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Home My WebLink About2023-08-03 CC Agenda Packet-CHANGED due to Night to UnitelJwr The Birthplace of Minnesota 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING August 2, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Graphic Design Signs (Murals) 2. Waste Management Yard Waste Proposal 3. City Entrance Monuments IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 13. Community Thread 2024 Budget Request - Cathleen Hess 14. Certificate of Appreciation for Tanya Holmgren, Community Development Administrative Assistant 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. July 18, 2023 Regular Meeting Minutes 16. Payment of Bills 17. 225 Hazel St W Encroachment Agreement for Fence - Resolution 18. City Charter Amendment to Elective Officers, Elections, Meeting Records, and Holding Other Offices - Ordinance 2"d Reading 19. City Support of Designation of County State Highway 15 - Resolution 20. Downtown Stillwater Holiday Lights Agreements 21. Flexible Work Arrangement Policy Renewal - Resolution 22. Hydrant Replacement Contract Agreement 23. Short Term Home Rental Licenses 24. Traffic Safety Review Committee Dissolution - Resolution 25. Watermain Break Road Repair Contract Agreement 26. Xcel Energy License Agreement for Mural Painting on Utility Boxes 27. Lakeview Right of Entry — Resolution XII. PUBLIC HEARINGS —when addressing Council please limit your comments to 10 minutes orless. 28. An interim ordinance to prohibit the establishment and operation of a new cannabis business or the expansion of any existing cannabis business within the City until January 1, 2025 and an ordinance Prohibiting Cannabis Use Within Public Property and Public Places — 2nd Reading on both Ordinances XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda August 2, 2023 lJwr The Birthplace of Minnesota 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING August 2, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Graphic Design Signs (Murals) 2. Waste Management Yard Waste Proposal 3. City Entrance Monuments IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 13. Community Thread 2024 Budget Request - Cathleen Hess 14. Certificate of Appreciation for Tanya Holmgren, Community Development Administrative Assistant 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. July 18, 2023 Regular Meeting Minutes 16. Payment of Bills 17. 225 Hazel St W Encroachment Agreement for Fence 18. City Charter Amendment to Elective Officers, Elections, Meeting Records, and Holding Other Offices - Ordinance 2"d Reading 19. City Support of Designation of County State Highway 15 - Resolution 20. Downtown Stillwater Holiday Lights Agreements 21. Flexible Work Arrangement Policy Renewal - Resolution 22. Hydrant Replacement Contract Agreement 23. Short Term Home Rental Licenses 24. Traffic Safety Review Committee Dissolution - Resolution 25. Watermain Break Road Repair Contract Agreement 26. Xcel Energy License Agreement for Mural Painting on Utility Boxes XII. PUBLIC HEARINGS —when addressing Council please limit your comments to 10 minutes or less. 27. An interim ordinance to prohibit the establishment and operation of a new cannabis business or the expansion of any existing cannabis business within the City until January 1, 2025 and an ordinance Prohibiting Cannabis Use Within Public Property and Public Places — 2nd Reading on both Ordinances XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda August 2, 2023 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director Yasmine Robinson, Planning Manager Ben Gutknecht, Assistant Planner SUBJECT: Graphic Design Signs (Murals) BACKGROUND In acknowledgement of increasing levels of support for public art, including murals, the Heritage Preservation Commission has begun a study of the City's rules, regulations and processes related to Murals, defined as Graphic Design Signs in Stillwater City Code. Heritage Preservation Commission Vice -Chair Fitzie Heimdahl will be in attendance at this meeting to represent the Heritage Preservation Commission. Other Commissioners may be in attendance as well, including the Planning Commission. Staff recommends the following considerations. • Flexible Theme and Style: Allow for a broader range of mural themes and artistic styles, encouraging artists to showcase their creativity while ensuring that proposed murals are respectful of the surrounding neighborhood. • Streamlined Permitting Process: Simplify and expedite the mural permitting process, while still ensuring compliance with relevant regulations, to reduce administrative barriers for artists and property owners. • Maintenance: Establish guidelines for the regular maintenance of murals to ensure they remain visually appealing and in good condition over time. EXISTING CONDITIONS Within the Downtown Area, these Graphic Design Signs (Murals) require Design Approval from the Heritage Preservation Commission and Conditional Use Permit Approval from the Planning Commission. Both decisions can be appealed to the City Council. Staff recommends the guidance/direction in updating regulations and procedures related to Graphic Design Signs (Murals). City Code (Zoning Code) states the following in regards to Graphic Design Signs (Murals). These regulations apply citywide. 9 Graphic Design Signs require a Conditional Use Permit • Graphic Design Signs may only be placed on non-contributing buildings, portions of contributing buildings where historic brick or masonry does not exist, or on portions of structures outside of a historic district where historic brick or masonry does not exist Additionally, the Stillwater Design Guidelines state the following. These regulations only apply to the Downtown Design Review District. • Where existing historic painted signs can still be found, leave them exposed or restore them to original colors • Graphic design signs should have a historic theme • Graphic design signs should not advertise a new business or company RECOMMENDATIONS The main pressure points in working with Business Owners and Property Owners include, but are not limited to the following. • Process. Graphic Design Signs require a Conditional Use Permit (+ Heritage Preservation Commission Approval in certain circumstances) • Content. Graphic design signs should have a historic theme (within the Downtown Design Review District) The Heritage Preservation Commission is discussing the following specific changes to Zoning Code. This topic and talking points have also been introduced to the Planning Commission. • Flexible Theme and Style: Update the design guideline —'Graphic design signs should have a historic theme' to allow a broader range of themes • Streamlined Permitting Process: Remove requirement for Conditional Use Permit o Graphic Design Signs within the Downtown Design Review District and Neighborhood Conservation District would still be reviewed by the Heritage Preservation Commission Additionally, based on recent conversations, Staff would request direction from the City Council regarding Graphic Design Signs (Murals) on front facades (of Historic Buildings). Policy Questions • Should we continue to require Design Review (Downtown) + Conditional Use Permit? • Should we allow greater flexibility in Theme & Style? • What about murals on front facades? • Different by corridor? • Main Street • Not Main Street Current Applications RearFacades 14 i water THE BIRTHPLACE OF MINNESOTA DATE: July 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Waste Management Yard Waste Proposal DISCUSSION Waste Management would like propose a service amendment for yard -waste collection. They are proposing all customers in Stillwater receive a 96 gallon cart for collection of yard waste. The carts will be labeled for yard -waste collection only and will be collected with an automated side loader. This allows the drivers to be more efficient and residents will use less bags. Waste Management will continue to collect an unlimited amount of yard waste but will require residents to fill the cart first before adding any bagged yard waste. Waste Management will be responsible for the costs of the carts, including maintainence and delivery of the carts. Residents currently "renting" a yard waste cart will no longer be charged that extra cost. The pricing of yard -waste collection will not change and Waste Management would like to implement this change this Fall. Beth Wolf From: Joe Kohlmann Sent: Wednesday, August 2, 2023 5:32 PM To: Beth Wolf Subject: Fwd: Lift Bridge Brewery THC Beverage Manufacture and Sale Attachments: Lift Bridge Letter.docx; LB THC Sales to Consumer.pdf Below and attached Get Outlook for iOS From: Joe Kohlmann Sent: Tuesday, August 1, 2023 11:11:45 AM To: Korine Land <kland@levander.com> Subject: FW: Lift Bridge Brewery THC Beverage Manufacture and Sale In the interest of keeping you in the loop... From: Brad Glynn <brad@Iiftbridge brewery.com> Sent: Tuesday, August 1, 2023 11:04 AM To: Ted Kozlowski <tkozlowski@ci.stillwater.mn.us>; Dave Junker <davejunker@comcast.net>; Ryan Collins <rcollins@ci.stillwater.mn.us>; Mike Polehna <mpolehna@ci.stillwater.mn.us>; Larry Odebrecht <LOdebrecht@ci.stillwater.mn.us>; Joe Kohlmann <jkohlmann@ci.stillwater.mn.us>; Brian Mueller <bmueller@ci.stillwater.mn.us>; Tim Gladhill <tgladhill@ci.stillwater.mn.us> Cc: Dan Schwarz <dan@liftbridgebrewery.com> Subject: Lift Bridge Brewery THC Beverage Manufacture and Sale [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Councilmembers, Mayor, and City Staff, I am aware that THC and Hemp -Derived Cannabinoids have been a topic of public discussion in the State of MN for how this will be implemented and THC transitions from an illegal substance to an accepted medical and recreational use product. The State of MN just released a great resource for Cities, Manufacturers, and Retailers and I have attached a link below. Please be aware that there is a whole industry of craftspeople and professionals that are ready to respond to the consumer trend that has been percolating since the mid 20th century. Your hometown brewery is one of those professional organizations that is poised to produce high quality beverages for consumers in this market. You may not be aware, but MN Craft beer - and Craft Beer Nationally - is DOWN about 25% this year. Many experts cite spirit based RTD's, THC and Non Alcoholic brands cutting into sales, discount products from mega brands, supply chain, COVID lingering effects, economic factors causing people to have less disposable income, etc... Whatever the case, Lift Bridge, along with other MN Brewers, are staying nimble and figuring out what consumers want. Stalwart Brewer Surly recently came out and said that right now THC products and co -packing are saving their business. LINK Other MN Brewers like Bent Paddle, Modist, Indeed, Fulton, Bauhaus, Dangerous Man, etc... have been already making and selling THC drinks from their Taproom and in market. Our own distributors are commenting that we need to enter this market space before it passes us by and other brands are more established. I implore you to break apart your ordinance regarding Hemp derived THC manufacture, sales, and use into 2 categories: 1. Use in public space, and 2. Manufacture and Sale. The City certainly has the right to decide what happens on its public grounds and if the population and you decide that THC use is not accepted on public grounds, then so be it. As far as manufacturing and sales go, Lift Bridge would like to create high quality THC beverages that adults 1 may purchase and enjoy in the comfort of their own home. Minnesota is one of 21 states that have recognized adults have the right to use THC, as the growing number of recreational users continues to climb amongst ALL walks of life. We have the opportunity to allow professionals within our community to enter this new industry and thrive. The City Council may still remain diligent in approving THC sales permits and I would welcome any of you to our brewery to inspect our QC process and sales process for consumers. We currently have more experience and expertise handling intoxicating beverages than any other business in Stillwater. We need this to remain a strong partner and amenity to the City of Stillwater and residents. We have contributed more time and money to the City, marketing tourism, and charitable organizations than - I think - anyone else in the last 15 years of our existence and we want to remain around for a lot longer to do more good in our community. I plan to come to the meeting tomorrow night and speak during public forum. I have also attached several key pieces of information: 1. State of Minnesota Guidelines for Hemp Derived Cannabinoid Fact Sheet. https://content.govdelivery.com/accounts/MNMDA/bulletins/3683313 2. Letter written to the City Council several Weeks ago from myself / Lift Bridge 3. Letter from John Dugas, owner of Superior Molecular and Stillwater resident, who speaks to the impact that this industry is having - you have other local professionals who are impacted by any restrictions placed on legal manufacture and sale by the City of Stillwater. There are growing numbers of responsible THC users and restricting Lift Bridge from participating in the State of MN legal system for THC manufacture and sale is restricting our success and hurting our business and employees. See you tomorrow night. Cheers, Brad Brad Glynn Co -Owner, VP Marketing Lift Bridge Brewing Company p: (888)-430-BEER ext. 22 m: 651-303-1657 a: 1900 Tower Drive West, Stillwater, MN 55082 w: www.LiftBridgeBrewery.com e: BradOLiftBridgeBrewery.com SUPERIOR MOLECULAR ESTD 00O 2018 t�t Attn: Stillwater City Council Members, Staff RE: Lift Bridge Brewery Hemp Derived THC Beverages and Sales to Consumer Councilmembers, My name is John Dugas, and I proudly serve as the Founder and CEO of Superior Molecular, a leading hemp extraction and manufacturing company based in White Bear Lake, MN. Our company has been a licensed supplier of hemp -derived products since 2017, authorized by the Minnesota Department of Agriculture for extraction and production purposes. Our mission is to supply a premium hemp -derived THC liquid to craft brewing businesses across the state of Minnesota, helping them enhance their product portfolios with innovative and exciting hemp -infused beverages. Collaborating with esteemed breweries such as Bent Paddle Brewing, Modist Brewing, Surly, and Venn, we have witnessed remarkable success in revitalizing the industry. Many of our clients have reported substantial revenue increases of up to 40% over the past year, which fills us with immense pride and satisfaction for the support we offer. Additionally, this new line of business has provided a unique opportunity for beverage manufacturers to utilize their surplus capacity to fulfill contracted orders. This expansion has not only bolstered their business lines but has also contributed to the growth of local communities and the support of small businesses. As a resident of Stillwater, I hold both a professional and personal connection to this matter. We earnestly hope to see Stillwater embrace and allow businesses to enter this emerging and thriving market. With Lift Bridge's esteemed reputation for excellence in the beverage industry, we are confident they will navigate this new territory with the utmost commitment to quality and safety. Sincerely, John M.Dugas 612.804.7365 Founder & CEO, Superior Molecular 1 jF T 1 112 IRIIID�Q,It jjk[�ylnb Brad Glynn Lift Bridge Brewing Co 1900 Tower Dr W Stillwater, MN 55082 Attn: Stillwater City Council Members, Staff 216 N. 4th Street Stillwater, MN 55082 RE: Lift Bridge Brewery Hemp Derived THC Beverages and Sales to Consumer Councilmembers, At Lift Bridge Brewery, we have spent 15 years in business crafting a wide range of beverages and creating awesome experiences for our customers. We have been a community town hall, supported all area non-profit organizations, volunteered to help our community grow an identity, and have always worked to market Stillwater as a destination for out of town guests. The support we have given to Stillwater and dedication to quality has definitely returned to us in the form of great market presence, large social media following, nationally renowned and award winning beers, and a diversity of product portfolio that includes Craft Sodas, Seltzers, and other alternative beverages such as distilled spirit based canned cocktails and slushies. As one of the leading beverage manufacturers in the State, we also strive to comply with all local and federal laws and guidelines. We maintain all necessary licenses to produce beverage of all kinds, and have had multiple federal Dept. of Agriculture inspections as well as State AGE, MCES, Department of Labor, and OSHA. We maintain an incredibly high track record for manufacturing a variety of beverages and having some of the best skilled employees in the Eastern Metro. Like many Businesses, making it through COVID was difficult enough and the long term effects of supply chain disruption and inflation are still very much affecting day to day business and profitability. We also must understand consumer's changing preferences on beverages and brands that they support. We have seen a lot of change in consumer behavior with Craft Beer suffering some slumping in the market, down at least 20% in Minnesota. Our business has suffered and we must diversify to address consumer trends. Some alternative beverages such as RTD (spirit -based drinks) are doing very well and we have pivoted to be a formulation and co -pack partner for some of these brands, which we have to make at our Wisconsin Facility due to current Minnesota regulations. One other brand sector doing very well in Minnesota now are Hemp Based THC products. This is in part thanks to the State of Minnesota recognizing that its population moreover is in support of THC legalization and to let craftspeople, such as Breweries, respond with delicious and innovative products that contain THC. 1 f 112 IRID0, KN�w,ihe The latest legalization bill affirms that Breweries in Minnesota can be bonafide producers of THC beverages for sale through wholesale distribution and direct to consumers. We know how to handle intoxicating solutions: properly storing, blending, testing, and controlling the sale of whether it be wholesale or direct to the consumer. We comply with all Local, State, and Federal taxes and regulations for reporting production of all of our beverages and staying current on taxes. Our employees are well trained in production when crafting and handling intoxicating ingredients, as well as serving to customers, and all hold certifications of training for all aspects. Other breweries in the State of MN are currently making and selling THC products and Lift Bridge is currently at a competitive disadvantage due to the City of Stillwater's moratorium on granting business the ability to sell THC products. We are requesting formally that the City of Stillwater allow Lift Bridge Brewery to manufacture and sell Hemp Based THC products at 1900 Tower Drive West to wholesalers and direct to consumers in accordance with State of MN law, which goes into effect 8/1/23 regarding THC manufacture and sale. This is critical to our business livelihood, as consumer demand has shifted and we need to keep evolving with those demands. We would love to stay at the forefront of businesses that embody community and marketing for Stillwater. We also need to be responsible to our business and all of our employees and their families as we try to remain profitable and growing in a changing market. We welcome feedback and discussion as the Stillwater City Council determines the best policies for its community, as we are a part of this community and pledge to responsibly proceed with evolving our business to include alternative beverages. Sincerely, Brad Glynn Co -Owner and VP Marketing Lift Bridge Brewing Co 1900 Tower Drive West Stillwater, MN 55082 � •r+ 'i' r F a r I' I � — Due to DOT requirements, face masks are appreciated A - 0 McDonaldICUIV'r's Brines 0 Cub Foods Dollar Tree ® Target r - All Buses are Wheelchair/Walker I Accessible -- A ___ mob. Kohl's Menads Michaeis 58th St N 50 19 -% community thread co-" Ken c Lc-ap Latest Revision: November 15Y, 2022 ■ Rivertown O Commons S t U-�-e uiive St w The bus runs on Mondays 10:00am-3:00pm. Refer to times on back for your Housing Community. Get off at any scheduled stop and our bus will be back in 1 hour for another pickup. Retail/Local Destinations O Housing Community Locations Stops by request near Target Stops by request near Walmart Community Ann Eodfavick Thread Apartments Q Stillwater Medical Group Courage Kenny 0 L] Rehab 0 Valley Outreach {,yam ALDI* Walmart Oak Park ® Senior Living C) Green Twig Apartments rtle St E Lakeview Hospital River Market ® Co-op er T M 55 1 Port -Bunn Fairview Cemetery, 9 Birchwood O Townhomes Washingtor County Government Center E "Ok 3bl I O Raymie Johnson Ll Estates For -more romre information contact us at: MEW �� IAS1172Q-r.771 �t��„artarcinMo ab Get out to enjoy your day ... Everyone Welcome Bus Route & Stop Times tvery Monday (except Hoiiday5) from 10:OOam-3:Liu p[n Raymie Birchwood Rivertown River Lakeview Courage Stillwater Valley Ann CUB Green Oak Park Johnson Market Kenny Medical Bodlovick Target Walmart Twig Senior Townhomes Commons Hospital Outreach Foods Estates Co-op Rehab Group Apartments Apartments Living 10:00 10:05 10:11 10:13 10:19 10:23 10:25 10:27 10:32 10:36 10:39 10:46 i 10:50 10:53 I 11:00 11:05 11:11 11:13 11:19 11:23 11:25 111:27 11:32 11:36 11:39 11:46 11:50 11:53 12:00 12:05 12:11 12:13 12:19 12:23 12:25 112:27 12:32 12:36 12:39 12:46 12:50 12:53 i 1:00 1:05 1:11 1:13 1:19 1:23 1:25 1:27 1:32 1:36 1:39 1:46 1:50 1:53 2:00 2:05 2:11 2:13 2:19 2:23 2:25 2:27 2:32 2:36 2:39 2:46 2:50 2:53 Housing Communities Final Drop-offs ... No Pick-ups For questions about the LOOP bus route or schedule, please contact NEWTRAX at (651) 789-6221 or (651) 846-9302 Thank You to all of our Community Partners City of Oak Park Heights Stillwater Hugh J.Andersen � Lakeview Hospital 11�Ia�er. Rotary Lions Club Allllla Stillwater Rotary Club Foundation "`�di1ai""" .. „ ...,,, ,, Stillwater, MN S,jillwater T H ttt=�� E B I R T H P L A C E O F M I N N E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: August 2, 2023 j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES July 18, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins and Dunker Absent: Councilmembers Odebrecht and Polehna Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Ann Wolff acknowledged being on the lands of indigenous people, specifically Dakota, Anishinaabe and Ojibwe land, and honoring all Native people present. PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Stillwater Human Rights Award Presented to Will Antell Sirid Kellermann, Human Rights Commission Chair, Commissioners Melissa May and Nancy Lyner lauded Will Antell's lifetime of advocating for Native American rights. Petina Park, Executive Director of Tribal State Relations, representing Governor Walz's office, read a Governor's proclamation honoring Dr. Antell; and Mayor Kozlowski read a proclamation conveying the Human Rights Award to Dr. Antell. Mr. Antell thanked everyone for the award and recalled growing up on the White Earth Nation. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2023-096, Stillwater Human Rights Award Given to Will Antell. All in favor. Certificate of Appreciation for Jesse Pereboom. IT Technician Mayor Kozlowski read a Stillwater City Council Service Award for Jesse Pereboom for his 81/2 years of service. City Council Meeting July 18, 2023 OPEN FORUM There were no public comments. STAFF REPORTS Public Works Director Sanders updated the Council on the Chestnut Street project, Pioneer Park wall vegetation management, and the North Main Street MnDOT crosswalk project. Police Chief Mueller commended Public Safety staff on the handling of Lumberjack Days events, and urged the public to report possible overdoses. Fire Chief Glaser reiterated that Lumberjack Days went well, and welcomed two new firefighters. Finance Director Provos stated the budget and bonding processes are underway. Community Development Director Gladhill stated that public art and murals are being reviewed, and art on transformer boxes is being considered by Xcel Energy. City Clerk Wolf noted an invitation to a MPCA meeting on recycling and waste. She reminded the Council of the meeting date change to Wednesday, August 2 due to Night to Unite. City Attorney Land stated new laws from this legislative session will be incorporated into the City Code. City Administrator Kohlmann reported the Rec Center budget review has concluded, and the downtown business owners' meeting went well. CONSENT AGENDA July 5, 2023 Workshop and Regular Meeting Minutes Payment of Bills Downtown Stillwater Holiday Lights Agreements Individual Massage Therapist Licenses - Resolution 2023-097 Nuisance Abatement Services Contract Agreement St. Mary's Church Events and Temporary Liquor License Temporary Liquor License for Sunrise Rotary Club 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 Chestnut Street Right of Way Use Community Development Director Gladhill stated that the City was approached by Tianna Nelson of Tossed, a new restaurant at 224 Chestnut Street E, and a few other businesses Page 2 of 4 City Council Meeting July 18, 2023 regarding the use of parking stalls on Chestnut Street west of Main Street, while the street is closed for final completion of the Chestnut Street Plaza. Staff prepared a potential action allowing temporary use of parking spaces on Chestnut on Friday, Saturday and Sunday only between 8 a.m. - 8 p.m. to ensure these do not become more permanent fixtures and do not conflict with weekday construction activities and deliveries. Due to liquor licensing and the need for more permanent seating, staff does not recommend extending this opportunity to restaurants, given the limited timeframe (6-8 weeks). Staff recommends the standard parking stall reservation fee ($9/day/stall). Staff contacted MnDOT about the potential of the same on Main Street, however State Statutes do not allow the same use in that location. Mayor Kozlowski asked about hindering deliveries, and Mr. Gladhill answered that the City allows delivery trucks to move the barricade to enter this block, and then leave and replace the barricade. Councilmember Junker suggested not including Fridays because it is a work day for construction and he does not want to hold up the project. He also is concerned that businesses on Main Street will ask to use the sidewalks in front of their business during construction. He acknowledged this is difficult for everyone on Main Street as well. Mr. Gladhill responded that Chestnut is County -governed and they are open to this use; Main Street is MnDOT-governed and this type of temporary use is not allowed on Main Street. Mayor Kozlowski indicated that he also does not want to impede the project. He supports the proposal without the $9 a day fee. Public Works Director Sanders stated he was told by the contractor they would not be using Chestnut Street at all for construction; he will follow up to verify this. Tianna Nelson stated she agreed that the parking stalls should not be used on Fridays so progress is not impeded. She understands the desire for consistency downtown, but asked how the City will enforce it; and Police Chief Mueller voiced support and stated his only concern is the possibility of the creep into the road. Officers will work with Public Works staff to keep whoever is in that area safe. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2023-098, a Resolution Authorizing Certain Businesses to Rent On -Street Parking Spaces on Chestnut Street During Construction, striking the parking fee and ending it September 30, or upon reopening of Chestnut Street. All in favor. 2024 Street Improvement Project Ordering Feasibility Study Public Works Director Sanders reviewed the proposed project and requested a resolution authorizing the preparation of a feasibility study for street, water main, sidewalk, sanitary, and storm sewer and improvements for the 2024 Street Improvement Project. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2023-099, Authorize 2024 Street Improvement Project Feasibility Study. All in favor. Adult Use Cannabis Regulations - Moratorium and Prohibition on Public Property - Ordinance 1st Reading City Attorney Land summarized the new 2023 law legalizing Adult Use Cannabis, which includes regulation of CBD products. Adult use cannabis may not be used in public, nor in Page 3 of 4 City Council Meeting July 18, 2023 the presence of children, and may not be sold until January 2025. Because there is much confusion in the public about what can and cannot be manufactured, grown, purchased, possessed, sold, and used right now due to the numerous "effective dates" in the legislation, staff recommends adopting an interim ordinance temporarily prohibiting the establishment of new cannabis uses as well as the expansion of existing ones. If approved for first reading, a public hearing will be scheduled for August 2 for final reading. The Prohibition on Public Use ordinance does not require a public hearing, but the second reading will be done at the same time. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt first reading of an Interim Ordinance Temporarily Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis Businesses; and to adopt first reading of an Ordinance Amending the Stillwater City Code by Enacting Stillwater City Code Chapter 52-23, Prohibiting Cannabis Use Within Public Property. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:00 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2023-096, Stillwater Human Rights Award Given to Will Antell Resolution 2023-097, Approving Issuance of New Individual Massage Therapist Licenses Resolution 2023-098, A Resolution Authorizing Certain Retail Businesses to Rent On - Street Parking Spaces on Chestnut Street During Construction Resolution 2023-099, 2024 Street Improvement Project Authorize Feasibility Study Page 4 of 4 11 ater, w THE BIRTHPLACE OF MINNESOTA DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $341,330.17 has been sent to the Mayor and City Council Members to approve for payment. 1 swwsw� Tvater T H E BIRTHPLACE OF MINNESOTA DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Consideration of an Encroachment Agreement (fence)associated with 225 Hazel Street West BACKGROUND The City has received a request from a property owner to allow them to reconstruct an existing fence located along a shared driveway, both of which are located on a City owned outlot. The existing fence has been in place for approximately 20 years and serves as a barrier between the private drive and a steep slope. The fence is located on Outlot A of the Brown's Creek Heights subdivision. Initially, Outlot A was proposed as a private drive for three lots within the Brown's Creek Heights development and the City only maintained a utility easement around the outlot. The City of Stillwater came into ownership of Outlot A after the property went tax forfeit. Once the City came into ownership of Outlot A, the private drive and fence became encroachments on City Property. In conjunction with the City Attorney, Staff seeks the City Council's approval of an Encroachment Agreement that would allow for the private improvement (fence) within a City owned outlot. As a note, Staff will be working with the three neighbors who access on the private drive to come into an Encroachment Agreement for said driveway. Staff will be bringing this back to City Council in the near future. RECOMMENDATION Staff recommends approval of the executed Encroachment Agreement for the fence located on City owned Outlot A, Brown's Creek Heights. ACTION REQUESTED If Council concurs with the recommendation, they should approve the Encroachment Agreement and adopt Resolution approving the private improvement (fence) in association with 225 Hazel Street West to be located on Outlot A, Brown's Creek Heights. ENCROACHMENT AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON OUTLOT A, BROWN'S CREEK HEIGHTS IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS AGREEMENT ("Agreement") is made, entered into and effective this day of , 2023, by and among the City of Stillwater, a Minnesota municipal corporation ("City"), and Nancy L. Jacobs, a single person ("Landowner"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1. Terms. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2. City. "City" means the City of Stillwater, a Minnesota municipal corporation. 4.3. City Property. "City Property" means the following real property located in the City of Stillwater, Washington County, Minnesota: Outlot A, Brown's Creek Heights, Washington County, Minnesota Abstract Property P ID : 21.03 0.20.24.0001 1.4. Encroachment Area. "Encroachment Area" means that portion of City Property legally described on Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein, to be used by Landowner for Landowner Improvements. 1.5. Landowner. "Landowner" means Nancy L. Jacobs, a single person, and their successors and assigns in interest with respect to the Subject Lot. 1.6. Landowner Improvements. "Landowner Improvements" means Landowner's fence which will be located in the Encroachment Area on City Property as depicted on Exhibit B. 1.7. Landowner Property. "Landowner Property" means the following real property located in the City of Stillwater, Washington County, Minnesota: Lot 1, Block 1, Brown's Creek Heights, Washington County, Minnesota. Abstract Property PID: 21.030.20.24.0002 1.8. Maintain. As used in this Agreement with respect to the Landowner Improvements, "Maintain" and derivations thereof means to upkeep and repair in accordance with relevant City ordinances and regulations applicable to such improvements. ARTICLE 2 RECITALS 2.1. Landowner owns Landowner Property. 2.2. Landowner Property is a residential use and is being improved with Landowner Improvements that will encroach on City Property. 2.3. Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to be placed within the Encroachment Area, on the condition the Landowner maintains Landowner Improvements. ARTICLE 3 AGREEMENTS 3.1. Construction And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the Landowner Improvements in the Encroachment Area. Landowner shall not place any other structures, retaining walls, irrigation systems, buildings, trees or shrubs in the Encroachment Area, except for the Landowner Improvements, without the City's written consent. After construction, Landowner, at its own expense, shall maintain and repair the Landowner Improvements. 3.2. City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 2 3.3. Continuing Right To Encroachment Area. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the Encroachment Area. 3.4. Subordinate Position Of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the Encroachment Area. 3.5. Risk Of Loss. Landowner understands and agrees that the Landowner Improvements within the Encroachment Area may be adversely affected by damage caused to Landowner Improvements arising out of the City's use of the Encroachment Area. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner for such events. Landowner assumes the risk of installing the Landowner Improvements in the Encroachment Area. 3.6. Emergency. The City shall not be required to give such notice if the City determines that an emergency exists. In such instance, the City, without giving notice to Landowner may perform the work and in such case the Landowner shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged to the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. 3.7. Remedies. If the Landowner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. (b) If Landowner fails to make payments under Section 3.6, then the City may certify to Washington County the amounts due as payable with the real estate taxes for Landowner Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The Landowner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Landowner Property. Further, as an alternate means of collection, if the written billing is not paid by the Landowner, the City, without notice and without hearing, may specially assess the Landowner Property for the costs and expenses incurred by the City. The Landowner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Landowner Property. The Landowner waives any appeal rights V? otherwise available pursuant to Minnesota Statute §429.081. The Landowner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Landowner Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.8. Indemnification. The Landowner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Installation and maintenance of the Landowner Improvements; (c) Failure by the Landowner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the Encroachment Area for Landowner Improvements. 3.9. City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Landowner's obligations contained in Article 3 if the Landowner does not perform such obligations. 3.10. No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 3.11. Recording. This Agreement shall be recorded with the Washington County Recorder against both the Landowner Property and the City Property. 3.12. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Landowner Property and City Property and shall be binding upon the heirs, successors, administrators and assigns of the parties, for so long as the Landowner Improvements remain on the City Property. 0 3.13. Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 3.14. Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 3.15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 3.16. Headings. The subject headings of the sections this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 3.17. Notice. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to City: City of Stillwater Attention: City Administrator 216 North Fourth Street Stillwater, MN 55082 If to Landowners: Nancy L. Jacobs 225 Hazel Street West Stillwater, MN 55082 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page has been intentionally left blank.] 5 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY: CITY OF STILLWATER Ted Kozlowski, Mayor 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 Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 301 LANDOWNER: Nancy L. Jaco s C STATE OF44P+N1 ss. COUNTY OF ) The foregoing instrument was acknowledged before me on . -7 day of 2023 by Nancy L. Jacobs, a single person. JOSEPH GUNTER NOTARY PUBLIC STATE OFCOLORADO ary Public 0;:� NOTARY ID 20214042395 MY COMMISSION EXPIRES OCTOBER 27, 2025 This instrument drafted by And after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 7 EXHIBIT A LEGAL DESCRIPTION OF ENCROACHMENT AREA That part of Outlot A, BROWN'S CREEK HEIGHTS, Washington County, Minnesota described as follows: Commencing at the northeast corner of said Outlot A; thence on an assumed bearing of South 01 degree 07 minutes 07 seconds East, along the east line of said Outlot A, a distance of 79.13 feet to the point of beginning of the easement to be described; thence South 42 degrees 51 minutes 47 seconds West a distance of 6.37 feet; thence South 35 degrees 07 minutes 32 seconds West a distance of 25.67 feet; thence South 30 degrees 09 minutes 44 seconds West a distance of 29.41 feet; thence South 29 degrees 11 minutes 29 seconds West a distance of 30.14 feet; thence South 22 degrees 37 minutes 50 seconds West a distance of 21.19 feet; thence South 15 degrees 25 minutes 59 seconds West a distance of 34.89 feet; thence North 89 degrees 41 minutes 10 seconds East a distance of 13.92 feet to said east line of said Outlot A; thence northerly, northeasterly and northerly along said east line of said Outlot A to the point of beginning. Abstract Property PID: 21.030.20.24.0001 A-1 EXHIBIT B DEPICTION OF LANDOWNER IMPROVEMENTS EASEMENT SKETCH AND DESCRIPTION -for- NANCY JACOBS -of- 225 HAZEL STREET W. STILLWATER, MN 55082 PROPERTY DESCRIPTION 100 NOTES -1- PlImEl USENER DESCRIPTON NORTH F- R. Run IL SRN & INC. Proiessional Land Surveyors Sulte-110 --XnXz: 6776 Lake Drive NE, Lino LaTel. 1651 kes, IVIN 55 14 Im illwater The Birthplace of Minnesota DATE: May 12, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: 2nd Reading on the Revisions to City Charter The first reading of the ordinance to make amendments to the City Charter was held on the July 5, 2023 City Council meeting. Below are the recommended amendments. For the 2nd reading, City Council must be unanimous in approving the Charter amendments. 1. Under Article I II Elective Officers 3.01 Council composition and election, the first sentence of paragraph a. General Requirements should be updated to reflect the current rule for redistricting. a. General Requirements. The Charter Commission, by resolution adopted later than May 10, 1 Q$2-,-9r within forty-five (45) days after the Legislature has next redistricted, `"ihinheyer is first shall divide the City into wards. The first and last sentence of paragraph b. Redefining Ward Boundaries should be changed to reflect State Statute 410.12 subd. 7. b. Redefining Ward Boundaries. The Charter Commission, by 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 p blin heaFiRg after fish` weeks' published netiGe. 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 hearina on the proposed charter amendment at least two weeks but not more than one month after the notice is published. 2. Keep all election items together, move Chapter 21, Section 21-11 Election Wards in its entirety to the end of Article IV Elections in Chapter 1 of the City Charter. 3. In Section 5.05 Council meeting records, a title correction needs to be fixed: It is hereby made the duty of the Mayor, or in the case of the Mayor's absence or disability the vice-presider}tMayor, to sign the Clerk's records of the proceedings of each meeting of the Council, when the record has been presented for signature. 4. In Section 5.06 Holding other offices there is a double entry in the first sentence. No member of the Council shall hold any other City employment or employment or be a member of the Library Board. ACTION REQUIRED If Council concurs with the amendments, a motion to approve the Second Reading of the attached ordinance amendment to the City Charter should be made. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1201 AN ORDINANCE AMENDING THE SECTION 3.01, COUNCIL COMPOSITION AND ELECTION; SECTION 406 ELECTION WARDS; AND SECTION 505, COUNCIL MEETINGS OF THE CHARTER OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Code Article III section 3.01 is hereby amended as follows: 3.01. — Council composition and election. The Council shall be composed of a Mayor, who shall be elected at large, and four Councilmembers, who shall be elected by wards. Each Councilmember shall be a resident of the ward from which he or she is elected and shall serve for a term of four years and until a successor is elected and qualifies. The Mayor shall serve for a term of four years and until a successor is elected and qualifies. Elective officers whose terms have not expired at the time of the first election following the adoption of this Charter provision shall continue to hold office until the expiration of the term for which originally elected. a. General Requirements. The Charter Commission, within forty-five (45) days after the Legislature has next redistricted, shall divide the City into wards. Wards shall be as equal in population as practicable and each ward shall be composed of a compact, contiguous territory. The City Council shall assign one incumbent Councilmember to each of the newly created wards. If the City Council shall fail to assign a Councilmember within forty-five (45) days after a ward is created, the Charter Commission shall make the assignment. This assignment shall not disqualify an incumbent Councilmember who does not reside within the ward to which he or she is assigned from completing the term for which the Councilmember is elected, and for one additional term beyond the term of initial assignment. Thereafter, each Councilmember shall be a resident of the ward from which the Councilmember is elected, except that a change in ward boundaries shall not disqualify a Councilmember from serving out the remainder of a term. All vacancies on the Council, however created, shall be filled by a person who resides in the ward to which he or she is appointed. b. Redefining Ward Boundaries. The Charter Commission, may redefine ward boundaries subject to the limitations and restrictions of State Statute. Within forty- five (45) days after the official certification of each federal decennial or special census, the Charter Commission shall either confirm the existing ward boundaries as conforming to the standards of Subd. 3.01.a. or redefine ward boundaries to conform to those standards. Any action establishing new ward boundaries shall apply to the first election held after establishment of the new boundaries. No established division or redivision of the City into wards shall be made until the Charter Commission recommends to the City Council to enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. SECTION 2 AMENDING. That the Stillwater, Minnesota City Code Article IV is hereby amended by adding a section to be numbered 4.06, which section reads as follows: 4.06. - Election wards. The city is divided into election precincts as are legally described in the following subdivisions: Subd. 1. Precinct 1 (Ward 1). All properties within the Corporate limits of the City of Stillwater beginning at the point of intersection of the centerlines of TH 36 and County Road 5 (also known as Stillwater Boulevard) and heading North easterly along the centerline of County Road 5 to the centerline of Pine Street. Thence Easterly along the centerline of Pine Street to the centerline of Second Street. Thence Northerly along the centerline of Second Street to the centerline of Nelson Street. Thence Easterly along the centerline of Nelson Street to the shoreline of the Saint Croix River and said line there terminating. Subd. 2. Precinct 2 (Ward 2). All properties within the Corporate limits of the City of Stillwater lying Southeasterly of the following described beginning at point centerline of County Road 5 (also known Owens Street and Stonebridge Trail) 1,050 feet from the Centerline of Hwy 96 (also known as Dellwood Road) heading Southerly along the centerline of County Road 5 to the centerline of Myrtle Street (also known as County Road 12). Thence Westerly along the centerline of Myrtle Street to the centerline Brick Street. Thence Southerly along the centerline of Brick Street to the centerline of County Road 5 (also known as Stillwater Boulevard and Olive Street). Thence Westerly and South westerly along the centerline County Road 5 to the centerline Pine Street. Thence Easterly along the centerline of Pine Street to the centerline of Second Street. Thence Northly along the centerline of Second Street to the centerline of Nelson Street. Thence Easterly along the centerline Nelson Street to the shoreline of the Saint Croix River and said line there terminating. Subd. 3. Precinct 3 (Ward 3). All properties within the Corporate limits of the City of Stillwater lying west of County Road 5 (also known as North Owens Street and Stonebridge Trail) and North of County Road 12 (also known as West Myrtle Street and 75th Street N.). Subd. 4. Precinct 4 (Ward 4). All properties within the Corporate limits of the City of Stillwater beginning at the point of intersection of the centerlines of County Road 12 (also known as West Myrtle Street) and Brick Street. Thence Southerly along the centerline of Brick Street to the centerline of County Road 5 (also known as West Olive Street and Stillwater Boulevard). Thence Westerly and Southerly along the centerline County Road 5 to centerline of TH 36. Thence Westerly along centerline of TH 36 to centerline of County Road 15 (also known as Manning Avenue). Thence Northerly along centerline of County Road 15 to the centerline of County Road 12 (also known as Myrtle Street). Thence Easterly along centerline of County Road 12 to centerline of Brick Street and said line there terminating. Also said Precinct 4 (Ward 4) shall include the following parcel south of Hwy 36 along Manning Avenue: all that part of the Southwest'/4 of the Northwest'/4 and of the Northwest'/4 of the Northwest % of Section 2 6, Township 29, Range 20 that lies northerly of the following described line: commencing at the southwest corner of the Northwest '/4 of said section 6, thence North 1 degree 14 minutes 50 seconds East, along the West line of Northwest'/4, for 969.67 feet to the point of beginning of the line to be described; thence South 87 degrees 25 minutes 34 seconds East for 1120.72 feet and there terminating excepting therefrom all that portion of the Southwest '/4 of the Northwest '/4 of said Section 6, lying West of the Town Road (also known as Manning Avenue North) as it now traverses said section 6. SECTION 3 AMENDING. That the Stillwater, Minnesota City Code Article V section 5.05 and 5.06 are hereby amended as follows: 5.05. — Council meeting records. It is hereby made the duty of the Mayor, or in the case of the Mayor's absence or disability the vice -Mayor, to sign the Clerk's records of the proceedings of each meeting of the Council, when the record has been presented for signature. 5.06. — Holding other offices. No member of the Council shall hold any other City employment or be a member of the Library Board. Neither may any Councilmember be elected or appointed to any office created nor the compensation of which is increased by the Council while a member thereof until one year after the expiration of the term for which the member was elected. SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 5 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The Charter Amendments clarify the statutory process for the redistricting of Ward boundaries and add the description of the Ward boundaries to the election section of the Charter. Minor terminology changes were made to use the correct title of Vice Mayor instead of Vice President and remove a redundant term. Adopted by the City Council of the City of Stillwater this 2nd day of August, 2023. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Q Water �l THE BIRTHPLACE OF MINNESOTA DATE: August 2, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: City Support of Designation of County State Highway 15 DISCUSSION Washington County would like designate the section of Manning Avenue North from Trunk Highway (TH) 36 south to the eastbound ramp intersection (430 feet) as County State Aid Highway 15. This segment would be a new section to the County State Aid System and requires concurrence from the City where the designation is to be located. RECOMMENDATION It is recommended that Council support the designation of Washington County State Aid Highway 15 in the City of Stillwater. ACTION REQUIRED: If Council concurs with the recommendation, they should pass Resolution 2023- RESOLUTION TO WASHINGTON COUNTY AND TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION IN SUPPORT OFTHE DESIGNATION OF COUNTY STATE AID HIGHWAY 15 IN THE CITY OF STILLWATER. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION TO WASHINGTON COUNTY AND TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION IN SUPPORT OF THE DESIGNATION OF COUNTY STATE AID HIGHWAY 15 IN THE CITY OF STILLWATER WHEREAS, the Minnesota Department of Transportation and Washington County have recently completed a project to construct a new grade -separated interchange to replace the previous at -grade signalized intersection at the intersection of Trunk Highway 36 and County State Aid Highway 15, also known as Manning Avenue North, on the boundary of the Cities of Stillwater and Lake Elmo; and; WHEREAS, Washington County has been notified that the current designation of CSAH 15 extends only to Trunk Highway 36 as per the prior signalized configuration, thus leaving a gap between the former at -grade traffic signal and the new eastbound ramp intersection located approximately 430 feet south of the former at -grade traffic signal; and; WHEREAS, the City of Stillwater has been notified that Washington County intends to officially designate Manning Avenue North as a portion of Washington County State Aid Highway No. 15 for its length between its prior endpoint at Trunk Highway 36 and the newly constructed Trunk Highway 36 eastbound ramps; and; WHEREAS, portions of the proposed County State Aid Highway designation exist within the corporate limits of the City of Stillwater. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that the designation and numbering described above is in all things approved. Adopted by the Stillwater City Council this 2nd day of August 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted, and approved by the City Council of said City on , 2023. City Clerk, City of Stillwater P 36 WB RAM! N CITY OF GRANT �..... CITY OF STILLWATER ..................... .............................T.............................. ............... CITY OF LAKE ELMO CITY OF LAKE ELMO t'MINNESOTA MN CITY OF LAKE ELMO �+ ...........................................� ..- CITY OF STILLWAT..ER PROPOSED CSAH 15 DESIGNATION water. THE BIRTHPLACE OF MINNESOTA DATE: July 27, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Downtown Holiday Lights Agreements BACKGROUND Staff has obtained six more Holiday Lights agreements, attached. As a reminder, in 2020, each building owner signed an Indemnification/Release agreement to allow the winter Holiday lights to be placed along the top of their building. The agreement was for three years and expired this past May. Staff will continue to encourage the remaining property owners to renew their agreement. RECOMMENDATION Staff recommends renewing the attached Downtown Holiday Lights Agreements for May 1, 2023 to May 1, 2026. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve the Historic Downtown Stillwater Holiday Lights Agreements for 2023-2026. Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 4964day of �, 2023 by and between the City of Stillwater ("City") and \ "Owner") for ext for holiday lights to be located on the building at ICJ �( o ("Prope�Ty"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) Ci , Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights, Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By (2 Ted Kozlowski, Mayor OWNER: By — - t r G •�zs ra! gnature) l Its: 41, Beth Wolf, City Cleric (title) Historic Downtown Stillwater Holiday Lights Agreement This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this 19 day of 2023 by and between the City of Stillwater ("City") and 6d,,r ,L i/4-,vLAA ✓%JD ('`Owner") For exterior holiday lights to be located on the building at a A . 5 ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Ins ect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Liahtin Tom: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: I2 Ted Kozlowski, Mayor OWNER: By:—:?:--D 'c t _p (signature) Its: Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement Thi. Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is enter into on this ` S day of �6(C 2023 by and between the City of Stillwater ("City") and {& for exterior holiday lights to be located on the building at i2/�tiV Sf ¢ ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lighting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. 3. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: OWNER: By: By: Ted Kozlowski, Mayor (signature) By: Its:1��_ Beth Wolf, City Clerk (title) Historic Downtown Stillwater Holiday Lights Agreement r his Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement" is a tered into on this � day of 2023 by and between the City of Stillwater ("City") and CAL. ("Owner") for exte for holiday lights to be located on the building atZ2 lti ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Project: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) LightingTimer: imer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Owner is the Property Fee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utility Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. 3. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City Payment of Costs of Holiday Lights: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City Liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity, including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk OWNER: Z4 y• Yature) Its: Lm, --- - (title) - , lustoric Downtow" stillm.,JIvr, II I I I ( I 1ki oric Nit; kl .0- r A %Acur lilt: 14 . I :;;, I - " 1 (wl'.h-c bu I;d If a: M. I YA LS-. I (,It-N :e, uhNtofic Dow"lovVII P.i, at'*Ivvs "Ilof 1)jr t '; I,. can I risisd 1! 011: I rVII-jr. 'N Al NOW, 'I'll LREFORE, dic parties becao do covekLm v alwId v. I 1 1; 1. 11's - Fcrm: Thi� ApfeeI)cv-1 -01311 vo Nfa.y 1, 70".1 mrr.di jr:;:- ll"tz (J-'-'L, to dd a lilt - Covenants gnd AgMvp -;is .11 .. SnjL9f IhC 9 [j4;jiv (11) MOMW to Corwalls-1 and I OWICT 11e!-C1r\' ((-,r thii purpiscs l?f imuditrip X(Illy'. I "Wixed to the merior of blOdfllp. ;.)I] Ifie r* compevisation IM tl:'r I'mponaM JiLLITt' ,,e A I i0fiday Lights, (0 Ljzj#jO"m: 1-101idiN Lig-"a", SN,1 I bw on ;i 0,ijv thm %kfl: ';�.TTI O-D l dIJ4. J;._11: (d) 0%%Tjcr- j5 the PMgt FIg ()\MONviier hoer :by a, ov Ona-VA" xnj w�i fve nrlhv prolk".1-Y J11.1 11'.'s KiK,d right locater into this -Acrt—t-mcm, i-h,,ah C QwjXr SSMMsibtg. forAiolkday Lighis Utility Casts: Owncr and ta: L,7LI U&J4imal uf;4TV ,kmL% etc I rc-,111,11111i7 fMnI the 1J+tljjjja,l J_jv�---T rt M.S ZA r-4 iVi I'Y ti1 1W L:' L:m Oic 1"ivSwTIy7 atr, *,he sale rvTmubriiity of'Ownm nd mgn "q.,qf thc Our T�rtz Ciry cove-rouits, and ag -,m (a) (JIx U11,11soll n( Cegs S2 I 14HAY, Lich -. Oly huetv.- Speft to pa) !"o, IT maintenimzm rtzpair, and rernoval ofthc Holiday' Uglg& fj"�: City agrees That City tw its absipi $Jmil be fikidMc 10 dw 1.1'Witter fm W) dLimuW to the froper.-y arising directly or indirectly fiorn tivc insiOation, MaIrAvrancr. tepmT, or rt%Tw%-d ofl�ik Robdity or ftkyri any defcmvl,maccfilak i.tr fijijjy d%*jgj kxf 1�� lJL+jljjy L I Ig{rt!... O.-A-4 It'a Pam. W this Agreement mallmilallit defilults on all m, its CONCTUM Y S. or agreefftem beflo&x Sta, the mhe, Nr, may give voice of default of this. AgrtvmcnL The notice shall, specif}, with p.m-.ii-ujRritv dle &fMat x &b.atUL"C", bVnllh Ib notices based. Thy nutize9tolls pec iifv a thirty i -All day cm r perW xithin %%,Mcjj LhC specii fied def2--ii tir mwi 6CCOTC4. Irthr Specificd defaults are not c*urcd milhin the Cum Miod. the ether pwTv teary" tam ;hj, all rey-.iidici; and sanOmma-vailabx' at law and in o4uity. inchAir4;!;�-ifie-performN-c INNMNLSS WHEREOF City aI)d01xnerh3vC ijUsed dii,,k Agmajjtt:ntjo b% r bs '., =4 autlxr z ICITV OFSTILLWATF.R.- By: Ted KaztellNui, Mayor Red, Wolf, City Clcrk V Historic Downtown Stillwater Holiday Lights Agreement �'t- This Downtown Historic Stillwater Holiday Lighting Agreement ("Agreement") is entered into on this _- day of 2023 by and between the City of Stillwater ('`City") and L L ("Owner for ext •riot holiday lights to be located on the building at t ("Property"). RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May 1, 2026, unless terminated earlier due to default. 2. Covenants and Agreements of the Owner: Owner covenants and agrees with City that: (a) Holiday Lighting Protect: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) _License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property f'or the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Li¢hting Timer: Holiday Lights shall be on a timer that will turn on at dusk and turn off at 12:00 am. (d) Ovvner is the Property FFee Owner: Owner hereby covenants and warrants with City that Owner is seized in fee of the Property and has good right to enter into this Agreement with City. (e) Owner Responsible for Holiday Lights Utilitv Costs: Owner acknowledges and agrees that any and all additional utility costs (electricity, etc.) resulting from the Holiday Lights being connected to a power source on the Property are the sole responsibility of Owner. 3. Covenants and Agreements of the City: The City covenants and agrees with Owner that: (a) City f'avment of Costs of HolidayLhts: City hereby agrees to pay for the costs of the installation, maintenance, repair, and removal of the Holiday Lights. (b) City liability: City agrees that City or its assigns shall be liable to the Owner for any damage to the Property arising directly or indirectly from the installation, maintenance, repair, or removal of the Holiday Lights or from any defective materials or faulty design of the Holiday Lights. 4. Default: If a party to this Agreement materially defaults on any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a thirty (30) day cure period within which the specified default or defaults must be cured. if the specified defaults are not cured within the cure period, the other party may terminate this agreement and/or pursue all remedies and sanctions available at law and in equity. including specific performance. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed by its duly authorized representatives. CITY OF STILLWATER: By: Ted Kozlowski, Mayor By: Beth Wolf, City Cleric OWNER: % By: ( C (siinat Its: (title) 1 1 Water THE BIRTHPLACE OF MINNES 0 TA TO: Honorable Mayor & City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, FIR Manager DATE: August 2, 2023 RE: Approving Flexible Work Arrangement Policy 16*9111***K*1LI The City of Stillwater City Council approved a Flexible Work Arrangement Policy for city staff in August 2021. The policy was approved on a one-year trial basis, effective September 1, 2021. The decision followed work by city staff who had formed a Workplace of Tomorrow Team in 2020, amidst the onset of the COVID-19 pandemic. The team was comprised of employees from all departments including the Library and Rec Center. On May 18, 2021, the group made a recommendation supporting new business operations processes created during the pandemic that worked well and should be considered for the future. One of those recommendations was to implement a flexible work arrangement policy. The City of Stillwater City Council approved a Flexible Work Arrangement Policy for city staff on August 16, 2022, with the provision that performance objectives be included with telework requests. Language updates were applied to the policy and the request form. At the City, 90 percent of city staff work a traditional schedule, and 10 percent work a hybrid flexible schedule. Each supervisor works closely with their staff to focus on outcomes for those in both traditional and hybrid work settings. Thank you for your continued support as the City leads innovative approaches to work outcomes that provide a competitive advantage. The City's goal is to maintain or improve employee productivity while providing employees with futuristic scheduling options that foster a productive, healthy and safe workplace. ACTION REQUESTED Staff recommends that the City Council approve the attached resolution titled, "Approving Flexible Work Arrangement Policy." RM City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING FLEXIBLE WORK ARRANGEMENT POLICY WHEREAS, the City of Stillwater, complies with Federal and state labor laws; and WHEREAS, a flexible work arrangement is a business and workplace strategy, not an employee benefit or employee right, and approval or denial is at the sole discretion of the City; and WHEREAS, the City's goal is to maintain or improve employee productivity in the delivery of public services while providing employees with scheduling options that foster a productive, healthy and responsibly -managed workplace. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a one-year program for September 1, 2023 to September 1, 2024 offering a flexible work arrangement option to individuals employed by the City of Stillwater pursuant to the attached flexible work arrangement policy. Adopted by the Stillwater City Council this 2nd day of August, 2023. INIV&9]�'1IIRTi%1194N Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Flexible Work Arrangement Policy Scope This policy governs work -life opportunities of employee groups with the City of Stillwater. All City of Stillwater employees (union or non -union, full time or part-time) may be considered for a flexible work arrangement with the following considerations: • Must be employed with the City for six or more months • Must have satisfactory performance Goal The City's goal is to maintain or improve employee productivity while providing employees scheduling options that foster a productive, healthy and safe workplace; and helps employees effectively integrate and manage their work and personal life responsibilities, and can enhance their overall well-being and improve job satisfaction. A flexible work arrangement is a business and workplace strategy, not an employee benefit or employee right, and approval or denial is at the sole discretion of the City. The City seeks to effectively address the personal needs of employees and the needs of their respective units and strives to provide for a responsibly managed workplace through careful selection, preparation, and accountability of supervisors, managers and leaders. Definitions Core Hours: A fixed block of time when staff are expected to be available. For the City of Stillwater, those hours are Monday through Friday between 9:00 a.m. and 3:00 p.m. Employees must be available during their normal work hours. Employees should be reachable by telephone, video conferencing or some other form of live communication during the workday, as per their arrangements with their supervisor and coworkers. Employee Responsibility: The City expects employees to contribute to a welcoming, inclusive and positive workplace; and support each other in effectively managing work and life responsibilities. Employees shall be held accountable for workplace behaviors consistent with all applicable City administrative policies, rules and collective bargaining agreements. Employer Responsibility: Leaders, managers and supervisors shall be held accountable (and recognized) for efforts that address the business needs of the City and promote employee well- being. Flexible Work Arrangements: Flexible work arrangements shall mean alternatives to the standard schedule for individual positions, including flex time and remote work arrangements. Well -Being: The physical, mental, psychological and emotional health of the employee. City of Stillwater, Minnesota August 2, 2023 Types of Flexible Work Arrangements Flextime: An arrangement in which an individual's total number of hours worked over the course of a workweek (non-exempt employees) or a two -week pay period (exempt employees) does not change, but there is flexibility in an individual's scheduled starting and ending times. Flextime options can include: • Fixed starting/ending times that change periodically • Starting/ending times that vary by day (e.g. Four 9-hour days and one 4-hour day) Remote work arrangement: A regular, routine arrangement that allows the employee to perform a portion of their job outside of the City office. This type of arrangement specifies the number of hours to be worked outside of the office and the specific days on which the work will occur. Employees must be self-disciplined, self -motivated, and comfortable working away from the office and without direct oversight. Positions suited for remote work arrangements are those that can be performed successfully with minimal supervision and limited face-to-face contact. There are three types of remote work arrangements (telecommuting): • Intermittent - usually unplanned. Time is taken in separate blocks of time, or a reduced schedule, for a planned reason. An intermittent schedule is set at 12 occurrences per year. Permission should be documented and can be granted via e-mail exchange. Intermittent remote work does not require a formal written agreement and is dependent upon the mutual consent of the employee and their supervisor • Short -Term - an arrangement that is for two weeks or less and may not require a formal written agreement and is dependent upon the mutual consent of the employee and their supervisor • Long -Term - an agreement that lasts for more than two weeks, requires approval by supervisor and department head and meets all requirements as defined in this policy Process for Requesting a Flexible Work Arrangement 1. An employee must complete a flexible work arrangement request form and submit the form to their supervisor. 2. The supervisor will arrange a time with the employee to discuss the flexible work arrangement request. 3. Both the supervisor and the employee should use the meeting as an opportunity to ask clarifying questions and ensure that both the supervisor and the employee have the same mutual understanding about how the arrangement may work. 4. Checkpoints: An employee who requests to work off site will deliver frequent updates to their supervisor about their progress, and describe the communication, performance expectations and special conditions methodology on the request form. S. The request should be modified as necessary based on the discussion. 6. The supervisor makes a determination as to whether the request is approved. 1► City of Stillwater, Minnesota August 2, 2023 7. If approved, the request will be submitted to the department head for final approval. The determination of the department head is final. 8. The department heads can submit an exception request to the City Administrator for review and approval. 9. The approved request is routed to Human Resources who places it in the Personnel file. 10. Approved requests expire after 12 months. Each year thereafter, the employee can request renewal and approval of same or modified request for another 12 months. Guidance for All Flexible Work Arrangements 1. A flexible work arrangement is intended to formalize a short-term or long-term arrangement. 2. Flexible work arrangements must comply with State and Federal employment laws that apply to all City employees. This includes, but is not limited to, the Fair Labor Standards Act (FLSA), which regulates payment of overtime for exempt and non-exempt employees and which, for non-exempt employees, governs matters such as required breaks. 3. Employees requesting a flexible work arrangement will evaluate: • How the proposed schedule will sustain or enhance the ability to get the job done and the ability of the work unit to maintain productivity and customer service What potential challenges, including potential additional costs, could the requested alternative work schedule raise with: a. External or Internal Customers b. Co-workers c. Supervisor • What reasonable measurement would the employee propose for the employee and the supervisor to constructively monitor the alternative work schedule and assess performance (e.g., productivity and service) is meeting or exceeding expectations? 4. The supervisor will review and discuss request with employee ensuring that all aspects of the agreement are addressed. Factors to consider when determining if the employee is a candidate for telecommuting include but is not limited to: • Ability for the supervisor to maintain an office presence during normal business hours without the employee. • Ability to perform job duties from a remote location, e.g. not customer facing, does not provide office coverage, etc. • Ability to perform job duties during approved work schedule and be available during normal work hours. • Ability to monitor or measure employee's work product. • Availability of tools for remote work, i.e., VOIP, collaborative work forums such as Zoom, etc. The employee must be reachable by telephone, e-mail, and camera -on 3 City of Stillwater, Minnesota August 2, 2023 videoconferencing at a minimum. Employee's past and current job performance. Employee's work skills such as time management, organizational skills, self -motivation, ability to work independently, etc. S. Flexible work arrangements must comply with all applicable City rules and regulations as well as any applicable departmental rules, policies and procedures. 6. The job duties, responsibilities and obligations of the position are not affected by a flexible work arrangement. 7. All employees with a flexible work arrangement must comply with overtime procedures as outlined in the Employee Handbook (non -union employees) or Labor Agreement (union employees). 8. Those with flexible work arrangements will be held to the same performance standards as they would if they did not have a flexible work arrangement. 9. Department heads are responsible for determining the job -related criteria that will be used to evaluate and approve employee requests for flexible work arrangements. Not all positions may be appropriate for flexible work arrangements. Seniority is not a basis for selecting employees for a flexible work arrangement. 10. Supervisors may need to temporarily adjust work schedules to meet the operational needs of the division. Employees must be able to report to work accordingly with little or no notice. 11. If an employee needs to temporarily deviate from their flexible work arrangement, the employee should seek and receive prior approval from their supervisor. Any changes to work hours should be reviewed and approved by the supervisor in advance. 12. If a holiday falls on a day when an employee is generally scheduled to work more than eight hours, the employee may either make those additional hours up elsewhere in the week (non- exempt employees) or pay period (exempt employees) or use vacation to supplement the rest of the scheduled workday. 13. Flexible work arrangements are not guaranteed or permanent. If the needs of the employer or the employee change, either party can request adjustments. The Supervisor/Department Head or the employee may cancel the arrangement by providing written notice up to 10 working days in advance, with a review and a determination occurring within the timeframe. Approved flexible work arrangements can be canceled at any time for any reason, by either party. 14. Those who are non-exempt (hourly) must report actual hours worked and may not work overtime or additional hours that generate night or weekend differentials, without advance approval. Differentials are not available if the employee chooses to work into the evening or weekend of their own benefit. 15. Approved requests must be reviewed and renewed annually. 16. Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA): This policy is not intended to cover situations in which an employee is requesting FMLA leave for City of Stillwater, Minnesota August 2, 2023 qualifying reasons or is requesting that the employer provide an accommodation under the ADA due to a qualifying disability. Such requests must be directed to the Human Resources manager and appropriate procedures and paperwork completed. Remote Work Arrangement - IT Equipment and Work Supplies 1. Supervisors are responsible for determining the type of equipment and supplies needed to support a remote worker. The City will neither provide nor pay for remote connectivity, whether in whole or in part. 2. The City assumes responsibility for the maintenance and repair of all City -owned equipment, except in cases where damage occurs through an employee's gross negligence. 