.0034 Certificate of Title No. 43639 4887-1307-7608\3 EXHIBIT B Legal Description of Lessee’s Property Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: Parcel 1: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the “ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD’S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21 , 1878”; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East along a line hereinafter referred to as “Line A” 18 feet to the point of beginning of the parcel being described ; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence northeasterly 209.25 feet along a non-tangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes 28 seconds West along said easterly line 635.47 feet; thence southerly 18.56 feet along said easterly line on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees 22 minutes 12 seconds, to said northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said northerly line 26.15 feet, more or less, to a point 124.00 feet easterly, as measured along said northerly line from said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds West along said easterly line of Tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said centerline 84.25 feet, more or less, to the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles, of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before described “Line A”; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to the point of beginning. Torrens Property, Certificate of Title No. 76312 Parcel 2: That part of Tract A described below: TRACT A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated 4887-1307-7608\3 upon the map marked “Exhibit B” attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard’s Perfected Plat of the City of Stillwater, dated May 21 , 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet to the point of beginning of the parcel being described ; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 577.57 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 feet and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence northerly along saideasterly line of Tract 2 to the most northerly corner thereof; thence southerly along the westerly line of said Tract 2 to the point of beginning; which lies westerly of a line run parallel with and distant 18 feet easterly of the westerly line of Tract A herein before described, and southerly of a line run parallel with and distant 447.07 feet northerly of the southerly line of said Tract A. Torrens Property, Certificate of Title No. 80190 DATE: July 5th, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: 2023 Strategic Plan Overview: Attached is a draft of the 2023 Strategic Plan. The summary of the plan is below: 1) Implement Communications Strategy for Public 2) Team Building 3) Develop / Maintain Key Partnerships 4) Staffing / Recruiting / Retention / Succession Planning 5) Community Development Customer Experience 6) Capital Project Planning and Execution 7) Alternative Revenue Enhancement 8) Downtown Parking 9) Employee Training 10) Event Metrics 11) Enterprise Resource Planning Software Implementation 12) Economic Development – define tools and application 13) Develop Riverfront Parks 14) Continue Recreation Center Enhancements Recommendation Review and discuss. CITY OF STILLWATER Strategic Plan Report PREPARED BY: DRAFT: JUNE 2023 Process | 1CITY OF STILLWATER STRATEGIC PLAN Process PARTICIPANTS INCLUDED: Mayor Ted Kozlowski, Council Member Ryan Collins, Council Member David Junker, Council Member Larry Odebrecht, Council Member Michael Polehna, City Administrator Joe Kohlmann, Community Development Director Tim Gladhill, Fire Chief Stuart Glaser, Chief of Police Brian Mueller, Finance Director Sharon Provos, HR Manager Donna Robole, Public Works Director Shawn Sanders, and City Clerk Beth Wolf CONSULTANTS: Bart Fischer, WSB; Hans Thomsen, WSB This strategic plan summarizes the discussions from the individual meetings and facilitated session. It is intended to be a working document that is fluid as it drives and elicits continued discussion on the priorities, strategies, projects, and action steps for Stillwater. The City of Stillwater undertook their annual strategic planning process in May of 2023. The process included individual meetings between the Mayor, City Council, Department Heads and consultant as well as a one day facilitated session on Thursday, May 18th. The session included: -A team building exercise -Mayor, Council, and Department Head discussions on successes from last year and focuses for the coming year -Discussion on the themes of team building/relationships, Stillwater’s identity and culture, staffing (retention, recruitment, succession planning), project initiation and prioritization, community & economic development definition and future strategy, and enhancement of communication -Discussion and review of last year’s strategic priority list -Discussion on priorities for the coming year Baseline | 2CITY OF STILLWATER STRATEGIC PLAN Baseline DISCUSSION NOTES STATUS COMMUNICATIONS/RELATIONSHIP BUILDING Communication Strategy No consultant was hired for formulating a strategy for communications to the public. -Peachii Marketing was hired to manage social media approach with better coordination from management team; better planning on messaging; and more professional posts. -A comprehensive info gathering and assessment of communications currently utilized will need to be conducted. Communication Position A position description was drafted through HR -This can be considered as part of the 2024 Budget discussion Citizens Budget Annual Report will need to be completed for data -Once Annual Report is complete, it can be paired with budget numbers. -This would also tie in with the City’s communicating with the public strategy. Team Building Staff has been in contact with a local facilitator. -If desirable, this can be reaffirmed at Strategic Planning 2023. Develop/Maintain Key Partnerships Ongoing -Downtown Steering -Chamber Meetings -CVB Meetings -Sustainable Stillwater An important part of the discussion at the May 18th session regarding how to move Stillwater into the future was an evaluation and update on the 2022 list of priorities and strategies. The update below reflects the groups discussion and updated list. PHOTO: GREG SHULZ Baseline | 3CITY OF STILLWATER STRATEGIC PLAN OPERATIONS Parking City Approvals Obtained -On schedule for implementation 2023 Alternative Revenues Ongoing -Sales Tax – Hearing Complete -State Bonding – Hearing Complete -Explore Special Service District – ongoing discussions with Downtown business. -Credit Card fees analyzed and will be in 2024 Budget Discussion -Liquor License Fees analyzed and will be in 2024 Budget Discussion Employee Training Ongoing -Maintained quality training options for staff Create/Enhance CIP Complete -Presented on 4/18 Organizational Staffing Staff has been working on position descriptions for Communications and PW Manager. -Removed from Strategic Plan. Long Range Financial Plan Ongoing -Presented on 4/18 Event Metrics Ongoing -Staff has gathered some data on events. Space Needs/ Condition Rating Complete -Presented on 2/7 COMMUNITY Economic Development Authority Ongoing -Business visits and surveys Rental Housing Ordinance Ongoing -Preliminary team meetings to discuss creation and timeline for this. Likely ready for consideration in the Fall Park Staff Position Ongoing -Potential Position Description drafted for 2024 Budget consideration 2023 Facilitated Session Discussions | 4CITY OF STILLWATER STRATEGIC PLAN 2023 Facilitated Session Discussions Teambuilding/Relationships A large focus of the discussion at the facilitated session revolved around maintaining and enhancing the current relationships between the City Council, Department Head and Staff team. When asked the question of what makes them happy working for Stillwater, a large majority of the participants acknowledged the team, the people, and the collaborative culture of the organization. RECOMMENDATIONS: -Meet as a City Council and Department Head Leadership Team and in a less-formal setting multiple times per year. -Meet as the Department Head Team in a less-formal setting multiple times per year. -Host employee/organization-wide social engagement events. Stillwater Identity & Culture Stillwater is the 2nd most recognized city in the state of Minnesota and is thriving because of that recognition. This is great; however, with this comes challenges. As the identity of Stillwater shifts toward being a tourist/visitor destination, discussion will need to continue on how the City responds in balancing the needs of visitors with the needs of residents. RECOMMENDATIONS: -As the team meets regularly throughout the year, continue to discuss the benefits and challenges of the Stillwater identity and culture. -Keep a focus on the entire community of Stillwater. -Continue to gather event metrics to understand the costs and resource needs associated with being the 2nd most recognized city in MN. Understanding that these resource needs cannot be based on population but rather on true need. 2023 Facilitated Session Discussions | 5CITY OF STILLWATER STRATEGIC PLAN Staffing - Retention, Recruitment, Succession Planning Another focus area of this year’s discussion revolved around City employees and staffing. Specific points of emphasis included: retention, recruitment and succession planning. As the identity of Stillwater changes, it will be important to highlight the benefits of working in the positive culture and team Stillwater has built. RECOMMENDATIONS: -Recognize the broader impact that new initiatives have on all departments. -Recruitment/Retention -Provide employee testimonials on the website, social media, and as part of the overall communications process. -Bring prospective employees on site to interact with existing team members in order to better understand the positive culture and teamwork. -Continue to evaluate and provide a flexible work environment and policy where appropriate. -Continue to make a conscience effort and enhance employee recognition opportunities. -Continue to provide effective staff training and professional development opportunities. -Succession Planning -Cultivate an atmosphere where department heads are developing and preparing people within the departments. A “Who’s up next?” mentality. -Being aware of the “up and comers” that are currently not in the Stillwater organization. Cultivating relationships to recruit the best in their fields of expertise to Stillwater. -Planning and budgeting for overlap between new hires and retiring staff. Project Initiation and Prioritization The team discussed how to communicate and incorporate existing priorities and provide direction regarding those items that unexpectedly arise. The focus of clear communication, meeting regularly as a team, and continuing to build trusting relationships remains key. RECOMMENDATIONS: -The CIP and 10 Year Financial Plan are in place, creating better alignment with projects and funding. Continue to use this as the priority list. -Work ahead on Capital Projects to do preliminary work the year before and solicit bids in late fall / early winter. -Meet more regularly as a team throughout the year to have candid conversations. -Utilize the “Off Week Memo” to communicate an analysis of priorities, needs, wants, and resources. -Maintain an awareness and distinction between building and crafting something new and the maintenance of existing infrastructure. 2023 Facilitated Session Discussions | 6CITY OF STILLWATER STRATEGIC PLAN Community & Economic Development Definition and Future Strategy There was a desire to, and conversation was had around defining better what community and economic development means for the City of Stillwater. RECOMMENDATIONS: -Create and maintain a toolbox of options that allow Stillwater to be flexible to seize opportunities that present themselves. -Continue to enhance a better customer experience for those doing business with Stillwater. -Conduct an education and strategy session for the EDA. -Consider a position within community development or the EDA that focusses on grant resources. Communication Enhancement As was discussed in the 2022 Stillwater Strategic Planning process and is referenced in the update above, the team continues to desire an enhanced communication effort and strategy from the city. RECOMMENDATIONS: -Continue to pursue a communication specific hire for the city. -Continue to pursue a communication strategy for the city. -Consider how best to document what is being sent out by the city. -Put in place a firm or representative that is on call for a crisis communication situation. -Implement Communications Strategy in 2024 PHOTO: GREG SHULZ Unfacilitated Discussion Items | 7CITY OF STILLWATER STRATEGIC PLAN Unfacilitated Discussion Items Alternative Revenue Enhancement The team should continue to pursue alternative revenues going forward. This initiative gained traction in 2022 and should continue going forward. RECOMMENDATIONS: -Continue to pursue State Bonding initiatives -Continue to examine impact of Local Option Sales Tax -Continue to review revenue line items for annual adjustments Downtown Parking This initiative was implemented in 2023. Initial implementation acknowledged adaptability of the system and potential future assessment for enhancements. RECOMMENDATIONS: -Continue to monitor parking behaviors and make appropriate adjustments -Review and assess appropriate user experience and signage -•Ensure that parking enterprise fund is sufficient for infrastructure PHOTO: GREG SHULZ Unfacilitated Discussion Items | 8CITY OF STILLWATER STRATEGIC PLAN Enterprise Resource Planning Software (ERP) The City reviewed and purchased ERP software in 2023. Staff will begin to implement the software in late 2023 and into 2024. Develop Riverfront Parks The City received $6 million for riverfront park improvements at Lumberjack Landing, Bridgeview Park, and the Lowell Park Gazebo. In addition, the City was approved for the Local Option Sales Tax for the initiative. Staff will need to outline a plan and timing for implementation of the park improvements. RECOMMENDATIONS: -Refine estimated costs for planning -Engage in consulting firm to manage or coordinate project -Determine timing of funding options and logistics associated -Provide a timeline of events on implementing the park improvements Continue Recreation Center Enhancements St. Croix Valley Recreation Center has recently conducted an internal study on operations. In addition, the City has engaged Baker Tilly to ensure capital purchasing is aligned with revenues. RECOMMENDATIONS: -Continue to engage Baker Tilly for a final report on capital upgrades -Implement operational enhancement report -Continue to work with local expansion team for potential expansion PHOTO: GREG SHULZ 2023 To Do’s | 9CITY OF STILLWATER STRATEGIC PLAN 2023 To Do’s PRIORITY/STRATEGY/PROJECT TARGET LEAD COMMUNICATIONS/RELATIONSHIP BUILDING Implement Communications Strategy for Public Spring of 2024 -Joe Kohlmann; Beth Wolf; Department Heads Team Building Ongoing -Department Heads Develop/Maintain Key Partnerships Ongoing -Council; Department Heads; Staff Staffing /Recruitment / Retention / Succession Planning 2024 -Donna Robole OPERATIONS Community Development Customer Experience 2024 -Tim Gladhill Capital Project Planning and Execution Immediately -Joe Kohlmann, Shawn Sanders; Department Heads Alternative Revenue Enhancement Ongoing -Joe Kohlmann; Sharon Provos Downtown Parking Ongoing -Tim Gladhill Employee Training Ongoing -Department Heads, Donna Robole Event Metrics Ongoing -Chief Mueller, Chief Glaser, Shawn Sanders Enterprise Resource Planning Software Implementation 2024 -Sharon Provos; Department Heads COMMUNITY Economic Development – Define Tools and Application 2024 -Tim Gladhill Develop Riverfront Parks 2024-2025 -Shawn Sanders Continue Recreation Center Enhancements 2024 -Doug Brady DATE: July 5th, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Veterans Memorial Overview: The City was approached by the Chair of the Stillwater Veteran’s Memorial. They want to transfer snowplowing maintenance back to the City on the Riverview Parking Lot. Cub agrees and would like snowplowing to be conducted by the City. Public Works Director Sanders has indicated that the City could take this on, however shoveling of the sidewalks may be an issue. Current Arrangement: Cub pays City of Stillwater $19,320 