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HomeMy WebLinkAbout2023-09-05 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING September 5, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. CLOSED SESSION 1. Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney-client privileged communication to discuss the potential litigation related to the Lakeview Hospital easement acquisition IV. OTHER BUSINESS 2. School Zone Speed Limit Study 3. Manufacturing/Sale of Low Potency (CBD) THC Beverages 4. 2024 Proposed Budget V. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director – Downtown Parking Status Update 10. City Clerk 11. City Attorney 12. City Administrator 13. Library Director VI. RECESS REGULAR MEETING 7:00 P.M. VII. CALL TO ORDER VIII. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS 14. Proclamation – Representative Hill – Resolution 15. Youth Service Bureau 2024 Budget Request – Michael Huntley 16. Council Service Awards – Melissa May (Human Rights Commission) and Pam Johnson (Parks & Recreation Commission) 17. Proclamation – Constitution Week 18. Proclamation – Suicide Prevention Month XI. 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. XII. 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. 19. August 15, 2023 Special Meeting and Regular Meeting Minutes 20. Payment of Bills 21. 72nd Street Improvement Project Declare Costs and Call for Hearing – Resolution 22. 2023 Street Improvement Project Declare Costs and Call for Hearing – Resolution cStillwater ~ ~J The Bi r thplace of Minnesota ) Page 2 of 2 City Council Meeting Agenda September 5, 2023 23. Compensation Adjustment for 2023 Election Judges – Resolution 24. CSAH 5 Phase 2 Improvement Project Declare Costs and Call for Hearing – Resolution 25. Curve Crest Utility Extension Project Contract Agreement for Engineering Services – Resolution 26. Downtown Stillwater Holiday Lights Agreement 27. Everett Street Lift Station Improvement Contract Agreement 28. Fee Schedule Amendment for Street Lighting Fee Increase – Resolution 29. Lift Bridge Brewery 2023 Anniversary Day 5k and Beer Mile Event 30. Maryknoll Lift Station Improvement Contract Agreement 31. Marylane Drainage Project Contract Agreement 32. Parking Lot Lease Agreement with Manitou Fund 33. Short Term Home Rental License for 1123 5th Street South 34. Stillwater Harvest Fest Event Contract and Temporary Liquor License 35. Stop Sign Request at Ramsey Street and Brick Street South – Resolution 36. Survey Agreement 2024 Street Improvement Project XIII. PUBLIC HEARINGS – None XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 37. Sale of General Obligation Capital Outlay Bonds, Series 2023A - Resolution XVI. COUNCIL REQUEST ITEMS XVII. CLOSED SESSION 38. Pursuant to Minn. Stat. Section 13D.05 subd. 3(a) for a check in on the performance review of the City Administrator XVIII. ADJOURNMENT lJwr The Birthplace of Minnesota WORKSHOP MEETING CALL TO ORDER II. ROLL CALL III. CLOSED SESSION 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING September 5, 2023 4:30 P.M. 1. Pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney -client privileged communication to discuss the potential litigation related to the Lakeview Hospital easement acquisition IV. OTHER BUSINESS 2. School Zone Speed Limit Study 3. Manufacturing/Sale of Low Potency (CBD) THC Beverages 4. 2024 Proposed Budget V. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director - Downtown 10. City Clerk 11. City Attorney 12. City Administrator 13. Library Director VI. RECESS REGULAR MEETING VII. CALL TO ORDER Vill. ROLL CALL IX. PLEDGE OF ALLEGIANCE X. RECOGNITIONS OR PRESENTATIONS Parking Status Update 7:00 P.M. 14. Proclamation - Representative Hill - Resolution 15. Youth Service Bureau 2024 Budget Request - Michael Huntley 16. Council Service Awards - Melissa May (Human Rights Commission) and Pam Johnson (Parks & Recreation Commission) 17. Proclamation - Constitution Week 18. Proclamation - Suicide Prevention Month XI. 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. XII. 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. 19. August 15, 2023 Special Meeting and Regular Meeting Minutes 20. Payment of Bills 21. 72nd Street Improvement Project Declare Costs and Call for Hearing - Resolution 22. 2023 Street Improvement Project Declare Costs and Call for Hearing - Resolution 23. Compensation Adjustment for 2023 Election Judges — Resolution 24. CSAH 5 Phase 2 Improvement Project Declare Costs and Call for Hearing — Resolution 25. Curve Crest Utility Extension Project Contract Agreement for Engineering Services — Resolution 26. Downtown Stillwater Holiday Lights Agreement 27. Everett Street Lift Station Improvement Contract Agreement 28. Fee Schedule Amendment for Street Lighting Fee Increase — Resolution 29. Lift Bridge Brewery 2023 Anniversary Day 5k and Beer Mile Event 30. Maryknoll Lift Station Improvement Contract Agreement 31. Marylane Drainage Project Contract Agreement 32. Parking Lot Lease Agreement with Manitou Fund 33. Short Term Home Rental License for 1123 5t" Street South 34. Stillwater Harvest Fest Event Contract and Temporary Liquor License 35. Stop Sign Request at Ramsey Street and Brick Street South — Resolution 36. Survey Agreement 2024 Street Improvement Project XIII. PUBLIC HEARINGS — None XIV. UNFINISHED BUSINESS XV. NEW BUSINESS 37. Sale of General Obligation Capital Outlay Bonds, Series 2023A - Resolution XVI. COUNCIL REQUEST ITEMS XVII. CLOSED SESSION 38. Pursuant to Minn. Stat. Section 13D.05 subd. 3(a) for a check in on the performance review of the City Administrator XVIII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda September 5, 2023 �l Water THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: School Zone Speed Limit Study DISCUSSION: This past summer, Bolton and Menk, was hired by the City to conduct a school zone study at two locations in the City; New Heights Charter School and Stillwater Middle School. A Representative from Bolton and Menk will be present at the September 5 Council workshop to present the results of the study and be available for questions. Attachments: New Heights Speed Study & Stillwater Middle School Speed Study O & ENK Real People. Real Solutions. MEMORANDUM Date: August 7, 2023 To: Shawn Sanders, Public Works Director, City of Stillwater From: Mike Larson, P.E., PTOE Akosua Okyere-Addo Subject: School Zone Speed Limit Study — New Heights Charter School City of Stillwater, MN BMI Project ON1.130667 PURPOSE AND BACKGROUND 12224 Nicollet Avenue Burnsville. MN 55337-1649 Ph: (952) 890-0509 Fax: (952) 890-8065 Bolton-Menk.com A School Speed Zone Study was performed at New Heights Charter School to determine if a reduced speed limit during school hours is warranted, as well as if there is a need for additional traffic control devices to provide a safe area for student travel. All streets across or adjacent to the Stillwater Middle School site will be evaluated for hazard identifications. Vehicle and pedestrian volumes and vehicle speed data were collected on May 17", 2023. NEW HEIGHTS CHARTER SCHOOL HAZARD IDENTIFICATION The nine items within the MnDOT School Zone Speed Limit guidance are as follows: 1. Roadway Information — Mulberry Street between Everett Street and Harriet Street is an urban two-lane undivided roadway. The roadway features include a 36 feet width and concrete curb and gutter on both sides of the roadway. There are marked crosswalks at Mulberry Street and Everett Street. The total length of the crossing is about 45 ft. Residential driveways are present along the south side of the road. There are steep grades present as elevation increases from east to west. Everett Street between Mulberry Street and Linden Street is an urban two-lane undivided roadway. The roadway features include a 32 feet width and concrete curb and gutter on both sides of the roadway. There are marked crosswalks across the road at the intersections of Linden Street and Mulberry Street. The total length of the crossings are 42 and 36 feet long, respectively. There are steep grades present as elevation increases from north to south. Linden Street between Everett Street and Harriet Street is an urban two-lane undivided roadway. The roadway features include a 25 feet width and concrete curb and gutter on both sides of the roadway. There is a marked crosswalk at the intersection of Linden Street and Everett St. There are steep grades present as elevation increases from east to west. H:\STLW\ON1130667\2_Preliminary\C_Reports\New Heights Charter School MEMORANDUM.docx Name: School Speed Zone Study - New Heights Charter School Date: 8/7/2023 Page: 2 2. Traffic Volumes — From the data collected on May 2023, there were 496 vehicles observed daily on Mulberry Street between Everett Street and Martha Street N. During the AM peak hour beginning at 8:30 am, an average of 40 vehicles were observed while 64 vehicles were observed during the PM peak hour beginning at 3:15 pm. Pedestrian Volumes — Based on the data collected on May 2023, there were 8 pedestrians using the marked crosswalks at the intersection of Everett Street and Linden Street in the AM peak hour and 92 pedestrians in the PM peak hour. At the intersection of Mulberry Street and Everett Street there were 20 pedestrians observed using the crosswalks during the PM peak hour. No data was captured at this location during the AM peak hour due to an equipment malfunction. 4. Parking and Loading Zone —There is one parking lot on site, located behind the school on the east side. This lot is primarily used for staff parking. are one vehicle parking lot for New Heights Charter School located north of the school site. These are primarily used for staff parking. All student loading and unloading takes place on public streets. The majority of student loading and unloading was observed as taking place along Everett Street as the main entrance is located on the west side of the building. School buses also use this area for student loading and unloading as signs are placed on the east side of the road restricting parking during the hours when school buses are on -site. Some student loading and unloading was observed on Mulberry Street between Everett Street and Martha Street. No parking signs are posted on Linden Street, restricting parking during school hours. 5. Traffic Control Devices — All intersections surrounding the school site are side street stop controlled. Mulberry Street is uncontrolled at its intersection with Everett Street and Everett Street is uncontrolled at its intersection with Linden Street. Stop sign and skewed crossing at Everett Street and Mulberry Street. 6. Sidewalk Information — Sidewalks are present on both sides of Everett Street and Mulberry Street. There is no sidewalk along Linden Street. The width of the sidewalk in the area is typically 5 feet. 7. Fencing Information —Fencing is present around the eastern half of the school site where the playground is situated. H:\STLW\ON1130667\2_Preliminary\C_Reports\New Heights Charter School MEMORANDUM.docx Name: School Speed Zone Study - New Heights Charter School Date: 8/7/2023 Page: 3 8. Crash History Information —Using the Minnesota Crash Mapping Analysis Tool (MnCMAT) from the MNDOT, there were no crashes recorded within the study area. 9. Speed Zones Information —The posted speed limits for the surrounding roadways are 30 mph. Collected speed data on Mulberry Street found an average speed of 24 mph and 85th percentile speed of 29.5 mph. RECOMMENDATIONS • It is recommended that the school speed limit be set and signed at 20 mph when children are present, a 10 mph decrease from the current posted speed limit for Mulberry Street and Everett Street adjacent to the school site. • School zone signage and school zone speed limit signage on both roadways in accordance with Chapter 7 of the MnMUTCD. • Mark all crosswalks adjacent to the school. Realign the skewed marked crossing of Mulberry Street at Everett Street to reduce crossing distance to the greatest possible extent. This may require reconstruction of the pedestrian ramp on the southeast quadrant of the intersection. • Add crosswalk warning signage for all marked crosswalks across uncontrolled intersections. • Restrict parking within 30 feet of any marked crosswalk to promote visibility to pedestrians. • Consider curb extensions at all intersections surrounding the school to reduce crossing distances, increase visibility, and calm traffic. H:\STLW\ON1130667\2_Preliminary\C_Reports\New Heights Charter School MEMORANDUM.docx Dc,ton & Menx ; in cq.,al opportunity employer _ Stillwater Schools Speed Stu city of Stillwater, Minnesota New Heights - School Routes BOLTON June 2023 (D& MEN K iirrY' Legend W Laurel St _ � �. _ Existing Pedestrian ~ Route UtL Linden t �, _ x y� •�! b New Heights School ,, IF OF N -1 y .. - 1 _ W l�u berry St IL A. ` � _ ter...'. �._r�}.�„,�• - -� ",h' +� .+ I— +i�+.. Ln zz z W North St Iwo Z' W Rice St r » ' y r •V IF—� 00 _ Feet e - - myrtie St Dater Stillwater Schools Speed Study New Heights - Hazard Identification �^ BOLTON City of Stillwater, Minnesota June 2023 1 O& MEN K Sidewalk gap, steep grades High volume W Cherry St pedestrian crossing w' On -street parking near Z crosswalks j W nden St Parent pick up and New Heights School Loading + Bus Zone : r ♦ t_ W ulberry St TN Ln Ln y + •N x �- a = Z W North St y Z Z Skewed crosswalk On -street parking near crosswalks �W Rice St i y r -- ` 0 20o a Feet.- ^� .� �. y , ' Myrtl e St MM _ 4 _ Dater Stillwater Schools Speed Stu City of Stillwater, Minnesota New Heights - Proposed Improvements �p BOLTON June2023 1°OI & M E N K - 'PTI-4- 11�. W Laurel St_ a > I n7AI herry St' v END W SCHOOL ZONE 0 Z Z 11WI1 G33dS — a W Lirrjen St _ h � a-N -` w N_ o '-^ill � . • '— dr U , 1 W M l berry St I --- y T PER> zFN �- 1 r„�... ', ;^ U �� O~O O� -• - NEW_ E u�ooi� W North St' Y Z _. Z n an� °o y r o zoo a ^� *" � Feet W. - . W-44--- Rice St cr �' * All locations are approximate O & ENK Real People. Real Solutions. MEMORANDUM Date: August 7, 2023 To: Shawn Sanders, Public Works Director, City of Stillwater From: Mike Larson, P.E., PTOE Akosua Okyere-Addo Subject: School Zone Speed Limit Study - Stillwater Middle School City of Stillwater, MN BMI Project ON1.130667 PURPOSE AND BACKGROUND 12224 Nicollet Avenue Burnsville. MN 55337-1649 Ph: (952) 890-0509 Fax: (952) 890-8065 Bolton-Menk.com A School Speed Zone Study was performed at Stillwater Middle School to determine if a reduced speed limit during school hours is warranted, as well as if there is a need for additional traffic control devices to provide a safe area for student travel. All streets across or adjacent to the Stillwater Middle School site will be evaluated for hazard identifications. Vehicle and pedestrian volumes and vehicle speed data were collected on May 171h, 2023. STILLWATER MIDDLE SCHOOL HAZARD IDENTIFICATION The nine items within the MnDOT School Zone Speed Limit guidance are as follows: 1. Roadway Information — 61h Street S between Orleans Street W and Hancock Street E is an urban two-lane undivided roadway. The roadway features include a 32 feet width, no shoulders, and concrete curb and gutter on both sides of the roadway. The total length of the marked crossing at Marsh Street is approximately 35 ft. Due to the presence of a vertical curve south of this crossing, limited sight distance could be problematic as northbound drivers may not be able to see crossing pedestrians. Orleans Street W between 61h Street S and Everett Street S is an urban two-lane undivided roadway. The roadway features include a 32 feet width, no shoulders, and concrete curb and gutter on both sides of the roadway. There are no marked crossings provided. Due to the presence of a vertical curve west of Harriet Street, limited sight distance could be problematic as eastbound drivers may not be able to see crossing pedestrians. S Holcombe Street between the middle school and Hancock Street W is an urban two-lane undivided roadway. The roadway features include a 28-feet width, no shoulders, walkway, and concrete curb and gutter on both sides of the roadway. There are no marked crossings located along the roadway. H:\STLW\ON1130667\2_Preliminary\C_Reports\Stillwater Middle School MEMORANDUM.docx Name: School Speed Zone Study - Stillwater Middle School Date: 8/7/2023 Page: 2 2. Traffic Volumes — From the data collected on May 2023, there were 711 vehicles observed daily on 6th Street S near the school. During the AM peak hour, which begins at 7:00 am, 119 vehicles were observed traveling on 61h Street S site while 90 vehicles were observed during the PM peak hour beginning at 1:45 pm. There were 422 vehicles observed daily on Orleans Street W between 61h Street S and Everett Street S, near the school. During the AM peak hour, which begins at 6:45 am, 65 vehicles were observed traveling on Orleans Street W while 110 vehicles were counted during the PM peak hour beginning at 5:30 pm. There were 1,252 vehicles observed daily on Holcombe Street south of Hancock Street W. During the AM peak hour, which begins at 7:00 am, 575 vehicles were observed traveling on Holcombe Street while 235 vehicles were counted during the PM peak hour beginning at 1:45 pm. 3. Pedestrian Volumes — Based on the data collected on May 2023, there were 11 pedestrians crossing the roadway at 6th Street S and Marsh Street W in the AM peak hour and 20 pedestrians in the PM peak hour There were 10 pedestrians in the AM peak hour and 7 pedestrians in the PM peak hour crossing at 6th Street S and Orleans Street W. There were 15 pedestrians in the AM peak hour and 10 pedestrians in the PM peak hour crossing Orleans Street W at Everett Street S. 4. Parking and Loading Zone —The are two main vehicle parking lots for Stillwater Middle School, one located north-east of the school site, and another south-southwest of the school site. These are primarily used for staff parking. There is, however, another lot just east of the middle school mainly used for bus parking. The drop-off/pick up zone consists of a two-lane loop with one-way traffic in front of the main entrance to the middle school. All loading and unloading of students happen in this area. Few cars were parked along 61h Street S. No parking signs are present along the south side of Orleans Street. 5. Traffic Control Devices — All intersections surrounding the school site are stop controlled. Typically, 6th Street and Orleans Street are uncontrolled with the intersecting streets stop controlled. However, the intersections of 61h Street at Marsh Street and Hancock Street are all - way stop controlled. 6. Sidewalk Information — There is a sidewalk located along the south side of the school on Orleans Street W from Harriet Street S to 61h Street S, as well as along S Holcombe Street from Hancock Street W to the middle school entrance. There is no sidewalk along 61h Street S. At the marked crosswalk located on 6th Street S at Marsh Street W, there is another sidewalk running east. The width of the sidewalk in the study area varies between 5 and 12 feet. H:\STLW\ON1130667\2_Preliminary\C_Reports\Stillwater Middle School MEMORANDUM.docx Bolton & Menk is an equal opportunity employe- Name: School Speed Zone Study - Stillwater Middle School Date: 8/7/2023 Page: 3 7. Fencing Information —There is no fencing present along the roadways surrounding the school. Fencing is present in areas within the school site, typically adjacent to athletic fields and playground areas. 8. Crash History Information —Using the Minnesota Crash Mapping Analysis Tool (MnCMAT) from the MNDOT Crash Mapping Application Tool (MnCMAT), one crash was recorded between 2013- 2022 on the roadways adjacent to the school site. The crash did not involve pedestrians and was an angle collision resulting in property damage only. Crash sketch from MnCMAT. 