3. Equipment, hardware and software furnished by the City remains the property of the City and is subject to the same business use restrictions as if the equipment were located in the main business office. City -owned software should not be installed on employee hardware unless authorized by the City. Employee -owned software should not be installed on City -owned equipment. 4. All City -owned hardware, software, supplies, documents and other information or property remains the property of the City no matter where it is located, and shall be returned prior to termination of employment or at the request of the City. S. Remote workers will be responsible for promptly notifying their manager of an equipment malfunction, failure, theft or damage of City -owned equipment. If the equipment malfunction prevents the remote worker from performing assigned tasks, they must notify their supervisor immediately. They may be assigned to perform different tasks or to return to the City office depending on their particular circumstance. 6. City -provided equipment, software, data, and supplies and other equipment are solely for the purposes of conducting City business. 7. Office supplies needed for remote work will be obtained from the City office or through the normal supply procurement process. Reimbursement for supplies purchased outside of this process will not normally be allowed unless there has been prior agreement between the employee and their supervisor regarding the necessity for purchase outside the City process. Remote Work Arrangement - Data Privacy/Information Security 1. Provisions of the Minnesota Government Data Practices Act and program data privacy policies must be followed when performing work away from the City office. 2. Physical files and/or documents with private data (e.g. client files) may not leave the City office. 3. Remote workers must provide security for the data and information that is used outside the City office. 4. Access to shared drives will be completed only on City -owned hardware and via a Virtual 5 City of Stillwater, Minnesota August 2, 2023 Private Network (VPN) connection. All electronic work produced shall be saved on the City network. 5. Data created and maintained on a remote worker's personal device, if generated for the purpose of conducting City business, is subject to the City's record management and data privacy rules and regulations. This means that proper retention and disposal procedures as well as data privacy protections are required. Such data remains the property of the City. Remote Work Arrangement - Communication and Travel 1. Remote workers are responsible for having a designated work area that allows them to report to the office with one hour's notice or within the employee's normal commute, in the event an employee's commute is longer than one hour. 2. Travel to and from the main business office for purposes of meetings or other work requirements shall not be considered compensable hours and mileage will not be reimbursed. 3. A remote worker who is scheduled to work at home on a day that is declared to be an emergency closing is expected to work at home as scheduled. 4. Remote workers are expected to develop an effective communication strategy with their supervisor and other team members. It is expected that remote workers will be reachable by telephone or electronic communication during core and/or other agreed -upon work hours and that messages will be returned promptly, just as they would be if the employee were working at the City office. Additionally, employees and supervisors should participate in check -in meetings to ensure that the supervisor is fully apprised of the work that employee is performing, and to give the employee appropriate opportunities to seek guidance on their work. S. Remote workers are expected to attend all assigned office meetings related to the performance of their job, including those scheduled on a day otherwise assigned for remote work. Remote Work Arrangement - Work Environment, Tax and Insurance Considerations 1. Remote workers are responsible for providing a work area suitable to completing the work assigned. The area should be ergonomically appropriate, safe, free from distraction, and provide sufficient discretion and privacy to carry out necessary tasks. Remote workers are solely responsible for the costs associated with making any designated work space compliant. 2. A remote worker's existing insurance policy may not include coverage for liability arising out of the use of a residence for a business purpose. Remote workers are solely responsible for determining an appropriate level of coverage based on their own circumstances. 3. Federal and State tax implications of remote work and the potential use of a home office are the responsibility of the employee. 4. An employee is covered by all benefits and laws pertinent to the course and scope of employment while working remotely. Any injury that occurs within the course and scope of employment must be immediately reported to the employee's supervisor. If an employee has a C^ City of Stillwater, Minnesota August 2, 2023 designated home workspace, that space is considered an extension of the City's workspace during scheduled remote work hours for purposes of worker's compensation. 5. A remote work arrangement is not a substitute for dependent or childcare. Time spent working cannot also be used for the care of dependents. Policy approved by Stillwater City Council on August 16, 2022, for one year, and with the addition of a required narrative describing what the employee will accomplish while working from home. Pilot Policy approved by Stillwater City Council on August 10, 2 02 1, with a one-year review period to follow. 7 Flexible Work Arrangement Request Form — City of Stillwater To request a Flexible Work Arrangement, please complete the following request form and submit to your supervisor for review. Employee Name (print clearly): Requested Start Date: Minimum of 10 working days after submission End Date: Criteria for Consideration: ❑ Employee has achieved employment >_ 6 months with the City of Stillwater ❑ Employee Has Satisfactory Performance with the City of Stillwater Type of Flexible Work Arrangement Requested: ❑ Flextime ❑ Remote Work Arrangement (select one of the following): ❑ Short -Term (<_ 2 weeks) ❑ Long -Term (> 2 weeks) Reason for Request: List your current schedule & requested schedule: Current Schedule Requested Schedule Begin/End Times Begin/End Times Sun. Mon. Tues. Wed. Thur. Fri. Sat. Total Work Hours/Wk. Sun. Mon. Tues. Wed. Thur. Fri. Sat. Total Work Hours/Wk. Performance Expectations: Describe how work will be monitored or evaluated, including details on measuring performance objectives': By signing below, I attest that I have read and understand the Flexible Work Arrangement Policy and will adhere to the schedule outlined above. I understand that prior approval is required, including any subsequent change to, or discontinuation of, a different alternative work schedule. Final approval is the responsibility of the Department Head and, if approved, my flexible work arrangement can be cancelled at any time for any reason, by either party. Employee Signature: Date: Supervisor Signature: Date: ❑ Approved. The arrangement will be reviewed on: ❑ Denied Comments/Explanation if Denied: Checkpoints: Employee and Supervisor will maintain checkpoints at the following frequency: Dept. Head Signature: Date: ❑ Approved ❑ Denied Comments/Explanation if Denied: EXCEPTION REQUEST Department Head describes circumstances that justify the request for an exception: Dept. Head Signature: City Administrator: ❑ Approved ❑ Denied Date: Date: 1 For telework requests: Employee and supervisor will document performance objectives and deliverables. Z Approved requests expire after 12 months. Each year thereafter, the employee can request renewal and approval of same or modified request for another 12 months. Distribution: Copies to employee and supervisor, route original to Human Resources for p-file Human Resources\HR-Secured Sept.6, 2022 i water THE BIRTHPLACE OF MINNESOTA DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: Hydrant Replacement— 2nd & Commercial BACKGROUND Contractor will be replacing hydrant at 2nd St and Commercial. After contacting three contractors, only one bid was received from Miller Excavating at $16,754.09. Funding for this project will be paid out of the Utilities Operating Budget. RECOMMENDATION Staff recommends approving the contract for Hydrant Replacement at 2nd & Commercial with Miller Excavating, Inc. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT FOR HYDRANT REPLACEMENT AT 2ND & COMMERCIAL. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 18th day of July, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Miller Excavating, Inc., 3741 Stagecoach Trail N., Stillwater, MN 55082 ("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; Hydrant Replacement 2nd & Commercial NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 12/21/2022, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Jared Richert to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Miller Excavating, Inc. 216 4th Street North 3741 Stagecoach Trail North Stillwater, MN 55082 Stillwater, MN 55082 Attention: Robert Benson Attention: Jared Richert Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: office@millerexc.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk 4 CONTRACTOR Miller Excavating, Inc. By: By (Please Print): Title (Please Print): Project Description: Hydrant Replacement — 2°d & Commercial MILLER EXCAVATING, INC. 3741 Stagecoach Trail North Stillwater, MN 55082 Estimator: Jared Richert Phone / Fax: Email: Quote To: City of Stillwater Attn: Andy @ Utilities Dept Phone. Email: astraus@ci.stillwater.mn.us 651-439-1637 / 651-351-7210 office@millerexc.com Job Name: Job Address: Job Location: Date: Estimate #: Hydrant Replacement 2nd St / Commercial St Stillwater, MN Dec 21, 2022 2220XX (PSM) ITEM DESCRIPTION QUANTITY UNIT AMOUNT 100 MOBILIZATION 1.00 LS 105 UNDERGROUND UTILITY LOCATES 1.00 LS 110 PERMITS 1.00 LS 130 SAWCUT CONCRETE / ASPHALT AND REMOVE 1.00 LS 140 EXCAVATE AROUND DAMAGED HYDRANT 1.00 LS 150 INSTALL NEW 8' BURY HYDRANT 1.00 LS 160 BACKFILL AND COMPACT WITH SAND 1.00 LS BASE BID $10,673.65 170 REPLACE CONCRETE PED RAMP/ SIDEWALK 144 SQFT 1.00 LS REPLACE CONCRETE WALK $4,761.30 180 PATCH ASPHALT IN WORK AREA 48 SQFT 1.00 LS PATCH ASPHALT $1,319.14 GRAND TOTAL $16,754.09 Work to be performed in spring 2023 Quote valid for 10 days. Due to current global supply chain issues, PVC pipe, geotextile fabric, and HDPE Pipe pricing is subject to change based on the current price at the time of shipment, and availability is not guaranteed. Proposal based on ONE (1) mobilization(s) to complete the work. Additional mobilizations to be charged at $600.00 each. Retainage as withheld by Owner. Retainage not to exceed 5% of contract amount and must be reduced/released as Miller Exc. work is approved. Sales taxes included (if applicable) No bond included. If required, cannot deduct for one without prior approval of MEI. Payment due within 30 days of initial invoice. Past due accounts will accrue 1.5% per month, 18% per year service charge. Standard insurance included. Gopher State One Call locates included 4 business days prior to start of work. Miller Exc. is not responsible for weather, utility conflicts, other contractors, strikes, lockouts, material shortages, acts of god, Page 1 of 3 or other circumstances beyond our control that may delay the completion of the work. All items listed above are tied, unless arrangements are made PRIOR to bid opening. The information in this proposal is considered confidential between the two parties listed. All excess clean earthwork materials from the project are the property of Miller Exc. Water, sanitary sewer, and storm utilities to be stubbed within 5' outside the building. Aggregate base ADD option includes gravel under sidewalk, curbs, asphalt, concrete paving, and building floor All work to be completed during normal business hours. (Monday thru Friday 700 am to 500 pm) Additional charges may apply for nights, weekend, or holiday work. Subcontract language is subject to approval by MEI and must be in accordance with AIA or AGC standard agreements. This proposal shall be attached as an exhibit to such subcontract. Owner/Developer agrees that NPDES permit will be transferred to Owner/Developer/New Contractor/Homeowner once Miller Exc. work is completed. THIS PROPOSAL HAS BEEN PREPARED ACCORDING TO THE FOLLOWING DOCUMENTS: PLANS: SPECS: GEOTECHNICAL: ADDENDA: THE FOLLOWING ITEMS ARE EXCLUDED FROM OUR PROPOSAL: Permits, fees, or escrow accounts.(building, plumbing, demolition, dewatering, public waters, grading, utilities, right-of-way, zoning, SAC, WAC, etc.) State or local agency plumbing plan submittals or review documents Surveying, staking, blue tops, project layout, or as -builds Special insurance (i.e. waiver of subrogation, pollution liability, railroad, etc.) Repair of damage to existing streets, driveways, sidewalks, landcsaping, or yards during the normal course of work. Backcharges. Any potential corrective items must be notified to MEI in writing and allow fifteen (15) days to review, correct, or negotiate settlement, before any other party completes such work MEI shall be allowed to review estimated costs for the corrective work. Private utility locating, relocation, or repair (site lighting, irrigation, dog fence, private electric/gas, private water/sewer/storm, etc.) Public utility locating, relocation, or installation Temporary utilities (electric, gas, water, sewer, phone, internet, etc.) Soil testing (infiltration, vibration, densities, onsite gradations, visual inspection, etc.) Gradations for imported materials available upon request. Installation, maintenance, and/or removal of temporary & semi -permanent access roads for job trailer, crane pads, equipment deliveries, resident access, etc. Sheeting, shoring, underpinning, piling, etc. Trench boxes may be used for site utilities installation. Engineering design for overdepth excavation systems SWPPP design, permit, inspections, and maintenance Any temporary or permanent erosion control BMP's not specifically listed in the proposal items above. Additional quantities of BMP's needed above base bid quantities for SWPPP compliance will be charged on a time and materials basis. Removal of silt fence Winter conditions (frost ripping, frost blankets, road restrictions, snow plowing, ground thawing, sand backfill, etc.) Road restriction hauling or mobilization (roads less than 9 ton/axle) Vapor barrier, foundation insulation, foundation draintile, or waterproofing Trench drain concrete or castings Pre -demolition survey, samples, testing, reports, or removal of regulated wastes and HVAC systems Buried or hidden debris, contaminated material testing, excavation, abatement, remediation Traffic control Sweeping required Final tolerance of sand or aggregate base prior to concrete, pavers, and/or asphalt Sod, seed, hydro seeding, straw mulch, temporary seeding, or erosion blanket Bollards, signs, posts, monuments, jersey barrier, or other site direction items Trees, shrubs, planting plugs, mulch, edging, or other landscaping items Hand raking, rock removal, final tolerance prior to seeding and/or sod Soil correction (other than that stated specifically in the project soils report AND outlined in bid items above.) Import or export of soils to balance the cut/fill of the site. Excess soils to be stockpiled or spread adjacent to work areas into Page 2 of 3 berms or through grade adjustments. Dewatering of site (pumping, sumps, well points, etc.) Prevailing wages Targeted business or disadvantaged business goals Concrete washout area Manhole/catch basin castings, adjusting rings, or Infishields Manhole/catch basin structure or pipe; lining, sealing, or special treatments. Manhole, catch basin, or gate valve adjustments Rock excavation or haul out Retaining wall excavation, construction, or backfill Other site structure excavation, import/export, and backfill (i.e. fuel island, pump house, tower etc.) Fence including salvage, removal, or reinstallation ROW degradation fees. Based on repair of existing water or sewer service. Downspout connections Concrete equipment or clean out pads Landscape lighting or irrigation locating, relocation, installation, and/or repair Tree trimming, removal, grubbing, or transplanting Electrical, communication, or irrigation conduit installation Wall or under footing sleeves, link seals, or casing for mechanical piping into the structure footprint Interior piping installation or connection Well or septic design, install, removal, or abandonment Concrete or bituminous paving, including patching Striping removal, installation, or repair Sawcutting or core drilling MEI is not responsible for removal/hauling/disposal of any excess soil displacement material generated onsite due to the installation of pipe and structures. If soil material is needed to backfill due to utility removals, it should be provided by the Prime contractor, at no charge, for MEI to place & compact. PROPOSAL ACCEPTANCE We hereby accept the proposal for the work as outlined above and agree to the terms and conditions as listed. Any alteration or deviation from the work as specified above will become extra work over the estimate and will be paid as a change order to the original contract. Miller Excavating, Inc. is authorized to proceed with the work. Payment will be made according to the terms outlined above. Signed: Print: Title: Date: MINNESOTA PRE LIEN NOTICE You have entered into a contract with Miller Excavating, Inc to perform excavating, grading, utility, and/or trucking work on your property. We are authorized to provide you with this notice. (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. Page 3 of 3 water. THE BIRTHPLACE OF MINNESOTA DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tanya Holmgren, Administrative Assistant SUBJECT: Consent Agenda Item: Short -Term Home Rental License Applications BACKGROUND According to Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short-term home rentals and have deemed them complete for approval by the City Council. RECOMMENDATION Approval of the following Short -Term Home Rental License Applications: License Address Owner/Applicant Occupancy License Number of Type Type Location Licenses Short-term Non -Owner Outside of home rental 807 Harriet St S Nathan Jespersen Occupied Downtown 31 of 50 2023-07 Area Short-term Owner Outside of home rental 2318 Boom Rd Gregory Ley Occupied Downtown 35 of 50 2023-08 Area Short-term Owner Outside of home rental 428 6'h St S Brennen Swanson Occupied Downtown 36 of 50 2023-09 Area 807 Harriet Street S. owned by Nathan Jespersen will be moving from a Provisional to a Full License now they have completed their fence. 2318 Boom Road owned by Gregory Ley is a Full License. 428 6t" Street S. owned by Brennen Swanson is a Full License. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. 111water. THE BIRTHPLACE OF MINNESOTA DATE: July 27, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: Traffic Safety Review Committee Dissolution DISCUSSION In 2009, the Traffic Safety Review Committee was created as a citizen committee to review requests from residents, such as stop signs requests, crosswalk installations and no parking request. The idea was to have a citizen committee be involved in the decision -making process with staff providing input. In the early years of the committee, the requests were plenty the group was active and were meeting monthly. As time went on the requests slowed and the meetings were switched to quarterly. Since the start of the pandemic, committee members left, vacancies were hard to fill, and meetings were cancelled because of either a lack of agenda or committee members were not showing up. In fact, the last meeting, the agenda item was to talk about the future of the committee and only the Chairperson attended. After a discussion with Chair, it was felt the committee has lost its effectiveness and Committee should discontinue. Future requests would be either handled internally or with the aid of a consultant. RECOMMENDATION It is recommended that council consider and approve the Traffic Safety Review Committee be dissolved ACTION REQUIRED If Council concurs with recommendation, they should pass a motion adopting RESOLUTION 2023-xxx, A RESOLUTION RESCINDING RESOLUTION 2009-52 ESTABLISHING A TRAFFIC SAFETY REVIEW COMMITTEE FOR THE CITY OF STILLWATER. City of Stillwater Washington County, Minnesota RESOLUTION 2023- A RESOLUTION RESCINDING RESOLUTION 2009-52 ESTABLISHING A TRAFFIC SAFETY REVIEW COMMITTEE FOR THE CITY OF STILLWATER WHEREAS, the City Council passed Resolution 2009-52 establishing a Traffic Safety Committee to review requests from the public for modifications to traffic control signage, pedestrian safety and traffic calming on March 17, 2009; and WHEREAS, Requests to the Traffic Safety Committee and quorum of committee members at meetings have diminished thereby losing its effectiveness; and WHEREAS, Staff and Chair of the Committee wish to terminate the committee and, in its place, future requests to the City for traffic control signage, pedestrian safety and traffic calming requests be reviewed by administratively. NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, hereby approves the following: 1. Resolution 2009-52 is hereby rescinded; and 2. The appropriate City Staff are hereby approved to review traffic safety requests and take appropriate measures to ensure protection of the public health, safety and general welfare. Adopted by the Stillwater City Council this 2nd day of August 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: 2023 Watermain Break Patching BACKGROUND The roads where watermain breaks occurred over the winter are ready to be repaired and patched. There are five areas that need this service. The city received two bids, lowest bidder was T. A. Shifsky and Sons, Inc. at $11,100.00. Funds for this project will come out of the Watermain repair budget. RECOMMENDATION Staff recommends approving the agreement with T.A. Shifsky and Sons, Inc. for work on 2023 Watermain Break Patching. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT FOR 2023 WATER MAIN BREAK PATCHING. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 18th day of July, 2023, by and between the City of Stillwater, 216 4ffi Street North, Stillwater, Minnesota 55082, ("City") and T.A Schifsky & Sons, Inc., 2370 Hwy 36 E, North St. Paul, MN 55109 ("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 Main Break Patching 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 6/20/23, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Wade Wellner 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 Rob Stangler to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater T.A Schifsky & Sons, Inc., 216 4th Street North 2370 Hwy 36 E. Stillwater, MN 55082 North St. Paul, MN 55109 Attention: Wade Wellner Attention: Rob Stangler Or e-mailed: wwellner@ci.stillwater.mn.us Or emailed: rstangler@taschifsky.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk 4 CONTRACTOR T.A Schifsky & Sons, Inc., By: By (Please Print): Title (Please Print): Project Description: 2023 Main Break Patching . i 1wa tee, r DapmLnent of ftblia Worko Blacktop Patching Main Breaks 2023 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4100 Public Works Department 651-275-4112 Fax Item #I Item Unit Quantity Unit Price Amount Martha St S at Oak St W - (15'x9) - Saw Cut edge - sub -cut 4"- Verify 6" of compacted gravel base - Pave 4" SPW 330B Bituminous in 2" re 1 lifts LS 1 2829 Icerose Ln. - (14'x8') - Saw Cut edge - sub -cut 4"- Verify 6" of 2 compacted gravel base - Pave 4" SPW 330B Bituminous in 2" lifts LS 1 ` cr, 2501 Hidden Valley Ln - (14'x10') - Saw Cut edge - sub -cut 4"- Verify 6" of compacted gravel base - Pave 4" SPW 330E Bituminous in 2" 00 3 lifts LS 1 2-0 1z1,° Ln at Croixwood Blvd - (12'x10') - Saw Cut edge - sub -cut 4"- 1Hillside Verify 6" of compacted gravel base - Pave 4" SPW 330E Bituminous in co 4 2" lifts LS 1 Zexo Hillside Ln at Hidden Valley Ln - (12'x2g') - Saw Cut edge - sub -cut 4"- Verify 6" of compacted gravel base - Pave 4" SPW 330B Bituminous in P.4 5 2" lifts I LS 1 Grand Total (Lump Sum) Contractors Anticipated Start Date : Work to be Completed 30 days from Start of Work The City reserves the right to add or delete quantities Traffic Control shall be included in Project, Incidental Cities small contract agreement applies - Responsible bidder form shall be completed IC 134 must be submitted prior to final payment. Bids may be submitted by mail, email or fax 651-275-4112 Questions contact: Wade Wellner (email) wwellner@ci.stillwater.mn.us OR Robert Benson 651-430-8740 (email) rbenson@cl.stillwater.mn.us Bids Due Date 6/28/2023 Bids should be labeled: Bituminous Patching Main Breaks All bids must be submitted on the City's proposal form and be a complete proposal. Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date, Date: Company Name:r "— Print Name: ;�0,6 "14� 4,1 ::- Address: Signature,• ��Cr Title �' - - Phone: f // ._ ... � LJ 3 d 1 Page 1 of 1 w�terDspwowdofftbUa Works The City of Stillwater is seeking quotes to patch the asphalt from the winter water main breaks and is inviting you to submit a quote for the project. This project consists of saw cutting the edge, verifying 0" of compacted gravel base, and paving 4" of SPW 3308 bituminous in 2" lifts. Please see attached bid documents. Please submit bids by June 28, 2023, 11:00am. Thank You, Wade Wellner Assistant Public Works Superintendent City of Stillwater 651-275-4103 wweliner@ci.stillwater.mn.us �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Yasmine Robinson, Planning Manager SUBJECT: License Agreement for Partnership with Xcel Energy to Paint Ground Equipment BACKGROUND The City of Stillwater has been chosen as one of two Minnesota cities to pilot a partnership with Xcel Energy to allow the painting of murals on ground equipment, such as utility boxes. The other City is the City of Bloomington. RECOMMENDATION Decorated utility boxes have become more common in many cities throughout the country, and have the potential to decrease unwanted graffiti, reinforce a cultural or aesthetic theme, and promotes the work of local artists. As paint can be removed or covered if art should need to be reversed, Staff recommends approval. ACTION REQUESTED If Council agrees with the recommendation, they should approve the License Agreement with Xcel Energy. REVISED LICENSE AGREEMENT (Equipment Murals) This LICENSE AGREEMENT ("License Agreement") is made , 2023 ("Effective Date") by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation ("Licensor") and the CITY OF STILLWATER, MINNESOTA, a Minnesota municipal corporation ("Licensee"). RECITALS A. Licensor is the owner of certain electric utility boxes as described on Exhibit A, attached hereto and made a part hereof (collectively, the "Pro e "), and desires to protect and preserve the safe and continued future use of said Property for utility purposes. B. Licensee desires to commission the creation of certain painted murals by to -be -selected artist(s) (each an "Artist" and collectively, the "Artists") upon the Property (each a "Mural" and collectively, the `Murals"). C. The Murals are subject to the terms of this License Agreement and involve only the Property and no other equipment, assets or property owned by Licensor. D. Licensor is willing to consent to the Murals subject to the terms and conditions stated in this License Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Licensor hereby grants to Licensee, upon the terms and conditions hereinafter stated in this License Agreement, the non-exclusive permission and right to install, maintain, repair, inspect, and remove the Murals on the Property and to restore the Property to its original color at the termination of this License Agreement. Licensee will not conduct or permit anyone to conduct any activities or install any improvements on the Property which deviate in any manner from the terms of this License Agreement, including, but not limited to, the Mural Application requirements and limitations contained on Exhibit C, without the prior written consent of Licensor, which may be withheld in its sole and absolute discretion. Licensee is responsible for securing any permits, licenses or other approvals for any additional space needed, for staging work areas or otherwise to facilitate the application of the Murals or restoration of the Property. Licensee is also responsible for obtaining any permissions or approvals from the applicable owners of the real property on which the Property is located. 2. Installation of the Murals on the Property must be completed within sixty (60) days after commencement of such installation. If installation of the Murals is not fully commenced and completed by the date which is twelve (12) months after the Effective Date, this License Agreement will automatically terminate without any further action or notice by Licensor or Licensee. i US.110832142.01 3. This Agreement shall be effective from its Effective Date for a term of five (5) years, unless extended by mutual written consent of the parties. Upon termination, if requested by Licensor, Licensee will remove the Murals and restore the Property to its original color pursuant to Paragraph 16, at no cost to Licensor and in accordance with the terms of this License Agreement. No delay in making the request under this paragraph will limit or affect Licensor's right to request such restoration. 4. This License Agreement does not convey an interest in real or personal property. The parties do not by this License Agreement intend to create a lease, easement, or any other property interest. Nothing contained in this License Agreement shall be deemed or construed to create a partnership or joint venture of or between Licensor and Licensee, or to create any other relationship between the parties other than that of licensor and licensee. 5. Licensor intends to use the Property for all purposes in connection with electric power generation, transmission, or distribution and/or natural gas gathering, storage, transmission, or distribution, and the rights herein granted to the Licensee for the use of the Property are subject to the rights of Licensor to use the Property for such purposes, which rights Licensor hereby expressly reserves. If at any time Licensor needs to remove or modify the Property upon which a Mural is located, in whole or in part, in connection with Licensor's operation of the Property, it may do so without regard for the Murals and Licensor will not be obligated to protect or restore the Murals and will not be responsible for any damage to the Mural and Licensee hereby fully and irrevocably releases Licensor from any and all liability regarding the same. 6. Licensee shall not interfere with Licensor's activities or facilities related to the Property, including the Property itself, and Licensee shall install and maintain the Murals and conduct its activities in a safe and prudent manner. Prior to the installation any Murals, Licensor shall conduct a safety meeting which the Licensee and its employees, agents and contractors (including the Artists) must attend. Licensee and Licensee's employees, agents and contractors (including the Artists) may not commence installation of any Murals without written confirmation from Licensor evidencing the attendance of such safety meeting. 7. Licensor may terminate this License Agreement, in whole or in part, by giving thirty (30) days' notice to Licensee. Following such notice, at its sole expense, Licensee will restore the Property to its original color within such thirty (30) day period. If Licensor determines, in its sole and absolute discretion, (i) that any or all of the Murals may interfere with the operation and maintenance of Licensor's facilities, as now or hereafter constructed, or (ii) that Licensee's use of the Property should, in the sole judgment of Licensor, constitute a hazard to Licensor's facilities or the general public, Licensor may terminate this License Agreement and require Licensee to restore the Property to its original condition or color to eliminate such interference or hazard, and thereafter Licensee may not use, modify or alter the Property in any manner. In either instance, if Licensee fails to remove the Murals and restore the Property to its original color, licensor may replace the Property, remove the Murals or restore the Property to its original color, and Licensee shall reimburse Licensor for all reasonable costs incurred in connection with such replacement, removal or restoration. 8. The license granted by this License Agreement is issued subject to any prior licenses or other rights affecting the Property. Licensor reserves the right to grant licenses to others regarding the Property. The license herein granted may also be subject and subordinate to the lien of Licensor's Indenture. 2 US.110832142.01 9. The Licensee agrees that Licensee and Licensee's employees, agents and contractors (including the Artists) shall not begin installing any Murals on the Property until the Licensee (a) provides Licensor with detailed plans and specifications for each Mural design, including without limitations, colors, materials, dimensions, and methods of application ("Plans and Specifications"), and such Plans and Specifications have been approved in writing by Licensor in Licensor's sole and absolute discretion; and (b) has obtained the agreement of the Artist to the terms and conditions of this License Agreement and Licensee has delivered to Licensor an executed copy of the agreement attached hereto as Exhibit B. The Murals must be implemented in the precise manner depicted in the Plans and Specifications; no changes, modifications or alterations may be made to the Plans and Specifications without Licensor's prior written consent, which may be withheld in its sole and absolute discretion. In addition, Licensee shall notify Licensor at least ten (10) business days prior to the commencement of installing any Mural on the Property. Licensee and Licensee's employees, agents and contractors shall obey all Licensor written rules and regulations and oral instructions made known to Licensee and Licensee's employees, agents and contractors. Any damage to facilities on, under or over the real property near or on the Property as a result of the installation of any Mural shall be paid for or repaired at the expense of the Licensee. These provisions shall also apply to any other work involving installation, maintenance, repair, inspection, or removal of the Mural or restoration of the Property. Notwithstanding the foregoing, Licensor will have no duty to monitor any activities conducted by Licensee or Licensee's employees, agents or contractors. Any monitoring by Licensor of the activities conducted by Licensee, Licensee's employees, agents or contractors on or near the Property is for the sole benefit of Licensor and shall not create any duty, or obligation to Licensee or any other person. 10. Licensee agrees and understands that if Licensor has constructed natural gas gathering, storage, transmission, distribution or related facilities near the Property, the Licensee has been fully advised by Licensor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. The Licensee shall advise all of its employees, agents, contractors, Artists and other persons who work near the Property, pursuant to the provisions of this License Agreement, of the existence and nature of such natural gas facilities and the danger and risk involved. 11. Licensee agrees and understands that the Property is electric utility equipment and the Licensee has been fully advised by Licensor that (1) such electric utility facilities may now transmit and may continue to transmit electric current at significant voltages, and (2) the conductors on electric lines may not be insulated, and (3) Licensor may have constructed other electric power generation, transmission, distribution or related facilities near the Property which may also transmit electric current at significant voltages, and/or contain conductors on electric lines that may not be insulated. Licensee shall advise all of its employees, agents, contractors, Artists and other persons who undertake activities associated with the Murals near or on the Property, pursuant to the provisions of this License Agreement, of the existence and nature of such electric facilities and the potential danger and risk involved. In addition and without limiting the foregoing, Licensee shall not undertake, nor shall it permit any Artist to undertake any of the following as it relates to the Property: (1) the utility boxes shall not be opened at any time, for any reason, (2) all safety stickers shall remain where they are and are not allowed to be painted over, and (3) Licensee shall require all commissioned artists to participate in a safety training administered by Licensor or it's designee. (4) All locks, screws and doors to the utility box are to remain closed and in place during the painting process. 3 US.110832142.01 12. (a) As used in this License Agreement, the term "Claims" means (1) claims, demands, liens, suits, actions, proceedings, orders, decrees and judgments of any kind or nature whatsoever by or in favor of anyone whomsoever; (2) losses, liabilities, and expenses, including attorneys' fees, expert witness fees, consultant fees, and court and arbitration costs, at all levels, whether or not litigation or arbitration is commenced; (3) fines and penalties; (4) environmental costs, including, but not limited to, investigation, removal, remediation, and restoration costs, natural resource damages, and consultant and other fees and expenses; (5) damages of any kind, including lost profits and consequential damages; and (6) any and all other costs or expenses. (b) As used in this License Agreement, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; and (3) disease or actual or threatened health effect. (c) To the greatest extent allowable by law, Licensee shall protect, defend, indemnify, release, save and hold harmless Licensor, its partners, directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims and threatened Claims arising from, alleged to arise from, resulting from or alleged to result from, in whole or in part, (1) this License Agreement; (2) any act or omission of Licensee, or any of Licensee's employees, agents, contractors, consultants or any of their Artists or invitees; (3) Licensee, or any of Licensee's employees, agents, contractors or consultants, or any of their Artists or invitees interaction with the Property; or (4) the presence of the Licensee, or any of Licensee's employees, agents, contractors or consultants, or any of their Artists or invitees, in upon, at or about property on which the Property is located. (d) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, arising from, alleged to arise from, resulting from or alleged to result from, in whole or in part, actions or omissions performed or committed pursuant to this License Agreement, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of Licensee or its Artists, contractors, subcontractors, or their employees, and federal, state, or local government; (ii) Claims arising from, or alleged to be arising in any way from, the existence of any of the following that may be part of the Property or exist at or near the Property: (1) electric power generation, transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials. (iii) Claims arising from the presence, release, disturbance, and/or exacerbation of any Hazardous Materials as defined below, regardless of origin, in, on, over, or around the Property, or the off -site transportation and/or disposal of any Hazardous Materials; (iv) Claims arising from, or alleged to be arising in any way from, the acts or omissions of Licensee, the Artists, its sub -licensees, invitees, agents, or employees; (v) Claims occasioned by or related to an actual or alleged Injury; and 4 US.110832142.01 (vi) Claims arising from, occasioned by, or related to Licensee or Artist's failure to perform any agreement or covenant in this Agreement, or Artist or Licensee's breach of any covenant, representation, or warranty. (e) Notwithstanding any provision of the foregoing that may be interpreted to the contrary, this indemnity will not apply to any Claims if and to the extent directly caused by the gross negligence or willful misconduct of Licensor. Licensee's obligations under this Section shall survive the expiration or termination of the license and this License Agreement until satisfied. 13. Licensee shall purchase, maintain and require such insurance as shall protect Licensee and Licensor from claims which may in any way arise out of or be in any manner connected with the performance of this License Agreement, whether such claims arise out of the act or failure to act of the Licensee, Licensor, or of the direct or indirect delegee, appointee, or employee of either. (a) This insurance shall be as specified below, and, except for worker's compensation, automobile, and professional liability insurance policies, all insurance policies shall name Licensor as an additional insured: (i) Worker's Compensation as required by statute, and Employer's Liability Limit, in the amount of one million dollars ($1,000,000); (ii) Commercial General Liability Insurance, occurrence form, providing bodily injury, personal injury, and property damage liability coverage with combined single limits of not less than one and a half million dollars ($1,500,000); (iii) Comprehensive Automobile Liability with combined single limits of not less than one million dollars ($1,000,000); (iv) The policies described herein shall be endorsed to show that the insurers waive subrogation against Licensor, its directors, officers, and employees. (b) Certificates of Insurance acceptable to Licensor shall be submitted to Licensor prior to commencement of the installation of the Mural and use of the Property by Licensee. These certificates shall contain a provision that coverage afforded under the policies shall not be canceled or modified unless and until thirty (30) days prior written notice has been given Licensor. Notwithstanding the foregoing, Licensee has a continuing obligation to provide the insurance coverage described herein and none of the insurance required herein shall be canceled, changed, or allowed to lapse until installation ion has been completed. (c) Insurance specified herein shall be minimum requirements and Licensee is responsible for providing any additional insurance deemed necessary to protect Licensee's interests from other hazards or claims in excess of the minimum coverage. The liability of Licensee is not limited to available insurance coverage. 14. Licensee shall pay for any damage done to the Property as a result of the installation or maintenance of any Mural. 15. A copy of this License Agreement shall be maintained on site at all times during installation of each Mural and restoration of the Property. s US.110832142.01 16. Upon termination of this License Agreement for any reason, Licensee shall remove the Murals and shall restore the Property to its original color prior to this License Agreement taking effect or to condition as approved by Licensor in writing. Restoration shall occur no later than thirty (30) days following termination of this License Agreement. Removal and restoration of the Property shall be performed under the same terms and conditions as the installation of the Murals. If Licensee should fail to restore the Property, Licensor may, but is not obligated to, restore the Property at the expense of the Licensee. The provisions of this Section shall survive termination of this License Agreement. 17. Licensee will complete installation of each Mural and restoration of the Property and shall conduct its activities under this License Agreement in a good and workmanlike manner and in compliance with all applicable laws, regulations, rules, ordinances, and other requirements of governmental authorities ("Laws"). Licensee shall maintain each Mural in good order and condition at its sole cost and expense and in compliance with all Laws. Maintenance and restoration will be in accordance with the Plans and Specifications approved by Licensor. Such maintenance includes, but is not limited to prompt removal of any graffiti or other changes to the aesthetic nature of each Mural, damage repair, and general maintenance to keep each Mural in an attractive condition. If Licensee fails to perform such maintenance, Licensor may remove such Murals and/or restore the Property to its condition prior to this License Agreement taking effect and Licensee shall reimburse Licensor for all reasonable costs incurred in connection with such removal and/or restoration. Licensee also agrees to provide regular updates to Licensor, but no less frequently than quarterly, on all aspects of the activities contemplated under this License Agreement, including ongoing inspections of the painted surfaces of the Property and notification of any maintenance issues. Licensee may provide mapping of the Property in order to produce a directory of the project for tourism, provided, however that Licensor must pre -approve any such materials in writing and such materials must specify that this is a project that may be subject to revision or termination. 18. Licensee will not assign, transfer, mortgage or encumber this License Agreement or sublicense or permit occupancy or use of the Property, or any part thereof by any third party; nor shall any assignment or transfer of this License Agreement be effectuated by operation of law or otherwise, (any of the foregoing being hereinafter referred to as an "Assignment") without in each such case obtaining the prior written consent of Licensor, which consent may be withheld in Licensor's sole and absolute discretion. The consent by Licensor to any Assignment shall not be construed as a waiver or release of Licensee from the terms of any covenant or obligation under this License Agreement. Any Assignment or attempted Assignment by Licensee without Licensor's consent will terminate the license and this License Agreement. This License Agreement shall be binding upon and inure to the benefit of the parties hereto and, subject to the restrictions and limitations herein contained their respective heirs, successors and assigns. 19. Licensee shall pay for all costs related to each Mural, including any payments to Artists. 20. Licensee is solely responsible for determining whether the Property is suitable for each Mural and accepts the use of the Property "AS IS" without any express or implied warranties of any kind, including any warranty or representation of fitness for a particular purpose or any use. All materials, equipment, work, and installations of any nature painted on the Property by or on behalf of Licensee shall be at the risk of Licensee. Neither Licensor nor any party acting on Licensor's behalf shall be responsible for any damage or loss or destruction of such items installed 6 US.110832142.01 on the Property and Licensee hereby releases Licensor from all Claims arising out of loss, damage or destruction of such items. 21. Licensee shall bear the sole obligation of obtaining such other authority, permission, or rights as Licensee may need in addition to the rights provided in this License Agreement for the installation of each Mural and use of the Property. 22. Except with the express written permission of Licensor, Licensee shall not use or permit use on the Property or any real property on which the Property is located, any hazardous or toxic substance or material (including petroleum) regulated by the State of Minnesota, the United States government, or any other government authority with applicable jurisdiction ("Hazardous Materials"). In the event Licensee uses Hazardous Materials on the Property or brings Hazardous Materials onto the real property on which the Property is located (with or without permission of Licensor), Licensee shall comply with all applicable laws, ordinances, and regulations of federal, state, and local governmental agencies related to such Hazardous Materials. Licensee shall remove such Hazardous Materials from the Property or real property on which the Property is located immediately upon request of Licensor. Licensee shall bear all costs related to environmental investigation, cleanup, removal, or restoration of any water, air, groundwater, natural resources, soil, or land, including, but not limited to, the Property, incurred as a result of the presence of such Hazardous Materials on or near the Property, or arising out of the acts or omissions of Licensee, its agents, sublessees, invitees, or employees. 23. The failure of Licensor at any time or times to require performance of any provision in this License Agreement, shall in no manner affect its right at a later time to enforce the same. No waiver by Licensor of the breach of any terms or covenant contained in this License Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be construed as further or continuing waiver of any such breach or a breach of any other term or covenant of this License Agreement. 24. Nothing contained herein shall authorize a party or person or entity acting through, with or on behalf of Licensor to subject the license, the Property, or any portion thereof to mechanic's liens. If any liens are filed that impact the Property resulting or arising in connection with actions or agreements of Licensee, within fifteen (15) days after such filing, Licensee will release the same of record, either by payment or by providing a bond or other security satisfactory to Licensor. If Licensee fails to timely remove such lien, Licensor may, without waiving its rights and remedies based upon such breach by Licensee and without releasing Licensee from any obligation under this License Agreement, cause such liens to be released by any means Licensor deems proper, including, but not limited to, paying the claim giving rise to the lien or posting security to cause the discharge of the lien. In such event, Licensee will reimburse Licensor, on demand, for all amounts Licensor incurs (including, without limitation, the cost of a bond and reasonable attorneys' fees and costs). 