Annually City of Stillwater pays Veteran’s Memorial $17,388 for maintenance and upkeep Proposed Arrangement from Veteran’s Memorial: Cub pays Stillwater $19,320 Annually Stillwater pays Veteran’s Memorial $11,500 for maintenance May – November City takes on snow removal Options: 1) Accept proposal and modify agreement accordingly 2) Redraft agreement as this particular lease is identified for revisiting on the city’s lease list. Attachments: 1995 Council Packet items for maintenance agreement Assignment Agreement for Veteran’s Memorial Recommendation Review and discuss. Current assignment was renewed in 2019 and supposed to run through 2024. MEMORANDUM TO: Mayor and City Council FROM: Steve Russell, Community Development Director~.,, SUBJECT: Final CUB/City Riverview Parking Lot Maintain Agreement DATE: March 3, 1995 Background In November the Council considered the concept of CUB maintaining the Riverview parking lot in lieu of paying parking permit fees for use of the lot. Documentation was presented showing that the cost of maintenance was roughly equal to the parking fees that would be collected if the Riverview lot was a public permit parking lot similar to other downtown public permit parking lots. Downtown Parking Commission The maintenance concept was referred to the Downtown Parking Commission for comment The DTPC oversees downtown parking regulations and enforcement. The Commission felt the maintenance arrangement would be an equitable arrangement, and further that besides saving the City staff time for maintenance, enforcement officer and administrative time and costs would be saved. The DTPC recommended the concept to the City Council in December. Parking Pennit Fee Increase Subsequent to the City agreeing to the CUB parking maintenance concept, the DTPC, after reviewing the costs and revisions of the downtown parking program, recommended that the parking permit fee be raised from $5 to $10. This item appears as a separate item on the Council agenda. If the parking permit fee is raised, it will effect the balance of maintenance costs and parking permit fee calculated in the original CUB/City parking maintenance arrangement. Maintenance Agreement In order to accommodate this change and other changes in maintenance costs or parking fees, it is recommended that the Parking Lot Maintenance Agreement have a provision in it that requires an audit at the end .of each year comparing costs and revenues and that based on that audit, rates be set for the coming year. (If the parking rate is increased from $5 to $10, CUB would be responsible for paying the difference). This approach will ensure that the Riverview lot is treated similar to other public downtown parking lots. CUB Review of Agreement Based on the attached agreement, the provision regarding indemnity (d) is not acceptable to CUB and if that provision is required, they are not interested in the maintenance agreement. Recommendation Approval of contract with the added provision that at the end of each calendar year an audit of costs of maintenance is provided for in the maintenance agreement be submitted to the City by CUB and the difference between cost-, and estimated parking fee be the basis for the parking maintenance/fee rate for the following year. Attachments: Parking Lot Maintenance Agreement • • MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 • TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON MATTHEW A. STAEHLING Tom Thuesen Cub Foods 421 S. 3rd St. Stillwater, MN 55082 Re: Parking Lot Maintenance Agreement Dear Tom: March l, 1995 LEGAL ASSISTANTS: MELODIE ARVOLD REBECCA ERICKSON Enclosed is a final draft of the Parking Lot Maintenance Agreement that I have changed after my recent talk with Steve Russell. It is my understanding that Steve me with you and obtained your input before making these suggestions. He did talk about your desire to strike the indemnity portion of the Agreement. I have changed the language somewhat. It will be necessary for us to have this paragraph, however, since the League of Minnesota Cities Insurance Trust requires the language in any operating agreement that we make. Further, we should have no liability based upon negligent maintenance if we are not doing the maintenance. I hope this will not be a problem for you. Hopefully we can finalize this at next Tuesday's · meeting. DTM:rbe cc: Steve Russell Nile Kriesel Yours very truly, David T. Magnuson PARKING LOT MAINTENANCE AGREEMENT ;,.-:·c«,',·'"'I···, "-, ,., ' The parties to this Agreement are the City of Stillwater, Washington County, Minnesota, a Home Rule City of the Third Class ("City") and Supervalu, Inc., a Delaware corporation (address) ("Cub"). INTRODUCTION Cub has constructed an office building containing 63,254 feet of floor area on the east side of Third Street adjacent to the City Riverview Parking Lot. Although 210 parking spaces are required under City ordinances for a use of this type, only 52 on-site parking spaces are provided by Cub on the east side of Third Street. The Riverview Parking Lot directly across Third Street from the Cub office building (the "parking lot") has been included in the City's Downtown Parking Lot Program and as with all public parking lots in the Downtown program, parking is limited to public parkers that have previously obtained a parking use permit from the City at the rate of $5 per month or $60 per parker per year. THE PROBLEM Cub is not satisfied with the level of maintenance at the parking lot that is provided by normal City crews, in terms of landscaping care, sweeping, clean up and snow removal. Further, it is a time consuming problem for Cub to purchase individual monthly permits for each of its employees that use the parking lot. The administration of permits at the lot is also a burden on City staff. Also, to maintain the parking lot at a level of maintenance desired by Cub and that would be attractive to the neighborhood would be too expensive for the City. THE RESOLUflON This Parking Lot Maintenance Agreement will allow Cub at their own expense to enter upon the parking lot and to maintain the parking lot at a level that is satisfactory to them at a cost that approximates the purchase price of parking lot permits. This will allow a high level of maintenance of the parking area that will ultimately benefit the public but be at no cost to the public, thereby relieving the City crews of the burden of maintaining the lot and, at the same time allow Cub to reduce their administrative burdens by not requiring the purchase of parking permits for this lot. The maintenance of the parking lot, in lieu of the parking lot fees, is hereby agreed to be on the following conditions: (a) The maintenance to be performed by Cub at their sole obligation and cost; will consist of snow plowing; snow shoveling of sidewalks; sanding, if necessary; shrub and tree . 'trimming; fertilization; weed control; fall and spring clean up; grass mowing and trimming; edging, blowing and sweeping; payment of electrical and utility costs associated with the parking lot lights; and the maintenance of the parking lot surface including the painting and striping of the lot, as needed, as well as periodic seal coating. (b) The level and degree of this maintenance shall be as set forth in the specifications attached to this Memorandum as Pages 1, 2 and 3. [._ ; 1 I • (c) City Responsibility The City will have no responsibility for the maintenance of this parking lot, except during periods of excess snowfall when City crews will haul away snow from the parking lot on the same basis as for other public parking lots in the Downtown area. (d) Indemnity (e) (t) Cub hereby indemnifies, defends and saves the City, its employees, agents, insurers, assigns and affiliated boards and commissions harmless from and against all claims, actions, costs or damages of every kind and description, including fees, judgments, expenses, liabilities, liens and attorney's fees, which accrue to or are suffered by any person or property resulting from the use or the maintenance of the parking lot. Public Use This Agreement shall not create any extraordinary rights in Cub or its employees to use the parking lot on any other basis than a first come, first served basis, nor does this Agreement limit the availability of public parking in the parking lot. Further Construction This agreement shall in no way limit the right of the City to construct housing or other structures on any level above the surface level of the parking area or the Riverview Lot. (g) Term This Agreement may be cancelled by either party upon the giving of one-year's written notice to the other. This Agreement does not effect the availability of public parking in the Riverview Lot. EFFECTIVE DATE This Agreement shall be effective this ____ day of ________ , 1995. CITY OF STILLWATER Jay B. Kimble, Mayor Morli Weldon, City Clerk SUPERVALU, INC. BY~--------~-~~~~~- -2- OCT 28 '94 12:11 FROM CUB COR~ HUMlN IV .;:, ... ,_,,J._, ... ..,._. . ··--. -.-. SPRING CLEANUP MCNAMAR.A'S OUTDOOR SERVICES GROUND MAINTENANCE DETAIL Spring cleanup will be completed by May 15 or as soon as weather and ground conditions permit. + Complete grounds cleanup of ruri and shrub areas, as needed + Hand rake and/or blow around buildings and obstacles as required •· Hand rake and/or blow to remove leaves and debris from shrub beds, tree wells, etc. + Remove all foreign materials, paper, cans, etc. from wild areas + All debris, leaves and grass to be removed from the complex. MOWrNG Mowing of turf area to be completed on a· weekly schedule (considering weather conditions) to maintain a well-groomed appearance. Mowing day to be adhered to and will .include the following activities. • Cutting height of 2.5 to 4 inches to be adjusted according to ground moisture + Care will be taken to deflect grass away from buildings, air conditioners, pools, etc. + Areas subject to scalping will be mowed with small machines + Removal and disposal of small branches from grounds Collection and removal of grass is not included in this agreement. TRIMMING Trimming around building. fences, trees, shrubs and other obstructions will be completed on a weekly basis to. maintain a well-groomed appearance. All trimming will be completed the same day as the mowing. EDGING, BLOWING, S\llEEPING + Walks, patios. drives and hard surface areas to be power blown or swept after mowing as required to remove clippings + Walles and curbs to be edged (slice method) twice per growing season (approximately June 30 and August 15) ,, .. . ' . OCT i8 '~4 12: 12 FROM CUB CORP ADMIN TO 94390456 PAGE.005/006 SHRlJB ANJ;) TREE TRIMMING + Trimming of trees of a height l_ess than 12: feet to be completed once annually to eliminate dead wood, suckering and reduce hazard . + Trees over and/or near walk areas to be monitored and trimmed to provide adequate clearance + Shrubs and bushes to be trimmed annually to maintain a well-groomed appearance • Shrubs and bushes to be inspected for insects, fimgus and general health; contractor will advise as to appropriate conditions Topping and major trimming and removal of trees not included in this agreement. FERTILIZATION Fertilizer will be of dry granular type applied dry with a cyclone style spreader and will include 100 percent of the turf area. (Fertilizer analysis may vary depending on turf needs.) + One fertilizer application to be applied in spring; 28-3-10, with iron and minerals, 1 lbJlOOO sq. ft. + One fertilizer application to be applied mid summer; 28-3-10, 1 lbll 000 sq. ft. + One fertilizer application to be applied late fall; 28-3-10, l lb./1000 sq. ft. + Fertilizer program will be tailored to your lawn's particular needs. WEED CONTROL . . LaVY11 herbicides will be applied in liquid form with a water form sprayer and will include 100 percent of the turf area. + Crabgrass control to include a pre-emergent applied before ground temperature reaches 55 degrees and before May 15, weather permitting + Broad.leaf weed control applied once before June 15 • Broad.leaf weed control applied once before September 15 + Manual or chemical weed control in common shrub beds, rock areas and asphalt areas FALL CLEANUP Fall cleanup will be completed at the end of the mowing season, prior to the first snowfall, weather conditions pennitting. • Complete grounds cleanup of turf and shrub areas + Hand rake and/or blow leaves and debris from around buildings and obstacles as required + Hand rake and/or blow to remove leaves and debris from shrub beds, tree wells and common areas + Last mowing in fall to be cut at 2.5 inches • L.::aves to be collected by vacuum mowing or power sweeping . . .. OCT ze., '94 12: 12 FROM CUB CORP ADM IN TO 94890456 PAGE.006/006 SEASONAL SNOW MAINTENANCE SERVICES SNOW PLOWING All snow fall amounts are based on contracted property and will include the· following activities. • An "open-up" plowing of drives and parking areas during continuing snowfalls exceeding two inches is to be completed prior to 7:00 a.m. and 5:00 p.m. + A thorough "cleanup" of drives and parking areas is to be completed within 12 hours after the ·: cessation of snowfalls of eight inches or less. For snow falls of eight to 12 inches, the cleanup of drives and. parking areas is to be completed within 18 hours, in heavy snow conditions, reasonabl~ extensions will be granted. • A "clean up 11 will be completed when snowfalls are less than two inches but because of strong winds drifting occurred. • A "touch up" of streets, drives and parking areas is to be completed routinely during periods of no snowfall. • Mailbox areas will be kept clear of snow buildup to allow regular mail delivery. + During seasons of excessive snowfalls when removal or pushback is necessary, services will be provided for an on-call basis and is not pan of the contract fees. • Any damages caused by snow removal equipment are the full responsibility of McNamara's Outdoor Services. Nonna! wear from piled snow is not considered damage. SNOW SHOVELING (OPTIONAL) + Shoveling of sidewalks is to be completed within 12 hours after the cessation of snowfalls exceeding two inches or 18 hours after the cessation of snowfalls over eight inches. In cases of heavy snow conditions: reasonable extensions will be granted. ·• Fire hydrants and mailbox areas will be cleared for easy access. + During blizzard conditions or any time winds exceed 15 mph and/or temperatures are belo,v -15 degrees, the time for shoveling services will be extended. SANDING (OPTIONAL} • Sanding of the main entry areas, drives and parking areas are to be completed as required to maintain the· areas in a safe winter condition. • Sand barrels or siock pile of sand to be requested by the property supervisor and materials will be billed as used. ,,1,,,,1•"'""~_., . ..,.,,,__,, __ ''··-·-----·-------- ~· ' RESOLUTION NO. 95- APPROVING AGREEMENT BETWEEN CUB FOODS AND THE CITY OF STILL WATER FOR MAINTENANCE AND USE OF RIVERVIEW PARKING LOT NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Agreement for maintenance and use of the Riverview Parking Lot between Cub Foods and the City of Stillwater, attached hereto as Exhibit A, is hereby approved. Adopted by Council this 7th day of March, 1995 Jay L. Kimble, Mayor Attest: Morli Weldon, City Clerk City of Stillwater Was.hington County, Minnesota RESOLUTION 2022-050 City of Stillwater Administration Agreement #2022-0405-032 APPROVING ASSIGNMENT AGREEMENT WITH THE VETERAN'S MEMORIAL COMMITTEE WHEREAS, the City of Stillwater is the owner of Riverview Park ing Lot and is a party to a Master Agreement with Supervalu, Inc. that was made March 7, 1995; and WHEREAS , an Assignment of the Agreement was executed by the City of Stillwater, SuperValu, Inc. and Veteran's Memorial Committee on a trial basis on July 6, 2007, and affirmed on December 31, 2008; and WHEREAS, since the terms of the Agreement and the Assignment do not change as to Supervalu, Inc., the Agreement may be extended without the consent of Supervalu, Inc.; and WHEREAS, the City and the Veteran's Memorial Committee desire to extend the Agreement every three years. NOW THEREFORE BE IT RESOLVED that the Assignment made April 2019, be and the same is hereby extended until December 31, 2024, subject to the consent of the Veteran's Memorial Committee. Adopted by the City of Stillwater this 5th day of April 2022. ASSENT VETERAN 'S MEMORIAL COMMITTEE Steven J Vogl (print name) Its: Vice -Chairman ,; ASSIGNMENT This Assignment is made this oj9 day of ket(llt'X(, 2008 between the CITY OF STILLWATER, MINNESOTA, a Home Rule City of the Third Class ("City"); SUPERVALU, INC., a Delaware Corporation, 421 South Third Street, Stillwater, Minnesota 55082, and CUB, as Assignor, and VETERAN'S MEMORIAL COMMITTEE, P.O. Box 137, Stillwater, Minnesota 55082. ("Veterans" and "Assignee"). INTRODUCTION The City is the owner of Riverview Parking Lot and is also a party to a Parking Lot Maintenance Agreement with Cub that was effective March 7, 1995 and is attached to this Agreement as Exhibit "A" ("Maintenance Agreement"). It is Cub's intention to assign its rights under the Parking Lot Maintenance Agreement to the Veterans, which Assignment the Veterans are willing to accept, and it is the City's intention to consent to that Assignment, subject to the observation of the following conditions: 1. The Assignment will be effective for three years, effective July 1, 2008; 2. That the level of maintenance described in the Agreement and established by Cub during its term under the Maintenance Agreement must be followed by the Veterans; 3. Any snowplowing event, as described in the Maintenance Agreement, must be completed by 6:00 o'clock a.m. when Cub employees begin arriving for work and the surfaces of the parking lot and any cross walks used by Cub employees to reach their office building from the parking lot must be treated in a manner as to provide safe use and passage. 