9. Speed Zones Information —The existing posted speed limits for all surrounding roadways are 30 mph. Collected speed data found that average speeds on 61h Street S and Orleans Street W are 26.3 mph and 24.5 mph, respectively. The average 85th percentile speeds are 30.5 mph on 6th Street S and 31 mph on Orleans Street W. RECOMMENDATIONS • It is recommended that the school speed limit be set and signed at 20 mph when children are present, a 10 mph decrease from the current posted speed limit for 61h Street and Orleans Street surrounding the school. • School zone signage and school zone speed limit signage on adjacent in accordance with Chapter 7 of the MnMUTCD. • Add advanced crosswalk warning signage and crosswalk warning signage at key crossing locations where sign distance may be limited. Candidate locations include Orleans Street S at Harriet Street S, and 6th Street S at Marsh Street W. • Provide marked crosswalks at Orleans Street S at Harriet Street S, 61h Street S at Marsh Street W, and Holcombe Street at the intersections with Hancock Street W and Anderson Street W. • Consider adding a sidewalk along 6th Street between Orleans Street W and Hancock Street. Extend existing sidewalk along Orleans Street S to Harriet Street S. • Evaluate the need for on -street parking on all roadways adjacent to the school. On -street parking may obscure pedestrians from vehicles and create safety concerns. Restrict parking within 30 feet of any marked crosswalk to promote visibility to pedestrians. H:\STLW\ON1130667\2_Preliminary\C_Reports\Stillwater Middle School MEMORANDUM.docx Bolton & Menk is an equal opportunity employe, atekr Stillwater Schools S ��- �City of Stillwater, Minnesota Study Stillwater Middle School - School Routes O BOLTON June 2023& MEN 72' ---I W, L. W ChurchiIL-! E -St WAAd 7sor 7W OF, 0 o.-&I Legend Existing Pedestrian Route I tw;qXIIII Ln \0 Ln V) rit sp IF —.jL Ana W I 7rr W Marsh St Stillwafer-Middle ♦gS�chool- r Everett Drat 3 !00 rL =1 Feet A 7 0111 1toll lip, 4b r V) - - - ;W ,eons Sat -o' Ak t wkl''' # i to Ilv�a r Stillwater Schools Speed Study Stillwater Middle School -Hazard Identification gOLTON , . City of Stillwater, Minnesota June 2023 O & MENK 'AChurc it/ St MKS , Eu o ' W Anderson H s " c F r r_ P St L L Sidewalk gap Pedestrian IVA„= _sight - # distance s issues due v, ,�� a€ - to grades rt i n -N n • v- Pedestrian Sight Distance issues due to grades No marked/signed crossing Everett r•, 0 A W Marsh St x .Stillwbter-h kidle _J@&chool- o �. Skewed N07n >`- crossing ..•�n�_ • M _Co y 1 1--Li HU IfMI , 1r►- W Orleans St Sidewalk gap Sidewalk gap V) t� r a &�ater Stillwater Schools Speed Study Stillwater Middle School - Proposed Improvements BOLTON ,.. City of Stillwater, Minnesota June 2023 e & MEN K Chhurchill ILI o fi o QW-7 +' W Hancock t _- •r 0`.� 033dS ,00N3s Consider 0Z i extending 033ds sidewalk ,00H3s ,c Mx— 10 le a a FA I FX r —. - Stillwafer-Middle v ' ZONE jFLn -s Ln L N oil W Marsh St ♦ School '' -E. + ' F , �r i� Consider extending - 4 sidewalk + ped ramps Everett D 0 30F e Feet O 3 rL is 7 T .:_�� '♦ � � —'fit- �. �N �� i'�CF II No # SPEED r �.r ierd� r =0 20 I �JN 4k� W Orleans St L k h . # r At A a. * All locations are approximate Bolton‐Menk.com School Speed Zone  Studies City of Stillwater, MN September 5th, 2023 Bolton‐Menk.com Overview Speed Limits in Minnesota & School Zone Speed Limits Components of a School Zone Study Stillwater Study Findings & Recommendations Bolton‐Menk.com Speed Limits in Minnesota How are speed limits established in Minnesota? •Statutory –based on roadway functional classification, environment •Based on a traffic study Who has the authority to legally establish speed limits? •Commissioner of Transportation Types of Speed Limits •Regulatory •Advisory •School Zone •Work  Zone Bolton‐Menk.com School Zone  Speed Limit Authority “Local authorities may establish a school zone  speed limit within a school zone  of a  public or nonpublic school upon the basis of an engineering and traffic investigation  as prescribed by the commissioner of transportation” –MN Statute 169.14 subd 5a. The school speed limit shall not be: •Lower than 15 miles per hour •30 miles per hour lower than the established regulatory speed limit Bolton‐Menk.com Components of a School Zone  Study 1. School Route Plan 2. Hazard Identification 3. Safety Education Nine Potential  Hazards 1. Roadway Info 2. Traffic Volumes 3. Pedestrian Volumes 4. Parking and Loading Zones 5. Traffic Control Devices 6. Sidewalk Info 7. Fencing Info 8. Crash History 9. Speed Zones Bolton‐Menk.com Study Areas Bolton‐Menk.com Stillwater Middle School Issues •Pedestrian  network gaps •Crossing sight distance issues •Low‐volume roadways •No crash history •Minimal fencing  provided •On‐street parking generally allowed •Speed limits correctly set Bolton‐Menk.com Stillwater Middle School Recommendations •20 mph SZSL •Pedestrian  crossing signage and  markings •Consider sidewalk extensions •Evaluate  parking needs Bolton‐Menk.com New Heights School Issues •High pedestrian volumes •On‐Street loading and drop zone •Pedestrian  network gaps •Low‐volume roadways •No crash history •Minimal fencing  provided •On‐street parking well used •Speed limits correctly set Bolton‐Menk.com New Heights School Recommendations •20 mph SZSL •Pedestrian  crossing signage  and markings •Consider curb extensions •Restrict parking near  crosswalks Bolton‐Menk.com Conclusions Both sites feature  identified hazards to pedestrian safety BUT –there is no documented crash history at either school site 20 mph SZSL’s are recommended at both sites For best results: 1. Education 2. Enforcement Bolton‐Menk.com Bolton‐Menk.com Mike Larson, PE, PTOE Senior Transportation Project Engineer Michael.Larson@bolton‐menk.com 1 1 Water THE BIRTHPLACE OF MINNES OTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Consideration of Manufacturing/Sale of Low Potency (CBD) THC beverages at breweries, distilleries and off -sale liquor establishments BACKGROUND The City enacted 2 ordinances related to the regulations of CBD products in September 2022, and subsequently granted two CBD retail licenses in the Business Park, as well as one license for a grandfathered location downtown, for a total of 3 CBD retail licenses. Under our ordinance, sales of CBD products are prohibited at liquor stores and at on -sale liquor establishments, so they are sold at tobacco stores and at one exclusive CBD store. We also prohibit manufacturing of CBD products in the City. We have recently had a request from Lift Bridge Brewery to be able to manufacture and sell CBD-infused beverages, which would require an amendment to our CBD ordinances (to allow manufacturing and allow at an off -sale). We also had requests from Cub Liquor and Liberty Village Wine & Spirits to sell CBD-infused beverages, since the new legislation specifically allows the sales of CBD products to occur at liquor stores. The Council needs to consider and discuss the following questions: 1. For manufacturing of CBD products: a. Do we want to allow manufacturing of CBD products and if so - i. Is it limited to manufacturing of CBD beverages or is it manufacturing of all CBD products from plant to product? ii. In which zoning districts? 1. BP-C, BP-O, BP -I (see zoning map — areas shown in purple, light blue and gray) 2. Would we allow manufacturing in the downtown district? iii. Would manufacturing only be allowed as an accessory use with breweries and distilleries or can it be its own primary use? 2. For sales of CBD: a. Do we want to allow sales at all off -sale liquor establishments? (see 2nd map with dots) Only at breweries/distilleries with off -sale? Do we need distance requirements between stores? ACTION REQUESTED Discuss and provide direction. ZONING MAP Legend QBuffers in Business Park District ® CCR: Cove Cottage Residential - CA: General Commercial Zon ing_2022 RB: Two -Family Residential BPC: Business Park- Commercial District ® CR: Cottage Residential 0 BPO: Business Park - Office AP: Agricultural Preservation ® TH: Townhouse Residential BPI: Business Park - Industrial ® RR: Rural Residential CTHR: Cove Townhouse Residential - CRD: Campus Research District ® LR: Lakeshore Residential - RCM: Medium -Density Multiple -Family Residential ® HMU: Highway Mixed Use ® CTR: Cove Traditional Residential RCH: High -Density Multiple -Family Residential - PA: Public Administrative Offices RA: One -Family Residential CBD: Central Business District ® PWF: Public Works Facility TR: Traditional Residential - VC: Village Commercial - PROS: Park, Recreation, or Open Space EXISTING OFF -SALE, BREWERIES/DISTILLERIES AND CBD RETAIL 141 Green dots = Exclusive Off -sale Liquor Stores Pink dots = Breweries/Distilleries Purple dots = Licensed CBD retailers Below is a list of license off -sale, distilleries and breweries that correspond to the green and pink dots Licensee Name Doing Business As Service Address Notes Northern Spirits Stillwater LLC Cellars Wine & Spirits 1920 Market Dr Liquor store SuperValu Inc. Cub Wine and Spirits #1664 1801 Market Dr Liquor store Haskells Inc. Haskells 2225 Curve Crest Blvd Liquor store Liberty Village Wine and Spirits, Inc. Liberty Village Wine and Spirits 105 New England PI, Ste 160 Liquor store North Hill Liquor Ltd. North Hill Liquor 515 Owens St N Liquor store O'Brien Wine & Spirits O'Brien Wine & Spirits 118 Chestnut St E Liquor store Mistral Wine LLC So What Wine 823 4th St S, Ste 200 Liquor store Forge and Foundry Distillery Company Forge and Foundry Distillery 223 Main St N Distillery 45th Parallel Spirits LLC 45th Parallel Spirits LLC 228 Water Street S Distillery Lift Bridge Brewing Technologies, LLC Lift Bridge Brewing Company 1900 Tower Dr Brewery River Siren Brewing Company LLC River Siren Brewing Company 227 Main St N Brewery 3 AMR IL �11Water 1 THE 8 I R T H P L ACE OF MINNESOTA Iater its lw Property Tax Levy Proposed 2024 vs Adopted 2023 $13,265,987 General Operating Tax Levy $14,897,194 $14,847,295 $1,581,308 11.920% $4 221 060 Debt Service Tax Levy $40,700 WMO Tax Levyl� $4,030,058 $3,982,058-$239,002-5.662% $41,800 0 $41,8007 $1,100 L2.703% General Fund Operating Expenditures $202,074 Mayor & Council $22,510 Elections $633,153 MIS Support Services $563,185 Finance $326,629 Human Resources $710,834 Administration $202,890 Legal/City Attorney $367,724 Plant/City Hall $635,182 Community Development $4,929,223 Police $2,483,998 Fire tr-77 41 2 $224,101 $44,500 $684,014 $614,976 $334,017 $785,809 $207,925 $415,646 $657,492 $5,674,300 $2,723,648 C`r-7/I 100 $224,101 $44,500 $684,014 $614,976 $334,017 $830,809 $202,925 $455,646 $657,492 $5,659,484 $2,838,677 e`Cnn 1 no $22,027 $21,990 $50,861 $51,791 $7,388 $119,975 $35 $87,922 $22,310 $730,261 $354,679 L`41 )or - its water tlIlwvaIer. General Fund Operating Revenues $10,374,714 Levy $11,727,943 $11,718,046 1,343,332 73.69% 490,000 Franchise Fees 490,000 490,000 0 3.08% 41,900 Other Property Taxes 41,900 41,900 0 0.26% 608,950 Licenses and Permits 665,900 665,900 56,950 0.00% 1,320,214Intergovernmental 1,361,591 1,361,591 41,377 4.19% 1,363,554 Charges for Services 1,461,994 1,461,994 98,440 8.56% 49,000 Fines and Forfeits 50,000 50,000 1,000 9.19% 133,550 Miscellaneous 113,050 373,050 239,500 1.31% $567,214 Local Government Aid (LGA) in General Fund 473,144 LGA for Capital Outlay $1,040,035 Total LGA City of Stillwater Property Tax Rate Proposed 2024 Formula: Total City Property Tax Levy City's Taxable Tax Capacity = City Tax Rate Property Tax Levy $17,5271747 Fiscal Disparity Portion of Levy - $1,426,036 City's Portion of Levy = $16,101,711 City's Taxable Tax Capacity - $32,914,958 City Tax Rate = 49.146% Notes: $18,871,153 7.664% $1,386,870*-2.746% $17,484,283 8.586% $37,591,078* 14.207% 46.726%-4.924% Iater its lw Property Tax Levy amount includes Water Management Organization (WMO) *2024 Taxable Tax Capacity numbers and fiscal disparity numbers are estimates from Washington County. dlllwaler CityProperty Tax Rates Last 9 Years and Estimated 2024* (Rates include WMO) 70% 60% 2015 55.225% 2016 57.425% 50% 2017 57.322% 40% 2018 53.790% 30% 2019 54.629% 2020 53.814% 20% 2021 52.265% 10% 2022 51.924% 0% 2023 49.146% 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024* 2024* 46.726% Illwater Tax Impact -Residential 2024 Updated Proposed Actual Payable 2023 Proposed Payable 2024 From 2023 to 2024 Taxable City �= Proposed City Market Tax City Tax Property Taxable Tax City Tax Property Annual Monthly Value Capacity Rate Tax Market Value Capacity Rate Tax Increase Increase % Change $382,700 3,799 49.146% $1,867.06 $414,500 4,145 46.726% $1,936.79 $69.73 $5.81 3.7% $230,800 2,143 49.146% $1,053.20 $250,000 2,353 46.726% $1,099.46 $46.26 $3.86 4.4% $277,000 2,647 49.146% $1,300.89 $300,000 2,898 46.726% $1,354.12 $53.23 $4.44 4.1% $323,200 3,150 49.146% $1,548.10 $350,000 3,443 46.726% $1,608.78 $60.68 $5.06 3.9% $369,300 3,653 49.146% $1,795.30 $400,000 3,988 46.726% $1,863.43 $68.13 $5.68 3.8% Assumptions: 8.3% increase in Market Value from 2023 to 2024 (Estimate from County) Information is based on Residential Homestead Properties Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature Median Value Home estimate $414,500 Iater its lw Median Home Value Property Tax Breakdown - $4143500 SFH I Annual Cost I Monthly C Public Safety $677.88 $56.49 Debt Service $406.73 $33.89 General Government $367.99 $30.67 Library $174.31 $14.53 Parks $154.94 $12.91 Public Works $154.94 $12.91 TOTALS $1,936.79 $161.40 Property Tax Levy Proposed 2024 G.O. Capital Outlay 2014A G.O. Capital Outlay 2016A CITY-WIDE LEVY G.O. Capital Outlay 2017A General Revenue Tax Levy _,...,$14,847,295 G.O. Capital Outlay 2018A Required Debt Service Tax Levy $3,006,35 G.O. Capital Outlay 2019A New Debt Service Tax Levy G.O. Capital Outlay 2021A $975,705 G.O. Capital Outlay 2022A Total Debt Service Levy $3,982,058 _ WMO Levy $41,800 2023 Capital Improvement Projects its lw $476,060 $239,715 $397,567 $469,578 $431,288 $401,625 $590,520 $5,100,000 2024 Capital Improvement Projects $4,100,000 Illwater New Positions Proposed - 2024 Fire Firefighter/Engineer (2) Police Police Officer (2) 2.0 2.0 Public Works Assistant Public Works Director 1.0 $230,060 $115,030 0.775% $288,680 $144,340 0.972% $179,760 $80,892 0.545% *One Police Officer and One Fire Fighter funded through Public Safety Funds tllIwaler. Public Safety Aid State Funds —one time • $851750 —Estimated Aid 0 0 0 ($115,030) — Fire Fighter ($144,340) — Police Officer 50..000 i — Police Ec uipment • $542)380 — Funds Remaining its water Notable Line Items 2024 Operating Budget Mayor/Council Lobbyist $40,000 $40,000 Mayor/Council Economic Development $10,000 $10,000 Elections County Manage Elections $23,000 $23,000 Administration Zoning Code Updates $50,000 $50,000 Administration Leadership Facilitation $20,000 $20,000 Facilities Building Repairs $40,000 $40,000 Comm. Dev. Software $10,000 $10,000 Police Wellness $30,000 $15,000 Inspections Plan Review/Inspection Contracting $100,000 $80,000 Contingency Lumberjack Days $30,000 $30,000 Where Does Your Property Tax Dollar Go? How the City spends each dollar it receives from the tax levy T11 ; V'kNVI? lift) � '1 L).. tt AL ; HIS C4rTI FOR ALL DeS!PUBLIICA1 RlArt K 03040E 06 H r K030405061 Public Safety 350 City of Stillwater — Debt Service 210 ,I I ~ General Parks Government 8¢ Library 9¢ 190 Public Works 8¢ tlIlwvaIer. Public Safety: Police, Fire Building Inspections Emergency Management General Government: Mayor & City Council Elections, MIS Finance Administration, HR City Attorney Plant/City Hall Community Development Unallocated Parks Public Works: Engineering, Streets Library t111water. Public Safety - $56.49 per month • 24/7/365 Police and Fire Protection Services • Fire Services - 2,391 Fire Department Calls in 2022 • Fire Suppression • BLS Medical Calls • Water/Ice Rescue • Fire Prevention • Police Services — 16,495 Police Department Calls in 2022 • Patrol • Investigations • Event Security, Crisis response, Emergency Management • Animal Control, School Resources Officer, Parking tlIlwvaIer. Debt Service - $33-89 per month • Park and Trail Improvements — 35 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities • Street Improvements - 96 miles of street network, 3.4 miles improved 2022 • Building Improvements and Repair — City Hall/Police Department; Fire Station; Carnegie Library; Public Works. • Capital Equipment — IT infrastructure; Police Cars; Fire Trucks; Plow Trucks; etc. tlIlwvaIer. General Government $30.67 per month • 100+ City Council / Boards & Commission Meetings • Management of approximately $40 million annual budget • Management, filling, recruiting for 107 positions • Business Licensing, Elections • Maintenance of IT Infrastructure — cameras, computers, data, copiers, security, network • Community Development — Comp Plan, Planning, Zoning, Economic Development, Land Use, Code Enforcement • Auditing, Legal Services, Billing, Accounts Payable, Assessing tlIlwvaIer. Parks $12.91 per month • Maintain Parks and Trails — 35 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities • Clearing trails • Mowing Parks (75 acres) • Event Permitting and Review 0 Maintaining Park equipment, playgrounds, benches, courts, bathrooms 1i1lwvaler. Public Works $12-91 per month • Maintain 96 miles of roads • Snow and ice removal • Road Maintenance and repairs • Tree Trimming • Crack Sealing • Seal Coating • Painting Crosswalks • Pavement Markings • Sidewalks tlIlwvaIer. Discussion Items Community Beautification Fund - $69,000 - Increased for lighting replacement in 2023 - Kept funding level for future beautification (banners for downtown street lighting, etc.) - No immediate expense Library is requesting an additional $40,000 tlIlwvaIer. Discussion Items - 7.5% _ $3,104 7 ■ Woodbury $ 10,000.00 Mendota Heights $ 7,500.00 Maplewood $ 7,000.00 Cottage Grove $ 6,000.00 Oakdale $ 5,000.00 Anoka $ 5,000.00 St. Paul $ 4,964.00 Ham Lake $ 4,600.00 Hastings $ 4,200.00 Oak Park Heights $ 4,103.00 Vadnais Heights $ 3,300.00 White Bear Lake $ 3,200.00 Mahtomedi $ 3,200.00 Forest Lake $ 3,000.00 Stillwater $ 2,887.50 Hugo $ 2,300.00 Red Wing $ 2,000.00 Lake Elmo $ 1,500.00 City of Stillwater DN UP DN UP ADA LIFT ROOF BELOW LUNCH AREA DECK T. T.STORAGE MULTIPURPOSE ROOM FIREPLACE LOUNGE PAVILION BELOW SEE PLAN 3 FOR ENTRY BELOW F SERVERY ADA LIFT COVERED PAVILION 2-PERSON SCULL 1-PERSON SCULL MECH BOAT STORAGE ACCESSORY BOAT STORAGE THREE SEASON BOAT STORAGEFIREPLACE ROOM PATIO CIRCULATION (E) BEAMS ABOVE LOW STONE RETAINING WALL (SUB-LEVEL) DECORATIVE SECURITY FENCING W/ ROOF AT EXISTING DRIVE T. T. T. JANITORIAL COUNTERTOP STONE PIER ADA LIFT MAIN ENTRY ENTRY LOBBY 4201 cedar avenue so. -minneapolis, MN 55407 | tel. (612) 904-1332 Client:Project:Number:Name: Project Number: AIPLE HOUSE DESIGN STUDY SD2.1 OPTION A -PADDLE SPORTS TRAILHEADCITY OF STILLWATER 2376 1/8" = 1'-0"SD2.1 1 UPPER LEVEL FLOOR PLAN - OPTION A 1/8" = 1'-0"SD2.1 2 LOWER LEVEL FLOOR PLAN - OPTION A 1/8" = 1'-0"SD2.1 3 TYPICAL ENTRY WAY PLAN (SPLIT-LEVEL) UP DN DN UP ADA LIFT ENVIRONMENTAL LEARNING ROOM 2-PERSON SCULL 1-PERSON SCULL DECORATIVE SECURITY FENCING W/ ROOF AT EXISTING DRIVE T. T. MECH ACCESSORY BOAT STORAGE BOAT STORAGE THREE SEASON BOAT STORAGE ENVIRONMENTAL DISPLAY AREA PATIO (E) BEAMS ABOVE (SUB-LEVEL) SCREEN / PRESENTATION WALL SERVERY LUNCH ROOM CALM ROOM FIREPLACE LOUNGE LEARNING NOOK T.T. ADA LIFT ROOF BELOWENVIRONMENTAL LEARNING ROOM BELOW SEE PLAN 3 FOR ENTRY BELOW ADA LIFT MAIN ENTRY ENTRY LOBBY 4201 cedar avenue so. -minneapolis, MN 55407 | tel. (612) 904-1332 Client: Project: Number: Name: Project Number: AIPLE HOUSE SD2.2 OPTION B -ENVIRONMENTAL LEARNING CENTERCITY OF STILLWATER 2376 1/8" = 1'-0"SD2.2 4 LOWER LEVEL FLOOR PLAN - OPTION B 1/8" = 1'-0"SD2.2 1 UPPER LEVEL FLOOR PLAN - OPTION B 1/8" = 1'-0"SD2.2 3 TYPICAL ENTRY WAY PLAN (SPLIT-LEVEL) DN UP DN UP EVENT PAVILION BELOW SERVERY GREEN ROOM BALCONY FIREPLACE ROOM BAR T. ADA LIFT T. SEE PLAN 3 FOR ENTRY BELOW BALCONY/OVERLOOK MEETING SPACEBREAKOUT / INFORMAL MEETING AREA T. EVENT PAVILION PATIO ADA LIFT T. MECH CONFERENCE ROOM (E) BEAMS ABOVE LOW STONE RETAINING WALL (SUB-LEVEL) GLASS O.H. DOORS ADA LIFT MAIN ENTRY 4201 cedar avenue so. -minneapolis, MN 55407 | tel. (612) 904-1332 Client: Project: Number: Name: Project Number: AIPLE HOUSE SD2.3 OPTION C -EVENT CENTERCITY OF STILLWATER 2376 1/8" = 1'-0"SD2.3 1 UPPER LEVEL FLOOR PLAN - OPTION C 1/8" = 1'-0"SD2.3 2 LOWER LEVEL FLOOR PLAN - OPTION C 1/8" = 1'-0"SD2.3 3 TYPICAL ENTRY WAY PLAN (SPLIT-LEVEL) Cite of *tiCCmater, Minnesota Resolution 2023- State Representative Josiah .Mill WHEREAS, State Representative Josiah Hill has represented the City of Stillwater as the State Representative for District 33B since January, 2023; and WHEREAS, Representative Hill has furthered the mission of the City by advocating for the following: • securing Washington County Historical Society Requestfor State Grant Fundsfor Improvements to the Washington County Heritage Center, • obtaining Legislative Authorization for approval of a Local Sales and Use Tax to fund Specific Capital Improvements Providing Regional Benefit, and • securing State Grant Funds for the Development of the Riverfront Parks which include Lumberjack Landing, Lowell Park, and Bridgeview Park, to name a few; and WHEREAS, we would like to extend the City s appreciation to Representative Hill for his dedication, commitment, and tireless efforts in making our City a better community. His hard work has truly made a positive impact, and the City of Stillwater is grateful for all he's done. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his dedication to the City of Stillwater and its citizens, Representative Hill is hereby commended for his faithful, efficient and unwavering service to the City and its mission. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to State Representative Josiah Hill. Adopted by the City Council this 5th day of September, 2023. aST 1 L�L�k,'�.,��, ;0 N anminar``. -Mayor Nillwater THE BIRTHPLACE OF MINN 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 and appreciation to Lie Jbunan Zyfib 4 ion and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: September 5, 2023 Nillwater THE BIRTHPLACE 0` MINN 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 and appreciation to ffie J m& & 3&xwation eamnibjia.n and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: September 5, 2023 Cite of ,*tifYivacter, fRinneota CONSTITUTION WEEK WHEREAS, September 17, 2023, marks the two hundred thirty-sixth anniversary of the drafting of the Constitution of the United States of America by the Constitution Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through September 23 as Constitution Week, NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater in the State of Minnesota, do hereby proclaim the week of September 17 through September 23 as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Stillwater, Minnesota, to be affixed this day 5th of September, two thousand twenty three. Mayor (ff tp of *tiCCmater, Minnesota WHEREAS, September is globally observed as "National Suicide Prevention & .fiction .Month," and here in StiClwater, we aim to spotCight the importance of mentaCheaCth resources and suicide prevention, encouraging open discussions to destigmatize mentaChealth challenges and direct those in need to vitaCsupport services; and WHEREAS, Suicide indiscriminately affects individuals across age, gender, race, orientation, income CeveC, religion, or background; according to the American ,foundation for Suicide Prevention ( FSP), suicide is the loth leading cause of death in Ninnesota andthe end for those between the ages of io and34 in the `(lnitedStates; and WHEREAS, In the past five years, suicide has claimed the Cives of more than ioo Ninnesota veterans annually. The Minnesota Department of Veterans .affairs and the 'V_l Healthcare System are taking proactive measures to distribute free gun Cocks, a move that emphasizes the Cife-saving impact of delaying access to a firearm. during emotionaCor stressfuCtimes; and WHEREAS, .according to the U.S. Department of 'Veterans affairs, a Cocked gun can significantCy after the tragic outcome for someone in crisis. `While veterans are generally weCG versed in firearm safety, it is a community responsibility for aCCgun owners to understand the role of gun Cocks in suicide prevention; and WHEREAS, Each suicide Leaves an emotionaCimprint on at least ioo Cives, touching family, friends, co-workers, neighbors, and community members. StilGwater grieves as a unified community for those lives irreversibly touched by suicide; and WHEREAS, Stillwater stands united in fully supporting our educators, mental health professionals, athCetic coaches, youth Leaders, churches, Caw enforcement, and community members in combating this crisis. GCobaCandCocaCorganizations, such as Hope For The Day and our community allies at 'Washington County, are braveCy addressing a problem that remains often silenced. 'We advocate for a culture of vigilance and caring in StiffWater, urging aCC residents to extend both small andmeaningfuCacts of compassion, like a phone call; message, or a hug, recognizing these gestures as potential lifelines for those in need. NOW THEREFORE, I, led XozCotivski, Mayor of the City of Sti&vvater, do hereby proclaim September 2023 as .Natici wd Suicide Jwtwntiaa & adie.n Atanth! IN WITNESS WHEREOF, I have hereunto set my handandcausedthe seaCof the City of StiCCtivater to be affixed this sth day of September, 2023. -Z,r� k6� Mayor j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES August 15, 2023 SPECIAL MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:35 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht (arrived at 3:58 p.m.), Polehna Absent: None Staff present: City Administrator Kohlmann City Clerk Wolf Community Development Director Gladhill Fire Chief Glaser Deputy Fire Chief Ballis Finance Director Provos Police Chief Mueller Public Works Director Sanders Human Resources Director Robole Facilities Manager Greiner Library Director Troendle Rec Center Manager Brady OTHER BUSINESS 2024 Proposed Budget Workshop City Administrator Kohlmann presented the 2024 budget recommendations. The recommended total property levy increase is 7.95%. Additional information on home values and impacts will be provided when available from the County. STAFF REPORTS Public Works Director Sanders shared concept drawings for Lumberjack Landing; updated the Council on the Chestnut Plaza Project; and stated that Teddy Bear Park will be closed for two weeks in September for resurfacing. Police Chief Mueller stated staff is doing active threat response training and School Resource Officer training. He explained legislation that restricts agents of the school from placing certain types of restraints on students, including protective holds; this places officers at risk. He gave personnel updates. Fire Chief Glaser reported on a mutual aid fire in Mahtomedi; a live burn in Grant; the Stillwater Township picnic; CPR training; and a Lower St. Croix Valley Fire panel discussion. There have been about 1,600 fire calls so far in 2023. Finance Director Provos noted that a 2012 bond will be called in September and future bonding authorization will be requested. City Council Meeting August 15, 2023 Community Development Director Gladhill updated the Council on development projects, property abatements, staff vacancies and the Zephyr Theater/school project. City Clerk Wolf stated election judges are being recruited. City Administrator Kohlmann stated Representative Hill will be at the September 5 City Council meeting. There will be a meeting in September on creating a special service district. The City is listed in the Green Business Directory. RECESS Mayor Kozlowski recessed the meeting at 4:50 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - Stillwater Junior Legion Baseball Team Mayor Kozlowski read a proclamation congratulating the Stillwater American Legion Post #48 for capturing the Division I Junior Legion Baseball State Championship on July 30. Stillwater Police Department Oath of Duty Presentation - Officer Jerome Carey Police Chief Mueller gave the Oath of Duty and Officer Carey's wife Morgan pinned on his badge. Washington County Historical Society 2024 Budget Request - Brent Peterson Washington County Historical Society Executive Director Peterson explained the services, showcased artifacts, and requested $7,500 for 2024 operating support. Council Service Awards - Traffic Safety Review Committee Members Jonathan Baller, David Jones, Robert Juen and Melissa Wetzel Mayor Kozlowski thanked members of the Traffic Safety Review Committee for their service to the City. Page 2 of 4 City Council Meeting August 15, 2023 Certificate of Appreciation - Jason Grode. Parks Superintendent Mayor Kozlowski commended Mr. Grode for his contributions to the City. Certificate of Appreciation - Yasmine Robinson, Planning Manager Mayor Kozlowski thanked Ms. Robinson for her service to the City. OPEN FORUM Robert Dombrowsky, 924 S 7th Street, voiced concerns with the 2023 Street Improvement Project. He asked for a $2,000 discount in his assessment because of poor work on his driveway and street. Craig Reed, president of Heifort Hills Estates Homeowners Association, and Larry Kelly, treasurer, brought up several issues with Integrity Land Development. He asked the City Council for help obtaining documentation about the status of the 2018 development agreement and the money held in escrow; high water causing sump pumps to run continuously; and the north side retaining wall which is too close to homes and should be removed. He requested the City's help to rectify the issues and to hold the developer responsible for items not completed. City Attorney Land stated she has told Mr. Reed to make a broad Data Practices Act request for all of the public information about the development. The developer's escrow may be used only for the public improvements for which it was retained. Many of the issues involve private improvements that should be addressed with the developer and Browns Creek Watershed District. Public Works Director Sanders added that the Utility Department found no leaks in the watermain system, which indicates the source of the water is not the watermain or water services. The only other option is to have everybody shut off their service for 8-12 hours to determine if there is any City water going through their sump pumps. John Tetzlaff and Reggie Kopesky, Yellow Ribbon Alliance of the Lower St. Croix Valley, promoted a September event. Louise Hansen, Rivertown Commons resident, apologized for what she stated to the Police Chief and officers about a previous issue. CONSENT AGENDA August 2, 2023 Workshop and Regular Meeting Minutes Payment of Bills Downtown Parking Additional Credit Card Terminals Purchase Request Downtown Stillwater Holiday Lights Agreements GIS Technician Fulltime Position Request - Resolution 2023-105 HVAC Controls Replacement Project Advertise for Bids - Resolution 2023-106 IT Management Services Agreement Liquor License Amendment for River Siren Brewery - Resolution 2023-107 No Parking on East side of 5th Street N - Resolution 2023-108 Payroll/HR Technician Position Request Postage Machine Lease Agreement Rivertown Art Festival Event and Temporary Liquor License Page 3 of 4 City Council Meeting August 15, 2023 Soil Boring Study Agreement for 2024 Street Improvement Project Temporary Liquor License for Stillwater Public Library Foundation Therapeutic Massage Business and Individual Massage Therapist Licenses - Resolution 2023-109 Washington County Community Development Agency Housing Project Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 8:12 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2023-105, Approving Cole Boelter GIS Technician to Full Time Status Resolution 2023-106, Approve Plans & Specifications and Ordering Advertisement for Bids for the City Hall and Police Department HVAC/Controls Replacement Project Resolution 2023-107, Resolution Approving Liquor License Amendment for Temporary Outdoor Premise Extension at 225 Main Street North Resolution 2023-108, Authorizing No Parking on the East Side of North Fifth Street North of West Myrtle Street Resolution 2023-109, Therapeutic Massage Business and Individual Massage Therapist Licenses Page 4 of 4 DATE: September 5, 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 $1,023,663.21 has been sent to the Mayor and City Council Members to approve for payment. Water �l THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 72na Street Road and Trail Improvements (Project 2022-04) DISCUSSION: Construction is continuing on the 72na Street Road and Trail Improvement Project and the work is scheduled to completed by the end of September. The next step in the public improvement process for the project is to declare costs to be assessed, order the preparation of assessment roll and call for the hearing on proposed assessments. Final costs are estimated to be slightly lower than the feasibility estimate $711,000 vs $795,000 estimate. For this project there are seven properties proposed to be assessed with the assessed amount unchanged at $39,000. It is proposed that that the hearing will be held October 3, 2023 at 7pm at City Hall. RECOMMENDATION It is recommended that council declare costs to be assessed, order the preparation of assessment roll and call for the hearing on proposed assessments for the 72na Street Road and Trail Improvements. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR 72na STREET ROAD AND TRAIL IMPROVEMENTS (PROJECT 2022-04) 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 72ND STREET ROAD AND TRAIL IMPROVEMENTS (PROJECT 2022-04). City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 72"d STREET ROAD AND TRAIL IMPROVMENTS (PROJECT 2022-04) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and utilities and the contract (bid) price for such improvement is $525,000 and the expenses incurred or to be incurred in the making of such improvement amount to $186,100.76 so that the total cost of the improvement will be $711,100.76 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $672,100.76 and the portion of the cost to be assessed against benefited property owners is declared to be $39,000. 2. Assessments shall be payable in equal annual installments extending over a period of five (5) years, if the assessment amount is $3000 or less or 10 years if the assessment is over $3000. The first of the installments to be payable on or before the first Monday in January, 2024 and shall bear interest at the rate of 5.07 percent per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the City Council this 5th day of September 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT 72ND STREET ROAD AND TRAIL IMPROVEMENTS (PROJECT 2022-04), WHEREAS, by a resolution passed by the Council on September 5th, 2023, the city engineer was directed to prepare a proposed assessment of the cost for the 72nd Street Road and Trail Improvements The following is the area proposed to be assessed; Properties abutting; 72nd Street N and Interlachen Dr. from Rutherford Road to Northland Ave. WHEREAS, the City engineer has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A hearing shall be held on the 3rd day of October, 2023 in the city hall at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by November 15, 2023. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 5' day of September 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2023 Street Improvement Project (2023-02) BACKGROUND The contractor is progressing on the 2023 Street improvement Project. The project is scheduled to be significantly completed by the end of October 2023. Based on the work completed and estimating the cost of the remaining work, staff has projected the total cost of the project to be $2,520,367.85. The assessment roll needs to be prepared and a hearing held. It is proposed that that the hearing will be held October 3, 2023. This will certify the project to the County this year. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the project. ACTION REQUESTED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE 2022 STREET IMPROVEMENT PROJECT (PROJECT 2023-02). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2023 STREET IMPROVEMENT PROJECT (PROJECT 2023-02). City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2023 STREET IMPROVEMENT PROJECT (PROJECT 2023-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and utilities at $2,200,362.66 and the expenses incurred or to be incurred in the making of such improvement amount to $320,005.18 so that the total cost of the improvement will be $2,520,367.85. NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota: 1.The portion of the cost of such improvement to be paid by the city is hereby declared to be $741,046.17 $830,506.17 and the portion of the cost to be assessed against benefited property owners is declared to be $1,779,321.67 $1,689,861.67. 2.Assessments shall be payable in equal annual installments extending over a period of five (5) years, if the assessment amount is $3000 or less or ten (10) years if the assessment is over $3000. The first of the installments to be payable on or before the first Monday in January, 2024, and shall bear interest at the rate of (5.07%) five and a seven hundredth per annum from the date of the adoption of the assessment resolutions. 3.The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4.The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the City Council this 5th day of September, 2023. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: _________________________________ Beth Wolf, City Clerk REVISED City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2023 STREET IMPROVEMENT PROJECT (PROJECT 2023-02) WHEREAS, by a resolution passed by the Council on September 5th, 2023, the city clerk was directed to prepare a proposed assessment of the cost for the 2023 Street Improvement Project. The following is the area proposed to be assessed; Properties abutting Abbott St., Anderson St. (Everett St. to Holcombe St.), Center St. S (Willard St. W to Pie St. W), Everett St. (Churchill St. to Abbott St.), Harriet St. (Churchill St. to Anderson St.), Linson Cir., Martha St. (Abbott St. to Anderson St.), Orleans CT., Orleans St W. (Greeley St. to Orleans Ct.) 5 TH Street S (Willard St. to Churchill St.), 6 TH Street S (Willard St. to Hancock St.), 7 TH Street S (Willard St. to Hancock St.), Holcombe St. (Hancock St. W to Churchill St. W), Barons Way, Bergmann Dr., Delano Ct., Delano Dr., Delano Way, Ilo Way, Judd Trail, Legend Blvd., McDougal Grn, Sawyer Pl, Settlers Ave., Staloch Pl, Timber Way, Reunion Rd, Gadient Way, Staples Pl, WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota: 1. A hearing shall be held for the project on the 3rd day of October, 2023 at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 5th day of September 2023. CITY OF STILLWATER _______________________________ Ted Kozlowski, Mayor ATTEST: _____________________________ Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2023 STREET IMPROVEMENT PROJECT (PROJECT 2023-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and utilities at $2,200,362.66 and the expenses incurred or to be incurred in the making of such improvement amount to $320,005.18 so that the total cost of the improvement will be $2,520,367.85. NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $741,046.17 and the portion of the cost to be assessed against benefited property owners is declared to be $1,779,321.67 2. Assessments shall be payable in equal annual installments extending over a period of five (5) years, if the assessment amount is $3000 or less or ten (10) years if the assessment is over $3000. The first of the installments to be payable on or before the first Monday in January, 2024, and shall bear interest at the rate of (5.07%) five and a seven hundredth per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the City Council this 5t" day of September, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2023 STREET IMPROVEMENT PROJECT (PROJECT 2023-02) WHEREAS, by a resolution passed by the Council on September 5th, 2023, the city clerk was directed to prepare a proposed assessment of the cost for the 2023 Street Improvement Project. The following is the area proposed to be assessed; Properties abutting Abbott St., Anderson St. (Everett St. to Holcombe St.), Center St. S (Willard St. W to Pie St. W), Everett St. (Churchill St. to Abbott St.), Harriet St. (Churchill St. to Anderson St.), Linson Cir., Martha St. (Abbott St. to Anderson St.), Orleans CT., Orleans St W. (Greeley St. to Orleans Ct.) 5 TH Street S (Willard St. to Churchill St.), 6 TH Street S (Willard St. to Hancock St.), 7 TH Street S (Willard St. to Hancock St.), Holcombe St. (Hancock St. W to Churchill St. W), Barons Way, Bergmann Dr., Delano Ct., Delano Dr., Delano Way, Ilo Way, Judd Trail, Legend Blvd., McDougal Gm, Sawyer PI, Settlers Ave., Staloch PI, Timber Way, Reunion Rd, Gadient Way, Staples PI, WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota: 1. A hearing shall be held for the project on the 3rd day of October, 2023 at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 511 day of September 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: September 28, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Compensation Adjustment for 2023 Election Judges BACKGROUND Recruitment for election judges is underway and a final list will be given to the School District for appointment by October 13, 2023. Approximately 80 judges will be needed for this year's special election. Compensation for being a judge is currently $10.50/hour for a regular election judge and $13/hour for a co-head judge. The $10.50 rate is currently $.09 below the Minnesota minimum wage required by law therefore compensation for a regular election judge needs to be adjusted. Staff would like to increase the wage for a regular judge to $11/hour and keep the co-head judge rate at $13/hour, which is also the same rates as Washington County pays their elections judges. The increase in election wages will not affect the City's budget for 2023 as the School District reimburses the City for running the special election. These rates have been incorporated in the 2024 preliminary budget for next year's elections. RECOMMENDATION Staff recommends Council approve increasing the regular election judge wage to $11 per hour ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting RESOLUTION 2023- FIXING COMPENSATION FOR THE 2023 SPECIAL ELECTION. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx FIXING COMPENSATION FOR THE 2023 SPECIAL ELECTION WHEREAS, the City Clerk recommends elections judges to be appointed by the School District for the upcoming Special Election; and WHEREAS, the compensation for election judges whom are qualified to serve as an election judge shall be established to match the rate paid by Washington County. NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the compensation to be paid to a regular Election Judge is hereby fixed at $11 per hour; and the compensation for a Co -Head Judge is hereby fixed at $13 per hour and that the City will provide food (lunch and dinner) to judges as part of their compensation. Adopted by the Stillwater City Council this 5th day of September, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the CSAH 5 Improvement, Phase 2 (2019-09) BACKGROUND The County's contractor is near completion on the CSAH 5 Improvement, Phase 2 Project. In order to continue with the improvement process, an assessment roll needs to be prepared and an assessment hearing held. The assessed portion of the improvements are primarily the City's share of the curb and gutter costs and the cost of the sidewalk, water and sanitary services for 950 and 1020 Owens Street. Based on the work completed and estimating the cost of the remaining work, staff has projected the total cost of the project to be $630,144.00. The assessment roll needs to be prepared and a hearing held. It is proposed that that the hearing will be held October 3, 2023 at 7pm at City Hall. This will certify the project to the County this year. RECOMMENDATION It is recommended that council declare costs to be assessed, order the preparation of assessment roll and call for the hearing on proposed assessments for the CSAH 5 Improvement, Phase 2 Project. ACTION REQUESTED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE CSAH 5 IMPROVEMENT PROJECT, PHASE 2 (PROJECT 2019-09). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE CSAH 5 IMPROVEMENT PROJECT, PHASE 2 (PROJECT 2019-09). City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR CSAH 5 IMPROVEMENT, PHASE 2 PROJECT (PROJECT 2019-09) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and utilities at $464,416.00 and the expenses incurred or to be incurred in the making of such improvement amount to $165,728 so that the total cost of the improvement will be $630,144.00. NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota: The portion of the cost of such improvement to be paid by the City is hereby declared to be $442,480.45 and the portion of the cost to be assessed against benefited property owners is declared to be $187,663.55 2. Assessments shall be payable in equal annual installments extending over a period of five (5) years, if the assessment amount is $3000 or less or ten (10) years if the assessment is over $3000. The first of the installments to be payable on or before the first Monday in January, 2024, and shall bear interest at the rate of (5.07%) five and a seven hundredth per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the City Council this 5t" day of September, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR CSAH 5 IMPROVEMENT, PHASE 2 PROJECT (PROJECT 2019-09) WHEREAS, by a resolution passed by the Council on September 5th, 2023, the city clerk was directed to prepare a proposed assessment of the cost for the 2023 Street Improvement Project. The following is the area proposed to be assessed; Properties abutting Owens Street from Olive Street west to Sycamore Street west. WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota: 1. A hearing shall be held for the project on the 31 day of October, 2023 at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 5th day of September 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Water �l THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: Approval of Engineering Services Curve Crest Utility Extension Project (Project 2023-11) DISCUSSION Recently, the City solicited Request for Proposals for Engineering Services for design, construction, inspection and contract administration for the Curve Crest Utility Extension Project. This project would consist of extending sanitary sewer and water main on Curve Crest Boulevard from the Associated Eyecare building to the west to serve future development at the southwest corner of the City. Four proposals were received and upon review, staff has selected the consulting firm of WSB for the engineering services. WSB is a multi -disciplinary consulting company whose work has included utility extension projects and lift station design. WSB's costs for the engineering services is not to exceed $183,553.00. RECOMMENDATION Staff recommends Council approve and award the proposal for engineering services to WSB for the Curve Crest Utility Extension and enter into agreement. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion to APPROVE AND AWARD PROPOSAL, AND ENTER INTO AGREEMENT FOR ENGINEERING SERVICES FOR THE CURVE CREST UTILITY EXTENSION PROJECT (PROJECT 2023-11).   City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR ENGINEERING SERVICES ON CURVE CREST UTILITY EXTENSION PROJECT (PROJECT 2023-11) WHEREAS, an engineering proposal for the Curve Crest Utility Extension Project has been received by WSB; and WHEREAS, the proposal was presented to Council, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into contract with WSB for engineering services for the Curve Crest Utility Extension Project Adopted by the City Council this 5th day of September 2023. CITY OF STILLWATER ___________________________________ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk   i water THE BIRTHPLACE OF MINNESOTA DATE: August 30, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Downtown Holiday Lights Agreements BACKGROUND Staff has obtained one more Downtown Holiday Lights agreement to allow the winter Holiday lights to be placed along the top of businesses buildings. Staff will continue to encourage the one remaining property owner to renew the 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 day of , 2023 by and between the City of Stillwater ("City") and("Owner") for exterior holiday lights to be located on the building at Zoq MAyIN��✓�� _ ("Property'). 2-?�2 MA-tId—r5 RECITALS: 1. City desires to install, maintain, repair, and remove holiday lights ("Holiday Lights") along Main Street North, within the Historic Downtown Stillwater District, on the exterior of the building on the Property. 2. Owner agrees that the City can install the Holiday Lights and will provide City with access to the Property for the purposes of installation, maintenance, repair, and removal of the Holiday Lights. NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. Term: This Agreement shall commence on May 1, 2023 and shall terminate on May I, 2026, unless terminated earlier due to default. 2. Covenants and ALleentents of the Owner: Owner covenants and agrees with City that: (a) I loliday Lighting F roffiect: City or its assigns shall install, maintain, repair, and remove Holiday Lights on the Property at City's expense. (b) License to Construct and Inspect: Owner hereby authorizes and grants a temporary license to access the Property for the purposes of installing, maintaining, repairing, and removing the Holiday Lights, which shall be affixed to the exterior of the building on the Property. Owner acknowledges and agrees that City shall pay no compensation for the temporary license and Owner acknowledges the consideration of City paying for the Holiday Lights. (c) Lightin z T�, 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 tree 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 Iloliday 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 yment of Costs of Iloliday 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 authorize representatives. CITY OF STILLWATER: OWNER , By: By: nr�v Ted Kozlowski, Mayor (signature) By: Its: ' Beth Wolf, City Clerk (title) �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: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Everett Street Lift Station Upgrade BACKGROUND The Public Works Department budgeted funds in 2023 to upgrade the Everett Street Lift Station. The current equipment is from the mid 90's when the station was converted from a wet well dry well to a submersible. The upgrades will consist of the installation of two new pumps and a control panel. This will extend the useful life of the Lift Station. Electric Pump submitted a quote of $33,988.00 and Telemetry Process & Controls, Inc. submitted a quote for the control panel $58,965.00. Funds for this project will be paid out of the 2023 Capital Outlay Budget. RECOMMENDATION Staff recommends that Council approve the quotes from Electric Pump for the pumps and Telemetry Process & Controls, Inc., for the control panel to be installed at the Everett Street Lift Station and enter into agreements. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the upgrades to the Everett Street Lift Station and accept agreements with Electric Pump & Telemetry Process & Controls. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 5th day of September, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Electric Pump, 201 4th Ave SW, New Prague, MN 56071 ("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; Everette Street Lift Station Upgrade 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 7/27/23, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Anthony Theisen 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 Electric Pump 216 4th Street North 201 4th Ave SW Stillwater, MN 55082 New Prague, MN 56071 Attention: Robert Benson Attention: Anthony Theisen Or e-mailed: rbenson@stillwatermn.gov Or emailed: anthon3gAelectricpu111p.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 Electric Pump By: By (Please Print): Title (Please Print): Project Description: Everette Street Lift Station Upgrade Page: I EP ELECTRIC PUMP QUOTED TO: CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 QUOTATION 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 QUOTE NUMBER: 0187690 QUOTE DATE: 7/27/2023 EXPIRE DATE: 8/28/2023 SALESPERSON: ANTHONY THEISEN www.clectricpump.com CUSTOMER NO: 4308800 QUOTED BY: JNL EVERETT LS - PUMPS JOB LOCATION: CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 CONFIRM TO: WADE WELLNER 651-275-4103 *** QUOTE ORDER - DO NOT PAY *** CUSTOMER P.O. SHIP VIA F.O.B, TERMS BEST WAY NET 30 DAYS ITEM NUMBER UNIT ORDERED SHIPPED BACK ORDER PRICE AMOUNT RE: EVERETT LIFT STATION - REPLACE FLYGT 3126 WITH CP 462 IMPELLERS. 0031270600035 EACH 2.00 0.00 0.00 15,231.00 30,462.00 NP488-4 10/230/3 50' FLS FV FLYGT MODEL 3127; 4" DISCHARGE, N498 HARD IRON IMPELLER AND WEAR PLATE, IOHP/23OV/3PH MOTOR 50' POWER CORD. 1400000407129 EACH 2.00 0.00 0.00 763.00 1,526.00 MINI-CASII/FUS 120/24VAC,24VDC OVERTEMP/SEAL FAIL RELAY FOR INSTALLATION IN THE CONTROL PANEL. PUMPS ARE APPROXIMATELY (2) WEEKS OUT, ARO. FREIGHT AND INSTALLATION ARE NOT INCLUDED ON THIS j I� QUOTE.000. THANK YOU, JENNIFER STEPKA jstepka�r elcctricpump.com CC: ANTHONY THEISEN 612-710-2154 *** 3"/4CONVENI< NCB; FEE FOR CREDITCARD CHARGE OVER $5.000.00 *** All return goods must have written approval from Electric Pump, before returning. Credit will not be issued without written approval : if applicable there will be a Restock Fee. Please note that we are no longer offering a thirty(30) day validity date. Due to the current volatility in the materials market, pricing and ship dates are subject to confirmation at time of order. Net Order: Less Discount: Freight: Sales Tax: Order Total: 31,988.00 0.00 0.00 0.00 31,988.00 �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 5th day of September, 2023, by and between the City of Stillwater, 216 4ch Street North, Stillwater, Minnesota 55082, ("City") and Telemetry and Process Controls, Inc., 7250 Hudson Blvd. N. Suite 160, Oakdale, MN 55128 ("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; Everette Street Lift Station Upgrade: Control Panel 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 7/26/23, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Ken Rimer 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 Telemetry and Process Controls, Inc. 216 4th Street North 7250 Hudson Blvd. N. Suite 160 Stillwater, MN 55082 Oakdale, MN 55128 Attention: Robert Benson Attention: Ken Rimer Or e-mailed: rbenson@stillwatermn.gov Or emailed: krimer@tpcusa.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 Telemetry and Process Controls, Inc. By: By (Please Print): Title (Please Print): Project Description: Everette Street Lift Station Upgrade: Control Panel , < :TPC TELEMETRY & PROCESS CONTROLS, INC. July 26, 2023 230726KR Stillwater, MN Everette Street Lift Station Pump Control Panel 973*-dI7dtg41,}h1C hRd:tgddn.APQ#38,16; 4 i984,76313768W#ri{ �34,#€63C3:76f# Thank you for the opportunity to present this quote to you and your firm. Telemetry and Process Controls, Inc. (TPC) will supply the following equipment and services: • Everette Street Lift Station Control Panel 230/120 Vac 3 Phase 4 wire o Nema type 4X 304 SS 2 door enclosure including inner doors, 18" leg kit, ventilation louvers, back panel, 3-point latches o Surge arrestor, 230 Vac 3 phase o Phase monitor with fuses o Main circuit breakers, 100A, interlocked o Emergency circuit breakers, 100A, interlocked o Remount Existing Enclosure Generator receptacle o Feeder circuit breaker, 100A, 2 pole o (2) MCP's, sized for 11 Hp, 230 Vac 3 phase pump motors o (2) Solid State Motor, Alien Bradley SMC, sized for 11Hp, 230 Vac 3 phase pump motors o (3) Control circuit breakers o Enclosure heater with thermostat o Surge arrestor, 120VAC o Uninterruptible power supply 500 Va. o UPS receptacle o Convenience receptacle, GFI, Inner door mounted o IS barrier, digital input 2 channel, floats o IS barrier, analog input 1 channel, submersible transducer o Radio transceiver o Antenna lightning arrestor, bulkhead mount o Antenna cable, 3' o Ethernet switch, 5 ports o Operator interface terminal, 7" color touch screen o MicroLogix 1400 PLC with required expansion modules o Remount and wire Existing Over temperature/Seal Fail relay o (AR) Interposing relays and timers o External alarm light o (2) Run time meter o (2) Selector switches Lift Pumps Hand -Off -Auto o (2) Pilot Lights, LED-P-T-T, Lift Pumps Run o (2) Pilot Lights, LED-P-T-T, Lift Pumps Fail o (2) Pilot Lights, LED-P-T-T, Lift Pumps Call o (2) Pilot Lights, LED-P-T-T, Lift Pumps Seal Fail o (2) Pilot Lights, LED-P-T-T, Lift Pumps Over Temperature o (1) Pilot Light, LED-P-T-T, Power On o (1) Pilot Light, LED-P-T-T, High Level o (1) Pilot Light, LED-P-T-T, Low Level o (5) Pushbuttons, Lift Pumps Over Temperature Reset, Alarm silence, Soft Starter Reset, Float back-up Reset o Misc. panel components, wire duct, terminals, wire markers, nameplates, etc. o UL 698A listed vow tpCuae corn • Field Parts o Yagi, directional antenna o Antenna cable o Type N antenna connectors o Ground kit o (2) Float switch with anchor kit o Submersible transmitter with suspension cable • Professional Services o Lift Station PLC/OIT programming o Revise existing HMI program to incorporate new Lift Station o Telemetry configuration and test o On site Lift station start-up and test o Install revised HMI software and test o Lift Station operational training o HMI training o Radio path study TPC's price includes: • Engineering • Submittals Operation & Maintenance Manuals • 2-Year Warranty • Factory Check Out • Start-up and training, as detailed above TPC's price does not include: o Field Installation o Utility metering o Disconnect switch o Taxes TPC's Price is: $58,965.00 Following your review of this information, please let us know If you have questions. Sincerely, 7(e4,ii'IZ I�YYLP.f'' Water/Wastewater Sales Telemetry and Process Controls, Inc. 7250 Hudson Blvd. N. Suite 160 Oakdale, MN 55128 651-430-0435 (C)651-592-3846 krimer@tpcusa.com WWW.TPCUSA.COM Cc: TPC, Inc. — Brad Winkles Terms and Conditions ACCEPTANCE: This proposal is an invitation for an offer and will become a binding contract when accepted. LIMITATION OF PROPOSAL: The prices and terms quoted in this proposal are subject to acceptance by the Purchaser within a period of (30) calendar days from the date herein. EXCLUSIONS: This proposal is based solely and completely on specifications submitted to Telemetry and Process Controls, Inc. (TPC) at the time of the writing of the proposal. General plans and specification not actually submitted shall not apply This proposal, together with all annexed specifications, when accepted, shall be the complete agreement between the parties; and any alternations or unusual and undisclosed conditions or deviations from the above specifications involving extra costs shall be agreed upon in writing by both parties and shall become an additional charge over and above the proposal price set forth herein. Delays or impossibility of performance by TPC because of strikes, accidents, or other reasons beyond the control of TPC shall relieve us from all liability herein SHIPMENT: Time of shipment shall be as stated in the proposal after receipt of order and acceptance and final approval of all drawings and submittal. TERMS OF PAYMENT: Terms are Net 30 days, based on rated credit. Otherwise, alternate arrangements must be made These terms and conditions have control over any terms presented by Buyer, through a purchase order or otherwise. We reserve the right to cancel the contract or cease work if payments thereon are not received when due. 1.5% per month shall be charged on all unpaid balances. TAXES: The Purchaser shall pay any local, state or federal sales, excise or use tax imposed on the equipment in addition to the prices quoted. WARRANTY LIMITATION: There are no warranties that extend beyond the warranties herein after expressed. WARRANTIES: All work shall be done in a workmanlike manner according to standard practices We warrant performance against defects in materials and workmanship for a period of twelve (12) months from the date of shipment We agree to pass on to the Purchaser such warranties, if any, as may be extended by the manufacturer for material supplied. Labor for replacing defective materials shall not be provided by us unless it is specifically spelled out in the proposal. We shall not be responsible for materials damaged, lost or stolen after delivery, through no fault of ours, or for failure to deliver and perform because of reasons beyond our control, EXCLUSIVE REMEDIES: Remedies are limited to the repair or replacement at FOB point of delivery. Consequential damages are excluded. In no event shall TPC be responsible for consequential damages of any such defective material or workmanship including, but not limited to, the Purchaser's loss of material or profits, increased expenses of operation, downtime or reconstruction of the work, and in no event shall TPC's obligation under this warranty exceed the original contract price of the defective item It is agreed that any action for breach of express or implied warranty shall be initiated within twelve (12) months of the date of TPC's shipment. DISCLAIMER: TPC will not be responsible for damage to equipment or materials through attempts to operate it in excess of its rated capacity or recommended use, intentional or otherwise, by parties other than TPC or its authorized representatives. CONDITIONS OF SALE: Prices quoted are those now in effect. Seller reserves the right to bill at the prices in effect at the time of shipment if the proposal is not accepted in writing within thirty (30) days, unless a longer term of validity is in writing on the proposal. LIMITATIONS OF LIABILITY A. Neither Seller nor its suppliers of any tier will be liable to Purchaser, whether in contract, in tort (including negligence and strict liability), under any warranty or otherwise, for any special, indirect, incidental, or consequential loss or damage whatsoever, or for loss of or to the plant, loss of use of equipment or power system, cost of capital, loss of profits or revenue or the loss of use thereof, cost of environmental damage or clean-up, or claims of customers of Purchaser. The remedies set forth herein are exclusive, and the total cumulative liability of seller and it suppliers under any purchase order or any act or