25. All notices, demands, requests and other communications required or permitted under this License Agreement must be in writing and will be deemed received: (a) when personally delivered; or (b) three (3) business days after deposit in the United States mail, first class, postage prepaid, registered or certified; or (c) the first business day following deposit with a recognized overnight delivery service, such as United Parcel Service or Federal Express, in each case addressed as follows: US.110832142.01 If to Licensor: Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Attn: Community Relations With a copy to: Xcel Energy Services, Inc. 414 Nicollet Mall, 401-8 Attn: Legal Department Minneapolis, Minnesota 55401 If to the Licensee: City of Stillwater Attn: City Administrator 216 4th Street North Stillwater, Minnesota 55082 With a copy to: LeVander, Gillen & Miller 1305 Corporate Center Dr. Suite 300 Eagan, Minnesota 55121 Any party may change its address by giving notice to the others as provided for above. 26. Licensor may remove or replace any portion of the Property at any time in its sole discretion. In addition to other rights granted to Licensor to terminate this License Agreement and/or to require the removal of the Murals, Licensor may terminate this License Agreement and the license hereby granted, without compensation or liability to Licensee, by giving thirty (30) days prior notice of termination to Licensee upon or at any time after the occurrence of any of the following events: (a) Any condemnation or taking, or any conveyance, transfer or other disposition in lieu or in anticipation thereof, of any part of the real property underlying the Property. (b) Any other sale, dedication to any governmental authority, or any other transfer by Licensor of any part of the real property underlying the Property. (c) The failure of Licensee to comply with any provision of this License Agreement which failure continues for ten (10) days after notice from Licensor. Termination under this subsection (c) will not release Licensee from any of its obligations or liability under this License Agreement. In addition to any other right or remedy Licensor may have under this License Agreement or at law, without waiving any Claim against Licensee, Licensor may, but is not obligated to, pay or perform any obligation of Licensee not fully or timely paid or performed and all costs incurred by Licensor in connection therewith shall be paid by Licensee to Licensor upon demand. 27. (a) This License Agreement may be executed in up to two original counterparts, each of which shall be deemed an original of this instrument. 8 US.110832142.01 (b) This License Agreement incorporates all agreements and stipulations between Licensor and Licensee as to the Property and each Mural and no prior representations or statements, verbal or written, shall modify, supplement or change the terms of this License Agreement. The title of this document is inserted for convenience only and does not define or limit the rights granted pursuant to this License Agreement. This License Agreement consists of the document entitled "License Agreement" and Exhibits containing (i) the description and location of the Property; and (ii) a waiver to be executed by each Artist upon Artist's acceptance of the commission to create and install any Mural. No other exhibit, addendum, schedule or other attachment (collectively "Addenda") is authorized by Licensor, and no Addenda shall be effective and binding upon Licensor unless separately executed by an authorized representative of Licensor. This License Agreement may only be modified by a writing executed and delivered by Licensee and an authorized representative of Licensor. (c) This License Agreement shall be governed by and construed in accordance with the laws of Minnesota. (d) "Licensee" shall include the singular, plural, feminine, masculine and neuter. If more than one person or entity shall sign this License Agreement as Licensee, the obligations set forth herein shall be deemed joint and several obligations of each such party or entity. (e) This License Agreement may not be recorded or filed for record in the real estate records of the County in which the Property is located, nor in any other public office or records. In the event Licensee records or files this License Agreement, this License Agreement shall automatically terminate. 28. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Property to any governmental entity, the general public, or for any public use or purpose whatsoever. No rights or privileges of any party hereto shall inure to the benefit of any third party, nor shall any third party be deemed to be a beneficiary of any of the provisions contained herein. Licensor may, in its discretion and at its expense, install and maintain a plaque or sign on any Mural stating that the Mural is on Property owned by Licensor, is installed on a temporary basis and is subject to removal. 29. Licensee's covenants, agreements, and indemnity obligations shall survive the termination of this License Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 9 US.110832142.01 IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. LICENSOR: NORTHERN STATES POWER COMPANY, a Minnesota corporation Name: Its: Signature Page US. 110832142.01License Agreement (Murals - ) LICENSEE: CITY OF STILLWATER a Minnesota municipal corporation ATTEST: City Clerk Beth Wolf Mayor Ted Kozlowski Signature Page US. 110832142.01License Agreement (Murals - EXHIBIT A DESCRIPTION OF THE PROPERTY No. of cabinets @ City Locations/Landmark location Type All the above locations are within the City of Stillwater, Minnesota. Additional properties to be added by mutual agreement of both parties as additional boxes are identified. FEW EXHIBIT B ARTIST AGREEMENT Waiver of Rights and Release I, [Insert artist's—], will prepare and install a work of visual art on utility boxes owned by Northern States Power Company, a Minnesota corporationi6vat M"), pursuant to a license agreement between NSPM and the City of ("C ") [insert ad] (the "Mural"). Terms related to the Mural are governed by the License Agreement with the City and this Waiver of Rights and Release (collectively, "License Agreement"). I acknowledge that the Mural may be subject to the provisions of the Visual Artists Rights Act of 1990,17 U.S.C. § 106A ("VARA"). I hereby expressly waive any and all rights arising under VARA relating to any and all uses which may implicate the right to be acknowledged as the author of the Mural; the right of integrity; the right to decide when and in what form the Mural shall be presented to the public; the right to prevent the distortion, mutilation, modification or destruction of the Mural, or any other right granted under 17 U.S.C. § 106A. I acknowledge that the installation of the Mural may subject the Mural to destruction, distortion, mutilation, or other modification, by reason of its removal. I agree that the City and/or NSPM, and their successors, assigns or agents may modify or remove the Mural in whole or in part, at any time and for any reason (or for no reason at all) without any obligation to restore the Mural. I hereby expressly waive any and all rights arising to the ownership or creation of the Mural and have no ownership interest in the Mural. I hereby release and discharge NSPM, the City, and their respective directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from any and all claims and demands arising out of or in connection with the Mural including, without limitation, any claims under VARA or any other section of Title 17 of the United States code or state law. Neither I, nor my employees, agents and contractors, shall begin installing the Mural on the electric utility boxes until I provide NSPM and the City with detailed plans and specifications for the Mural design, including without limitation, colors, materials, dimensions, and methods of application ("Plans and Specifications"), and such Plans and Specifications have been approved by NSPM and the City in writing, in NSPM and the City's sole and absolute discretion. If NSPM and the City approve the Plans and Specifications, the Mural must be implemented in the precise manner depicted therein; no changes, modifications or alterations may be made to the Plans and Specifications without NSPM's prior written consent. In addition, I shall notify NSPM and the City at least ten (10) business days prior to the commencement of installing the Mural. I, and my employees, agents and contractors, shall obey all NSPM's written rules and regulations and oral instructions made known to me and my employees, agents and contractors. These provisions shall also apply to any other work involving installation, maintenance, repair, inspection, or removal of the Mural. I acknowledge, understand and agree that the Mural will be located on the outside of the electric utility boxes only. I acknowledge, understand and agree that all safety stickers, equipment B-1 labels and markings shall remain where they are and are not allowed to be painted over. I understand, acknowledge and agree that I am required to participate in a safety training. Neither I, nor my employees, agents and contractors, may open the utility box at any time, for any reason or otherwise access such area. I understand and acknowledge that accessing and tampering with the interior of the utility box is prohibited and subjects me to civil and criminal liability. Electric utility boxes and other utility equipment that NSPM may have constructed near the utility boxes, including electric power generation, transmission, and distribution facilities, are used to generate, transmit and/or transform electric current at significant voltages, and that the conductors on electric lines may not be insulated. I understand this and will advise all of my employees, agents, contractors, and other persons who undertake activities associated with the Murals near of the existence and nature of such electric facilities and the potential danger and risk involved. I hereby acknowledge that the work to create, install, maintain, repair, inspect, modify or remove the Mural is done at my own risk and hereby release and agree to hold harmless NSPM, the City, and their respective partners, directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all claims arising from, alleged to arise from, or related to any Injury (as defined below) allegedly or actually occurring, resulting from, or occasioned in whole or in part, by the creation, installation, maintenance, repair, inspection, modification, or removal of the Mural or restoration of the Property. As used in this Waiver, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; and (3) disease or actual or threatened health effect. I acknowledge and agree that NSPM or City may, in its discretion, install and maintain a plaque or sign on the Mural stating that the Mural is on Property owned by NSPM, is installed on a temporary basis and is subject to removal. I acknowledge that this Waiver of Rights and Release survives even if my relationship with NSPM or the City terminates the License Agreement. I understand that NSPM may transfer its rights under the License Agreement or this Waiver of Rights and Release at any time and for any reason without my prior consent. I have read the License Agreement and this Waiver of Rights and Release and agree to be bound by its terms. Name and Title of Signee (Type or Print) Street Address Signature Date City, State Zip Area Code and Telephone Number EXHIBIT C Mural Application Requirements and Limitations Each piece of ground equipment is an integral part of the local electric grid. This equipment carries significant voltage and must be protected for public safety, as well as the reliable delivery of electricity. Prior to entering into any agreement, please consider the following requirements and limitations: City will provide a list of ground equipment with location it would like to consider painting. Xcel Energy will evaluate the requested equipment to confirm whether it is suitable for painting. When considering design, keep in mind that this equipment cannot be camouflaged, or otherwise made to blend in with surroundings. Paint Requirements and Process Pressure washing to remove graffiti is not permitted. The factory applied paint coating must not be compromised by scraping, sanding or chemical etching. The original surface can be cleaned and primed before the artists begin painting. You must use high quality acrylic -based products on Xcel Energy ground equipment: • Paint Types require premium high solids 100% acrylic latex waterborne exterior wall and trim. • Paint must be low sheen: eggshell or satin finish. • Paint must have a minimum 1.5 mil dry thickness per coat. • Paint Products (in recommended order): 1. Nova Color (preferred) 2. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin 3. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell 4. Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Luster 5. Frazee # 126 Mirror Glide Low Sheen Acrylic Latex 6. Kelly Moore #1245 Acry-Shield Acrylic Latex Low Sheen • Golden brand is a nice, high quality artists' acrylic that can be purchased at local art supply stores. o For thicker paint — use Golden Heavy Body C-1 o For thinner paint — use Golden Fluid Acrylics. o Do not use Golden Open Acrylic — the paint does not cure quickly enough. o If you need to use thin artists' acrylics, use an appropriate medium instead of water for better adhesion. o Titanium White paints are not allowed. o High quality exterior latex acrylic house paint can be used. o Do not use paint pens -- they fade in the sun. o Do not thin paints with water it causes poor adhesion, especially when it rains. • Do not use Liquitex brand paint as it does not have good adhesion. Exterior UV protectant and anti -graffiti clear coat is recommended over mural. A low VOC coating that can have graffiti removed by wiping is preferred. (e.g., Sherman Williams Industrial & Marine Coatings Anti -Graffiti Coating Clear B97 C 150 6501-09820) Avoid dark palettes as they may cause the equipment to overheat. Artists shall protect and not paint over functional areas: hinges, vents, handles, locks, placards, numbers, fault indicator windows, as shown in the following examples. tlet�— me�ao. Keep Out C-2 LICENSE AGREEMENT (Equipment Murals) This LICENSE AGREEMENT ("License Agreement") is made , 2023 ("Effective Date") by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation ("Licensor") and the CITY OF STILLWATER, MINNESOTA, a Minnesota municipal corporation ("Licensee"). RECITALS A. Licensor is the owner of certain electric utility boxes as described on Exhibit A, attached hereto and made a part hereof (collectively, the "Property"), and desires to protect and preserve the safe and continued future use of said Property for utility purposes. B. Licensee desires to commission the creation of certain painted murals by to -be -selected artist(s) (each an "Artist" and collectively, the "Artists") upon the Property (each a "Mural" and collectively, the `Murals"). C. The Murals are subject to the terms of this License Agreement and involve only the Property and no other equipment, assets or property owned by Licensor. D. Licensor is willing to consent to the Murals subject to the terms and conditions stated in this License Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Licensor hereby grants to Licensee, upon the terms and conditions hereinafter stated in this License Agreement, the non-exclusive permission and right to install, maintain, repair, inspect, and remove the Murals on the Property and to restore the Property to its original color at the termination of this License Agreement. Licensee will not conduct or permit anyone to conduct any activities or install any improvements on the Property which deviate in any manner from the terms of this License Agreement, including, but not limited to, the Mural Application requirements and limitations contained on Exhibit C, without the prior written consent of Licensor, which may be withheld in its sole and absolute discretion. Licensee is responsible for securing any permits, licenses or other approvals for any additional space needed, for staging work areas or otherwise to facilitate the application of the Murals or restoration of the Property. Licensee is also responsible for obtaining any permissions or approvals from the applicable owners of the real property on which the Property is located. 2. Installation of the Murals on the Property must be completed within sixty (60) days after commencement of such installation. If installation of the Murals is not fully commenced and completed by the date which is twelve (12) months after the Effective Date, this License Agreement will automatically terminate without any further action or notice by Licensor or Licensee. 1 US.110832142.01 3. This Agreement shall be effective from its Effective Date for a term of five (5) years, unless extended by mutual written consent of the parties. Upon termination, if requested by Licensor, Licensee will remove the Murals and restore the Property to its original color pursuant to Paragrgph 16, at no cost to Licensor and in accordance with the terms of this License Agreement. No delay in making the request under this paragraph will limit or affect Licensor's right to request such restoration. 4. This License Agreement does not convey an interest in real or personal property. The parties do not by this License Agreement intend to create a lease, easement, or any other property interest. Nothing contained in this License Agreement shall be deemed or construed to create a partnership or joint venture of or between Licensor and Licensee, or to create any other relationship between the parties other than that of licensor and licensee. 5. Licensor intends to use the Property for all purposes in connection with electric power generation, transmission, or distribution and/or natural gas gathering, storage, transmission, or distribution, and the rights herein granted to the Licensee for the use of the Property are subject to the rights of Licensor to use the Property for such purposes, which rights Licensor hereby expressly reserves. If at any time Licensor needs to remove or modify the Property upon which a Mural is located, in whole or in part, in connection with Licensor's operation of the Property, it may do so without regard for the Murals and Licensor will not be obligated to protect or restore the Murals and will not be responsible for any damage to the Mural and Licensee hereby fully and irrevocably releases Licensor from any and all liability regarding the same. 6. Licensee shall not interfere with Licensor's activities or facilities related to the Property, including the Property itself, and Licensee shall install and maintain the Murals and conduct its activities in a safe and prudent manner. Prior to the installation any Murals, Licensor shall conduct a safety meeting which the Licensee and its employees, agents and contractors (including the Artists) must attend. Licensee and Licensee's employees, agents and contractors (including the Artists) may not commence installation of any Murals without written confirmation from Licensor evidencing the attendance of such safety meeting. 7. Licensor may terminate this License Agreement, in whole or in part, by giving thirty (30) days' notice to Licensee. Following such notice, at its sole expense, Licensee will restore the Property to its original color within such thirty (30) day period. If Licensor determines, in its sole and absolute discretion, (i) that any or all of the Murals may interfere with the operation and maintenance of Licensor's facilities, as now or hereafter constructed, or (ii) that Licensee's use of the Property should, in the sole judgment of Licensor, constitute a hazard to Licensor's facilities or the general public, Licensor may terminate this License Agreement and require Licensee to restore the Property to its original condition or color to eliminate such interference or hazard, and thereafter Licensee may not use, modify or alter the Property in any manner. In either instance, if Licensee fails to remove the Murals and restore the Property to its original color, licensor may replace the Property, remove the Murals or restore the Property to its original color, and Licensee shall reimburse Licensor for all reasonable costs incurred in connection with such replacement, removal or restoration. 8. The license granted by this License Agreement is issued subject to any prior licenses or other rights affecting the Property. Licensor reserves the right to grant licenses to others regarding the Property. The license herein granted may also be subject and subordinate to the lien of Licensor's Indenture. 2 US.110832142.01 9. The Licensee agrees that Licensee and Licensee's employees, agents and contractors (including the Artists) shall not begin installing any Murals on the Property until the Licensee (a) provides Licensor with detailed plans and specifications for each Mural design, including without limitations, colors, materials, dimensions, and methods of application ("Plans and Specifications"), and such Plans and Specifications have been approved in writing by Licensor in Licensor's sole and absolute discretion; and (b) has obtained the agreement of the Artist to the terms and conditions of this License Agreement and Licensee has delivered to Licensor an executed copy of the agreement attached hereto as Exhibit B. The Murals must be implemented in the precise manner depicted in the Plans and Specifications; no changes, modifications or alterations may be made to the Plans and Specifications without Licensor's prior written consent, which may be withheld in its sole and absolute discretion. In addition, Licensee shall notify Licensor at least ten (10) business days prior to the commencement of installing any Mural on the Property. Licensee and Licensee's employees, agents and contractors shall obey all Licensor written rules and regulations and oral instructions made known to Licensee and Licensee's employees, agents and contractors. Any damage to facilities on, under or over the real property near or on the Property as a result of the installation of any Mural shall be paid for or repaired at the expense of the Licensee. These provisions shall also apply to any other work involving installation, maintenance, repair, inspection, or removal of the Mural or restoration of the Property. Notwithstanding the foregoing, Licensor will have no duty to monitor any activities conducted by Licensee or Licensee's employees, agents or contractors. Any monitoring by Licensor of the activities conducted by Licensee, Licensee's employees, agents or contractors on or near the Property is for the sole benefit of Licensor and shall not create any duty, or obligation to Licensee or any other person. 10. Licensee agrees and understands that if Licensor has constructed natural gas gathering, storage, transmission, distribution or related facilities near the Property, the Licensee has been fully advised by Licensor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. The Licensee shall advise all of its employees, agents, contractors, Artists and other persons who work near the Property, pursuant to the provisions of this License Agreement, of the existence and nature of such natural gas facilities and the danger and risk involved. 11. Licensee agrees and understands that the Property is electric utility equipment and the Licensee has been fully advised by Licensor that (1) such electric utility facilities may now transmit and may continue to transmit electric current at significant voltages, and (2) the conductors on electric lines may not be insulated, and (3) Licensor may have constructed other electric power generation, transmission, distribution or related facilities near the Property which may also transmit electric current at significant voltages, and/or contain conductors on electric lines that may not be insulated. Licensee shall advise all of its employees, agents, contractors, Artists and other persons who undertake activities associated with the Murals near or on the Property, pursuant to the provisions of this License Agreement, of the existence and nature of such electric facilities and the potential danger and risk involved. In addition and without limiting the foregoing, Licensee shall not undertake, nor shall it permit any Artist to undertake any of the following as it relates to the Property: (1) the utility boxes shall not be opened at any time, for any reason, (2) all safety stickers shall remain where they are and are not allowed to be painted over, and (3) Licensee shall require all commissioned artists to participate in a safety training administered by Licensor or it's designee. (4) All locks, screws and doors to the utility box are to remain closed and in place during the painting process. 