4. The City agrees to maintain the payment schedule established for the period July 1, 2007 through July 1, 2008 until adjusted pursuant to Section (g) on page 2 of the Maintenance Agreement. 5. That Cub agrees to pay to the City for the initial year of this Agreement, the sum of Ten and No/100 Dollars ($10.00) per permit, per month, which will be payable to the City in equal quarterly installments, w ith the first two installments being due on August 1, 2008 and, thereafter, on the 30th of each September and December until fully paid for the first year, and then quarterly for the remainder of the term. 6. Out of sums received by City, ninety percent (90%) of each monthly installment must be remitted to the Veterans within ten (10) days of receipt with ten percent (10%) to be held by the City and reserved for the payment of future seal coating and resurfacing costs for the parking lot. 7. The Veterans agree to devote 100% of the funds received from the City to the duties of maintenance as set forth in the Maintenance Agreement and use the funds received for no other purpose. 8. In all other ways, except as modified by this Assignment, the Maintenance Agreement will remain in full force and effect. \. IN . WITNESS WHEREOF, the parties have set their hands this 3/s:r day of ~~(,2008. 2 SUPERVALU, INC. ~s~--~ Jt WCBHI id>BN'._ 8IIIINIIIIJ.UJV· VETERANS MEMORIAL COMMITTEE QJJ ~ -9:,~ Its cu~~rJ CONSENT Dated: )2-3{ , 2 008 Diane F . Ward, Clerk 3 City of Stillwater, Minnesota Mayor RESOLUTION 2023‐091 Sandra Vetsch WHEREAS, Sandra Vetsch is retiring from her position as Police Patrol Officer – Police Department for the City of Stillwater, effective June 30, 2023. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for her contributions, professionalism, and outstanding performance to the City of Stillwater, Sandra is hereby commended for serving the City for 23 years. The Council extends their appreciation for her dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to Sandra Vetsch. Adopted by the City Council this 5th day of July, 2023. 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES June 20, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land Administrative Assistant Schmid Community Development Director Gladhill Finance Director Provos Assistant Finance Director Norby Police Captain Julien Deputy Fire Chief Ballis Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation – Stillwater Heritage Preservation Commission 50th Birthday HPC Chairman Matt Thueson accepted the proclamation designating June 21, 2023 as Heritage Preservation Commission Day, noting it is the 50th anniversary of the Stillwater HPC. Annual Financial Report Audit Review Chris Knopik, CliftonLarsonAllen, LLP, reviewed the December 31, 2022 audit. OPEN FORUM Rick Heidick, Stillwater Sunrise Rotary Club, invited everyone to the Bridge the Valley Bike Rally Event and summarized other community programs. Louise Hansen spoke about skateboard ordinance enforcement. Melanie Zahler, Terra Springs, expressed concerns about lack of communication of the River Grove School project to residents; and City Attorney Land explained that the Manitou Fund, property purchaser, stated they reached out to the Terra Springs Master Association President directly offering to meet and discuss the project. Mr. Gladhill added that a public hearing notice went out to properties within 350 feet per Statute; and Mayor Kozlowski pointed out the Interim Use Permit is a two year permit, and if the school does not use it, the building will fall into disrepair. Ms. Zahler also voiced concern about MnDOT removing City Council Meeting June 20, 2023 Page 2 of 3 parking spaces on Main Street, and Councilmember Junker offered to meet with residents on the subject. STAFF REPORTS Public Works Director Sanders gave a Chestnut Plaza update: Water Street will open June 21, with project completion September 8, 2023. The Lily Lake parking lot project is wrapping up. Police Captain Julien spoke about hiring, updated the Council on events, and stated the embedded social worker has started. Deputy Fire Chief Ballis reported on structure fires and provided safety tips. Finance Director Provos gave a water, street lighting and storm sewer rate increase update and thanked Assistant Finance Director Norby for work with the auditors. City Attorney Land stated the draft rental license ordinance wi ll be discussed in July/August. City Administrator Kohlmann gave a legislative update. CONSENT AGENDA June 6, 2023 Workshop and Regular Meeting Minutes Payment of Bills Bridge The Valley Bike Rally Contract Agreement Gambling Premise Permit for Stillwater Area Hockey Association – Resolution Lumberjack Days 5k and 10k Event Lumberjack Days Event Contract and Temporary Liquor License - Resolution Permanent Drainage and Utility Easement – The Lakes Zephyr Access Easement Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS There were no Council request items. City Council Meeting June 20, 2023 Page 3 of 3 CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adjourn to closed session, pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public (Minnesota Statute §13D.05, Subd. 3) on City Administrat or’s Annual Review. All in favor. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land Motion by Councilmember Collins, seconded by Councilmember Junker, to return to open session. All in favor. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adjourn. All in favor. The meeting was adjourned at 9:30 p.m. Ted Kozlowski, Mayor ATTEST: Joseph Kohlmann, City Clerk Resolution 2023‐089, Approving Minnesota Lawful Gambling Premise Permit for Stillwater Area Hockey Association at Stillwater Event Center Resolution 2023‐090, A Resolution Approving 2023 Lumberjack Days Special Event Contract Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 1,043.35 Acre Workplace Office furniture 12,436.99 Advance Auto Parts Supplies 839.08 Advanced Graphix Inc. Dasher board banner 114.75 AutoNation Filter 19.33 Barnes Melissa Park Fee Refund 150.00 Blackhawk Garage Door Door repair 237.50 Bolton & Menk Inc. Professional Service 6,924.00 Bornt Rich Reimburse for mileage 104.15 Boyer Trucks - Minneapolis 2024 Freightliner 108SD 100,584.30 Canteen Refreshment Services Concession supplies 388.65 Cardinal Tracking Inc TickeTrak envelopes 492.94 CDW Government Inc. Otterbox 83.16 Cintas Corp - Medical First Aid Supplies 112.09 Cintas Corporation Uniforms & towel cleaning 213.55 Clifton LarsonAllen LLP Audit 8,006.25 Cole Papers Janitorial supplies 278.20 Cornerstone Land Surveying Lakeview Hospital land surveying 1,400.00 Corval Constructors Repair charges 1,316.99 Crest Exteriors LLC Refund of overpayment of permit 268.55 Cub Foods Bakery items 47.97 Cummins Sales & Service Supplies 115.57 Dalco Janitorial supplies 322.34 ECM Publishers Public Hearing Publications 15.00 Emergency Automotive Computer equipment 4,539.80 Environmental Equipment & Services Equipment repair supplies 36.44 Fastenal Company Memorial bench hardware 172.20 Faul Psychological PLLC Psychological evaluations 1,950.00 Ferguson Waterworks #2518 Water meters 2,286.79 Golden Expert Services Janitor Service 4,000.00 Grainger Supplies 199.02 Guardian Supply Shield - Aspengren 169.99 Haussner Plumbing LLC Toilet seats 114.00 Hawkins Inc Chlorine 973.27 Helkes Tree Service Tree removal 1,650.00 HKGi Lumberjack Landing 7,980.25 Hotsy Equipment of Minnesota Supplies 685.47 Huebsch Service Mat cleaning service 729.91 Ice Sports Industry Printing 60.00 Instrumental Research Inc Water Testing 272.68 Kirvida Fire Inc. Repair charges 2,745.89 LeVander Gillen Miller PA Retainer 19,975.54 Linde Gas & Equipment Cylinders 66.50 Lindstrom Solar LLC Solar Energy 8,764.80 Loffler Companies Copier Lease 1,779.48 Page 2 Lone Oak Companies Inc Utility Bill Processing 2,034.90 Mansfield Oil Company Fuel 6,640.44 Marshall Electric Company Electrician service 2,668.50 Menards Supplies 1,594.53 Midwest Machinery Co Equipment repair supplies 171.84 Miller Excavating Gate valves 31,288.54 MK Mechanical Inc Heating water leak 506.00 MP Nexlevel LLC Locating 657.75 NAPA Auto Parts Supplies 88.02 Odebrecht Laurance Reimburse for lodging for conference 380.69 Overhead Door Co Door repair 2,217.00 Pepsi Beverages Company Beverages for concessions 493.03 Performance Plus LLC Medical screening 448.00 Pullen Annette Marie Therapy 110.00 Quill Corporation Supplies 252.32 RCM Specialties Inc. Patching 22,200.00 Rehn Code Consulting Services Plan Review 3,660.27 Riedell Shoes Inc. Skates 340.00 Safe Fast Inc Vests & marking paint 685.50 Simplifile LC Filing fee 50.25 St. Croix Recreation Fun Playgrounds BCI Burke custom playground 22,920.33 Stillwater Turf & Power LLC Filter 15.95 Survey Monkey Team Advantage Annual Plan 900.00 T.A. Schifsky and Sons Aggregate 8,747.97 Tennessen Brian Pepperball repair supplies 45.05 Tessman Seed Co. St. Paul Fertilizer 167.36 Titan Machinery Shakopee Equipment repair supplies 370.51 Total Parking Solutions Inc. Parking terminals 31,150.00 Tri-State Bobcat Equipment repair supplies 343.54 Twin Cities Dots & Pop Treats for concessions 302.00 US Bank Paying agent fees 500.00 Valdes Lawn Care & Snow Removal Lawn mowing 130.00 Washington County Sheriffs Office Assist 2023 Flood - Levy Security 13,435.68 Wruck Sewer & Portable Rental Portable Restroom 1,238.68 WSB & Associates Inc. MS4 Services 1,010.00 Xcel Energy Energy 57,403.35 Zep Sales & Service Supplies 117.50 Ziegler Inc. Wheel loader material handling arm fusion 5,746.00 LIBRARY Amazon Business Materials 27.28 American Library Association ALA Membership 205.00 ArtStart Programs 450.00 Blackstone Publishing Materials 143.98 Davies Joshua Programs 150.00 Dazzling Dave Yo-Yo Extraordinaire Programs 360.00 Page 3 Haltarhuu Erdenechimeg Programs 25.00 Holt Erin Programs 790.00 Huebsch Service Towels & Rugs 229.74 Library Ideas LLC Materials 447.89 Loffler Companies Copier/Printer 868.21 Menards Janitorial Supplies 175.54 Regents of the U of M Processing Barcodes 58.00 CREDIT CARDS A and S Training LLC Training for 3 officers 1,575.00 Amazon.com Supplies 208.09 AnyPromo.com Give-aways for community events 2,036.58 APWA PW Certificate program 2,188.99 Arrowwood MAWP conference hotel reservation 341.13 Constant Contact Constant Contact Licensing 216.00 Cub Foods Grocery 106.78 Dream Host Website hosting 19.95 Ebay Computer supplies 150.60 Fleet Farm Equipment for fire boat & drain snake 507.07 Global Leadership Network Global Leadership Summit 199.00 GoDaddy.com Planning web hosting fee 167.88 Grand Pizza & Catering Food for council special meeting 87.83 Greater Stillwater Chamber Toast & topics 5.00 Marie Ridgeway & Associates Training - LeMoine 450.00 MBFTE Fire licensing 75.00 Mersino Dewatering Float for pumps 547.02 Meta Store Programs - Adult 50.00 Mobile Beacon Materials Hotspot 66.00 Oasis Cafe Admin Professionals day lunch 52.35 Pier B Resort Lodging deposit for LMC Conference 375.89 PLEAA Membership 160.00 Ram Mounts Ram mounts for fire boat 90.77 St. Croix Cleaners Dry cleaning 26.83 Sudz Car Wash Vehicle washes 400.00 Summit Fishing Equipment Fire boat equipment 162.06 Target Gifts cards & thank you cards 112.11 TechSoup Materials - Hotspot 165.00 West Marine Products Buoys for fire boat 12.86 MANUALS Art Reach St. Croix Jazz Orchestra 3,000.00 Card Source Library Cards 519.70 Lone Oak Postage for utility billing 3,068.89 Page 4 ADDENDUM Century Link Telephone 393.38 Peachiie Marketing Social Media Mgmt 1,200.00 Quill Supplies 23.99 Verizon Wireless Wireless Service 3,780.97 Washington County Public Safety Radio 800 Radio User Fees 11,502.30 Xcel Energy Energy 19,407.96 TOTAL 473,081.86 Adopted by the Stillwater City Council this 5th day of July, 2023 Mayor Ted Kozlowski !"## $% & '#' $%$()*+,)-$-. / 0 # 12&03$ 1) (4,,!. 1 52+&%"#! 1 3)36-64 1782!!04) ',' 3)6 %''" $4+%#!# ,(%6 + -*'" 82$0 $!# 965 4 ! &$ '"! &: !.'! $%74% ; $%74 % 3)4"## <* 3$%76 6 !"' -0$17 6.#. 665%. ,: !! <2&-)&-;4&- <647 6 %6 =6 #' <%6 <=6 5% <=6 " 0 6726-))$ .!! 0&7)4&&7)4% # 04 >!' 6 !!'".# ($<* %: % (4##! ($7)$84"### ;&6-4 ; +)#.!. ;%6%" ;?(6-@$4 .#'! ; 7<=6 2 "'. ;-)%2 4%.!## + +$ 7& 4 " + 6 3)+ 4 !.!"' ?%$0+3)4!.'# $(2&3 ##. $(5<=6 7$"" $ 6<47 '."' 6..#' 6+9 71&4 !# 2$ 670"" 2)< 67< %!""' 2$# 2$ 2)7<=6 .' 2<*% 4( %%!'' 2?2)+; 4 " 2&/*% 4 ".. /& & ''! $-) 36-$44'"# %)$,,!!. &1%4671%4# &6&2$4 ' & 2)7 A !!! 32 +& )4 !!! 3)$ 4%&3% ""!. 3$)+ 0 + 564 "' 604! *3 0&74$ 1+1 674$ !!#! 5& 0 # %7276$% 4&# )7$444 '..#. 1&- 6$ &0 B"." 2)7)<=6 . &4 +&4 6 8 1- <=6 , 5& ! 91&744 $ 5 36% 6 4 )4 7) !!0$8%7 7 "' 5& -3 & -3 6 !'"' 15 +2% C<47<47 . D5%. D4+)$6 )$46 ." 6B12 !.!' 6-7 26-)! &46 1 &-)42 #' ,%:)&46 ,BB4,%E8E<* $ &46" ; )<$)64 &46! ; <&46.# ;-)% 534!!#. -7+$2 .'# 6 & '"'! 2$: . 34 )92&41$' $44. 6B6!'# 7&66(%8 766 7% !"' && 46 !''## $2&) % 4 !" -0$(7 ".' ,6; - ) 4 ## <-76 " 0 06<=6 - 5$.. (-$)/ (-$)66 ## (,$$76&4 -) 4".'' ($&BB5 40$6 4 '.' ( )6- 5 23$4 75 482 210<04 . 2, 40 6.! 2 &468$ 2-12 ; "" $6&$7)! &13 $44$ 2.'# &<26-)" 362 366 - #.. *,74 !"' $B)) ) 66 0)4<=6 0- =6 "!" 4 ( $5 )7$! )2 8; " 2&$ 17- !'" 3) *:BB ) $-7$#. & 4 7-4 "''# DATE: July 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Street Superintendent SUBJECT: 2023 Crack Sealing Project BACKGROUND City staff received bids from three companies for Crack Sealing City streets that have been reconstructed or overlaid in the past few years. Gopher State Sealcoat, Inc. was low bidder on the project at $17550.81. Funding for this project will come out of the Street Department’s operating budget. RECOMMENDATION Staff recommends approving the contract for work on the 2023 Crack Sealing Project with Gopher State Sealcoat Inc. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR 2023 CRACK SEALING PROJECT. 1 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 Gopher State Sealcoat, Inc., 12519 Rhode Island Ave., Savage, MN 55378 (“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 Crack Seal 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 6/12/23, 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. 2 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. 3 8. CITY’S REPRESENTATIVE. The City has designated Chad Rogness 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 Craig Olson to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Gopher State Sealcoat, Inc. 216 4th Street North 12519 Rhode Island Ave. Stillwater, MN 55082 Savage, MN 55378 Attention: Chad Rogness Attention: Craig Olson Or e-mailed: crogness@ci.stillwater.mn.us Or emailed: craigo@gsseal.com 4 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 By:____________________________________ Joseph Kohlmann, Acting City Clerk 5 CONTRACTOR Gopher State Sealcoat, Inc. By:______ _____________ __________ By (Please Print):_____________________________ Title (Please Print):____________________________ Project Description: 2023 Crack Seal r)tillwater ~~ -~~::.