omission in connection therewith or related thereto, whether in contract, in tort (including negligence and strict liability), under any warranty, or otherwise, will be limited to the price of the contract. B The provisions of this Article shall survive termination, cancellation or expiration of the purchase order and shall apply, notwithstanding any other provisions of this Agreement or any related document thereto, to the fullest extent permitted by law. Prior to the transfer of any equipment or material furnished or for which work is furnished hereunder from the project site (except temporarily for repair work or permanently for disposal), or the transfer of any interest therein or in the plant, Purchaser shall obtain for Seller written assurances from the transferee of limitation of and protection against liability following the proposed transfer at least equivalent to that afforded seller and its suppliers under the purchase order. water Now THE BIRTHPLACE OF MI N N E S O TA DATE: September 5, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Lighting Fund Fee increase. DISCUSSION: The Downtown Lighting Project was presented to Council earlier this year describing the project and possible funding sources. The estimated cost of the project is $3.6 and the sources to fund were proposed as; ARPA Funds, Municipal State Funds, assessments and the Lighting Fund. ARPA funds and Municipal State Funds would fund $2.2M of the project, leaving the remaining $1.4M cost to be paid for from a combination of assessments and the Lighting Fund. In either case, Lighting Fund base rate would have to be increased, since assessed amounts would only fund $350,000 Council directed staff to not assess property owners, but to account for the remaining difference by increasing the base rate of Lighting Fund. In working with the Finance Director, a $3.00 increase in the Lighting Fund base rate to $12/quarter would generate roughly $150,000 of additional annual revenue. This would be enough to pay off the debt for the Downtown Lighting Project over a ten-year period from the 2023 bond sale. The increase to the lighting fund would be effective for the fourth quarter usage billing, which occurs in January 2024. RECOMMENDATION. Staff recommends that the base rate of Lighting Fund be increased by $3.00 to $12/quarter effective October 1, 2023 ACTION REQUIRED If council concurs with the recommendation the should pass Resolution 2023- RESOLUTION AMENDING FEE SCHEDULE FOR LIGHTING FUND RATES RESOLUTION 2023- RESOLUTION AMENDING FEE SCHEDULE FOR LIGHTING FUND RATES WHEREAS, the Stillwater City Council adopted Resolution 2022-172 entitled "Resolution Approving the City of Stillwater 2023 Fee Schedule" on December 20, 2022; and WHEREAS, an amendment on the fee schedule is needed to adjust the Street Lighting Rate; and NOW, THEREFORE, BE IT RESOLVED by the Stillwater City Council that the City of Stillwater 2023 Fee Schedule is hereby amended to reflect the following changes; Street Lighting - Per Quarter Residential W (3% increase in 2024 and 2025) Adopted by the City Council this 5th day of September, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: Lift Bridge Brewery Anniversary Day 5k and Beer Mile Event Application BACKGROUND Meet the Monsters Athletics has made an application to organize a 5k and beer mile for the Lift Bridge Brewery to be held on Saturday, September 9, 2023. The proposed route will start and finish at the Lift Bridge Brewery on Tower Drive, running on sidewalks where available. The event has a street closure for more than two hours, therefore needing Council approval. Closure of Tower Drive will be from the brewery to Northwestern Ave and occur the day of the race 7 am to 1 pm, which includes set up and take down. Event runs from 8.30 am to 12 pm. Public Works will stage road barricades and Stillwater Police will post "no parking" signs on Tower Drive. Any associated City costs will be invoiced according to the 2023 Fee Schedule. RECOMMENDATION Staff recommends approving the event application for the Lift Bridge Brewery Anniversary Day 5k and Beer Mile. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING EVENT APPLICATION FOR LIFT BRIDGE BREWERY ANNIVERSARY DAY 5K AND 3��:7►�ilf�� 5k ROUTE (6 Oak St W N Pine St W Pine St W 19 v i Lake 0 2j chool -Q, r� Willard St �A Washington Park cr 6 Lily Lake Arena m Lily Lake Park o Surrey Vs a m Cn c O�. Orleans St W Q C Tower Dr. , ; D � W c Washington CL County License Center... m ro m Stillv lD (D fD �` `G Shelton Dr 6n Lift Bridge Q Brewing Stillwater QJanet Jezior- State Farm Insurance Agent Tower Dr W Red lines are barricades Yellow dots are no parking signs River Valley Athletic Club OSI Physical Therapy O 0 Midwest Lumber Tower Dr W Tower Dr W © Lake Elmo Pharmac i water THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Maryknoll Lift Station Improvement Project (2023-12) BACKGROUND The Public Works Department budgeted funds in 2023 to upgrade the Maryknoll Lift Station. The upgrade is in line with previous lift station upgrades that consist of converting old lift stations from dry/wet well to a submersible pump lift station. Three bids were received to prepare plans and specifications for the proposed upgrades: Sambatek $43,645. Bolton & Menk $63,500. SEH $69,900. Staff reviewed all quotes and chose Sambatek to do the work. RECOMMENDATION Staff reviewed all quotes and chose Sambatek to do the work, Sambatek did send over examples of similar work they conduct in other municipalities, and staff recommend that Council to accept the bids and award the project to Sambatek. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING THE AGREEMENT WITH SAMBATEK TO PREPAIR THE PLANS AND SPECIFICATIONS FOR THE MARYKNOLL LIFT STATION IMPROVEMENT PROJECT (2023-12) l (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 5th day of September, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Sambatek, 12800 Whitewater Dr. #300, Minnetonka MN 55343 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: Maryknoll Lift Station Improvements WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 8/14/2023, incorporated herein as Exhibit A; b. Consultant 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. 2. PAYMENT. a. City agrees to pay and Consultant 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 Consultant 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. Consultant 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. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended only 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. 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 Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until 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. 5. SUBCONTRACTORS. Consultant 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 Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant 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. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant 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 Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah, to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Robert O'Connell, 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. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant 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 Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. 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. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant 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 General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4tn Street North Stillwater, MN 55082 Attention: Reabar Abdullah Or e-mailed: rabdullah(ab-ci.stillwater.mn.us If to Consultant: Sambatek 12800 Whitewater Dr. #300 Minnetonka, MN 55343 Attention: Robert O'Connell Or e-mailed: roconnell(a-)sambatek.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant 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 Consultant 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. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. 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. e. 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. f. 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. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N SAMBATEK By: Its: Date: Project Description: Maryknoll Lift Station Improvements :11I11Y.1C: Proposal for Engineering Services for City of Stillwater's Maryknoll Lift Station Improvements t;%sambatek August 14, 2023 Reabar Abdullah, PE Assistant City Engineer City of Stillwater 216 4th Street North Stillwater, MN Delivered to: rabdullah@stillwatermn.gov SUBJECT: Maryknoll Lift Station Improvements Stillwater, MN Proposal for Engineering Services Dear Mr. Abdullah: Engineering I Surveying I Planning I Environmental We are pleased to present the following proposal for our professional services in conjunction with the proposed project located in the City of Stillwater, Minnesota. Sambatek has provided consulting services in the region for over 55 years. With our multi -disciplinary team of experienced staff, we are confident that we can overcome any challenge your project faces while bringing value. The following page highlights our approach to critical success factors for this project, including innovation, experience, cost-effective designs, and responsiveness. Sincerely, Sambatek, LLC Robert O'Connell, PE Senior Project Manager Enclosures: Exhibit A: Project Experience Exhibit B: Key Personnel Bios Mike Nielson, PE Principal -in -Charge City of Stillwater August 14, 2023 Project Description The Maryknoll Lift Station is located at the intersection of Maryknoll Drive and Oak Ridge Road in Stillwater, Minnesota. The lift station site is within an easement along the edge of Oak Ridge Road. The existing lift station was constructed in 1971 and consists of a wet well/dry well, a bypass manhole, and a control panel with telemetry. The site is not fenced and is fairly open to traffic and pedestrians. A bypass manhole is located at the paved intersection of Maryknoll Drive and Oak Ridge Road. In 2007, the Maryknoll Lift Station was upgraded. The upgrade consisted of the replacement of the pumps, the replacement of the check and gate valves, the replacement of the sump pump in the dry well, and resurfacing of the dry well manhole floor. Based on information provided by the city, the existing two pumps are 15-horsepower with an average discharge of 175 gallons per minute (GPM). Pump draw -down tests that were performed in 2007, and provided to Sambatek by the city, indicate that the pumps were each discharging approximately 440 GPM while testing was being performed. The 7-foot diameter dry well and 5-foot diameter wet well are both approximately 33 feet deep. The pumps discharge through a 6-inch diameter force main. Project Understanding The City of Stillwater is looking to modify the lift station by replacing the existing pumping and piping components, abandoning the wet well/dry well concept, and converting the system into a submersible lift station. The dry well is requested to be converted to a wet well where the submersible pumps will be installed, and the existing bypass manhole would be converted to a valve manhole with a pipe manifold with check valves and isolation valves. The existing wet well would remain and serve the influent manhole. A bypass system is requested for bypassing the lift station for operation and maintenance needs. As requested in the Request for Proposal (RFP), a site survey is needed and a geotechnical evaluation is to be performed (billed directly to the city). A preliminary design, final design, and assistance during bidding and construction are also requested. Project Approach Conversion from the wet well/dry well concept to a submersible station is a valid idea. The current wet well/dry well configuration is not needed for a pumping system of this capacity. The wet well/dry well "can" lift station concept was frequently utilized in the 1970s, but most of these types of lift stations are beyond their useful life and the steel can structure is generally deteriorated in most cases. The city has already replaced the pump and valve components and performing this again to extend the life of the current system is not recommended. City of Stillwater August 14, 2023 Conversion of the existing dry well to serve as a wet well containing submersible pumps could likely require complete replacement of the structure, mainly for the following reasons: • The existing configuration of the dry well would not allow for maintenance crews to pull the pumps to the top of the converted submersible wet well. • The depth of the existing dry well and wet well manholes, and the influent pipe elevations, would not allow for the pumps to be submerged. Therefore, we suggest utilizing one of the Improvement Concepts below. IMPROVEMENT CONCEPT A Improvement Concept A consists of the existing dry well being removed in its entirety and replaced with a deeper manhole that would house two Flygt or equal submersible pumps. The new manhole would be approximately 37 feet deep. The existing pipes from the existing upstream manhole would be abandoned and replaced with a single influent pipe. During construction, sewage would be bypassed around the existing dry well to a newly installed bypass connection in the bypass manhole. IMPROVEMENT CONCEPT B Improvement Concept B consists of the existing wet well being converted into the new lift station. In this concept, a Smith and Loveless Tip -up Hood pump system would be installed atop of the wet well manhole and the existing dry well would be abandoned or converted into a bypass manhole. Much of this work could be performed while the existing pumps are in operation. BYPASS MANHOLE AND SITE CONCEPTS The existing bypass manhole that is located in the street would have the piping removed and replaced with suitable bypass valves and a bypass tap to allow the city to bypass the wet well during future maintenance. Traffic control in this location will be required during the work. A new control panel and telemetry will be incorporated into the design, and an emergency generator connection port should be included. Bollards will surround the site to prevent damage from vehicles. The finished site will be graded and seeded following the construction of the lift station components. Scope of Proposed Services 1. PROJECT MANAGEMENT Objective: Manage the project from the kickoff meeting through the development of record drawings and project closeout. Scope: Sambatek's project manager will coordinate meetings, manage the schedule, provide quality control of deliverables, manage the budget and invoices to the city, assist during advertising and bidding, coordinate construction activities, assist with startup of the lift station system, and coordinate record drawings and project closeout. Deliverables: Meeting minutes, invoices, draft, and final deliverables. City of Stillwater August 14, 2023 2. PRELIMINARY DESIGN Objective: Perform a preliminary design of the improvements that will result in a final design plan for the Maryknoll Lift Station. Scope: Sambatek's preliminary design will involve the determination of pumping capacity and the total discharge head of the new pumping system. Pump station improvements will be developed to determine the city's needs for the new system. The two concepts presented above will be considered. A final preliminary design concept will be agreed upon by Sambatek and the city. Deliverables: A draft preliminary design report, meeting minutes from the preliminary design report review meeting, and a final preliminary design report. 3. FINAL DESIGN AND BIDDING Objective: The development of final design drawings, specifications, and advertisement of the Maryknoll Lift Station Upgrade. The final design of the lift station will be based on the results of the agreed -upon preliminary design. Scope: Sambatek will develop 60 percent and final design packages for the city to review. Both design packages will include an engineer's opinion of probable cost (EOPC or cost estimate) to construct the improvements. During the development of both design packages, Sambatk will coordinate with the city's controls integrator, Telemetry and Process Controls, Inc. Sambatek will coordinate the necessary local and state -required permits. Also included in the design will be the process, structural, mechanical, electrical, and control design drawings. It is anticipated that the design will require about 12 drawings for a complete set including demolition of the existing system, site layouts, traffic control, bypass pumping, and improvement drawings. Final design documents will be developed for advertisement and bidding. Bidding assistance will be provided by Sambatek. Assistance during bidding will involve coordination of a pre -bid meeting, answering questions from interested bidders, development of an addendum (if needed), and opening and review of bids with the city to select the low -bid contractor. Sambatek can, if needed, host the bids electronically through QuestCDN. Deliverables: Sambatek's deliverables will include review sets at 60 percent and final timelines. The review sets will include drawings, specifications, EOPC's, front-end documents, and a draft and final advertisement. Final stamped drawings will be submitted to the city and regulatory agencies. 4. CONSTRUCTION ADMINISTRATION Objective: To assist the city in administering the construction of the Maryknoll Lift Station upgrade. To assist in the startup of the finished system and to close out the project. Scope: Sambatek will coordinate a pre -construction meeting with the City of Stillwater. An agenda and minutes will be provided to the city and selected contractor. During construction, we will review submittals, RFI's, and develop change orders if necessary. Periodic inspection will be performed. We assume inspection will be required during important construction activities (excavation, equipment installation, etc.). During inspection we will meet with the contractor to discuss the project. Sambatek will be present at the startup of the lift station near the conclusion of construction. Following construction, record drawings will be received from the contractor and will be developed into a record set for the city. Deliverables: Pre -construction agenda and minutes, all approved submittals, RFIs, and change orders, startup documentation, and record drawings. City of Stillwater August 14, 2023 Proposed Fee Compensation for the services noted above will be hourly according to the attached fee schedule. For budgeting purposes, an approximate estimate for our services follows: 1 co 10 CL CL $ 50 Project $ 2,375 Management Preliminary Design 2 6 30 40 12 $ 50 $ 2,000 $ 15,700 Final Design/ 2 8 30 40 $ 50 $ 3,000 $ 15,380 Bidding Construction 8 8 8 $ 1,000 $ 1,000 $ 6,040 Assistance Project Closeout 2 8 6 6 $ 250 $ 4,150 Hours 7 40 74 94 12 Rate/Hour $ 225 $ 210 $ 160 $ 135 $ 145 Total $ 1,575 $ 8,400 $ 11,840 $ 12,690 $ 1,740 $ 1,150 $ 6,250 Total Fees Timeframe $ 43,645 Sambatek anticipates a design schedule of five months, with two months required for preliminary design and three months for final design. This would allow for the project to be bid in early spring 2024 and constructed through the summer with closeout in fall 2024. Below is the projected preliminary schedule of major tasks for the proposed project. TASK DURATION (MONTHS) 1 1 2 3 4 5 6 7 8 9 10 11 12 Project Management x x x x x x x x x x x x Preliminary Design x x Final Design/Bidding x x x x Construction Assistance x x x x x x x x x Project Closeout x City of Stillwater August 14, 2023 Our fee proposal assumes that all services are to be completed in 12 months. Should the project extend beyond the proposed timeframe, an annual increase of five percent will be added for all incomplete services. The project phase budgets will be increased by five percent for the remaining services to align with the increased bill rates. supplemental Services The following services are expressly excluded from this proposal but can be added by contract amendment if needed: • ALTA Survey • Certified List of Property Owners • Construction Observation • Construction Staking • Cost Estimates • Environmental Studies and Permitting • Foundation Landscape Plans • Full -Color or Presentation Graphics • Landscape/Hardscape Amenity Areas • Off -Site Road and/or Utility Improvements • Operation and Maintenance Plan for Stormwater Management System • Phase I Environmental Site Assessment • Piling Design for Buildings or Utilities • Punchlist or Final Inspection Services • Record Plans • Retaining Wall