3 US.110832142.01 12. (a) As used in this License Agreement, the term "Claims" means (1) claims, demands, liens, suits, actions, proceedings, orders, decrees and judgments of any kind or nature whatsoever by or in favor of anyone whomsoever; (2) losses, liabilities, and expenses, including attorneys' fees, expert witness fees, consultant fees, and court and arbitration costs, at all levels, whether or not litigation or arbitration is commenced; (3) fines and penalties; (4) environmental costs, including, but not limited to, investigation, removal, remediation, and restoration costs, natural resource damages, and consultant and other fees and expenses; (5) damages of any kind, including lost profits and consequential damages; and (6) any and all other costs or expenses. (b) As used in this License Agreement, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; and (3) disease or actual or threatened health effect. (c) To the greatest extent allowable by law, Licensee shall protect, defend, indemnify, release, save and hold harmless Licensor, its partners, directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims and threatened Claims arising from, alleged to arise from, resulting from or alleged to result from, in whole or in part, (1) this License Agreement; (2) any act or omission of Licensee, or any of Licensee's employees, agents, contractors, consultants or any of their Artists or invitees; (3) Licensee, or any of Licensee's employees, agents, contractors or consultants, or any of their Artists or invitees interaction with the Property; or (4) the presence of the Licensee, or any of Licensee's employees, agents, contractors or consultants, or any of their Artists or invitees, in upon, at or about property on which the Property is located. (d) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, arising from, alleged to arise from, resulting from or alleged to result from, in whole or in part, actions or omissions performed or committed pursuant to this License Agreement, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of Licensee or its Artists, contractors, subcontractors, or their employees, and federal, state, or local government; (ii) Claims arising from, or alleged to be arising in any way from, the existence of any of the following that may be part of the Property or exist at or near the Property: (1) electric power generation, transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials. (iii) Claims arising from the presence, release, disturbance, and/or exacerbation of any Hazardous Materials as defined below, regardless of origin, in, on, over, or around the Property, or the off -site transportation and/or disposal of any Hazardous Materials; (iv) Claims arising from, or alleged to be arising in any way from, the acts or omissions of Licensee, the Artists, its sub -licensees, invitees, agents, or employees; (v) Claims occasioned by or related to an actual or alleged Injury; and 4 US.110832142.01 (vi) Claims arising from, occasioned by, or related to Licensee or Artist's failure to perform any agreement or covenant in this Agreement, or Artist or Licensee's breach of any covenant, representation, or warranty. (e) Notwithstanding any provision of the foregoing that may be interpreted to the contrary, this indemnity will not apply to any Claims if and to the extent directly caused by the gross negligence or willful misconduct of Licensor. Licensee's obligations under this Section shall survive the expiration or termination of the license and this License Agreement until satisfied. 13. Licensee shall purchase, maintain and require such insurance as shall protect Licensee and Licensor from claims which may in any way arise out of or be in any manner connected with the performance of this License Agreement, whether such claims arise out of the act or failure to act of the Licensee, Licensor, or of the direct or indirect delegee, appointee, or employee of either. (a) This insurance shall be as specified below, and, except for worker's compensation, automobile, and professional liability insurance policies, all insurance policies shall name Licensor as an additional insured: (i) Worker's Compensation as required by statute, and Employer's Liability Limit, in the amount of one million dollars ($1,000,000); (ii) Commercial General Liability Insurance, occurrence form, providing bodily injury, personal injury, and property damage liability coverage with combined single limits of not less than one and a half million dollars ($1,500,000); (iii) Comprehensive Automobile Liability with combined single limits of not less than one million dollars ($1,000,000); (iv) The policies described herein shall be endorsed to show that the insurers waive subrogation against Licensor, its directors, officers, and employees. (b) Certificates of Insurance acceptable to Licensor shall be submitted to Licensor prior to commencement of the installation of the Mural and use of the Property by Licensee. These certificates shall contain a provision that coverage afforded under the policies shall not be canceled or modified unless and until thirty (30) days prior written notice has been given Licensor. Notwithstanding the foregoing, Licensee has a continuing obligation to provide the insurance coverage described herein and none of the insurance required herein shall be canceled, changed, or allowed to lapse until installation ion has been completed. (c) Insurance specified herein shall be minimum requirements and Licensee is responsible for providing any additional insurance deemed necessary to protect Licensee's interests from other hazards or claims in excess of the minimum coverage. The liability of Licensee is not limited to available insurance coverage. 14. Licensee shall pay for any damage done to the Property as a result of the installation or maintenance of any Mural. 15. A copy of this License Agreement shall be maintained on site at all times during installation of each Mural and restoration of the Property. s US.110832142.01 16. Upon termination of this License Agreement for any reason, Licensee shall remove the Murals and shall restore the Property to its original color prior to this License Agreement taking effect or to condition as approved by Licensor in writing. Restoration shall occur no later than thirty (30) days following termination of this License Agreement. Removal and restoration of the Property shall be performed under the same terms and conditions as the installation of the Murals. If Licensee should fail to restore the Property, Licensor may, but is not obligated to, restore the Property at the expense of the Licensee. The provisions of this Section shall survive termination of this License Agreement. 17. Licensee will complete installation of each Mural and restoration of the Property and shall conduct its activities under this License Agreement in a good and workmanlike manner and in compliance with all applicable laws, regulations, rules, ordinances, and other requirements of governmental authorities ("Laws"). Licensee shall maintain each Mural in good order and condition at its sole cost and expense and in compliance with all Laws. Maintenance and restoration will be in accordance with the Plans and Specifications approved by Licensor. Such maintenance includes, but is not limited to prompt removal of any graffiti or other changes to the aesthetic nature of each Mural, damage repair, and general maintenance to keep each Mural in an attractive condition. If Licensee fails to perform such maintenance, Licensor may remove such Murals and/or restore the Property to its condition prior to this License Agreement taking effect and Licensee shall reimburse Licensor for all reasonable costs incurred in connection with such removal and/or restoration. Licensee also agrees to provide regular updates to Licensor, but no less frequently than quarterly, on all aspects of the activities contemplated under this License Agreement, including ongoing inspections of the painted surfaces of the Property and notification of any maintenance issues. Licensee may provide mapping of the Property in order to produce a directory of the project for tourism, provided, however that Licensor must pre -approve any such materials in writing and such materials must specify that this is a project that may be subject to revision or termination. 18. Licensee will not assign, transfer, mortgage or encumber this License Agreement or sublicense or permit occupancy or use of the Property, or any part thereof by any third party; nor shall any assignment or transfer of this License Agreement be effectuated by operation of law or otherwise, (any of the foregoing being hereinafter referred to as an "Assignment") without in each such case obtaining the prior written consent of Licensor, which consent may be withheld in Licensor's sole and absolute discretion. The consent by Licensor to any Assignment shall not be construed as a waiver or release of Licensee from the terms of any covenant or obligation under this License Agreement. Any Assignment or attempted Assignment by Licensee without Licensor's consent will terminate the license and this License Agreement. This License Agreement shall be binding upon and inure to the benefit of the parties hereto and, subject to the restrictions and limitations herein contained their respective heirs, successors and assigns. 19. Licensee shall pay for all costs related to each Mural, including any payments to Artists. The Mural shall not be deemed public art, gift or dedication of the Mural or any portion of the Property to any governmental entity, the general public, or for any public use or purpose whatsoever. 20. Licensee is solely responsible for determining whether the Property is suitable for each Mural and accepts the use of the Property "AS IS" without any express or implied warranties of any kind, including any warranty or representation of fitness for a particular purpose or any use. All materials, equipment, work, and installations of any nature painted on the Property by or on 6 US.110832142.01 behalf of Licensee shall be at the risk of Licensee. Neither Licensor nor any party acting on Licensor's behalf shall be responsible for any damage or loss or destruction of such items installed on the Property and Licensee hereby releases Licensor from all Claims arising out of loss, damage or destruction of such items. 21. Licensee shall bear the sole obligation of obtaining such other authority, permission, or rights as Licensee may need in addition to the rights provided in this License Agreement for the installation of each Mural and use of the Property. 22. Except with the express written permission of Licensor, Licensee shall not use or permit use on the Property or any real property on which the Property is located, any hazardous or toxic substance or material (including petroleum) regulated by the State of Minnesota, the United States government, or any other government authority with applicable jurisdiction ("Hazardous Materials"). In the event Licensee uses Hazardous Materials on the Property or brings Hazardous Materials onto the real property on which the Property is located (with or without permission of Licensor), Licensee shall comply with all applicable laws, ordinances, and regulations of federal, state, and local governmental agencies related to such Hazardous Materials. Licensee shall remove such Hazardous Materials from the Property or real property on which the Property is located immediately upon request of Licensor. Licensee shall bear all costs related to environmental investigation, cleanup, removal, or restoration of any water, air, groundwater, natural resources, soil, or land, including, but not limited to, the Property, incurred as a result of the presence of such Hazardous Materials on or near the Property, or arising out of the acts or omissions of Licensee, its agents, sublessees, invitees, or employees. 23. The failure of Licensor at any time or times to require performance of any provision in this License Agreement, shall in no manner affect its right at a later time to enforce the same. No waiver by Licensor of the breach of any terms or covenant contained in this License Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be construed as further or continuing waiver of any such breach or a breach of any other term or covenant of this License Agreement. 24. Nothing contained herein shall authorize a party or person or entity acting through, with or on behalf of Licensor to subject the license, the Property, or any portion thereof to mechanic's liens. If any liens are filed that impact the Property resulting or arising in connection with actions or agreements of Licensee, within fifteen (15) days after such filing, Licensee will release the same of record, either by payment or by providing a bond or other security satisfactory to Licensor. If Licensee fails to timely remove such lien, Licensor may, without waiving its rights and remedies based upon such breach by Licensee and without releasing Licensee from any obligation under this License Agreement, cause such liens to be released by any means Licensor deems proper, including, but not limited to, paying the claim giving rise to the lien or posting security to cause the discharge of the lien. In such event, Licensee will reimburse Licensor, on demand, for all amounts Licensor incurs (including, without limitation, the cost of a bond and reasonable attorneys' fees and costs). 25. All notices, demands, requests and other communications required or permitted under this License Agreement must be in writing and will be deemed received: (a) when personally delivered; or (b) three (3) business days after deposit in the United States mail, first class, postage prepaid, registered or certified; or (c) the first business day following deposit with a recognized overnight delivery service, such as United Parcel Service or Federal Express, in each case addressed as follows: 7 US.110832142.01 If to Licensor: Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Attn: Community Relations With a copy to: Xcel Energy Services, Inc. 414 Nicollet Mall, 401-8 Attn: Legal Department Minneapolis, Minnesota 55401 If to the Licensee: City of Stillwater Attn: City Administrator 216 4th Street North Stillwater, Minnesota 55082 With a copy to: LeVander, Gillen & Miller 1305 Corporate Center Dr. Suite 300 Eagan, Minnesota 55121 Any party may change its address by giving notice to the others as provided for above. 26. Licensor may remove or replace any portion of the Property at any time in its sole discretion. In addition to other rights granted to Licensor to terminate this License Agreement and/or to require the removal of the Murals, Licensor may terminate this License Agreement and the license hereby granted, without compensation or liability to Licensee, by giving thirty (30) days prior notice of termination to Licensee upon or at any time after the occurrence of any of the following events: (a) Any condemnation or taking, or any conveyance, transfer or other disposition in lieu or in anticipation thereof, of any part of the real property underlying the Property. (b) Any other sale, dedication to any governmental authority, or any other transfer by Licensor of any part of the real property underlying the Property. (c) The failure of Licensee to comply with any provision of this License Agreement which failure continues for ten (10) days after notice from Licensor. Termination under this subsection (c) will not release Licensee from any of its obligations or liability under this License Agreement. In addition to any other right or remedy Licensor may have under this License Agreement or at law, without waiving any Claim against Licensee, Licensor may, but is not obligated to, pay or perform any obligation of Licensee not fully or timely paid or performed and all costs incurred by Licensor in connection therewith shall be paid by Licensee to Licensor upon demand. 27. (a) This License Agreement may be executed in up to two original counterparts, each of which shall be deemed an original of this instrument. 8 US.110832142.01 (b) This License Agreement incorporates all agreements and stipulations between Licensor and Licensee as to the Property and each Mural and no prior representations or statements, verbal or written, shall modify, supplement or change the terms of this License Agreement. The title of this document is inserted for convenience only and does not define or limit the rights granted pursuant to this License Agreement. This License Agreement consists of the document entitled "License Agreement" and Exhibits containing (i) the description and location of the Property; and (ii) a waiver to be executed by each Artist upon Artist's acceptance of the commission to create and install any Mural. No other exhibit, addendum, schedule or other attachment (collectively "Addenda") is authorized by Licensor, and no Addenda shall be effective and binding upon Licensor unless separately executed by an authorized representative of Licensor. This License Agreement may only be modified by a writing executed and delivered by Licensee and an authorized representative of Licensor. (c) This License Agreement shall be governed by and construed in accordance with the laws of Minnesota. (d) "Licensee" shall include the singular, plural, feminine, masculine and neuter. If more than one person or entity shall sign this License Agreement as Licensee, the obligations set forth herein shall be deemed joint and several obligations of each such party or entity. (e) This License Agreement may not be recorded or filed for record in the real estate records of the County in which the Property is located, nor in any other public office or records. In the event Licensee records or files this License Agreement, this License Agreement shall automatically terminate. 28. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Property to any governmental entity, the general public, or for any public use or purpose whatsoever. No rights or privileges of any party hereto shall inure to the benefit of any third party, nor shall any third party be deemed to be a beneficiary of any of the provisions contained herein. Licensor may, in its discretion and at its expense, install and maintain a plaque or sign on any Mural stating that the Mural is on Property owned by Licensor, is installed on a temporary basis and is subject to removal. 29. Licensee's covenants, agreements, and indemnity obligations shall survive the termination of this License Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 9 US.110832142.01 IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. LICENSOR: NORTHERN STATES POWER COMPANY, a Minnesota corporation By:_ Name: Its: Signature Page US. 110832142.01 License Agreement (Murals - LICENSEE: CITY OF STILLWATER a Minnesota municipal corporation ATTEST: City Clerk Beth Wolf Mayor Ted Kozlowski Signature Page US. 110832142.01 License Agreement (Murals - ) EXHIBIT A DESCRIPTION OF THE PROPERTY No. of cabinets @ City Locations/Landmark location I Type All the above locations are within the City of , Minnesota. Additional properties to be added by mutual agreement of both parties as additional boxes are identified. FEW EXHIBIT B ARTIST AGREEMENT Waiver of Rights and Release I, [ ], will prepare and install a work of visual art on utility boxes owned by Northern States Power Company, a Minnesota corporation "NSPM"), pursuant to a license agreement between NSPM and the City of ("City") [located at [insert addred] (the "Mural"). Terms related to the Mural are governed by the License Agreement with the City and this Waiver of Rights and Release (collectively, "License Agreement"). I acknowledge that the Mural may be subject to the provisions of the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A ("VARA"). I hereby expressly waive any and all rights arising under VARA relating to any and all uses which may implicate the right to be acknowledged as the author of the Mural; the right of integrity; the right to decide when and in what form the Mural shall be presented to the public; the right to prevent the distortion, mutilation, modification or destruction of the Mural, or any other right granted under 17 U.S.C. § 106A. I acknowledge that the installation of the Mural may subject the Mural to destruction, distortion, mutilation, or other modification, by reason of its removal. I agree that the City and/or NSPM, and their successors, assigns or agents may modify or remove the Mural in whole or in part, at any time and for any reason (or for no reason at all) without any obligation to restore the Mural. I hereby expressly waive any and all rights arising to the ownership or creation of the Mural and have no ownership interest in the Mural. I hereby release and discharge NSPM, the City, and their respective directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from any and all claims and demands arising out of or in connection with the Mural including, without limitation, any claims under VARA or any other section of Title 17 of the United States code or state law. Neither I, nor my employees, agents and contractors, shall begin installing the Mural on the electric utility boxes until I provide NSPM and the City with detailed plans and specifications for the Mural design, including without limitation, colors, materials, dimensions, and methods of application ("Plans and Specifications"), and such Plans and Specifications have been approved by NSPM and the City in writing, in NSPM and the City's sole and absolute discretion. If NSPM and the City approve the Plans and Specifications, the Mural must be implemented in the precise manner depicted therein; no changes, modifications or alterations may be made to the Plans and Specifications without NSPM's prior written consent. In addition, I shall notify NSPM and the City at least ten (10) business days prior to the commencement of installing the Mural. I, and my employees, agents and contractors, shall obey all NSPM's written rules and regulations and oral instructions made known to me and my employees, agents and contractors. These provisions shall also apply to any other work involving installation, maintenance, repair, inspection, or removal of the Mural. I acknowledge, understand and agree that the Mural will be located on the outside of the electric utility boxes only. I acknowledge, understand and agree that all safety stickers, equipment labels and markings shall remain where they are and are not allowed to be painted over. I B-1 understand, acknowledge and agree that I am required to participate in a safety training. Neither I, nor my employees, agents and contractors, may open the utility box at any time, for any reason or otherwise access such area. I understand and acknowledge that accessing and tampering with the interior of the utility box is prohibited and subjects me to civil and criminal liability. Electric utility boxes and other utility equipment that NSPM may have constructed near the utility boxes, including electric power generation, transmission, and distribution facilities, are used to generate, transmit and/or transform electric current at significant voltages, and that the conductors on electric lines may not be insulated. I understand this and will advise all of my employees, agents, contractors, and other persons who undertake activities associated with the Murals near of the existence and nature of such electric facilities and the potential danger and risk involved. I hereby acknowledge that the work to create, install, maintain, repair, inspect, modify or remove the Mural is done at my own risk and hereby release and agree to hold harmless NSPM, the City, and their respective partners, directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all claims arising from, alleged to arise from, or related to any Injury (as defined below) allegedly or actually occurring, resulting from, or occasioned in whole or in part, by the creation, installation, maintenance, repair, inspection, modification, or removal of the Mural or restoration of the Property. As used in this Waiver, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; and (3) disease or actual or threatened health effect. I acknowledge and agree that NSPM or City may, in its discretion, install and maintain a plaque or sign on the Mural stating that the Mural is on Property owned by NSPM, is installed on a temporary basis and is subject to removal. I acknowledge that this Waiver of Rights and Release survives even if my relationship with NSPM or the City terminates the License Agreement. I understand that NSPM may transfer its rights under the License Agreement or this Waiver of Rights and Release at any time and for any reasonwithout my prior consent. I have read the License Agreement and this Waiver of Rights and Release and agree to be bound by its terms. Name and Title of Signee (Type or Print) Street Address Signature Date City, State Zip Area Code and Telephone Number EXHIBIT C Mural Application Requirements and Limitations Each piece of ground equipment is an integral part of the local electric grid. This equipment carries significant voltage and must be protected for public safety, as well as the reliable delivery of electricity. Prior to entering into any agreement, please consider the following requirements and limitations: City will provide a list of ground equipment with location it would like to consider painting. Xcel Energy will evaluate the requested equipment to confirm whether it is suitable for painting. When considering design, keep in mind that this equipment cannot be camouflaged, or otherwise made to blend in with surroundings. Paint Requirements and Process Pressure washing to remove graffiti is not permitted. The factory applied paint coating must not be compromised by scraping, sanding or chemical etching. The original surface can be cleaned and primed before the artists begin painting. You must use high quality acrylic -based products on Xcel Energy ground equipment: • Paint Types require premium high solids 100% acrylic latex waterborne exterior wall and trim. • Paint must be low sheen: eggshell or satin finish. • Paint must have a minimum 1.5 mil dry thickness per coat. • Paint Products (in recommended order): 1. Nova Color (preferred) 2. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin 3. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell 4. Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Luster 5. Frazee # 126 Mirror Glide Low Sheen Acrylic Latex 6. Kelly Moore # 1245 Acry-Shield Acrylic Latex Low Sheen • Golden brand is a nice, high quality artists' acrylic that can be purchased at local art supply stores. o For thicker paint — use Golden Heavy Body C-1 o For thinner paint — use Golden Fluid Acrylics. o Do not use Golden Open Acrylic — the paint does not cure quickly enough. o If you need to use thin artists' acrylics, use an appropriate medium instead of water for better adhesion. o Titanium White paints are not allowed. o High quality exterior latex acrylic house paint can be used. o Do not use paint pens -- they fade in the sun. o Do not thin paints with water it causes poor adhesion, especially when it rains. • Do not use Liquitex brand paint as it does not have good adhesion. Exterior UV protectant and anti -graffiti clear coat is recommended over mural. A low VOC coating that can have graffiti removed by wiping is preferred. (e.g., Sherman Williams Industrial & Marine Coatings Anti -Graffiti Coating Clear B97 C 150 6501-09820) Avoid dark palettes as they may cause the equipment to overheat. Artists shall protect and not paint over functional areas: hinges, vents, handles, locks, placards, numbers, fault indicator windows, as shown in the following examples. C-2 i water THE BIRTHPLACE OF MINNESOTA DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Geotechnical investigation on property owned by Lakeview Memorial Hospital Association, PIDs 3103020330003 and 3103020340004 BACKGROUND The City intends to install city utilities along the southern boundary of property owned by Lakeview Memorial Hospital Association ("Lakeview") just north of Highway 36 on Washington County PID numbers 3103020330003 and 310302034 ("Property") to serve the Central Commons development as well as to serve the future development of the Lakeview site. Because of the possibility that the City may need to use eminent domain to acquire the needed easement rights on the Property, the City must pass a Resolution authorizing entry onto the Property for purposes of geotechnical investigation. City staff anticipates the investigation work to be completed within 180 days. It is anticipated that Lakeview will agree to sign the Right of Entry so the Resolution is a formality. A copy of the Resolution and Right of Entry agreement are both attached. The statute requires the City to send notice to Lakeview at least 10 days before entry. Additionally, although none is expected, the City is statutorily required to pay for any damages actually incurred as a result of the geotechnical investigations. RECOMMENDATION Approve Resolution Attachments: Resolution Right of Entry City of Stillwater Washington County, Minnesota RESOLUTION NO. 2023- A RESOLUTION AUTHORIZING ENTRY TO PROPERTY FOR GEOTECH INVESTIGATION WHEREAS, the City of Stillwater plans to undertake a construction project installing water and sanitary sewer utilities ("Project") in the northeast corner of the intersection of Manning Avenue North and State Highway 36 in Stillwater, Minnesota, on property identified as Washington County PID numbers: 3103020330003 and 3103020340004 (graphically depicted on Exhibit A) ("Property") owned by Lakeview Memorial Hospital Association, Inc. ("Owner"); and WHEREAS, the Property will be used for the construction, operation, and maintenance of City utilities; and WHEREAS, for the purposes of final design and construction of the City utilities, the City Council finds it reasonably necessary to perform geotechnical investigation at the site, including investigating, testing, surveying, boring, and other similar activities; and WHEREAS, Minnesota Statutes § 117.041, Subd. 3, authorizes the City by resolution to enter property for the purposes of performing geotechnical investigations and establishes a procedure for the exercise of that authority; and WHEREAS, Minnesota Statutes § 117.041, Subd. 3, requires the City to serve formal notice on the Owner requesting permission to enter the Property for the purposes of performing a geotechnical investigation, giving the Owner the option of refusing entry; if the Owner refuses to consent to the entry, the City may apply for a court order authorizing the entry and geotechnical investigation; and WHEREAS, Minnesota Statutes § 117.041, Subd. 3, prohibits the City from causing any unnecessary damage to the Property and requires the City to compensate the Owner for any damages actually incurred as a result of the geotechnical investigation. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize as follows: The City Attorney is authorized and directed to serve formal notice on the Owner requesting permission for the City's contractors and consultants to enter the Property for purposes of performing geotechnical investigation for the Project, following the procedure established in Minnesota Statutes § 117.041; 2. If the Property owner declines to grant permission to enter, the City Attorney is authorized and directed to seek a court order authorizing the entry and geotechnical investigation pursuant to Minnesota Statutes § 117.041; 3. Whether permission to enter is obtained from the Owner or granted by court order, the City's contractors and consultants who enter the Property are directed to attempt to avoid causing any unnecessary damage to the Property. Adopted by the Stillwater City Council this 2nd day of August, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT is entered into between Lakeview Memorial Hospital Association, Inc., a Minnesota nonprofit corporation ("Owner") and the City of Stillwater, a Minnesota municipal corporation ("City"). Recitals A. The City has adopted a resolution to acquire an easement over Owner's real property identified as Washington County PID numbers 3103020330003 and 3103020340004 at the northeast corner of the intersection of Manning Avenue North and State Highway 36 in Stillwater, Minnesota ("Property") to install and maintain elements of municipal utilities ("Project"), B. The City has requested permission to enter the Property pursuant to Minn. Stat. § 117.041, Subd. 3, to perform geotechnical investigation, surveying and appraisal inspection for the Project ("Investigation"). C. Reserving all other rights, the Owners have agreed to grant the City permission to enter on the following terms and conditions. Agreement Now therefore, the Owners and the City agree as follows: 1. Right of Entry. Owners hereby grant the City, its contractors and agents, the right to enter the Property pursuant to Minn. Stat. § 117.041, Subd. 3, solely for the purpose of performing the Investigation. The permission granted by this Agreement is for a period of 180 days from the date this Agreement is signed by the City. In addition, City may remove samples of soil from the Property. Owner shall not be responsible for the actions of the City or its contractors and agents while on the Property. 2. Hold Harmless. The City shall hold Owner harmless for any claims of third parties as a result of the Investigation. 3. Assumption of Risk. Owner shall not be responsible for the actions of City's employees, contractors or agents while they are on the Property. City assumes the risk that may occur while on the Property and assumes and accepts full responsibility for injury or death to City's employees, contractors or agents, or damage to or destruction of its own personal property while on the Property as a result of the Investigation. 4. Damages. The City acknowledges that Minn. Stat. § 117.041, Subd. 3, requires the City to pay the Owners for actual damages incurred as a result of the Investigation. 5. City Reservations. City reserves all defenses to any claimed damages arising from the Investigation. 6. Authority. The individuals executing this Agreement on behalf of each party represent to the others that such individuals are authorized to do so by requisite action of the party. 7. Execution. The parties agree that this Agreement may be executed in separate counterparts which, taken together, shall be and comprise one agreement. Delivery by facsimile or by electronic transmission in portable document format (PDF) or other similar electronic form of an executed counterpart of this Agreement is as effective as delivery of an originally executed counterpart of this Agreement. [Remainder of page intentionally blank.] 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of this day of 92023. LAKEVIEW MEMORIAL HOSPITAL ASSOCIATION, INC. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me on this day of 2023 by , the of Lakeview Memorial Hospital Association, Inc., a Minnesota nonprofit corporation. Date 3 Notary Public CITY OF STILLWATER By: Ted Kozlowski, Mayor 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. Gd i 0 .1 water THE BIRTHPLACE OF M I NNES O TA DATE: August 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Adult Use Cannabis Regulations — Moratorium and Prohibition on Public Property BACKGROUND The City enacted CBD regulations for licensing and zoning in 2022, which authorized up to 3 retail establishments to sell CBD products (now identified as "low potency cannabis"). The City issued all three licenses (2 tobacco shops in the Business Park and the CBD House in the Downtown Business District) and there are no licenses available at this time. In 2023, the legislature enacted a law legalizing Adult Use Cannabis, which includes the regulations of CBD products. However, the Office of Cannabis Management, which will be the regulatory agency responsible for licensing all cannabis, will not be ready to issue any licenses for any cannabis businesses until approximately January 2025. That means that the City's regulations for the 2022 low potency uses are still active and enforceable. Interim Ordinance (Moratorium) There is much confusion in the public about what can and can't be manufactured, grown, purchased, possessed, sold, and used right now due to the 320 page legislation with numerous effective dates, new definitions, in the legislation. In order to pause the expansion of any CBD products or the mistaken belief that Adult Use Cannabis products can be purchased or sold right now, an interim ordinance temporarily prohibits the establishment of new cannabis businesses and the expansion of existing ones until the City adopts new ordinances or on Jan. 1, 2025, whichever comes first. The current 3 CBD-licensed businesses may continue to operate, but they may not expand. And they would not be allowed to sell any product over the low potency dose of .3% THC that is in the existing ordinance and state law. Prohibition on Use in Public Places While the new law authorizes the use of Adult Use Cannabis by those over the age of 21 effective Aug. 1, it is only allowed in your home or on private property with the permission of the owner. However, the new law lacks any penalty for using adult cannabis in public. Instead, the law authorizes cities to enforce violations of use in "public places" as long as the penalty is a petty misdemeanor (an "offense" not a crime with a maximum penalty of a $300 fine). This second ordinance before you prohibits the use of Adult -Use Cannabis in public places and the penalty is a petty misdemeanor. Both of these ordinances were considered and approved for first reading at the July 5 meeting. The public hearing has been properly noticed for the Interim Ordinance. The Prohibition on Public Use ordinance does not require a public hearing. Penalty for Underage Use The new legislation does not have a penalty for underage users of Adult Cannabis, so there is no way to enforce violations for those under 21 unless the city adopts an ordinance. If the Council is interested, an additional ordinance could be adopted, similar to underage consumption of alcohol, for underage use of adult cannabis: 52-24 — CANNABIS USE BY MINORS. Use of a cannabis flower, cannabis product, lower -potency hemp edibles and hemp -derived consumer products by anyone under 21 years of age is prohibited. A violation is a petty misdemeanor. This is a discussion item only and not ripe for adoption. Please provide direction on whether an ordinance should be prepared for consideration. ACTIONS REQUESTED Hold the Public Hearing on the Interim Ordinance Adopt the Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses related to Cannabis Businesses and Adopt the Ordinance Prohibiting Cannabis Use Within Public Property and Public Places City of Stillwater Washington County, Minnesota ORDINANCE NO. 1203 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO CANNABIS BUSINESSES The City Council of Stillwater does ordain: WHEREAS, during the 2023 legislative session, the Minnesota Legislature passed a package of laws, Chapter 63—H.F.No.100 of the Minnesota 2023 Regular Session, that legalize adult -use cannabis in Minnesota and establish a regulatory framework for the cannabis industry (collectively "2023 Cannabis Laws"); and WHEREAS, as a part of the 2023 Cannabis Laws, the Office of Cannabis Management ("OCM") was created with responsibilities that include issuing licenses for cannabis businesses and drafting and approving the related rules and procedures; and WHEREAS, Minn. Stat. § 342.10, part of the 2023 Cannabis Laws, lists 16 different types of cannabis business licenses, including licenses for the growing, manufacturing, selling, testing, transporting of cannabis and cannabis events ("Cannabis Business Licenses"); and WHEREAS, OCM will not be prepared to issue Cannabis Business Licenses until approximately January 2025 and many details related to the Cannabis Business Licenses are yet to be determined; and WHEREAS, the OCM has also been tasked with developing model ordinances for local governments for reasonable restrictions on time, place and manner of the operation of a cannabis business, the forms and procedures for the retail registration required by local governments, and the model policies and procedures for cannabis business compliance checks; it is unclear when those documents can be expected; and WHEREAS, the 2023 Cannabis Laws includes a provision, Minn. Stat. § 342.13(e), that authorizes the City to adopt an interim ordinance to regulate, restrict, or prohibit the operation of a cannabis business within the City until January 1, 2025, for the purpose of conducting studies or holding a hearing to consider adoption of reasonable restrictions on the time, place and manner of the operation of a cannabis business to protect the planning process and the health, safety and welfare of its citizens; and WHEREAS, the City Council held a public hearing on the proposed interim ordinance on August 2, 2023; and WHEREAS, the Stillwater City Council has determined that an interim ordinance to prohibit the operation of a cannabis business is necessary and appropriate to give City Staff the time to study reasonable restrictions on the time, place and manner of the operation of cannabis retail businesses to protect the planning process and the health, safety and welfare of its citizens. NOW, THEREFORE, pursuant to Minnesota Statutes § 342.13(e): The City Council of the City of Stillwater does ordain: SECTION 1. NEW CANNABIS BUSINESSES PROHIBITED. No business, person or entity may open and operate a new cannabis business that would require a Cannabis Business License under the 2023 Cannabis Laws until January 1, 2025, or until ordinances regulating all such uses become effective, or until the Council rescinds this Interim Ordinance, whichever occurs first. SECTION 2. EXISTING CBD BUSINESSES. Businesses, persons or entities that have an existing CBD license from the City pursuant to City Code Section 41-10, or as may be amended, are authorized to continue to sell CBD products, as defined therein, but shall not expand such business or sales until this Interim Ordinance expires or terminates pursuant to Section 1. This provision does not prevent any business from applying for a license pursuant to that section if a license is available. SECTION 3. CONDUCT STUDY AND MAKE RECOMMENDATION. City Staff is directed to conduct a study to gather information, analyze the model ordinances and policies from the OCM when they become available, and make a recommendation to the Council regarding reasonable restrictions on the time, place and manner of the operation of cannabis retail businesses. SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City will be undergoing a study regarding cannabis businesses to determine if regulations are appropriate. No business, person or entity may open and operate a new cannabis business or expand an existing cannabis or CBD business that would require a Cannabis Business License under the 2023 Cannabis Laws until the City adopts regulations regarding these uses, or determines no regulations are necessary and rescinds the interim ordinance or until January 1, 2025, whichever occurs first. SECTION 5. EFFECTIVE DATE AND EXPIRATION DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law and shall expire upon adoption of ordinances regulating such uses, until the Council rescinds or terminates the Interim Ordinance or January 1, 2025, whichever occurs first. 2 Adopted by the City Council of the City of Stillwater this 2nd day of August, 2023. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Q City of Stillwater Washington County, Minnesota ORDINANCE NO. 1204 AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ENACTING STILLWATER CITY CODE CHAPTER 52-23, PROHIBITING CANNABIS USE WITHIN PUBLIC PROPERTY AND PUBLIC PLACES The City Council of Stillwater does ordain: SECTION 1 ENACTMENT. Stillwater City Code Chapter 52-23 is hereby enacted as followed: Sec. 52-23 — CANNABIS USE WITHIN PUBLIC PROPERTY AND PUBLIC PLACES Subd. 1. Definitions Public place means property that is generally open to or accessible by the public, and includes public property, but does not include those premises licensed by the State of Minnesota to permit on -site consumption. Public property means property, real and personal, that is owned, managed, or controlled by the City, including, but not limited to: City buildings and all the land thereon, parking lots, parks, pathways and trails, and city rights -of -way consisting of both the traveled portion and the abutting boulevard, sidewalks and trails, and any City personal property, such as motor vehicles, city equipment, and the like. Cannabis flower, cannabis products, lower -potency hemp edibles, and hemp derived consumer products shall have the meanings as defined in Minn. Stat. §342.01. Subd. 2. Prohibition. No person shall use cannabis flower, cannabis products, lower - potency hemp edibles, or hemp -derived consumer products in a public place. Subd. 3. Penalty. A violation of this Section is a petty misdemeanor. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City is prohibiting the use of cannabis flower, cannabis products, lower -potency hemp edibles, and hemp -derived consumer products within public property or in a public place. SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 2nd day of August, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Washington County 2. U 9:00 Roll Call Pledge of Allegiance FYI BOARD AGENDA August 1, 2023 - 9:00 AM 9:00 Comments from the Public Board of Commissioners Fran Mixon, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the July 11, 2023, and July 18, 2023, County Board meeting minutes. B. Approval to appoint Nina Meyer, to a partial term on the Workforce Development Board as a Business Representative with a term expiring June 30, 2025. C. Approval to close Fund #461 - 2015A General Obligation (GO) Land and Water Legacy Bond Projects. D. Approval to close Fund #463 - 2019A General Obligation (GO) Land and Water Legacy Bond Projects. E. Approval of Administration Policy #1300 -Washington County Guidelines and Procedures for Minnesota Government Data Practices Act. F. Approval to continue a Special Project Senior Employment Counselor position in the Workforce & Veteran Services Division. G. Approve Grant Contract No. 15717 with the Minnesota Department of Human Services to receive $273,511 in Mobile Crisis American Rescue Plan Act (ARPA) funds for a term of July 1, 2023 through June 30, 2025. H. Adopt a resolution to authorize submission of the 2024-2025 Enhanced Mobility of Seniors & Individuals with Disabilities - Section 5310 grant application to the Minnesota Department of Transportation, enter into an agreement with the State of Minnesota and provide local share. Approval to modify Section #16 (Leaves of Absence) of the Personnel Rules and Regulations. J. Approval to modify Section #22 (Work Schedules) of the Personnel Rules and Regulations. 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 NNT'shing ton ti County Consent Calendar continued K. Approval to modify Human Resources Policy #5011 - Time Off to Vote. L. Approval to eliminate Human Resources Policy #5018 — Recruitment, Selection and Appointment. M. Approval to eliminate Administrative Policy #1006 -Department Head Performance Evaluations and Merit Pay Increases. N. Approval to modify Human Resources Policy #5505 - Compensation and Benefits Policy for Elected Department Heads and Appointed Leadership. O. Approval to modify Human Resources Policy #5001 - Drug -Free Workplace. P. Approval to modify Human Resources Policy #5001A —Addendum to Drug -Free Workplace Non -DOT Drug and Alcohol Testing Procedures. Q. Approval to modify Human Resources Policy #5015A (Addendum to Policy # 5015) Federal Omnibus Transportation Employee Testing Act and Related Regulations Implementation Policy (DOT Drug and Alcohol Testing Policy). R. Approval of the plat of Twin Pine Fields in West Lakeland Township. S. Approve Federal Temporary Assistance for Needy Families Grant Agreement No. 15622 with the Minnesota Department of Health in the amount of $743,576 for the period of July 1, 2023, through June 30, 2027. T. Approve an amendment to Grant Agreement No. 12532 with the Minnesota Department of Health to assist in our preparation and response to public health emergencies, which increases the grant award to $205,991, for the period of July 1, 2019, through June 30, 2024. U. Adopt a resolution to establish County State Aid Highway (CSAH) 96 in the Cities of Dellwood, Grant, Stillwater, and Stillwater Township. V. Approve Cooperative Cost Share Agreement 15672 with the South Washington Watershed District for the cost of final design services for St. Croix Bluffs Regional Park River Trail Slope Stabilization Project. W. Approve Grant Agreement No. 15682 for Metropolitan Area Regional Parks Operations & Maintenance Allocation. X. Adopt a resolution authorizing the Washington County Sheriffs Office to accept a K9 donation from St. Croix Outdoors in the amount of $2,000. Y. Adopt a resolution authorizing the Washington County Sheriffs Office to accept a donation from Guardian Fleet Safety in the amount of $1,000 for Employee Appreciation Day. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 4. 9:10 Human Resources - Julie Sorrem, Risk & Benefit Manager A. Minnesota Counties Intergovernmental Trust (MCIT) Annual Report 5. 9:30 Public Works - Connor Schaefer, Senior Planner A. Adopt a resolution of support for the Middle St. Croix Valley Regional Trail Master Plan to be submitted to the Metropolitan Council for review and approval. 6. 9:45 General Administration - Kevin Corbid, County Administrator 7. 9:55 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff.' This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. 10:10 Board Correspondence 9. 10:10 Executive (Closed) Session - Human Resources (Risk Management) A. Executive (closed) session for the purposes of discussing active litigation, Evans v. Washington County, per Minnesota Statute 13D.05 Subd. 3(b). 10. 11:10 Adjourn 11. 11:10-11:25 Break 12. 11:30 2024 Recommended Budget Workshops A. Review the recommended 2024 countywide budget. B. Review the recommended 2024 budgets for the Internal Services Departments - Accounting & Finance, Administration, Commissioners, Human Resources, and Information Technology. C. Review the recommended 2024 budget for the Washington County Community Development Agency. 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