~ City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651 -275-4102 crogness@ci.stillwater.mn.us 2023 Street Crack Seal Program Bid Proposal Item# 1 2 section 2 Rout & Seal GRAND TOTAL (BASIS OF AWARD) Contractors Anticipated Start Date Contractors Anticipated Completoin Date Unit Quantit RS 134.26 RS 123.33 • Bids must be received no later than 3:00 pm on June 16th, 2023. -$20,000.00 maximum contract amount. • Bids may be submitted by mail, email, fax or in person to City Hall at above address, Attn: Chad Rogness. -Resposible Contractor Verification and Certification must be submitted with the Bid . -Bids should be labeled: 2023 Street Crack Seal Program . -All bids must be submitted on the City's proposal form and be a complete proposal. -Mobilization and Traffic Control incedental to bid prices. • Project specifications will be governed by MnDOT 2022 Spec Book. -Please provide any additiona l comments, modifications, or suggestions to the bid prior to bid due date. -Questions contact Chad Rogness at 651-275-4102 or crogness@ci.stillwater.mn.us -The City reserves the right to add or subtract quantities. -IC 134 must be submitted prior to final payment. -The City anticipates the work be done on or before August 31, 2023. Date: Company Name: ~---------s t c.. ~ s ~'II\) ~()( •. + I r l,i <:_ • I Print Name:.~-.--~+-_::::.---;.~L---...:..A::::,dd::.:.r.:::..:es:..::.S:....: . ..:..I l:.::..::.J .;_Vi.!-_:.....;A_~..:..:;~:....:!,_':f~s ,;,,l!/\l(.!.j-l l~A::...!.:..(/..:::::e.~r -~-'-::..:\/<'-~-+l_._t rl ~,:__;_ J" 5 3 1 ~ Email Address: DATE: July 5, 2023 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Ongoing Implementation of Downtown Parking Pay Zone BACKGROUND This amendment to the agreement with Passport for parking payment services is actually more related to the physical credit card terminals. Technically, the credit card terminals are provided by a separate vendor, but integrated into the Passport System. Passport serves as the main ‘ecosystem’ for our parking environment, meaning that it is the main system that pulls all other components together in a single source. Primarily, Passport is the mobile payment option for the City, but does not provide credit card terminals. The City continues to work with Total Parking Solutions for credit card terminals, which are now fully integrated into the Passport System for all intents and purposes. The purpose of Amendment #2 is to ensure that all final credit card terminal setup and configurations are consistent with Passport’s configuration. This will allow all reporting and revenue collection come from a single-source, and reduces the burden on the City’s Finance Team to have to reconcile reports from multiple vendors. This does not change any of the setup approvals in Passport. It simply ensures that the credit card terminal configuration matches what was already approved in Passport. ACTION REQUESTED Motion to approve Amendment #2 with Passport. Second Amendment to Agreement Reference is made to that certain Software License and Service Agreement (the “Agreement”) dated August 15, 2022 by and between Passport Labs, Inc. (“Passport”) and City of Stillwater, MN ("Customer") (Passport and Customer are collectively referred to as the “Parties”). The Parties desire to amend the Agreement as follows, which shall be effective as of the last date specified below the Parties’ signatures: 1. Passport shall provide card-present merchant processing services utilizing $.50/transaction passed through to the end user. 2. Except as expressly amended herein, the remainder of the Agreement remains in full force and effect. Agreed to and accepted by: Passport Labs, Inc. By:[sig|req|signer0] Printed Name: [name|req|signer0] Title: [title|req|signer0] Date: [date|req|signer0] City of Stillwater MN By:[sig|req|signer1] Printed Name: [name|req|signer1] Title: [title|req|signer1] Date: [date|req|signer1] DocuSign Envelope ID: )2D))1EB-B10-5-B20-)D251DD5 Col S/PM/OMOP aoug oogers Ted hozlowski Mayor DATE: July 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: Variance for workhours – Gate Valve Repair BACKGROUND Public Works Utility Department has hired a contractor to repair a leaking gate valve at the intersection of Main St. S and Nelson St. E. They would like to include provisions to allow the contractor to work outside of the City approved work hours, in order to lessen the impact on the downtown Businesses and give the contractor ample opportunity to complete the project in a timely manner. The contractor will work with MnDOT to create a traffic plan to minimize disruption. Section 38-3 of the City Code states that work hours are limited to 7:00 am to 10:00 pm Monday thru Friday and 9:00 am to 9:00 pm on Saturdays. The request is to be able to start work at 3:00 am on Monday or Tuesday and have the water back on by 10:00 am. The request is made for the time frame of July 17, 2023 to July 18, 2023 (weather dependent). A resolution for the variance of works has been prepared for this request. RECOMMENDATION Staff recommends Council approve the Resolution Approving Additional Workhours to repair the leaking Gate Valve on Main St. S and Nelson St. E. ACTION REQUESTED If Council concurs with recommendation, they should pass RESOLUTION ____ APPROVING ADDDITIONAL WORK HOURS FOR GATE VALVE REPAIRS ON MAIN ST. S & NELSON ST. E City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION APPROVING ADDITIONAL WORKHOURS FOR THE MANNING/TH36 INTERCHANGE PROJECT WHEREAS, Section 38-3 of Stillwater City Code provides for construction hours between 7am and 10pm, Monday – Friday and 9am – 9pm on Saturdays. WHEREAS, the City has hired a contractor to repair a leaking gate valve at the intersection of Main St. S and Nelson St. E; and WHEREAS, the City would like to include provisions to allow the contractor to work outside of the City approved work hours, in order to lessen the impact on the downtown Businesses and give the contractor ample opportunity to complete the project in a timely manner; and WHEREAS, the request is to be able to start work at 3:00 am on Monday or Tuesday and have the water back on by 10:00 am. The request is made for the time frame of July 17, 2023 to July 18, 2023 (weather dependent). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a variance to Section 38-3 of the Noise Ordinance to allow the Contractor to work starting 3 am on July 17th & 18th, 2023. Adopted by the City Council this 5th day of July 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Joseph Kohlmann, Acting City Clerk DATE: July 5, 2022 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Haunted History Trolley Tours BACKGROUND The City has received an Event Application for an event open to the public located on private and public property. Wahoo Adventures is hosting the sixth Haunted History Trolley Tour. Past tours were staged at the Zephyr Theater, but will now be staged at River Siren Brewing. The event will take place on Thursday, Friday, and Saturdays between October 13th through October 28th.The event begins at 7:00 PM and ends at 10:00 PM. The staging at River Siren will consist of trolley entering the parking lot from the north where riders will be picked up and dropped off. Tours will last approximately one hour with 7 stops throughout the City where actors will randomly begin boarding as the event continues. These stops include, The Zephyr Theater, St. Croix Scenic Overlook, the Ole Sawmill Marina, Wardens House, Brunswick House, the Library, and the Historic Courthouse. There will be no other equipment staged in the parking lot of River Siren Brewing, as it will simply being used as an area for pick-up and drop-off. No alcohol is proposed for consumption on the bus. In previous years the City and Event Coordinator had received concerns from property owners regarding some stops along the tour. The Event Coordinator appears to have adjusted the tour route to mitigate future concerns. RECOMMENDATION Staff recommends approval of the Event Permit. Staff will do final approvals and walk throughs. ACTION REQUESTED Motion to approve the Event Permit for Wahoo Adventures Haunted History Trolley Tours. Haunted Trolley Tours 2022 –T/F/Sat Oct 13th –29th Questions or Concerns? –Call Kerri Kolstad –651.280.7299 Trolley Stops 1.Zephyr Theatre 2.St Croix Scenic Overlook 3.Ole Sawmill Marina 4.Wardens House 5.Brunswick House 6.Library 7.Historic Courthouse 8.Return via Mulberry St 1 2 3 4 5 7 8 2 6 DATE: July 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: The Freight House and Temporary Outdoor Liquor License Extension – Lift Bridge Rhythm Fest BACKGROUND The City has received an Event Application for an event open to the public fully on private property. The Freight House (305 Water Street South) is planning to host an event featuring live music. The event is scheduled for July 22nd from 12-8 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. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to approve the Event Permit and adopt Resolution approving Temporary Extension for On-Sale Liquor License to The Freight House for July 22nd, 2023. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR TEMPORARY OUTDOOR PREMISE EXTENSION WHEREAS, a request from Freight House LLC dba Freight House has been received to add their adjacent parking lot on the south side of their building as a temporary amendment to their on-sale liquor license premise located at 305 Water St S; and WHEREAS, the request meets State Statute restrictions that the premises must be “compact and contiguous”; and BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises located at 305 Water St S, 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). 2. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 3. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 4. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 12 pm and 8 pm for their outdoor event on July 22, 2023. Adopted by the Stillwater City Council this 5th day of July 2023. CITY OF STILLWATER ____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Beth Wolf, City Clerk Water Street Nelson Street The Freight House Dumpsters Stage Portapo�es 3 Regular 1 ADA 2 Wash Entrance Exit Access to FH via Ramp Beer Trailer 114’ 110’ DATE: July 5, 2023 TO: Honorable Mayor and City Council FROM: Andrew Coyne, Natural Resources Technician SUBJECT: Approval of Minnesota DNR Grant for Emerald Ash Borer Management DISCUSSION: In an effort to combat the wide spread issue of Emerald Ash Borer (EAB) infestation across the city of Stillwater, City staff have begun efforts to more intensely monitor and manage ash trees in public spaces. This is done to ensure the timely removal of dead and diseased trees posing significant risk to public safety. Since 2018, Emerald Ash Borer has been rapidly killing off hundreds of ash trees across the city of Stillwater, and the rate of death is expected to increase in the coming years. Once infested with EAB, ash trees die within 1-3 years at which point they become public safety hazards. As part of these efforts, city staff submitted an application for the “Preparing For EAB 2023” grant program administered by the Minnesota Department of Natural Resources and was awarded $28,830. This funding will be used to remove and replace 52 boulevard trees that were identified as severely infested. The contractor responsible for tree removal will be BJ Haines Tree Service. After removal, stumps will be grinded and the ashes will be replaced on a one-for-one basis with a diverse mixture of climate- change-resilient tree species. The grant requires a match of 25% of the total project cost, which can be either cash or in-kind. The total project cost is $38,440, and the required match amount is $9,610. $8,260 of the match will be in-kind, utilizing public works crews for stump grinding as well as tree planting and establishment. The remaining $1 ,350 will be a cash match, from the forestry budget. RECOMMENDATION: Staff recommends that Council review and authorize the approval of the proposed grant contract. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion APPROVING GRANT CONTRACT AGREEMENT WITH MINNESOTA DNR. Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 1 STATE OF MINNESOTA GRANT CONTRACT AGREEMENT This grant contract agreement is between the State of Minnesota, acting through its Department of Natural Resources, Division of Forestry, 500 Lafayette Road, St. Paul, MN 55155 ("STATE") and City of Stillwater, 216 4th Street N, Stillwater, MN 55082 ("GRANTEE"). Recitals 1. Under Minn. Stat. §84.026, §84.085, Subd. 1, and Minnesota Session Laws 2021, 1st Special Session, Chapter 6, Article 1, Sec. 3, Subd. 4 (j) the State is empowered to enter into this grant contract agreement. 2. The State is in need of Urban and Community Forestry Services for the Preparing for Emerald Ash Borer project. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract agreement to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant contract agreement. Grant Contract Agreement 1 Term of Grant Contract Agreement 1.1 Effective date: July 1, 2023, Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. 1.2 Expiration date: June 30, 2025, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract agreement: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). Perform the duties specified in Exhibit A, Exhibit B, and Exhibit C, which are incorporated and made a part of this agreement. 3 Time The Grantee must comply with all the time requirements described in this grant contract agreement. In the performance of this grant contract agreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract agreement as follows: (a) Compensation The Grantee will be paid in an amount not to exceed $28,830.00 on a reimbursement basis for qualifying purchases. The Grantee shall submit payment requests with required expenditure documentation. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 2 According to the breakdown of costs contained in Exhibit B, which is attached and incorporated into this grant contract, the Grantee certifies that a minimum 0% matching requirement for the grant will be met by the City of Stillwater. The total project cost is $38,440.00. Grantee agrees to match at least $9,610.00 of this project cost. (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract agreement will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract agreement will not exceed $28,830.00. 4.2 Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: 1. January 8, 2024 2. July 1, 2024 3. January 6, 2025 4. June 30, 2025 The State shall disburse funds to the Grantee pursuant to this agreement on a reimbursement basis. The Grantee shall submit payment requests with required expenditure documentation. All project work must be completed and the final request for reimbursement (along with final reports) must be submitted by June 30,2025. (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. (a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. (b) The grantee must not contract with vendors who are suspended or debarred in MN: http://www.mmd.admin.state.mn.us/debarredreport.asp 5 Conditions of Payment All services provided by the Grantee under this grant contract agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Emma Schultz, Community Forest Project Specialist, 500 DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 3 Lafayette Rd., St. Paul, MN 55155, 651-259-5274, ucf.dnr@state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Andrew Coyne, Natural Resources Technician, 216 4th Street N, Stillwater, MN 55082, (651) 430-8836, acoyne@ci.stillwater.mn.us. If the Grantee’s Authorized Representative changes at any time during this grant contract agreement, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant contract agreement, or their successors in office. 7.2 Amendments Any amendments to this grant contract agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract agreement, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Agreement Complete This grant contract agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract agreement. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract 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. 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 4 10.2 Intellectual Property Rights The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this contract. If intellectual property rights are identified, the grantee must contact the DNR immediately. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this grant contract agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement. Venue for all legal proceedings out of this grant contract agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract agreement with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause The State may immediately terminate this grant contract agreement if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract agreement if: (a) It does not obtain funding from the Minnesota Legislature (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 5 notice of the lack of funding within a reasonable time of the State’s receiving that notice. 14.4 Additional Alternate Termination Language Additional alternate termination language may be negotiated on a case-by-case basis after the state agency has consulted with their legal and finance teams. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 6 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 Signed: Date: SWIFT Contract/PO No(s). 229318 / 3-230442 Funds are available but FY24 budgets are not loaded. Per the Admin Policy 21-01 exception, funds will be encumbered as soon as possible but no later than 8/31/23. 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State’s Authorized Representative DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 June 16, 2023 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 7 Exhibit A: Grant Project Deliverables 2024-2025 Preparing for EAB City of Stillwater Deliverables Grant Sum Total: $28,830.00 Grant Contact Deliverables • Adopting an EAB management plan through this grant process if the community does not yet have one in place • Each ash tree removed must be replaced with a newly planted tree • Grantee must be willing to participate in work by the Minnesota Department of Agriculture and University of Minnesota to evaluate project impacts Regardless of requests for reimbursement, a written update must be submitted by each reporting deadline, to insure project is moving forward and on track to completion. Add written reports below corresponding to each reporting date: January 8, 2024 Update: July 1, 2024 Update: January 6, 2025 Update: June 30, 2025 Update: As work is completed, thoroughly address all applicable bullet points below. Add in the date of reporting (i.e. 1/8/24) and change the font color of your update to red, to show where information has been added. Continually add to this document over the lifetime of your grant, making sure that all bullet points are addressed by the time of the grant’s completion. Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the City of Stillwater’s application: Project Overview and Need Stillwater is a small city with just over 19,000 residents. According to the 2010 DNR survey, Fraxinus makes up 16.5% of the city’s trees. EAB was first detected in Stillwater in 2018, and has rapidly spread since. Based on current trends, every non-treated ash is expected to die. In January 2023, 52 boulevard ashes were found with EAB, posing significant public safety risk. We expect to find more infected trees this summer. The project involves two phases. • Phase one is removal and disposal of diseased trees, followed by stump grinding. • Phase two is replacement with underutilized tree species. A total of 52 trees will be planted. Homeowners will get the option to have replacement trees planted. If they agree, they will be responsible for watering. If they say no, the tree will be planted in a city park. The forestry budget is not equipped for large removal projects. There’s $45,000 for removals, $10,000 for EAB treatment and $9,000 for planting. $5000 will be used for continued EAB treatments, and more for new treatments. The removal budget was used for EAB trees in the past, along all other tree work. The quote, $21,000, is near half of what we spend for an entire year. In 2022, the city exhausted its removal budget and was unable to complete all work by year's end. Without this grant, the city will struggle to remove all 52 trees. Money is needed for emergency tree events and potential outbreaks of other diseases. The city would prioritize the most hazardous trees, leaving less-dead trees standing - posing risk to the public. Additionally, we couldn’t replant, reducing canopy size long term. The current planting budget is used for trees and flowers in parks. The city doesn’t plant boulevard trees, but if DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 8 funds are awarded, the engineering department will allow us to replace the ashes. • The project goal is to eliminate the risk of dead boulevard trees. The secondary goal is increasing tree diversity. The project will provide security by mitigating immediate hazards while protecting against future losses. Project Timeline • October 2023 – January 2024 – Removal of all trees and debris by BJ Haines Tree Service • April 2024 – Stump grinding, done by Stillwater's Parks and Rec crew, led by Matt Babcock. • May 2024 – Order 50 potted trees from Gerten’s Wholesale • May 2024 – Order water bags, stem protectors and mulch • October 2024 – Tree planting, done by Stillwater's Parks and Rec crew, led by Matt Babcock. • October 2024 – Deploy water bags, residents will be instructed, by mail, to water weekly and remove the water bag after the first hard frost of the season. • April 2025 – Residents will be instructed, by mail, to deploy water bags and water weekly. • April, July & October 2025 – City Forester check-ins – assessing the health of each tree, addressing maintenance concerns as needed. • October 2025 - Residents will be instructed, by mail, to remove the water bag after the first hard frost of the season. • April 2026 - Residents will be instructed, by mail, to deploy water bags and water weekly. • April, July & October 2026 – City Forester check-ins – assessing the health of each tree, addressing maintenance concerns as needed. • October 2026 - Residents will be instructed, by mail, to remove the water bag after the first hard frost of the season. • December 2026 – Structural pruning, done by Stillwater's Parks and Rec crew, led by Matt Babcock. • April 2027 - Residents will be instructed, by mail, to deploy water bags and water weekly. • April, July & October 2027 – City Forester check-ins – assessing the health of each tree, addressing maintenance concerns as needed. • October 2027 - Residents will be instructed, by mail, to remove water bags after first hard frost – this concludes the 3 year maintenance plan. Project Budget Explanation Stillwater’s forestry budget was not designed to account for mass mortality events. The $45,000 for removals includes all reactive emergency tree work, along with all other forest health expenses. There’s $9000 for EAB treatments - half of which will be spent on existing treatments, with the remainder to be used for additional treatments. Finally, there’s $10000 for planting. The city planting budget includes annual flowers for parks and other gardens, so the tree budget is closer to $6000. The removal was quoted by BJ Haines at $21000. This eats up half of the entire tree removal budget for the year, leaving only $24000 for tree work. • The $21000 for tree removal, along with $7830 for trees is what the city is requesting funds for, totaling $28830. Stump grinding, planting and structural pruning will be the in-kind match, totaling $8260. The planting supplies, and the remainder of the nursery stock will be funded by the city, a cash match of $1350. • In-kind match is based on the combined operating cost of Matt Babcock, Lead Parks Worker, and one full-time Parks Worker 2. The 2-man crew costs $92.34/hour. Time for stump grinding 52 trees was estimated at 5 days, $3693, rounded up to $3800 to account for an extra hour. Tree planting time is estimated at 4 days, $2954, rounded up to $3000. Structural pruning time is estimated at 2 days, $1477, rounded up to $1500. • Trees will be ordered from Gerten’s wholesale. Gerten’s wholesale does not provide warranty, so any replacements will be provided by the city. 52 trees will be ordered, listed on the attached sheet. 7 species will be planted – elm, hackberry, honeylocust, coffeetree, ginkgo, alder and yellowwood. The trees range from $110 - $190 for 10 and 20-gallon pots, a total price of $7426. It was rounded to $8000 to account for price increases in 2024. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 9 • 15-gallon Tree-Gator water bags will be purchased from Gertens for $18.27 per bag, totaling $950. 3- foot corrugated tree guards will be purchased from amleo.com, for $4.42 each, totaling $230. The cash- match will come from the planting budget. Mulch will be provided by public works at no cost. • The total cost per tree for removal and replacement is $739.23. Project Impacts on Priority Landscapes and Populations • Aside from a couple outliers, the project is concentrated mainly into two neighborhoods – referred to as Croixwood and North Hill. Croixwood is located on top of the hill, west of old Stillwater. According to the MPCA Environmental Justice map, Croixwood has 9% people of color, and 18% reporting income less than 185% of the poverty level. The North Hill neighborhood is located near downtown Stillwater, and is comprised mainly of old houses – both residential and rental. According to the MPCA Environmental Justice map, North Hill has 12% people of color, and 18% reporting income less than 185% of the poverty level. Though Stillwater has over 90% white population, that 9%-12% BIPOC population is not insignificant. Both the Croixwood and North Hill neighborhoods could greatly benefit from this project. Several properties are rental units for lower income families. The lower income residents are just as likely to be struck by or sustain property damage from tree failure. Lower income families would likely struggle financially to pay the incurred costs associated with tree failure. Additionally, some of the lower income residents, along with the many senior citizens, may not have the physical or financial capacity to plant replacement trees after the ashes have been removed. • By doing this project, the BIPOC residents of those neighborhoods will have the opportunity to learn about EAB, the importance of shade trees, and best management practices for tree maintenance. Residents of both neighborhoods will be engaged throughout the project with direct outreach – either phone or door knock, educational materials, and periodic check-ins from the city forester. The general public will be engaged through newsletters, new articles, social media posts and the city's website. We will encourage residents to contact the city forester for free advice and assistance in diagnosing and coordinating the management of their ashes. Lower income residents and people of color will be encouraged to join in the endeavor to get the EAB epidemic down to a manageable level through community education about reactive management and proactive planning. Communication Community outreach for this project will be done using several methods. • Special guidance will be given to homeowners responsible for the replacement trees. We will develop flyers to educate about EAB impacts. Watering principles and practices will be outlined – including frequency and variables like long drought periods, rainy weeks, or early frost. They will also outline common health issues to look out for -including dieback, sunscald, frost damage, flagging, wilt, mechanical damage, pests and pathogens. Residents will be instructed to contact the city forester as soon as possible if any health issues arise. • Each spring and fall, a letter will be sent to homeowners responsible for the replacement trees. In spring, they will be instructed to deploy the water bag for the season and will be reminded about how important it is to keep their tree watered. In fall, they will be instructed to continue watering until the ground is frozen, at which point they need to remove the bag from the tree to prevent rodents from sheltering inside of them. • During maintenance checks, the city forester will periodically knock on doors to discuss progress, address concerns and ask for feedback. The goal is to have at least one in-person conversation with each property owner during the 3-year tree maintenance period. • Information about the project will be posted on the city’s forestry website along with the city Facebook page. Details and updates about the project will be posted twice per year in Stillwater’s quarterly newsletter. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 10 • The Gazette, Stillwater’s local newspaper, will be contacted about running a story on the project. The Gazette posted an article about EAB in Stillwater in March, 2022. We will ask to do a continuation of that story. We will focus on: EAB: what’s being done, why it’s being done, what you can do to prevent or mitigate EAB. A secondary focus of the article will be about the benefits of shade trees, and the importance of forest diversification in the midst of climate change. Key Personnel Andrew Coyne – B.S. Forest & Natural Resource Mgmt UMN, ISA Certified Arborist SO-10571A • Duties: Project coordination, public outreach, education, tree health and maintenance assessments, pruning dead branches during inspections. Experience: Andrew has been working in tree industry for 3 years. He spent 2.5 years as a consulting utility arborist planning and coordinating vegetation management activities and conducting landowner outreach. Andrew has a forestry degree and has been a certified arborist for 2 years. Matt Babcock – B.S. Horticulture UMN, ISA Certified Arborist • Duties: Matt, with the help of a Parks Worker 2, will conduct all stump grinding, tree planting, and structural pruning for this project. Experience: Matt has been working for Stillwater for over 10 years. He is an ISA Certified Arborist and holds a Bachelor's degree in Horticulture. Matt is the Lead Parks Worker, and is in charge of all tree work activities done by the public works department. Matt is currently in charge of stump grinding, tree planting and pruning of all city trees. He has demonstrated a level of excellence in his work that shows his passion for trees. BJ Haines Tree Service - Licensed Tree Contractor BJ Haines has been operating in the east metro over 70 years. They are a well known and reputable contractor in the St. Croix valley, with an expansive body of work and services provided. The owner of the company, Bonnie Haines, has been working as a certified arborist for over 50 years, and is a wealth knowledge when it comes to tree care. • BJ Haines will be responsible for the removal and disposal of all ash trees identified in the work plan. They will be required to contact Xcel Energy for all necessary clearance zones. They will be required to coordinate with the city, any road blocks and traffic diversions needed to safely remove the boulevard trees. They will be required to haul all brush away from the removal sites and follow all local laws regarding proper disposal of diseased wood. All trees must be removed between October 2023 and January 2024. Tree Planting Grant funds will not fund the purchase of trees that are over-represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used unless an updated inventory is provided. For your community this means grant funds cannot be spent on purchasing: • Picea (spruce): 18.8% • Fraxinus (ash): 16.5% • Acer (maple): 14.5% • Betula (birch): 13.1% • Malus (apple): 12.6% All trees planted with grant funds are expected to be maintained based on the City of Stillwater’s Three Year Tree Maintenance Plan submitted as Exhibit C. Trees that do not survive will need to be replaced prior to grant close-out utilizing the warranty the city has with the nursery that stock was purchased from, or at the expense of the City of Stillwater. Requesting Reimbursement Accomplishment reports and maps of completed work will be submitted with all requests for reimbursement. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 11 • Partial payment form along with invoices and proof of payment for grant-funded purchases, Cash Match form along with proof of payment, and In-Kind Match form • Partial payments may be submitted as needed and must include all up-to-date required documents and accomplishment reports, including a relevant certification and/or declaration • Accomplishment reports will include grant contract deliverables and their impacts • Photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results • Maps will: o Identify the location of ash that have been removed o Identify the location of ash stumps that have been ground o Identify the location and species of trees that have been planted o Identify the location of ash trees that have been treated • All trees removed, treated, and planted will be mapped and submitted as shapefiles, with the planted trees identified by species and size, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. Following the submission of invoices and accomplishment reports, a compliance check will be conducted by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree species submitted on maps are correctly identified and planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff will confirm that planted tree stock is ¾”-2” caliper bareroot or a container class size #20 or smaller. Ineligible Project Expenses Ineligible project expenses include, but are not limited to: • Costs incurred prior to the start date on the fully executed grant agreement • Staff time for local government unit employees • Purchase of trees listed on the Minnesota Invasive Terrestrial Plants and Minnesota Noxious Weed lists, including Amur cork tree, Amur maple, autumn olive, black locust, buckthorn, Callery pear, Norway maple, Russian olive, Siberian elm, Tatarian maple, and tree of heaven • Purchase of balled and burlapped trees, containerized trees larger than #20, and bareroot trees greater than 2” caliper diameter • Purchase of tree species that already make up 10% or more of the community’s public trees, or whose family makes up 20% or more of the public trees • Purchase of plants such as shrubs, living ground covers, sod, grass seed, and flowers • Purchase of land or easements • Major soil and grade changes or construction • Equipment purchases equal to or exceeding $5,000 • Purchase of meals or snacks for volunteers • Experimental practices not approved by DNR Acknowledgments Minnesota Department of Natural Resources The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 12 • Including any publications or outreach materials related to this grant or agreement, a statement of affiliation with Minnesota Department of Natural Resources, e.g., “This publication made possible through a grant from the Minnesota Department of Natural Resources.” OR “This project was conducted in cooperation with the Minnesota Department of Natural Resources.” • Logo is permitted for use and can be obtained by contacting the UCF Team. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 13 Exhibit B: Project Budget 2024-2025 Preparing for EAB City of Stillwater Item State Grant Funds Cash Match In-kind Match Total Personnel and Owned Equipment $8,260.00 $8,260.00 Eligible Expenses $28,830.00 $1,350.00 $30,180.00 Totals $28,830.00 $1,350.00 $38,440.00 DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 3-Year Tree Maintenance Plan Template for Newly Planted Trees LUG: Year and Season of Planting: Project Coordinator: Phone: Email: # of Trees to be Planted: Size (caliper for deciduous, height for conifers): Type of Stock to be Planted (Bare root, etc.): Describe how the activities below will be completed. 1.Tree Maintenance Personnel a.Describe who is responsible for maintenance. b.Volunteers, homeowners, or inexperienced staff that will provide maintenance should receive basic training and literature on proper maintenance techniques. Is training needed and how will you do it? c.How will you inspect tree maintenance work periodically to make sure it is being done correctly? 2.Tree Watering Process Describe in detail how trees will be watered, the time period and frequency of watering. Trees should be watered weekly for the first 3 to 5 years when the ground is thawed, unless it has rained 1 inch in a week. Ǥ ͸Ͷ͸͹ A City of Fall 2024City of Stillwater Andrew Coyne 651-430-8836 acoyne@ci.stillwater.mn.us 1.5" approx52 Container (20 gallon and 10 gallon) Watering responsibilities for newly planted boulevard trees will fall upon the homeowner. Watering responsibilities for trees planted in parks will fall on the city parks staff. Tree recipients will be responsible for watering the trees for a minimum of three years after planting. Pruning will be handled by city parks staff. Yes, training will be required to teach proper watering principles to all homeowners responsible for new trees. I will develop an educational pamphlet to teach about watering needs and frequency , and things to look out for regarding tree health. They will be informed about common plant stressors and disorders. I will request they call the city as soon as any tree health issues arise. I will mail it to all homeowners listed, as well as post it on our forestry website. I will follow up after three weeks to ensure delivery. Once every spring, summer and fall, I will do an inspection on all the new trees. I will check water bags, and do a full visual inspection of each tree. I will be present during the structural pruning phase to ensure only necessary cuts are being made. I will address watering problems as they arise and communicate with homeowners if they are failing to maintain their trees. We will promptly respond to pests, pathogens and abiotic disorders in compliance with current best management practices where applicable. Trees will be watered for a minimum of three years, but homeowners will be encouraged to continue watering as needed, especially during drought conditions. Every tree will get a 20 gallon watering bag. Homeowners will be instructed to fill the bag once per week from the time the ground thaws in spring until the first hard frost of autumn. They will be asked to use best judgement regarding precipitation. They will also be instructed to remove the water bag for the winter and to not replace it until the ground is thawed in spring. DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 3.Mulching Trees Will you mulch your trees and if so, how will you maintain mulch? 4.Staking and Tying Trees Explain if staking is necessary due to mowing, vandalism, or wind conditions, and describe plans for inspection and removal. 5.Checking Tree Health The grantee will check trees every 6 – 12 months to identify and address problems. Describe inspection process and follow-up. 6.Tree Protection Young trees in busy urban areas may be easily damaged by human activity, animals, and equipment. Describe how planted trees will be protected. 7.Pruning Newly planted trees should need little pruning, if they were properly cared for in the nursery. In the first year after planting, remove only dead or broken branches. In later years, weakly attached limbs can be removed, and corrective pruning can be done if needed. Describe your pruning maintenance cycle. 8.Tree Warranty Tree planting should include a warranty from the nursery for replacement (due to poor condition or mortality). The grantee should be prepared to fully replace all trees that are in poor condition or die prior to inspection at the end of the project grant agreement, unless loss was due to natural disaster. Describe your tree warranty or how trees will be replaced. Trees will be mulched at the time of planting. Trees will get a 2-4" layer of mulch, 3-4 ft in diameter and 6 inches away from the trunk. Mulch will be inspected during the maintenance checks, and replenished or rearranged as needed. Staking will only be used if the tree is having stability issues. We will plant all trees without stakes initially, but will use stakes for any trees that are leaning. After one year, any staked trees will be inspected for stability. If the trees show improved root stability, the stakes will be removed. If the tree is still unstable, a root inspection will be conducted. The tree will be replaced if need, or staked for an additional year. All stakes will be removed after a maximum of two years. Once in spring, summer and fall, I will conduct an inspection on all the new trees. I will check water bags, and do a full visual inspection of each tree. I will be present during the structural pruning phase to ensure only necessary cuts are being made. I will address watering problems as they arise, communicating with homeowners if they are failing to maintain their trees. We will respond to pests, pathogens and abiotic disorders in compliance with current best management practices where applicable. Trees will be planted with a stem protector and a water bag. There has been no known history of public tree vandalism in Stillwater, so extensive protection measures are not necessary. Stem protectors will deter rodents from chewing the bark in the winter. Water bags will be removed to prevent potential winter shelters for rodents. Mulch rings will provide protection from mowers and weed whips. In the interest of long term tree stability, the city will perform all pruning. Dead branches will be removed in spring and fall of each year, during maintenance inspections. Structural pruning will be done in the third year, after the trees have had enough time to establish strong root systems in the soil. It will entail: establishment of a leader, removal of dead or crossing branches, and selection of appropriately spaced and sized scaffolding branches. Our tree plantings will not include a warranty. We will acquire trees from Gerten's Wholesale, who does not provide warranty for wholesale trees. Gerten's wholesale prices are generally about 50% of retail, so we simply cannot afford to purchase 52 potted trees at retail prices. There are some risks involved with this. Regular maintenance monitoring will help us discover in a timely fashion - any trees that may need to be replaced. The city will handle replacement planting and associated costs if/when they arise. MocuSign Envelope IM: AB89A868-15F9-41A0-A3C0-A2266CMC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 14 Minnesota Department of Natural Resources Conflict of Interest Disclosure Conflict of Interest: A conflict of interest occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper or illegal act results from it. Actual Conflict of Interest: An actual conflict of interest occurs when a person’s decision or action would compromise a duty to a party without taking immediate appropriate action to eliminate the conflict. Examples include, but are not limited to: • One party uses his or her position to obtain special advantage, benefit, or access to the other party’s time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. • One party receives or accepts money (or anything else of value) from another party or has equity or a financial interest in or partial or whole ownership of the other party’s organization. • One party is an employee, board member or family member of the other party. Potential Conflict of Interest: A potential conflict of interest may exist if a person has a relationship, affiliation, or other interest that could create an inappropriate influence if the person is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. Organizational Conflict of Interest: A conflict of interest can also occur with an organization that is a grant applicant in a competitive grant process or grantee of a state agency. Organizational conflicts of interest occur when: • A grantee’s objectivity in carrying out the grant is impaired or compromised due to competing duties or loyalties • A grantee, potential grantee or grant applicant has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 15 This section to be completed by Grantee’s Authorized Representative (AR): I certify that we will maintain an adequate Conflict of Interest Policy, and throughout the term of our agreement, we will monitor and report any actual, potential, individual, or organizational conflicts of interest to the State’s Authorized Representative. I also certify that I have read and understand the description of conflict of interest above and as of this date (check one of the two boxes below):  I do not have any conflicts of interest relating to this project.  I have an actual, potential, individual, or organizational (indicate below) conflict of interest. The nature of the conflict is as follows: If at any time during the grant project I discover a conflict of interest, I will disclose that conflict immediately to the State’s Authorized Representative. Grantee AR’s Printed Name: Date: Grantee AR’s Signature: Organization Name: _____________________________________________________________ Project Name: __________________________________________________________________ Legal Citation: ML______, Chapter ______, Article ___, Section ___, Subdivision ____ --------------------------------------------------------------------------------------------------------------------------------- State AR’s Printed Name: ________________________________ Date: State AR’s Signature: ____________________________________ DocuSign Envelope ID: AB89A868-15F9-41A0-A3C0-A2266CDC7A22 Andrew Coyne DATE: July 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Purchase Request for Pressure Washer BACKGROUND From the 2023 Capital Outlay budget, there are additional funds left over from playground projects that can be allocated towards the purchase of a new pressure washer that can be loaded into a 1-ton truck. With the recent completion of portions of the Chestnut Plaza, the maintenance of the pavers will require a monthly cleaning of those pavers. Currently, the City does not have a portable pressure washer that could be used in this area, as well as other areas in town that should be pressure washed. Staff has received an equipment quote from Hotsy Minnesota for a new skid pressure washer that will fit into the back of a truck. Under State Contract, the quote is $15,682.37. RECOMMENDATION It is recommended that City Council considers and authorizes the approval of the purchase of a pressure washer from Hotsy utilizing funds available from remaining playground project funding. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion authorizing the approval of the purchase of the skid pressure washer from Hotsy Minnesota. DATE: June 29, 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 Type Address Owner/Applicant Occupancy Type License Location Number of Licenses Short-term home rental 1911 Pine St W Jessica Matel Non-Owner Occupied Outside of Downtown Area 34 of 50 ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. Memo TO: Mayor and Council FROM: Doug Brady MEETING DATE: July 5, 2023 RE: 2023‐2024 St. Croix Valley Recreation Center and Lily Lake Arena facility usage rates DISCUSSION Due to increases in repair costs due to aging equipment and the increased maintenance, staff would propose that the Council consider recommending an increase in the rental fees for the Recreation Center and Lily Lake Ice and the Recreation Center Field House for the 2023‐2024 seasons. The current rates are as follows: Prime Time Non‐Prime Time Rec. Center Ice $230/hour $175/hour Lily Lake Ice $225/hour $175/hour Full Field House $330/hour $265/hour Half Field House $230/hour $195/hour Staff has obtained the current rates from our peer facilities and our rates remain far below and competitive to these facilities. The following table illustrates current rates for comparable facilities for each of our facilities. Facility: Comparable Facility Rates: Recreation Center Ice & Woodbury $240/hour Lily Lake Ice Cottage Grove $240/hour Eagan $240/hour Full Field house W St. Paul $360/hour Bielenberg $350/hour Vadnais $350/hour For the 2023‐2024 season staff is proposing that the rates to rent the facilities increase. The proposed rates are as follows: Prime Time Non‐Prime Time Summer Ice Rec. Center Ice $235/hour $180/hour $180/hour Lily Lake Ice $230/hour $180/hour $180/hour Full Field House $335/hour $270/hour $180/hour Half Field House $235/hour $205/hour $180/hour STAFF RECOMMENDATION Recommend City Council approval of the above proposed rate schedule for the 2023‐2024 season. City of Stillwater Washington County, Minnesota RESOLUTION 2023‐ RESOLUTION AMENDING RESOLUTION 2022‐172 ADOPTING 2023 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2022-172 entitled “Resolution Approving the City of Stillwater 2023 Fee Schedule” on December 20, 2022. NOW THEREFORE, BE IT FURTHER RESOLVED that Resolution 2022-172 is hereby amended to reflect the following rates for the 2023-2024 season: XI.ST. CROIX VALLEY RECREATION CENTER RATES: Hourly Rates: Prime Time Non‐Prime Time Summer Ice Rec Center Ice $235/hour $175180/hour $175180/hour Lily Lake Ice $230/hour $175180/hour $175180/hour Full Field Hours $335/hour $265270/hour $170180/hour Half Field House $235/hour $195205/hour $170180/hour Adopted by the Stillwater City Council this 5th