Design. Horizontal wall location and top and bottom elevation of wall will be shown on Grading Plan. Structural Design to be provided by others. • Revisions requested by owner or architect following the approved Preliminary Site Plan. • Right -of -Way and Easement Vacation Descriptions and Exhibit • Sanitary Sewer Lift Station • Site Grading Earthwork Analysis • Site Irrigation Plan • Site Lighting Plans for Construction • Small Utility Plan, including Administration/Coordination • Specification Book • Stair and Handrail Plan and Details • Traffic Studies/Signal Design • Tree Inventory and Replacement Plan • Water Booster Pump System • Wetland Delineation/Wetland Mitigation Plan Reimbursable Expenses Reimbursable expenses, including but not limited to mileage, filing fees, and outside reproduction of graphics, will be reimbursed at actual cost plus 10 percent. City of Stillwater August 14, 2023 Thank You If our proposal is acceptable, please execute the enclosed Professional Services Agreement and return the original copy to Sambatek before the commencement of our work. We appreciate this opportunity to provide our professional services. Sambatek, LLC has the experience, resources, and expertise required to help the City of Stillwater achieve its goals for the site. We look forward to a successful relationship with our commitment to service, quality, and client advocacy. City of Stillwater August 14, 2023 Exhibit A: Project Experience LIFT STATION NO. 4 REHABILITATION Client: City of Brooklyn Center Location: Brooklyn Center, MN Completed: 2023 Services Provided: Plans and Specifications, Project Management, Construction Administration, Construction Inspection, Cost Estimating, and Bidding Reference: Mr. Mike Weber, City of Brooklyn Center, Minnesota, Public Utilities Supervisor, (763) 585-7100 Brooklyn Center's Lift Station No. 4 was constructed over 30 years ago and started to show signs of deterioration. Sambatek designed a complete rehabilitation of the existing wastewater Lift Station No. 4. The rehabilitation design consisted of recoating the precast concrete wetwell with high- performance epoxy, replacing the two-3 hp 150 gpm submersible wastewater pumps in kind, replacing the four -inch ductile iron piping, valves, and fittings, replacing the control panel, and replacing about 440 square feet of the concrete apron. The project also Cover sheet of Sambotek's Lift Station No. 4 design for the City of included temporary wastewater conveyance Brooklyn Center. and traffic control. The main challenges encountered were the accelerated timeline to have this project bid in late summer 2022, and tight site constraints with the lift station site wedged between residences. Sambatek worked closely with City staff to execute an approach with focused tasks to meet the late summer bidding schedule. The successful bid was less than the Engineer's Estimate. Sambatek performed periodic inspection during design. Design tasks included review of submittals, RFIs, monthly construction meetings, and administrative construction duties. At the end of the construction phase, Sambatek assisted with the startup of the station which involved verification of the wiring and programming of the control panel, witnessing the two pumps being bumped to check for proper rotation before being installed in the lift station, and verification of proper pump function. After verifying that each pump worked properly, Sambatek worked with the contractor to determine proper set limits on the high and low floats. Following installation, the systems integrator and the pump manufacturer trained city staff on the use and maintenance of the pumps and the use of the control panel and programming. High Strength Epoxy Coating of the exiting wet well will extend the system's life for an additional 20-years. City of Stillwater August 14, 2023 2023 LIFT STATION IMPROVEMENTS Client: City of Eden Prairie, MN Location: Various Locations in Eden Prairie, MN Completed: Design 2023; Construction 2024 Services Provided: Plans and Specifications, Project Management, Construction Administration, Construction Inspection, Cost Estimating, and Bidding Reference: Mr. Rick Wahlen, City of Eden Prairie, Minnesota, Utilities Operations Manager, rwahlen@edenprarie.ora, (952) 949-8530 Sambatek has an existing contract to design CITY OF the rehabilitation of four sanitary lift stations n . * EDEN PRAIRIE, MN for the City of Eden Prairie, Minnesota. The �`�Z '"2� "�• o LIFT STATION IMPROVEMENTS BASE BID: LS NO. 1(TOPVIEW), four lift stations have design flows that range �� AI ALT BID: LS NO. 11 (RED OAK), BASE BID: LS NO. 13(RILEY CREEK), from 100 gpm to 400 gpm. All lift stations are -1Y - r --•. ALT BID: LSNO. 15(SUMMERFIELD) duplex submersible lift stations with valve CRY PROIECr NO. 16713OR-33 vaults. The design of the four stations was *-• • completed in August 2023. The initial phase of •T the project was the preliminary design phase, where Sambatek worked with the city to develop a conceptual design for improvements at each of the four stations. Sambatek also assisted the city in procuring control panels so Sambatek recently completed the design of rehabilitation on four that the project schedule could be accelerated. sanitary lift station for the city of Eden Prairie. The project was hosted by Sambatek on Quest CDN during the advertising and bidding phase of the work. A general description of the design upgrades is provided below: • Recoat wet wells and repaint high-level warning diamond • Replace duplex submersible pumps and guide rails in kind • Reseal valve vaults to make watertight • Replace valves and piping inside the wet wells and valve vaults • Excavate and replace piping within roadway areas • Replace pump control panels, instrumentation, and controls • Replace electrical conduit in roadway • Replace wet well and valve vault top slabs and hatches with solid covers • Replace pipe supports • Blast and recoat vent piping • Replace light poles at each location with one taller for improved radio communication • Extend concrete apron from control panel to curb at two of the locations • Minor site improvements and tree trimming • New submersible level transducers and new wetwell float switches • Preselect new control panels with touch screen operator interface terminal mounted on the front door to display pump run and alarm information and wet well level information. Substantial and final construction completion is scheduled for Spring and Summer 2024. During design, Sambatek is working with the city to manage the contractor, review submittals, perform periodic inspection of the work, review RFIs, and develop change orders, if necessary. LS No. 1 - The existing control panel was replaced with a preselected panel to accelerate the construction schedule. City of Stillwater August 14, 2023 Exhibit B: Key Personnel Bios Mike Nielson, PE I Principal -in -Charge and Quality Manager 136 Yrs Exp Mike is a professional engineer with over 30 years of experience working with cities throughout the state both as a staff engineer and a consulting engineer. Mike's city engineering experience positions him well to lead the coordinated efforts with the cities to get the needed utility infrastructure in place in conjunction with this project. Mike excels at presenting complex projects to various stakeholders in a manner that is understandable and can handle the sometimes -uncomfortable conversations that may arise during these discussions. As a former city council member with 30 plus years' experience as a city engineer, Mike is familiar with the processes of planning for future utility extensions and how to fund these types of projects including the use of the State Transportation Revolving Loan Fund a mechanism for cities to pay for improvements related to a county led project. Rob O'Connell, PE I Senior Project Manager 125 Yrs Exp Rob has over 25 years of experience providing engineering design and client service to municipal facility, water, and wastewater clients throughout the United States. His experience includes serving as program manager on multi -phased improvements at wastewater treatment facilities, manufacturing facility upgrades, planning and design of large diameter conveyance systems, coordination of multiple architectural and engineering teams, trenchless rehabilitation of large diameter sewers, design and rehabilitation of lift stations and meter stations, inflow and infiltration modeling, the development of long term control plans for combined sewer systems, sewer system facility planning, water and wastewater master planning, and the planning and design of wastewater treatment rehabilitation. Josh Koopman, PE I Senior Project Engineer 16 Yrs Exp Josh has more than six years of experience working on technical reports for clients, including site inspection reports, water system studies, and facility plans. He develops construction plans and specifications from preliminary design through bid and construction. Josh also assists in the drafting and designing of various municipal projects, including pump stations, drinking water well, and wastewater treatment facility upgrades. Kinsey Kump, EIT I Project Engineer 12 Yrs Exp Kinsey has more than two years of experience in water/wastewater. Her experience includes working on wastewater treatment facilities and water distribution systems, among other projects. City of Stillwater August 14, 2023 Aaron Miller, PE, LEED AP, WELL AP I Electrical and Controls 120 Yrs Exp (Design Tree Engineering) With over 20 years of experience, Aaron specializes in the electrical design of SCADA k; systems and water/wastewater facilities. His experience at a young age as an II M' electrical contractor, then a control systems integrator designer, has given him valuable experience for this industry. Aaron's responsibilities as an engineer include projects such as water and wastewater systems, SCADA systems, power distribution design, standby power systems, lighting designs, pathways and roadways, Arc flash surveys, power quality studies, product research, specification preparation, quality assurance, and construction administration. His experience ranges with a variety of projects involving existing building improvements and new construction. i water THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Contract Agreement for Marylane Drainage Project BACKGROUND After the completion of the Marylane Meadows development, over the past two years there has been an issue with water pooling at the back of a few properties, especially in spring when snow melts and heavy rains. Staff sent requests for bids to install a pipe in the low area (between 8301 and 8313 Marylane Ave. N) and connect to an existing Storm structure (between 1318 and 1324 Macey Court). We received two bids to do the work: Midstate Landscaping and Excavation, LLC. $45,045 Miller Excavating Inc. $70,107 RECOMMENDATION Staff recommends approving the Agreement for work on the Marylane Drainage Project with Midstate Landscaping and Excavation, LLC. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH MIDSTATE LANDSCAPING AND EXCAVATING, LLC FOR WORK ON MARYLANE DRAINAGE PROJECT. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 5th day of September, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Midstate Landscaping and Excavating, LLC., 5750 Memorial Ave N, Oak Park Heights, 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; Marylane Drainage Project 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 8/17/23, 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 Reabar Abdullah 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 Jason Anderson 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 Midstate Landscaping and Excavating, LLC. 216 4th Street North 5750 Memorial Ave N Stillwater, MN 55082 Oak Park Heights, MN 55082 Attention: Reabar Abdullah Attention: Jason Anderson Or e-mailed: rbdullah@stillwatermn.gov Or emailed: jason@midstateexcavatingmn.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 Midstate Landscaping and Excavating, LLC. By: By (Please Print): Title (Please Print): Project Description: Marylane Drainage Project j I 1w a �apwv wltO'PaNk W a Marylane Drainage City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-430-8830 Engineering Department 651-275-4112 Fax Item # Item Units Quantity Unit Price Amount 1 MOBILIZATION EA 1 C Lxv . oe d , W 2 CLEARING AND GRUBBING TREES (W-6" DIAMETER) SY 300 o.d(7 i5 j2,ocO.00 3 REMOVE TREE (6"-12" DIAMETER) EA 7 $ Z6.a0 cl.Ip l3.OG 4 REMOVE TREE (12"+ DIAMETER) EA 1 1 99ib-00 1150•00 5 10" PVC PIPE SEWER (ALL DEPTHS) LF 174 51.Oo $ 6 27" ROUND CATCH BASIN (0-5' DEPTH) EA 2 (-roo •CO $ 3LIOD -C 7 FURNISH AND INSTALL 27" ROUND BEEHIVE CASTING (NEENAH R 2561 OR EQUAL) EA 2 8 CONNECT TO EXISTING DRAINGAE STRUCTURE EA 1 Zi15U.co Z�15v-CO 9 INLET PROTECTION EA 1 Z 0 . cp Z( 0, CO 10 INATIVE SEEDING MIXTURE SY 300 1315%: 8S O, e0 11 SILT FENCE LF 400 iri O(J • G C GRAND TOTAL (BASIS OF AWARD) -'s yS t 05LI -Z Bids must be received at the City Hall no later than 2:00 pm on THURSDAY AUG. 17, 2023 Bids may be submitted by mail, email, fax or in person to City Hall at above address, Attn: Reabar Abdullah Responsible Contractor Verification and Certification must be submitted with the Bid Bids should be labeled: Marylane Drainage Project 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 bid prior to bid due date. Questions contact Reabar Abdullah at 651-430-8834 or rabdullah@ci.stillwater.mn.us or Dillon McClung at 651-430-8833 or dmcclung@ci.stillwater.mn.us The City reserves the right to add or subtract quantities IC 134 must be submitted prior to final payment The City anticipates the work be done on or before October 31, 2023 Date: p 117 I 7-0-Z 3 Company Name: µ ljbji kTE LA NS3->L4f 1 0 tr +- & X C'q VAr1 P1&' 1 ..- Print Name: 30-s4 N 6�0-5(2 ✓I Address: '5 750 t A Et A 6 V E A) Signature: Title: �L't1N[it- Phone: 3LAz +- +o jyZ Email Address: 4Qxyk,® j A I ( 44C P-A C av ei ri1 n . eo:v\ ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECTTITLE: MAMLAOf_ DJ2A%K)(*6F_ Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;" Rev. 11-13-2014 Page 1 of 6 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181,723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). j Minn, Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Rev. 11-13-2014 Page 2 of 6 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) 1 have included Attachment A-1 with my company's solicitation response, and 3) if m,y,ompany is awarded a contract, I will also submit Attachment A-2 as required. Auth rize na ure of Owner or Officer: Printed Name: Title: Date: 0 8� 1-7- Company Name: M %C% Srh t' - L P OS rip � A16 t- r xcr4vMi'iA�6, E NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) if only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. Rev. 11-13-2014 Page 3 of 6 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE; �A fir.y [a4r r, Minn. Stat. § 16C.285, Subd, 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. ,.. FIRST TIER SUBCONTRACTOR NAMES I Name of city where company (Legal name of company as registered with the Secretary of State) home office is located Rev. 11-13-2014 Page 4 of-6 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECTTITLE; Akz*�AN%, Dt-kiWA69 This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.... ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) I home office is located W Rev. 11-13-2014 Page 5 of 6 �1 Water T H E BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Proposed Parking Lot Lease with Manitou Fund BACKGROUND From 2005-2021, the City had a lease with the Zephyr Theater to allow the Zephyr to use the City's parking lot on the north side of the Zephyr building. Basic terms of the old lease were as follows: 1. $1 2. An indefinite term 3. Exclusive use for Zephyr parking. City's use was limited to law enforcement purposes only. The Manitou Fund has now purchased the property and is leasing it to River Grove School for a K-6 elementary school, which will open this fall. The City approved an IUP for the use of the property as a school as well as for the Zephyr Theatre for performances, for up to 2 years (through July 31, 2025). One of the conditions of approval was for a bus drop off/pick up zone to be located in the north parking lot, as it was determined to be the safest place to avoid the intersection of parent drop-off and bus drop-off zones. Therefore, the use of the north parking lot requires a new lease agreement. (A depiction of the bus zones as well as a copy of the IUP are attached) The parking lot is in poor shape. It was proposed that in lieu of a lease payment, Manitou would improve the parking lot up to the City's specifications. The first estimate for the improvements was over $100,000. The contractor has since discussed with the City Engineer the scope of work that is necessary to make the parking lot usable and they have mutually agreed upon the appropriate level of improvements. (the proposal from the contractor is attached) While Lumberjack Landing is a priority project, realistically, the parking lot will not be constructed in the next four years, but there are provisions to amend the lease if the project comes to fruition more quickly. Originally, Manitou had originally requested an exclusive 15-year lease. After meeting with the Council in July, however, they have scaled back their request to the following terms: 1. Term: Four Years (with option to extend for an additional 2 years) 2. Extension Option: If Manitou elects to extend the Term for 2 years, the City shall have ten (10) business days to accept or reject the extension. If Manitou chooses not to extend the term or the City rejects the extension, the City shall reimburse Manitou for 30% of the cost of the parking lot improvements. 3. Exclusive Use: Manitou shall have exclusive use of the Parking Lot ONLY from 5:00 am to 5:00 pm on school days. At all other times, it may be used by the public on a first -come, first -served basis. 4. Maintenance: The City shall be responsible for maintaining and repairing the lot (except for damage by Manitou and except for snow removal). If we are unable to reach an agreement on lease terms, Manitou will be required to amend the IUP and find an alternative solution to its bus drop off/pick up zone. Representatives from Manitou will be present to discuss lease terms. ACTION REQUESTED Approve Parking Lease Agreement with the Manitou Fund ATTACHMENTS Depiction of Drop off/Pick Up Loading Zones Parking Lease Agreement Approved IUP Parking Lot Improvement Proposal from Market & Johnson l rn C 0 N 0) 0 M 0 J Y U O 0- 0 L— r) EXISTING PARKING LOT TO THE NORTH (SEE INSET BELOW) TO BE IMPROVED AND RESERVED FOR ALTERNATIVE BUS DROP-OFF/PICK-LIP PARKING AND STUDENT DROP-OFFIPICK-UP VEHICLE OVERFLOW STUDENTS SHALL BE DROPPED-OFFIPICKED-UP IN THE DESIGNATED AREA ONLY. STUDENTS WILL NOT BE DRO PPEO-OFFIPIC KED-UP THROUGHOUT THE SITE. E.4,MSkNn641BtN AV. (IWKRM1Ini u�rr pviwrr),OF��Oxpp �W .nuuii.t.+N�:c: �../�xex Ww�ic { 4rrWYenu /I pm[VMIn — rm� - - - - - - - 1 SCL STAFF tiQ• i..-II. i IV DI!#ECTINGTRAFFIC \�— mmxemen.xo — �miwcam.nFro�.w — 2 SITE PLAN SCHOOL STAFF SCHOOL STAFF DIRECTING DIRECTING TRAFFIC TRAFFIC TO KEEP TRAFFIC FROM BLOCKING SHARED ROADWAY EXISTING PARKING LOT TO THE NORTH TO BE IMPROVED AND RESERVED FOR ALTERNATIVE BUS DROP-OFF/PICK-UP PARKING AND STUDENT DROP-0FFIPICK-UP VEHICLE OVERFLOW �` School Drop-OfflPick-Up Configuration Concept Alternative B (Amended) RF River Grave School Traffic Impact Study 015774 May 2023 Man itou Fund 104 of Stillwater fpiaeO,wbM6 STUDENT DROP-OFFIPICK-UP VEHICLE QUEUE (25 VEHICLES) Figure B PARKING LEASE AGREEMENT THIS PARKING LEASE AGREEMENT ("Agreement") entered into this day of , 2023, ("Effective Date") by and between the City of Stillwater, a Minnesota municipal corporation (the "City"), and Manitou Fund, a Minnesota nonprofit corporation ("Lessee"). RECITALS WHEREAS, the City is the owner of real property located in the City of Stillwater, County of Washington, State of Minnesota, legally described on Exhibit A (the "City Property"), attached hereto and incorporated herein by reference; and WHEREAS, Lessee is the owner of real property located in the City of Stillwater, County of Washington, State of Minnesota, legally described on Exhibit B ("Lessee's Property"), attached hereto and incorporated herein by reference; and WHEREAS, Lessee as of the Effective Date leases Lessee's Property as a K-6 elementary school, as well as for special events and would prefer to provide additional parking on Lessee's Property for such uses; WHEREAS, the Lessee desires to lease the portion of the City Property approximately described and depicted on Exhibit C for a parking lot (the "Leased Premises"), attached hereto and incorporated herein by reference, for the benefit of Lessee's Property. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Use. A. Subject to the terms and upon the conditions set forth in this Agreement, the City, its successors and assigns, hereby grants Lessee and its tenants, invitees, contractors, agents and employees (collectively, the "Lessee Parties") exclusive use of the Leased Premises for vehicular ingress and egress, short-term (less than 24 hours) vehicular parking and parking - related uses in the course of the business operated on the Lessee's Property, including without limitation student bus or parent loading or unloading, from 5:00 am to 5:00 pm on days in which school is in session on Lessee's Property (collectively, "School Days"). B. Lessee will not use the Leased Premises for the storage for school buses, recreational vehicles, semi -trailer trucks or any other vehicles of any kind. C. The driveways and drive aisles used for vehicular ingress and egress located within the Leased Premises shall be kept open, and no one shall permit any 4887-1307-7608\5 vehicle to be parked or any obstruction of any kind to exist in said driveways or drive aisles which will in any way prevent or obstruct vehicular traffic or parking on the Leased Premises, subject only to necessary utility work within utility easements, or parking lot maintenance and repair. D. At all other times other than 5:00 am to 5:00 pm on School Days, the Leased Premises shall be available non -exclusively for public parking on a first come, first served basis. In no instance shall the City market the Leased Premises as public parking, including, without limitation, publicizing the Leased Premises' location on city websites or brochures. Lessee shall have the right to immediately remove signage placed on or near the Leased Premises in violation of this Lease. Notwithstanding anything to the contrary, Lessee may prohibit public parking, by use of signage, parking attendant(s), or other reasonable means, on School Days. In no event shall public parking interfere with student bus or parent loading or unloading. In the event a vehicle parks on the Leased Premises in violation of the terms of this Lease, Lessee may (i) sticker the vehicle, (ii) arrange for the vehicle to be towed, or (iii) take such other reasonable steps so as to have the violating vehicle removed from the Leased Premises (collectively, "Lessee's Self -Help Remedies"). The City hereby releases Lessee from any liability resulting from its exercise of Lessee's Self -Help Remedies. E. City shall be permitted to use the Leased Premises at any time for law enforcement purposes and for special events upon written consent of Lessee. 2 Rent. Lessee shall pay rent to City during the Initial Term and the Extension Term (as applicable) of this Agreement in the amount of $1. 3. Construction. City and Lessee acknowledge and agree that as of the Effective Date the parking lot requires repair. As consideration for the benefits conferred by this Lease, Lessee shall, at its sole expense, make parking lot repairs and improvements to the Leased Premises as generally described on Exhibit D, to the reasonable satisfaction of the City and pursuant to plans approved by and on file with the City (the "Parking Lot Improvements"). 4 Maintenance. A. The City shall, at its sole expense, be responsible for the maintenance and repair of the Leased Premises, except for damage resulting from the gross negligence or willful misconduct of Lessee, its tenants, and/or invitees. The City shall maintain in good order and repair the structural elements and 2 4887-1307-7608\5 surfaces of the driveways and parking areas located upon the Leased Premises. B. The City shall keep the Leased Premises clear of dirt, trash, and other debris. Lessee shall clear the Leased Premises of snow and ice in a timely manner. Failure to comply with this section within 24 hours of each snowfall or ice event shall result in the City performing the removal and charging the costs to Lessee. 5. Insurance. Lessee shall maintain commercial general liability insurance, naming the City as an additional insured in an amount equal to at least $300,000 per person and $1,500,000 per occurrence. 6 City Indemnity. The City hereby indemnifies, defends and holds Lessee and its employees, agents, insurers and assigns harmless from and against all claims, actions, costs (including without limitation reasonable attorneys' fees and costs and witnesses' fees and costs) or damages of every kind and description (including without limitation claims for property damage or personal injury), fees, judgments, expenses, liabilities, liens, and suits, known or unknown, liquidated or unliquidated, which accrue to or are suffered by any person or property resulting from i) the negligence or willful misconduct of the City, its employees, contractors, agents, and invitees (including members of the public) (collectively, the "City Indemnifying Parties") or ii) any action by the City Indemnifying Parties in violation of the terms of this Agreement. 7. Lessee Indemnity. Lessee hereby indemnifies, defends and holds the other party and its employees, agents, insurers and assigns harmless from and against all claims, actions, costs (including without limitation reasonable attorneys' fees and costs and witnesses' fees and costs) or damages of every kind and description (including without limitation claims for property damage or personal injury), fees, judgments, expenses, liabilities, liens, and suits, known or unknown, liquidated or unliquidated, which accrue to or are suffered by any person or property resulting from i) the negligence or willful misconduct of Lessee, its employees, contractors, agents, and invitees (collectively, the "Lessee Indemnifying Parties") or ii) any action by the Lessee Indemnifying Parties in violation of the terms of this Agreement. 8. Term. The Initial Term of this Agreement shall commence on the Effective Date and expire four (4) years thereafter ("Initial Term"). 9. Extension Option. Two (2) months before the expiration of the Initial Term, Lessee shall provide notice to the City of its election to extend or not to extend the term of this Lease for an additional (2) years (the "Extension Term"). If Lessee elects to extend the term of this Lease for the Extension Term, the City shall have ten (10) business days to accept or reject the extension. In the event (i) Lessee elects not to extend the term of this Lease for the Extension Term or (ii) the City rejects Lessee's election to extend the term of this Lease for the Extension Term, the City shall reimburse Lessee thirty percent (30%) of the total cost of the Parking Lot Improvements. 10 Events of Termination. Except as otherwise provided herein, this Agreement may be terminated by either party upon written notice to the other party as follows: 3 4887-1307-7608\5 A. By either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default to the other parry (without, however, limiting any other rights of the parties pursuant to any other provision hereof); or B. By Lessee for cause if the Leased Premises are or become unnecessary due to circumstances surrounding Lessee's business use on Lessee's Property so that the parking lot is no longer needed. 11. Lumberjack Landing. The City and Lessee agree to consider commercially reasonable revisions to this Lease in connection with the future planned development of Lumberjack Landing. 12 Failure to Perform. If Lessee shall fail to perform any duty or obligation imposed upon it under this Agreement, and, except as provided in Section 4. B, if such failure shall continue uncured for a period of ten (10) days following written notice thereof to Lessee from the City, then the City may, in its discretion, take such action as it may elect to perform such duty or obligation, in which event all amounts expended by the City in that connection shall be due and payable to the City from Lessee upon demand. 13. Assignment. _ A. This Agreement may be assigned by the Lessee without the consent of the City if the assignment (i) is made to a wholly owned subsidiary of Lessee or by the Lessee as part of a sale or transfer of Lessee's Property and (ii) the transferee uses the Leased Premises in substantially the same manner as the Lessee and is subject to the conditions of use set forth in this Agreement. Lessee shall provide the City with 30 days' advanced written notice of such assignment. B. In all other circumstances, this Agreement shall not be assignable without the written consent of the other parry. 14. Notices. All notices provided herein shall be effective when personally served or upon mailing, postage prepaid, certified mail, return receipt requested or overnight courier to the following addresses or to such other address as either party may designate: To the City: City of Stillwater Attn: City Administrator 216 North Fourth Street Stillwater, MN 55082 To the Lessee: Manitou Fund Attn: Oliver Din 4801 Highway 61, Suite 310 White Bear Lake, MN 55110 4 4887-1307-7608\5 15. Prohibited Activities. The following activities are prohibited by members of the public on the Leased Premises: i) tailgating (including consumption of alcohol and intoxicating substances), ii) loitering, iii) overnight parking, iv) possession of firearms and weapons, v) activities in violation of local, state or federal law, and vi) activities that pose an unreasonable risk to the Leased Premises or other members of the public. All public vehicles parked on the Leased Premises shall be validly registered, plated, and street -legal. 16. Memorandum. The City and Lessee shall execute and Lessee shall record in the real property records for the City Property and the Lessee's Property at Lessee's cost a recordable memorandum of this Agreement in the form attached hereto as Exhibit E. 17. Hazardous Materials. The City has no actual knowledge that any chemical or item that is a risk to public safety or the environment ("Hazardous Materials") is located on the City Property. In the event Lessee discovers Hazardous Materials on the City Property after the Effective Date, which neither Lessee nor Lessee Parties were responsible for bringing to the City Property, Lessee shall promptly notify the City of such discovery and the City shall at its cost promptly remediate and otherwise address such Hazardous Materials in compliance with applicable law; provided, however, that if Lessee or Lessee Parties caused the Hazardous Materials to be brought to the City Property, Lessee shall be responsible for remediation in compliance with applicable law at its cost. The City will assume full responsibility and hold harmless Lessee from any and all claims resulting from the presence or release of Hazardous Materials on or from the City Property except to the extent Lessee or the Lessee Parties caused Hazardous Materials to be brought to the City Property. I& Surrender. Subject to the terms of this Agreement, on termination of this Agreement, the Lessee shall peaceably and quietly surrender the Leased Premises, and shall remove any fixtures and personal property, if any, from the Leased Premises. Personal property owned by Lessee and not so removed shall be deemed abandoned by and shall become the property of the City. 19. Payment Obligations. Lessee shall pay and discharge, before delinquency, all costs and expenses associated with any activities required of it under this Agreement. 20. Remedies Upon Breach. In the event of any breach by either party or its assigns hereunder, either party or its assigns shall have all remedies available at law or equity, including the right to damages. 21. Authority; Quiet Enjoyment. Each party represents and warrants to the other party that this Agreement does not require the joinder or approval of any other person and each of the parties respectfully has the full, unrestricted and exclusive legal right and power to enter into this Agreement upon the provisions herein recited and for the use and purposes hereinabove set forth. The City warrants that, provided Lessee has not defaulted under the terms of this Lease Agreement, Lessee shall have the peaceful possession and quiet enjoyment of the Leased Premises during the Initial Term. 5 4887-1307-7608\5 M Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota, County of Washington. Any legal action shall be venued in Washington County District Court. 23. Entire Agreement. This Agreement contains the entire agreement and understanding between the parties hereto as to the subject matter addressed herein, and supersedes all prior agreements and understandings, whether written or oral, between the parties hereto with regard to such subject matter. 24 Counterparts. This Agreement may be executed in any number of original counterparts, all of which evidence only one agreement, binding on all parties, even though all parties are not signatory to the same counterpart. [Remainder of this page intentionally left blank] 6 4887-1307-7608\5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER, a Minnesota municipal corporation M. Ted Kozlowski Mayor By: Beth Wolf City Clerk 7 4887-1307-7608\5 LESSEE: MANITOU FUND, a Minnesota nonprofit corporation I0 Name: Oliver Din Its: President 4887-1307-7608\5 EXHIBIT A LEGAL DESCRIPTION OF CITY PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: PARCEL 3 DESCRIPTION: All that part of Tract 2 as described on Certificate of Title Number #65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main street and the northerly line of Laurel Street, as shown on the plat of the original Town, now City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet to a point hereinafter referred to as "Point A"; thence northeasterly 209.25 feet along a non -tangential curve concave to the northwest, having a radius of 284.57 feet, a central angle of 42 degrees 07 minutes 50 seconds, the chord of said curve bears North 32 degrees 29 minutes 03 seconds East, to a point hereinafter referred to as "Point B"; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title 65 and the point of beginning of the parcel being described; thence South I I degrees 25 minutes 08 seconds West 35.93 feet, more or less, to the before described "Point B"; thence southwesterly along the before described 284.57 foot radius curve, 209.25 feet to the before described "Point A"; thence North 07 degrees 24 minutes 09 seconds East, not tangent to said curve, 130.50 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to said easterly line of Tract 2; thence southerly 395.12 feet along said easterly line on a non - tangential curve concave to the west, having a radius of 2801.27 feet, a central angle 08 degrees 04 minutes 54 seconds, the chord of said curve bears South 00 degrees 53 minutes 01 seconds West; thence South 04 degrees 55 minutes 28 seconds West, along tangent and along said easterly line 171.30 feet, more or less, to the point of beginning. Torrens Property PID: 28.030.20.11.0034 Certificate of Title No. 43639 A-1 4887-1307-7608\5 EXHIBIT B LEGAL DESCRIPTION OF LESSEE'S PROPERTY Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: Parcel 1: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the "ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21 , 1878"; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East along a line hereinafter referred to as "Line A" 18 feet to the point of beginning of the parcel being described ; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence northeasterly 209.25 feet along a non -tangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes 28 seconds West along said easterly line 635.47 feet; thence southerly 18.56 feet along said easterly line on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees 22 minutes 12 seconds, to said northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said northerly line 26.15 feet, more or less, to a point 124.00 feet easterly, as measured along said northerly line from said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds West along said easterly line of Tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said centerline 84.25 feet, more or less, to the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles, of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before described "Line A"; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to the point of beginning. Torrens Property, Certificate of Title No. 76312 Parcel 2: That part of Tract A described below: TRACT A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the B-1 4887-1307-7608\5 Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21 , 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet to the point of beginning of the parcel being described ; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 577.57 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 feet and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence northerly along said easterly line of Tract 2 to the most northerly corner thereof; thence southerly along the westerly line of said Tract 2 to the point of beginning; which lies westerly of a line run parallel with and distant 18 feet easterly of the westerly line of Tract A herein before described, and southerly of a line run parallel with and distant 447.07 feet northerly of the southerly line of said Tract A. Torrens Property, Certificate of Title No. 80190 B-2 4887-1307-7608\5 EXHIBIT C DESCRIPTION AND DEPICTION OF LEASED PREMISES Westwood Ei 1 "KER MANITOU FUND ZEPHYR THEATER LEASE AREA EXHIBIT o I PARKING AND ACCESS BIi E%HI N....oma99im TE 7/17JN23 All that part of Tract 2 as described on Certificate of Title Number #65, and delineated up on the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main street and the northerly line of Laurel Street, as shown on the plat of the "ORIGINAL TOWN, NOW CITY OF STILLWATER" AS AMENDED BY "MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER" dated May 21, 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East 15.00 feet; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet to a point hereinafter referred to as "Point A"; thence northeasterly 209.25 feet along a non - tangential curve concave to the northwest, having a radius of 284.57 feet, a central angle of 42 degrees 07 minutes 50 seconds, the chord of said curve bears North 32 degrees 29 minutes 03 seconds East, to a point hereinafter referred to as "Point B"; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, certificate of Title 65 and the point of beginning of the parcel being described; thence South 11 degrees 25 minutes 08 seconds West 35.93 feet, more or less, to the before described "Point B"; thence southwesterly along the before described 284.57 foot radius curve, 209.25 feet to the before described "Point A"; thence North 07 degrees 24 minutes 09 seconds East, not tangent to said curve, 130.50 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 4887-1307-7608\5 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to said easterly line of Tract 2; thence southerly 395.12 feet along said easterly line on a non -tangential curve concave to the west, having a radius of 2801.27 feet, a central angle 08 degrees 04 minutes 54 seconds, the chord of said curve bears south 00 degrees 53 minutes 01 seconds West; thence south 04 degrees 55 minutes 28 seconds west, along tangent and along said easterly line 171.30 feet, more or less, to the point of beginning. Lying South of the following described line and its easterly and westerly extensions: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the PLAT OF THE "ORIGINAL TOWN, NOW CITY OF STILLWATER" AS AMENDED BY "MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER"; thence North 09 degrees 23 minutes 04 seconds East, along said easterly line of Main Street a distance of 48.00 feet. thence South 80 degrees 36 minutes 56 seconds East a distance of 18.00 feet; thence North 08 degrees 11 minutes 05 seconds East a distance of 577.57 feet; thence North 09 degrees 27 minutes 17 seconds East a distance of 194.65 feet to the point of beginning of the line to be described; thence South 80 degrees 36 minutes 23 seconds East a distance of 80.79 feet, more or less to the easterly line of said Tract 2. 