day of July, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Joseph Kohlmann, Acting City Clerk DATE: July 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Proposed stop signs at intersection of Rice Street & Greeley St. N BACKGROUND Stop signs have been requested at the intersection of Rice Street and Greeley Street N. Currently this intersection is uncontrolled, meaning that there is no required stop or yield at any legs of the intersection and there is a restricted view at the intersection for the eastbound traffic on Rice Street. A stop sign would require road users to stop in order to adequately observe conflicting traffic on Greeley Street. It is proposed that a stop sign be installed on the west bound approach as well. RECOMMENDATION Staff recommends that atop signs be installed east and west bound on Rice Street at Greeley Street N. ACTION REQUESTED If Council concurs with recommendation, they should pass RESOLUTION 2023-___ APPROVING STOP SIGNS FOR EAST AND WEST BOUND RICE STREET AT GREELEY ST. N. City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING STOP SIGNS FOR EASTBOUND AND WESTBOUND RICE STREET AT GREELEY STREET N WHEREAS, the City Engineer received a request for stop sign installation at the intersection of Rice Street and Greeley Street and WHEREAS, the City Engineer has reviewed and recommended the request NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater, that the stop signs be installed at the following location: Eastbound and Westbound Rice Street and N. Greely Street. Adopted by the Stillwater City Council this 5th day of July, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Joseph Kohlmann, Acting City Clerk DATE: July 5, 2023 TO: Honorable Mayor and Councilmembers FROM: Mick Greiner, Facilities Manager SUBJECT: Summit Fire Protection to Replace Ramp Equipment BACKGROUND The fire alarm at the Parking Ramp is original equipment from 2009. We continually receive phone calls regarding alarms. It is my recommendation that we hire Summit Fire Protection to repair / replace any and all equipment that is obsolete or not properly working. RECOMMENDATION Staff recommends Council approve and award the proposal for professional services to Summit Fire Protection for repair/replace fire alarm equipment. ACTION REQUIRED If council concurs with the recommendation, they should pass a motion to approve and award the proposal to enter into the agreement with Summit Fire Protection. AG REEM ENT FOR PROFE SS IO NAL SE RV ICES T l IIS AG REEMENT ("Agreement"") is made and executed this 5th day or .July . 2023. by and between the City of Stil lwate r. 2 16 4th Str eet I orth. St ill water. Minnesota 55082. c··Ci ty .. ) Summit Fire Protection. 575 Minnehaha Avenue West. St Paul. MN 55103 ('·Consultant"). WI IERF:/\S . the Ci ty has accepted the proposa l or the Consultant for ce rt ain professional Services: and WI IERE/\S. Services under this agreement. a re general I~ described as: replace/upgrade li re alarm system panel at the Stillwater Parking Ramp. W I IL::RE/\S. Consultant desires to perform the Se rvices for the C it y under the terms and cond it ions set forth in this Agreement. NOW Tl IEREFORE. in consideration of th e mutua l considerat ion contained he rein . it is hereby agreed as follovvs: I. SERVICES. a . C it y agrees to engage Consultan t as an independent contractor for the purpose or· pe r form ing certa in prol"essional Serv ices ('·Se r vices .. ). as defined in the r·ollowing document : A proposa l dated 06 /02 /2023 . incorporated herein as Exhibit/\: b. Consu ltant covenants and agrees to provide Services to th e satisfaction of the City in a timely Cashion . as set forth in the Exh ibits . subject to Section 7 of'th is /\greemen t. 2. PAYMENT. a. City agrees to pay and Consu lt ant ag re es to receive and accept payment for Serv ices as set forth in the l:xhibits. b. /\ny changes in the scope of the work of the Services that may n.:sult in an increase to the compensation due the Consultant shall require prior w rit ten approval b) the authoriLed representative or the Ci ty orb) the Cit) Council. The C ity \\'ill not pay additiona l compensat ion f'or Services that do not have prior v,,rittcn authorization. c. Consu lt an t shal l submit itemi7.ed bills fo r Se rvices provided lo City on a month I) basis. Bills submitted sha ll be paid in the same manner as other cla ims made to City. 3. TERM. The term of' this /\gre emen t is identified in the Exhibits . This Ag re ement may be extended only upon the wr itt en mutua l consent of'the parties for such add it ional period as they deem appropriate. and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination bv Eithe r Party. This /\greernent may be terminated by either party upon 30 days· wr itten no t ice del ivered to the othe r party to the add re sses I isted in Sect ion 13 of th is Agreement. Upon termination under th is provis ion. if the re is no defau lt by the Consultant. Consultant shall be paid for Se rvices rendered and re imbursab le expenses unt il the effective da te of· termination . b. Te rmination Due lo Derault. This /\grccment may be termina ted by either pa rty upon wr itten notice in the even t or substan ti al failure by the other party to pe rfo rm in accordance w it h the terms or this /\grcement. The non-performing party shal l have fifteen ( 15) ca lendar days from the date ol'the te rmination no t ice to cu re or to subm it a plan lor cu re that is acceptable to the other part ~. 5. SUBCONTRACTORS. Consultant shall not en ter into subcontracts for any or the Services provided fo r in th is Agreemen t withou t the express w ritten consent of the City. unless specifica lly provided for in the Exh ibits. The Consu ltant sha ll pa) any subcon tracto r invo lved in the perfo rmance ol' this Agreemen t w ithin the ten ( I 0) days o l' the Consultant's receipt of' payment by the City for undisputed services provided by the subcon trac tor. 6. STA 1 DARO OF C/\RE. In perform ing its Se rvices. Consultant wil l use that degree or care and sk ill o rdina r ily exercised. under sim ilar circumstances . by reputable members or its profession in the same loca lity at the time the Serv ices arc provided. No wa rr anty. express o r imp lied. is made or intended by Consultant's undenak ing here in or it s performance of Services . 7. Dl:::LA Y I PERFORMANCE. 1 e ithe r C ity nor Consul tant sha ll be cons idered in defau lt of this Ag reement lor de lays in pe rfo rmance caused by circumstances beyond the reasonable control of' the nonpe rforming party. Fo r purposes o f this /\greement. such circumstances inc lude. but are no t li mited to. abno rma l weathe r conditions; noods; ea rthquakes : fi re: epidemics : war . rio ts. and other civi l d isturbances : strikes. lockouts, work s lowdowns, and othe r labor disturbances: sabotage: judicia l restraint: and inabili ty to procu re permits. licenses or authoriza tions f'rom any local. sta te, or federal agency for any of'the supplies. materials . accesses . or se rvices requ ired to be prov ided by either C it, or Consultam under th is Agreemen t. If such circumstances occu r. the nonperfo rming pa rt) shall. \\i thin a reasonable time of' being prevented from perl<.>rm ing. give \,vritten no t ice to the other party describing the c ircumstances preventing continued performance and the efforts be ing made to resume performance ol'this Agreement. Consu lt ant will be entitled to payment for its reasonable additiona l charges. if' any. due to the delay . 8. CITY'S REPRESENTAT IVE. The C ity has designated Mick Greiner. to act as the City's rep resentat ive with respect to the Se rvices to be pe r formed under this Agreement. He o r she sha ll have comple te authority to transm it inst ructions . rece ive info rmat ion. interpret. and define the C ity's po li cy and dec isions w it h respect LO the Services covered by this Agreement. 9. PROJECT M/\NAGER A D STAITl 1 G . The Consu lt ant has des ignated Zach Wilson. to be the primary contacts fo r the City in the performance of'the Services. They sha ll be ass isted by othe r staff members as necessary to fac ilitate the complet ion of the Serv ices in accordance with the terms establ ished he re in. Consultant may no t remove or replace the des ignated staff withou t the approval of the C it y. 10. INDEMN IFICAT ION. a. Consul tant and C ity each agree to defend. indemnify. and ho ld harmless each other. its agen ts and emp loyees. from and against lega l liabil ity f<.)r all cla ims, losses, damages. and expenses lo the extent such claims . losses. damages. or expenses a rc caused by its negligent acts. erro rs. or omiss ions. In the event claims . losses . damages. or expenses arc 2 caused by the join t or concurrent negl igence of Consultan t and City. they shal I be borne by each pa rty in 1xoporti on to its own neg ligence. b. Consu ltan t shall indcnrnifi· C ity against legal liab ility for damages ar ising out of claims by Consultant ·s employees. Ci ty shall indcmnili Consulwnt against legal liability 1·or damages arising out or· claims by Ci ty's cmplo) ces. 11. INSURA CE. During th e pe rformance of the Se rvices unde r this /\grcemenL Consu lt ant shall main ta in th e following insurance: a. Genera l Liabil it y Insurance. w ith a lim it of $2 .000 .000 for any number of' claims arising ou t or a s ingle occu rr ence, pursuant to Minneso ta Sta tutes, Sect ion 466.04. or as may be amended: b. Professiona l Liab ilit y Insurance . wi th a limi t or $2 .000.000 fo r any number of' claims ar is in g out or a single occu rrence. c . Wo rk ers· Compensation Insurance in accordance w ith statutory requirements. d. Au tomobile l,iab ility Insurance . with a combined sing le limi t or$ l.000 .000 for each perso n and $1.000 .000 fo r each acc id ent. Consu lt ant shall furnish the C it y with certificates of insu rance. wh ich sha ll include a prov ision tha t such in surance shall not be canceled w it hout writ ten notice to the C it y . The C ity sha ll be named as an add itional insured on the Genera l Liability In surance pol icy and the Professional l.iability Insurance po li cy. 12. OWNl :RSI IIP OF DOC U:v'll ·:NTS. Prol"cssionul documents. draw ings . and spec ificat ions prepa red by the Consu ltant as part of'the Services shall become lhc property ol"the Cit: ,,hen Consu ltanl has been compensa ted for a 11 Services rendered . provided. howeve r. that Consu lt ant shal l have the unrestr icted right to their use. Consul tanl shal l re tain its rights in its standa rd drawing de tails. specifica ti ons . databases. computer softv,·'are. and o th er propr ietary property. Rights to propr ietary intel lectual prope rt y developed . uti li zed . or mod ified in the perforn1ance of the Services sha ll rema in the propert y of the Consu ltant. 13. NOT ICES. ot ices shall be commun icated to the follow in g add resses: lfto C it y: C it y of Stillwater 216 4111 Street North Slillwa ter. MN 55082 A tt ention: M ick G re ine r O r e-mailed: mg reiner@ stil lwa tcrrnn.gov I I' to Consultant: Summit rire Protection 575 M inn ehaha Avenue Wes t St. Paul. MN 55103 /\ttcntion: 7,ach Wi lson Or e-ma iled: .com -------------'-'~ T CONTRACTO R ST/\T u S. /\ 11 sen, ices provided b) Consu ltant. it s of'ficers. agents and emp loyees pu rsuan t lo th is Ag re ement shal l be prov ided as emp loyees ol'Consultant or as independent contractors of' Consul tant and not as employees of the C it ) for any pu rp o~e. 3 15. GENERAL PROVISIONS. a. /\ss ignment. Thi s Ag re ement is not ass ignable without t he mutual written agreement or the parties . b. Waive r. /\ wa iver by either City or Consultant of any breach or this Ag reemenl shal I be in w ri t in g . S uch a wa iver shall not affect the wa iv ing party's righ t s wi t h respect lo any o ther or fu rthe r b reach. c . Governing Law. This Agreemen t sha ll be construed in accordance w ith the laws of'thc State of M innesota and any disputes regarding th is Agreement must be brought by civil act ion a nd must be venued in Wash ington County District Cou n. d. Scverab ility . l f'a n y te rm of this Agreement is found be vo id o r in valid . such invalidity shall not affect the remaining terms or this Agreement. 1,,vhich shal l cont inue in f'ull lorce and effect. e . Data Practices Com p l iance. /\II data co llected by the City pursuant t o this Agreement shall be subject to the Minnesota Government Data Practices Act. Minnesota Statutes. Chapter 13 . f. Entire Agreement. This Agreement constitutes the entire agreement of the part ies and supersedes a l l prior communicati ons. understandings and agreements re la t ing to the sub_j ect mailer he reof. whether o ra l or writt en . Ir this /\greement conflict s with terms and cond it ions st ated in t he Proposa l. this Agreement sha ll govern . CITY OF ST ILLW ATEH By:---------------- Ted Kozlowski. Mayor 13y : -------------- Beth Wolf. C it y Cle rk Date :--------------- 4 SUMM IT FIRE PROT ECT ION 8y: ------------- IL:--------------- Da te: -------------- Project Desc r ipt ion : Fire /\la rm System Panel Stillwa ter Pa rk ing Ramp 5 ~ SUMMIT FIRE PROTECTION Proposal and Co ntract Summit 1:ire Protec ti o n c-·Surnm i r ·) makes the following pro posa l (the .. Proposal"'): Date: .J une 2, 2023 Subm itt ed To : City or Stillwater Attention: Regard i ng: 216 N . 4•h Street Stillwater. MN 55082 Mick Gre i ner 651-219-0669 Fi re Alarm System Projec t Name: Stillwater Parki1w Garaoe Add ress: 200 2'"1 Street o~th '=' St ill water. MN 550 8 2 I appreciate the opportuni ty to provide this proposal to rep l ace /upgr ade the ex isting. fi r e ala r 111 system. SCOP E OF WORK 1) Replace exist in g malfunct i on in g li re ala r m control pane l with new addressable fire alarm contro l pt1ncl ( rotilic r ). 2) Prov i de new cellular communicator and one-yea r subscript i on to central sta tion mon i to r ing. 3) Provide di rect one-fo r-one rep l aceme nt or ex i sting devices w ith new addressable dev i ces . This includes: a. (7) smoke de te ctors . b. ( 4) heat detector s. c. (I ) manual pu l I stat io ns . d. (3) relay modules. e. (8) cei ling mount horn/strobes. r. (2) wal I mount strobes . Note : Ex ist i ng w i ri ng wi ll be re-used. If existing wiring i s not usable an addi t ional cost will be provided to owne r prior to rep l acement. 4) Programming and test i ng ar c i ncluded. 5) Tax and shi pp ing are inc l uded. EXCLUSIONS I ) A rtcr hou rs labor. 2) Painting o r Patch i ng. J) l.~xternal cellular an tenna. l f new· eel I dialer does not have strong enough signal an external ant enna or phone l i nes may be required. 4) Dra\vi ngs . submittals. perm it s. o r perm i t fees. This wi ll be a direct one-for-one replacement of existing system . 5) Addi tional items tha t are not indicated on t his co nt ract \\'hich may be requested by owner. any insurance ag.enc:. o r Authority Having Ju ri sdiction (/\11.l ). Surnrn it shal I pe r form the above-described work at the fol l owing pr ice: 59,842.00 (the "Contract Price"). 67!:J M innl:?nol,o Avenue W I Su1nt Pciu., MN 551t)3 I Te· 6!:.: 2~1.'1880 I F .. ;x 6.Sl.251.18/9 www.summitfiro.com ~ SUMMIT FIRE P R OTECTION S DI.\I IT C O;\ll',\\'11::S PROl'OS.\I. ,\\'I) C O ,\"IR,\(T G 1·:."IEIUL C'O:'-DI T IO,\'S i'hcse General Condi tion~ a rc aHachcd to anti made a pan nfthc Summit Proposa l and Contrac t to II hich the) arc auachcd (collceti ,·el). the ··Co11trnc1··i as iri'ull) set fonh on the front page of' the Comract. /\s used in these General Condi tions. --summit." "(h lll:r ." --Projce t." and "Co11tr:1ct Price" ,hall htl\<: the same meanings as those term, lul\e in the ('ontrnet. Pa, 11H.:nt. 011 ncr agree, to pa) the Contract Price for the Project as and \\'hen n.:quin.:cl in the ( ·ontract. If 0 11 ncr l'uib to p;1) the Contract Prkc. 11r an) installment thcr.:ot: 11 ithin ten ( I 0) dH), a lier the date the ~ami.: i, dm.: anti pa) able. ()11 ncr ,hal I auto111atirnll) he as,c,,c<I anti ,hall p:I\ a late charge equiq1lcnt 10 three percent (3~o) of the amount 0 1· such hue JXI) ment. togcther II uh interest on such late pa) mcm al the lo11cr of the maximum ra tc allowed b) upplicabk lil\\ or the rnh: 11f cightccn percent ( 18°0) per annum. 2 Clu11Hres. Except for subst itutions. as described belo11 in this paragraph. an) alteration or mod ifkation to the l'ro.iect must be documented and appro,cd b) Summ it and O\\ncr by a 11rit1c.:11 change order signed by Summit and 0 11 ncr. Summ it rcsenes the right 10 n;quire 0 11 11er to pa ) i<>r al l change order items (labo r. equ ipment and an) o the r materials) at the time o J's igning the cha nge order. In the e ,·enl ()J'discon tinuatiuns. changes o r the una , ailability of spcci lic equipment o r materials described in the Specifications . Summit " ill have the r ight to substitulc cquipment and mmc r ials "ith substan tially sim ilar qualit) and lcatu rcs: provided. ho ,ve ,·cr. that iJ'thc replacement items arc mo re expcnshc. then Summit shall noti l) O wne r and O" nc r ma) elect \\'hether to pa) the add it iona l expe nse (as an increase Lo the Co nt ract Price) or 10 mocl if) the Proposal 10 include less cxpensi , e items. if available. that \\'Ou ld no t increase the Con trac t Price. J Limited Warran t\', /\II materials and labor supp lied b) Summit will be 11a rran tcd for one (I)) ca r l'rom the dn te ol' comple tion of the l'n~jcct. L pon request. Summi t "'ill suppl) a sig11cd \\'a1Tant) lctt<::r to Owner. \\hich states the completion date of the l'rojcct and the 11 arranl) termination da te. Certain cquipment llHl) includc ma 11 u fi1cturcr·s "arrant ic~. Summit provides no additional 11 arr,111t ) on such equipment. 011ncr shall ha\'e the right to seek enfon.:emen t ofan) such 111a11ufacturer's "arrant). Summ it shall hme no ohli~wtion to ~ct>J.. e11forcc1rn.:nt or llll) such manulacture r·s \\'ananty agai ns t the ma nufac ture r. Any labor or other scr, ices n.:ques ted b) Owner or Summit in conne<.:tion II ith Summ it's 11·a rra11ty a flc r the one (I) yea r 11arrnlll) 11.:r111i11ation elate shall be paid b) O"'ncr to Summi t based nn Summit'~ standard Ices ,md charges at the time. No other express or implied 11 arramies a rc made b) Summit. Summ it's \\'arranty shall not apply \\'ith respect 10 misuse. abuse or an) UM! that is not in conform ity wi th a ll applicable specilicatio ns and instructions. b .ccpt as specifically set forth in this Contract. 'iun11ni1. and/or its agents and n:prcscntatives makes no warrant) or representation. e:--press or implied. 11 ith respect to use. co11~1rnc1io11 standards. 11ork111anship. ma terials. merchantab il ity o r fitness for a particu la r purpose. I axes. An ) ta:-..es or other gcl\crnmcntal charges related to the Project shall be pa id by 011 ncr to Summit anti shall he in addit ion I() the Contnict l'rice. In .1ddi tion. if'an) fee, o r permib (,uch a, onc or more build in!! pcrm ib) arc n:qu ir.::d in connection 11ith tlw l'roject. 01111er shall secure nnd pa~ for an) such !'.:cs and permits. the cost 01·11hio.:h shall be in addition to the Contract l'ric.:e " l 'na, oidabll' Dehn~-ro thl! c,lcnl an) ti1nc p1.:riod l(u· perfi)nnc,ncc b) Su1n1nil ctppl li:!'o. Su 1n1nil sha ll nnt b~ 1\.:~ron:'\ihk f(ll" all) dcl:1) ~ du!.! lo federal. ,talc o r municipal actions or regulation,. ,iriJ..e, or other labor ,hortag.e,. cqu1p1m:n1 or other material, dda), or ,honnges. ill'h or omission, oJ'O\\'ncr. o r an) o thcr c,cnb or cau~es bc) ond the control or Summit. (, /\<.:ce,~. O"ner shall allo11 Summit lo han: reasonable access to th c_job sitc to al lo11 the comple tion of'the l'rnjcct on the dates and at the time, requested h) Summ it pc rsonnd. 7 R isl-of Loss. Ri sk nf' loss shall pass to O"'ncr a t the time the equipmen t and other ma terials tha t arc pa rt of the Projec t arc deli , c red 10 the job site. f'his 1neans tha t. for examp le . in the event of damage o r destruction due lo casmtlt)'. or in the c1·c nl o J'thefi. o,~ncr sha ll be n.:sponsib fe for payment for such equipmen t and materials e,cn if'the Project has no t been completed. Title to the equi pme nt and ot her ma te rials slrnll be held b) Summit until payment in full of'thc Contract Price . at 11 hich time 1it lc shall pass to 0\\'ncr. Summit shall ha ,·c the righ t to remove the equipment and other materia ls that are a part ol'the Project if payment of1he i'ull Comract Price is no t made by O "ner immecliatc ly upon comp let ion of the Project. T h.it righ1 shall be in addition to. a nd 1101 in li m itat ion o f'. Summ it other ri!!ht~ and remedies. R \I ECI IA,"I I C LI E.\' :"I OTIC'E. Y()Ll ,\RE E~TIT L E D l '.\'l>ER \11 :\'XI::S OT ,\ L \ \\'T O T H E FO LLO\\'J.'\G .\'OT I C E: (a ) ANY PER SON OR CO M PANY SU PPLY I NG LABOR OR MATER IA LS FOR TH IS I MPROVEMENT TO YOUR PROP ERTY MAY FI LE A LIEN AGAI NST YO U R PROP ERTY I F T HAT PERSON OR CO M PAN Y I S NOT PA I D FOR T HE I R CONTR I BUTI ONS. (b) U NDER M I NNESOTA LAW, YOU HAVE T HE RIG HT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERI ALS FOR T HIS I MPROVEMENT DIRECTLY AND DEDUCT T HIS A M OUNT FROM O U R CONTRACT PR ICE, OR W ITHHO LD T H E AMOU NTS DUE TH EM FROM US UN TI L 120 DAYS A FTER COMPLETI ON OF THE IM PROV EM ENT UNLESS WE G IVE YOU A LIEN WAIVER SIGNED BY PERSONS W HO SUPPLIED ANY LABOR OR MATERIAL FOR THE I MPROVEMENT AND WHO GAVE YO U T )M ELY NOTI CE !:,/5 Mmneh.ih.i /'w•~n H;) \N I 8.,1.-, P."l,, ·.;~ 'J 1 1 )'3 <:' ..;~: 2:.,~ ~ ~>!L I I .ix oE-1 251 18/J www.sumrnitfire.com ~ SUMMIT FIRE PROTECTION <J I.imitation or Liabilit, and Ri:111.:dic~. l h.: l'roji:ct i, not an insurance polic~ nr :1 substi1u1<.: for an in,manc.: pohc) In th.:.:, cnt ofan) hrcad1. ddauh or 111:gligcncc h) ~ummit untkr this C'rnma<.:l. 01111.:ragrccs that the 111a,imu111 liabilit~ of'.-,u111mi1 ,hall not c:,cccd an llmOlllll .:qual to the Contract !'rice. O"nc:r <.:.,pn:ssl) \\ahcs ail) right to 111ak<: an ~ cl:1i111 in <.:,cc,, of that amount. h1nhcr. ( )\Iner 11 a11 i;s an) right to an~ c laims for punitil'c. c.:..cmplat') or conscquem ia l dmnages. O "nc r shall pro , idc '>11111111i111 ith rca:-onablc notice nfan) claim and a reasonabk opportunity to cure the alleged bre ach or ddi1ult. Owner shall indemnil~·. defend and hold Su111111i1 harmless from and against claims. actions. costs and expenses. inc luding reasonable leg.al Ices and eosts. a rising out o r an ) in.iur}. death or damage occu rr ing on 11 r about the ,ioh si te unless cm1sed b) th e gross neg li gence o r willful misconduct of'Su111111i1. 10 0 \\ncr·s Failure to I'm·. l f0 11'nc r fails to pay a il) amoulll due to Summit as and when requ ired . Summit shall ln11 c the r ight. but 1101 thc obligmion. to imm edia te ly stop \\'Ork on th e Pro,iect and Summit ma) pursue an" and all available n:mcdies. includi ng the righ1 to place a lien against the Project si t..:. In addition. 0 11 ncr sha ll be obliga1cd to reimburse Summit fur re<1sonable le!!,al Ices and co~ts incu rre d h) Summit in the cnli)l'(.:t:111en 1 or this Contract. I I Binding .'\rbitratiun /\~reemen t. b . .:..cept as othern isc set forth in Section IO abo, c . in the c, cnt or ml) dispute bet11ec11 ()" ncr and Summit. 11 hcthcr du ring the performance uf the "ork and scn·ice s contemp la te d under this Con1rac1 or al'tc:r. 011 ner and Summit agree to negoll,ll<.: in good faith w11arcls the resolution of'the dispute. lfO"ner a nd Summit arc unable I() n.::-ohc the dispute 11ithin 111ent) (20) da ~s after th..: date the dispu te arises. the n Owner a nd Summ it agree 10 rcsoh·e the dispute through binding a rbitrntion. All disputes arising Olli ol'or relating to 1his Contract includ in g. ll'ithout limitation. c la im s re lating 10 the lo n natio n. performance or interpretat ion ol'th is Con tract. and claims of11cglige11ce. breach of comract and breach of warrant). which a rc not rcsoh cd e ither th rough direct negotia tion as prov ided abo\c. shal I be rcsoh eel b) b ind ing arbilration under the Construct ion Industry Arbitration Ru les of the Ame rican Arbitration /\ssociation then in effect. r his arbitration agreement w ill be g.o ,ernccl by the Federa l /\rbitration Act and the Minncs11t11 Uniform Arb itration A1.:t. Arbitration 11 ill be co1mnc11cccl b~ \\l'illcn demand for a rbi tra tio n lilcd with the /\mcrican Arbitration /\ssociation and the notice or fi ling. together" ith :1 copy o ft h..: ll'rillcn demand for arbitrat ion. be pro, iclcd to th e (llhcr pa rt y in accordance " ith the notice pro, isions ol' this Contrac t. I !011c\'cr. no a rb itrn1 ion or legal action "ill be commenced l<lllO\\'ing c,piratinn of1he application s1a1u1c oflimirn tions or repose. Judgment on 1he arbi1ra1io11 all'ard "i ll be confirmed in an) court II ith jurisclic11on . Owner 1111d Summit agree tha t ,11 1) subcontractor. mmeri,11 supplier. or sub-subcontractor ma) be mack a pan~ 10 the arbitration proceed ing. Venue for the arbitral ion II i II be R,1111sc) Cou1ll:. M inncsota. Summit e .,prcssl) rc~er, ..:~ all mechanic, li\:n rights under Chapter 51·1 of the Minncsola S1atutes and ma:, take s11eh oth..:r kgal action a'i is needed lo pcrli:ct ,uch righ1s. !'he pnl\ isi11ns contain<.:d in thb parngrnph "ill sun ii e the L'ompk tion or constru..:ti<>ll and t<:rm ina1io11 of thb Co11tra1.:1. L! .\lisccllancou,. l hc headings u~i;d heri.:in arc for comenienc<: 11111: and arc not tc, be u,cd i11 i11tcrprc1 i11g this Contract. I his Co111rnc1 shall be construed. en !a rc ed and interpreted under the la11s of the Sta te of M inn csota. Thb Contrat.:t ma} 1101 be modi lied. amended o r changed oral!). but 0111) b) an agreement in writing signed by the panics hereto. Ne ither party shall be deemed to ha\'C "ai,ed an) righ1s under this Contract unless such ll'ai ,·cr is g il en in writing. and signed by such part). If a il) pro , is ion of 1 his Con trac t is in , al id or unenforceable. such pnll is ion shall be deemed to be modified 10 be wi1hin tht:: li mits ofcnlorci:ab ility or validi t). if fcas iblt:: l1<)\\'C1er. if the olkndi11g prm ision cannot be so modilicd. it s hall be st rick.:n and all other prol'isions oflhis Contract in all other respects shall remain va li d an d enforceable. T his ('0111rac1 is not assignable b) O "ner. !'his Co111ract b the ent ire agreemen t between the part ic~ re ga rdin g th e subject mauer ofthi~ C'ontrac1: an~ prio r or simultaneous oral or "rittcn agreement regarding the subject matter hereof is superseded by this Con tract. 575 Minnehaha A·1erue W. I Sv1nt Pau,. MN 55103 I Te bSl 2511880 J Fax: 851 25118/0 www.summitfire.com ~ SUMMIT FIRE PROTECTION Completion ofrhe Project: Summit offers to provide to Owner the equipment. supp li es and mate ri als, as well as the in stallation services and labor to comp lete the Project. as described in the Specifications. This Proposal shall be null and void. at Summit's option. if Summit docs not receive a signed acceptance of this Proposal by Owner within thirty (30) days. Summit reserves the righ t to adjust all prices based on the cost of materials at the time this Proposal is accepted by Owner. In order to gua rantee pricing. Owner may be required to pay for materials at the time of'acceptance of'this Prop osal. General Conditions: The Genera l Conditions attached to this Proposal arc a part or this Proposal. Upon acceptance or th is Proposal by Owner, the General Conditions will be a part of' the contrnct bcl\\ccn Summit and Ch ner. O W 1'\E R ACCEPTA NCE O F PROPOS A L SUMMIT FIRE PROTECTION: By: ,J?a,e,,i tt?i&,67//i' S ignature Zach Wilson Print Name Sales Rcprcsentat ive Summit Fire Protection Phone: (65 1) 288-0676 Summit's Proposal is hereby accepted and agreed to by Owner. Owner acknowledges that Owner received and re ad the Proposal and the attached General Conditions. Upon acceptance by Owner, this Proposal. along with the attached General Conditions, will be a binding contract between Summit and Owner. OW NE R: B y: Signature Print Name Date SlS Minnehaha Av,~riue W. I S;;wit Pau MN 55103 I Tel "351 251 i880 I r·cix · 661 251.1879 www.summitfire.com Date: June 30, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Revisions to City Charter On May 16, 2023, this was on the Council Agenda for a first reading, however, only a summary of the ordinance was published, not the complete Ordinance, so we need to put it back on the Agenda as a public hearing. ACTION REQUIRED The City Council should review the above suggested revisions to the City Charter and make a motion to approve the First Reading of the attached ordinance amendment to the City Charter. DATE: May 12, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Revisions to City Charter As part of the City Code revision process, City Attorney Land and myself also reviewed the City Charter and found a few items that should be amended and they are as follows: 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. The suggested change is: a. General Requirements. The Charter Commission, by resolution adopted not later than May 10, 1992, or within forty-five (45) days after the Legislature has next redistricted, whichever is first, shall divide the City into wards. Also the first and last sentence of paragraph b. Redefining Ward Boundaries should be changed to reflect State Statute 410.12 subd. 7. The suggested change is: b. Redefining Ward Boundaries. The Charter Commission, by resolution, 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 held a public hearing after two weeks' published notice. 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. To keep all election items together, we suggest moving Chapter 21, Section 21- 11 Election Wards in its entirety from the city code and be placed at the end of Article IV Elections in Chapter 1 of the City Charter. We feel this is a more appropriate place. 3. Lastly, two minor corrections should be made to Article V. In Section 5.05 Council meeting records there is a title correction that should be fixed: It is hereby made the duty of the Mayor, or in the case of the Mayor's absence or disability the vice-presidentMayor, to sign the Clerk's records of the proceedings of each meeting of the Council, when the record has been presented for signature. In Section 5.06 Holding other offices there is a double entry in the first sentence that should be fixed: 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 First Reading of the attached ordinance amendment to the City Charter. City of Stillwater Washington County, Minnesota ORDINANCE NO. _____ AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. 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, by resolution adopted not later than May 10, 1992, or within forty-five (45) days after the Legislature has next redistricted, whichever is first, 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, by resolution, 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 held a 2 public hearing after two weeks' published notice. 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 AMENDMENT. 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 3 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 ¼ of the Northwest ¼ and of the Northwest ¼ of the Northwest ¼ of Section 6, Township 29, Range 20 that lies northerly of the following described line: commencing at the southwest corner of the Northwest ¼ of said section 6, thence North 1 degree 14 minutes 50 seconds East, along the West line of Northwest ¼, 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 ¼ of the Northwest ¼ of said Section 6, lying West of the Town Road (als o known as Manning Avenue North) as it now traverses said section 6. SECTION 3 AMENDMENT. 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-presidentMayor, 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 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 EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law.” Approved this ____________day of __________________, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER ANNUAL BOARDS AND COMMISSIONS PICNIC YOU AND YOUR GUEST ARE INVITED TO THE CITY OF STILLWATER ANNUAL PICNIC DATE: Wednesday, August 9, 2023 TIME: Social Hour, 5 p.m. Picnic, 6 p.m. to 8 p.m. PLACE: Pioneer Park in Stillwater (North 2nd Street) Please RSVP by August 2nd so we can plan food accordingly. nmanos@ci.stillwater.mn.us. Thank you! BOARD WORKSHOPS Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 June 27, 2023 - 9:00 AM 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 1.9:00 Board Workshop with Public Health & Environment A.Groundwater Plan Update 2.9:45 Board Workshop with Public Works A.METRO Gold Line Project Update 3.10:15 Legislative Workshop - General Administration, Taxes, and Libraries A.Legislative Workshop - General Administration, Taxes, and Libraries 4.11:15 Board Workshop with Administration A.2023-2024 Draft County Workplan and Priorities * Please note: No official county business or votes will take place during Workshop Only meetings.