4887-1307-7608\5 EXHIBIT D PARKING LOT IMPROVEMENTS • Patching existing parking lot • Spray chip seal coating • Epoxy painting stripes • Keep light base/pole, replace with LED fixture 4887-1307-7608\5 EXHIBIT E MEMORANDUM OF AGREEMENT MEMORANDUM OF PARKING LEASE AGREEMENT THIS MEMORANDUM OF PARKING LEASE AGREEMENT (this "Memorandum"), is dated , 2023 (the "Effective Date"), by and between MANITOU FUND, a Minnesota nonprofit corporation ("Lessee"), and THE CITY OF STILLWATER, a municipal corporation of the State of Minnesota ("City"). RECITALS: A. City is the owner of land located in the City of Stillwater, County of Washington, State of Minnesota, as legally described on Exhibit A attached hereto (the "City Property"). B. Lessee is the owner of land located in the City of Stillwater, County of Washington, State of Minnesota, as legally described on Exhibit B attached hereto (the "Lessee's Property"). C. City and Lessee entered into that certain Parking Lease Agreement (the "Agreement") dated as of the Effective Date whereby Lessee leases from City a portion of the City Property (the "Leased Premises"). C. Unless otherwise expressly provided herein, all defined terms used in this Memorandum shall have the same meanings as are ascribed to such terms in the Agreement. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Initial Term. The Initial Term shall commence upon the Effective Date. The Initial Term is for four (4) years, subject to extension or earlier termination as described in the Agreement. Upon termination of the Agreement, City and Lessee shall execute a recordable termination thereof. 2. Incorporation of Other Terms. The Agreement contains other terms not herein set forth but which are incorporated by reference herein for all purposes, and this Memorandum is executed for the purpose of placing parties dealing with the City Property on notice of the 4887-1307-7608\5 existence of the Agreement and, where appropriate, its contents, and shall ratify and confirm all other terms of the Agreement as fully as if the same had been set forth herein. 3. Agreement to Control. This Memorandum is intended for recording purposes only, and does not modify, supersede, diminish, add to or change all or any of the terms of the Agreement in any respect. To the extent that the terms hereof are inconsistent with the terms of the Agreement, the terms of the Agreement shall control. 4. Counterparts. This Memorandum may be executed in one or more counterparts, each of which shall be deemed an original. [Remainder of Page Intentionally Left Blank.] 4887-1307-7608\5 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be executed as of the day and year first above written. CITY: CITY OF STILLWATER, a Minnesota municipal corporation 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. Notary Public 4887-1307-7608\5 LESSEE: MANITOU FUND, a Minnesota nonprofit corporation Printed Name: Oliver Din Its: President STATE OF MINNESOTA ) )ss. COUNTY OF ) On this day of 2023, before me personally appeared Oliver Din, the President of Manitou Fund, a Minnesota nonprofit corporation, on behalf of the nonprofit corporation. Notary Public THIS DOCUMENT WAS DRAFTED BY AND WHEN RECORDED RETURN TO: Dorsey & Whitney LLP (SMZ) 50 South Sixth Street Suite 1500 Minneapolis, MN 55402-1498 (612) 492-6576 4887-1307-7608\5 EXHIBIT A Legal Description of City PropertX Real property situated in Washington County, Minnesota, legally described as follows: PARCEL 3 DESCRIPTION: All that part of Tract 2 as described on Certificate of Title Number #65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main street and the northerly line of Laurel Street, as shown on the plat of the original Town, now City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet to a point hereinafter referred to as "Point A"; thence northeasterly 209.25 feet along a non -tangential curve concave to the northwest, having a radius of 284.57 feet, a central angle of 42 degrees 07 minutes 50 seconds, the chord of said curve bears North 32 degrees 29 minutes 03 seconds East, to a point hereinafter referred to as "Point B"; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title 65 and the point of beginning of the parcel being described; thence South 1 I degrees 25 minutes 08 seconds West 35.93 feet, more or less, to the before described "Point B' ; thence southwesterly along the before described 284.57 foot radius curve, 209.25 feet to the before described "Point A"; thence North 07 degrees 24 minutes 09 seconds East, not tangent to said curve, 130.50 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to said easterly line of Tract 2; thence southerly 395.12 feet along said easterly line on a non - tangential curve concave to the west, having a radius of 2801.27 feet, a central angle 08 degrees 04 minutes 54 seconds, the chord of said curve bears South 00 degrees 53 minutes 01 seconds West; thence South 04 degrees 55 minutes 28 seconds West, along tangent and along said easterly line 171.30 feet, more or less, to the point of beginning. Torrens Property PID: 28.030.20.11.0034 Certificate of Title No. 43639 4887-1307-7608\5 EXHIBIT B Legal Description of Lessee's PropertX Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: Parcel 1: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the "ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21 , 1878"; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East along a line hereinafter referred to as "Line A" 18 feet to the point of beginning of the parcel being described ; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence northeasterly 209.25 feet along a non -tangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes 28 seconds West along said easterly line 635.47 feet; thence southerly 18.56 feet along said easterly line on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees 22 minutes 12 seconds, to said northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said northerly line 26.15 feet, more or less, to a point 124.00 feet easterly, as measured along said northerly line from said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds West along said easterly line of Tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said centerline 84.25 feet, more or less, to the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles, of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before described "Line A"; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to the point of beginning. Torrens Property, Certificate of Title No. 76312 Parcel 2: That part of Tract A described below: TRACT A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated 4887-1307-7608\5 upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21 , 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet to the point of beginning of the parcel being described ; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 577.57 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 feet and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence northerly along said easterly line of Tract 2 to the most northerly corner thereof, thence southerly along the westerly line of said Tract 2 to the point of beginning; which lies westerly of a line run parallel with and distant 18 feet easterly of the westerly line of Tract A herein before described, and southerly of a line run parallel with and distant 447.07 feet northerly of the southerly line of said Tract A. Torrens Property, Certificate of Title No. 80190 4887-1307-7608\5 City of Stillwater Washington County, Minnesota RESOLUTION PC2023-19 RESOLUTION GRANTING AN INTERIM USE PERMIT FOR PROPERTY LOCATED AT 601 MAIN STREET NORTH IN THE CENTRAL BUSINESS DISTRICT TO OPERATE A K-6 SCHOOL, KNOWN AS RIVER GROVE SCHOOL, AND DETERMINE IT A USE DEEMED SIMILAR TO "SCHOOLS, BUSINESS AND TECHNICAL" (PROJECT NO. CD 2023-21) WHEREAS, the City of Stillwater received an application ("Application") for a conditional use permit from Manitou Fund ("Applicant"), requesting the ability to use the real property located at 601 Main Street North, legally described on Exhibit A (the "Property") for a Kindergarten through 6th Grade ("K-6") school; and WHEREAS, the Property is located in the Central Business District; and WHEREAS, a K-6 school is not a permitted use in the Central Business District; and WHREAS, elementary schools are allowed as either a Permitted use or Conditional use in the Low Density and Medium Density Residential Zoning Districts but are not expressly allowed in any commercial zoning district; and WHEREAS, "Schools, Business and technical" is a permitted use in the Central Business District; and WHEREAS, the Planning Commission has the authority to approve other uses not expressly allowed in the Central Business District if they are of the same general character as another use that is identified as an allowable use in the Central Business District; and WHEREAS, on April 28, 2023, the City determined the Application to be incomplete due to lack of a traffic impact study; and WHEREAS, on May 18, 2023, the City received the traffic impact study and deemed the Application complete as of that date; and WHEREAS, Applicant intends to lease the Property to River Grove School ("School") to operate a K-6 elementary school for a period of time while the School searches for a permanent location more suited for its environmental focus; and WHEREAS, Only a Dim Image, operating as the Zephyr Theatre, is selling the Property to the Applicant and had a Special Use Permit to operate as a commercial recreational center at the Property; and WHEREAS, the School has indicated it would like to allow the Zephyr Theatre to hold occasional performance events at the Property, so long as the events do not conflict with the School's activities; and WHEREAS, on May 12, 2023, the Applicant revised its application to remove the request for a Conditional Use Permit and instead requests an Interim Use Permit for the School to operate for up to four (4) years; and WHEREAS, on May 24, 2023, the Planning Commission held a Public Hearing and considered the application for an Interim Use Permit. WHEREAS, based on the information presented in the Planning Commission packet, as well as the reports and information presented at the hearing as well as the public testimony, the Planning Commission hereby makes the following: FINDINGS OF FACT 1. The use of the Property for a K-6 school for River Grove School is determined by the Planning Commission to be of the same general character to that of "Schools, business and technical," which is allowed as a permitted use in the Central Business District. 2. The use of a School at the Property will not impair the present or potential use of adjacent properties. 3. The use of a School conforms to the zoning regulations. 4. The date or event that will terminate the use can be identified with certainty as either the date the lease between River Grove School and the Applicant expires or July 31, 2025, whichever occurs first. 5. Permission of the use as a School will not impose additional costs on the City if it is necessary for the City to take the property in the future. 6. The Zephyr Theatre previously occupied the Property and utilized it to conduct performing arts events and was deemed to be a Commercial Recreational Center, which is allowed in the Central Business District as a Conditional Use. 7. The Zephyr's Conditional Use Permit is being rescinded as part of this Interim Use Permit since it will no longer own the Property and be the primary use. 8. The School has indicated it will allow the Zephyr Theatre to use the Property for occasional performing arts events. 9. Such occasional use by the Zephyr Theatre for performing arts events is considered to be incidental to the principal use of the Property as a School. 10. The Applicant has agreed in writing to all conditions that the Planning Commission deems appropriate for permission of the use as a School. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby grants an Interim Use Permit for the Property to allow River Grove School to operate a K-6 school as an "educational institution, school," a use determined to be similar to "Schools, business and technical," contingent upon the Conditions below. CONDITIONS 1. Term of IUP. a. The Interim Use Permit shall be coterminous with the School's lease with the Applicant or shall terminate on July 31, 2025, whichever occurs first. b. The Interim Use Permit shall terminate if there is any expansion of the School or intensification of the School's use without an amendment to this Interim Use Permit by the Planning Commission. c. The Interim Use Permit may terminate upon revocation by the City Council after notice and opportunity for hearing. 2 2. Maximum Number of Students. The maximum number of students enrolled in the School at any one time shall be 200. 3. Zephyr Theatre Use. Zephyr Theatre's use of the building would be coordinated with the Applicant and the School. The Zephyr Theatre events and School events shall not occur simultaneously or in such a manner as to cause traffic issues or public safety concerns on Main Street or with adjacent properties. This provision does not prohibit the Zephyr Theatre from conducting activities with the School customarily associated with K-6 educational programming limited to the students enrolled at the School. 4. School Use. The School may use the Property for River Grove School and its related activities year-round for those activities customarily associated with K-6 educational programming limited to the students enrolled at the School. a. School activities shall generally be conducted between the hours of 8 a.m. and 4 p.m. but the School building hours may be open between 7 a.m. and 10 P.M. b. No activity shall be permitted that unreasonably disturbs the peaceful enjoyment of adjacent properties. c. The School may have no more than 4 buses on the Property at any one time. The storage of school buses is not permitted on the Property. 5. Traffic Plan. The City approves of the Traffic Plan for queuing regarding drop off and pick up times, prepared by SRF Consulting Group, which is attached hereto as Exhibit B ("Traffic Plan"). If it is determined that a modification is needed to the Traffic Plan in order to enhance safety, the modified plan shall be reviewed and must be approved in writing by the Community Development Director. a. The Applicant shall require the School to educate the parents regarding the approved Traffic Plan and make all efforts to ensure parents comply with the Traffic Plan, including the assignment of School employees at various locations at School entrances and in the parking lot areas during drop off and pick up times, as well as during any events, to protect the safety of the students, parents, buses and other vehicles on the Property. b. If the Traffic Plan and queuing of vehicles interferes with traffic on Main Street or becomes an immediate threat to the public health, safety or general welfare, the City may take all measures necessary in consultation with the Applicant, including rerouting traffic, enlisting public safety personnel or any other means, at the cost of the Applicant, in order to protect public safety. c. Additional signage and controls may be required by the City, as determined by the Community Development Director, in order to preserve sightlines and public safety. d. MNDOT shall review and approve the proposed Traffic Plan. e. The Applicant shall demonstrate that buses can safely use the City's parking lot on the north side of the Property, as approved by City Staff. The 3 areas on the Traffic Plan where children will be present for bus drop off and pick up shall be separated and shall not intersect with parent drop off and pick up in such a manner that it would cause a danger to children or vehicles. 6. Parking Lot. If the south parking lot does not provide sufficient parking to meet the School's needs, as determined by the Community Development Director, the Applicant shall provide for an alternative off -site parking plan. In such case, the School shall provide written documentation to the City of the alternate off -site parking plan, which may include, but is not limited to, the Applicant entering into a lease with the City for use of the parking lot located immediately adjacent to and north of the Property. 7. Outdoor Events. No outdoor events that draw crowds shall be allowed by the School or by Zephyr Theatre without a Special Event Permit or Interim Use Permit from the City. 8. Rescission of the Prior Planning Approvals. The following planning resolutions that were previously approved for the Property by the City are hereby rescinded and terminated and are of no further force and effect: a. CPC 1988-3 (IUP Temporary kitchen) b. CPC 1994-25 (SUP trolley system) c. CPC 2003-23 (SUP for restaurant and Variance for parking) d. HPC 2003-13, HPC 2003-66, CPC 2003-95 (Sign variance for canopy sign — denied) e. HPC 2016-6 (Design permit for addition to the structure - lapsed) f. CPC 2016-12 (SUP for expansion to structure - lapsed) g. CPC 2021-31 (Special Event Permit for outdoor performances — Zephyr) h. CPC 2022-54 (IUP for outdoor events — terminates with sale of property) 9. Other Provisions. a. The Property shall be properly maintained, free of refuse, garbage and debris. b. Exterior lighting shall be for security purposes and shall be downcast in style. c. The Property shall not be subleased to any other user without an amendment to this Interim Use Permit. d. Any violation of the above conditions or of the Stillwater City Code may result in the revocation of the Interim Use Permit. Adopted by the City Planning Commission this 24th day of May, 2023. CITY��OF STILLWATER /-/ Jon Dybvig, City P,t nning Commission Chair 4 ATTEST: ,�1,._.Oi I M� Tim Gladhill, Community Development Director Applicant hereby acknowledges and agrees to the conditions set forth above. MANITOU FUND By: Title: Date Market& Johnson AdVahw a Every We Da ay 22, 2023 DORSEY & WHITNEY, LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 Attn: Sarah Zach RE: Seal coating of City of Stillwater parking lot Sarah, GENERAL BUILDING CONTRACTORS CONSTRUCTION MANAGERS Innovative Construction Solutions... Since 1948 As per your request, the following proposal represents what we believe is required to repair and prolong the useful life of the City of Stillwater parking lot, directly North of the Zephyr Theatre. Item #1: Black seal coat, strip, and patching - $11,000 Item #2: Chip seal, strip, and patching - $20,000 Item #3: Removal of overgrown trees and brush along parking lot - $5,000 Item #4: Maintain light base and pole, replace existing fixture with LED fixtures (1 location) - $2,000 Item #5: Replace single light pole with new base, pole, and LED fixtures (4 locations) - $20,000 The budgets above are budgetary, however should provide you with sufficient information to discuss with the City of Stillwater. If not, please reach out to me and we'll modify accordingly. Sincerely, g4 D-4 Randy LaFaive Division Manager Enclosed: Bituminous Roadways quote (3 pages) 1950 Curve Crest Blvd. • Stillwater, MN 55082 Phone: 651-340-6146 • Fax: 651-846-5607 Zfigh O/F -efe) 74 0 7, Vell7e& � P47fll7ef S1174 C9 194 F il%i�/ 1520 Commerce Drive I Mendota Heights I MN 155120 651-686-7001(P) 1651-687-9851(f) A 7d fsf Air www.bitroads.com I info@bitroads.com To: MARKET & JOHNSON, INC. Contact: RANDY LAFAIVE Address: 2350 GALLOWAY STREET, P.0 BOX 630 Phone: 715-834-1213 EAU CLAIRE, WI 54702 Fax: 715-834-2331 Project Name: ZEPHYR THEATER - 2023 Bid Number: Project Location: 601 MAIN ST N, STILLWATER, MN Bid Date: 5/22/2023 Attachments: ZEPHYR THEATER.jpeg Item Description DIG OUT PATCHING Dig -out Patch/Repair ( 44 SY ) - Areas To Be Patched Shall Be Removed To A Depth Of 4 Inches. Edges Shall Be Cut Vertically With Saw Or Milling Machine. A Tack Coat Shall Be Applied Uniformly To Cut Edges. Install 4 Inches Of Type SPWEA340B Asphalt Mix. Compact With Steel Roller For Smooth Transition With Existing Surface. Total Price for above DIG OUT PATCHING Items: $4,250.00 OPTION 1: BLACK SEAL COAT AND STRIPE Asphalt Emulsion Seal ( 1502 SY ) - The Area To Be Sealcoated Will Be Power Cleaned. Prime Bad Oil Spots As Needed. Apply Triton GSS Custom Blended Sealer Fortified With 2-4 Lbs. Of Silica Sand Per Gallon At A Rate Of 0.18 - .0.25 Gallons Per Square Yard. Note: Area Must Be Clear Of Vehicles And/Or Items And Sprinklers Turned Off For 24 Hour Prior To And Following Project Completion. Stripe - Furnish And Install Parking Lot Striping To Match Existing. Total Price for above OPTION 1: BLACK SEAL COAT AND STRIPE Items: $5,600.00 OPTION 2: CHIP SEAL AND STRIPE 1/4 " Granite Seal Coat ( 1502 SY) - The Area To Be Sealcoated Shall Be Swept Clean With A Self-propelled Power Pick-up Sweeper. We Shall Then Apply CRS-2 Hot Oil At The Rate Of .26 Gallon Per Sq. Yd. With Uniform Coverage By A Pressurized Distributor. Immediately After Application Of Hot Oil, A Cover Aggregate Of 1/4" Granite Shall Be Applied At 20 Lbs Per Sq. Yd. Using Approved Spreaders. The Cover Aggregate Shall Be Imbedded Into The Hot Oil By Rolling With 7 -9 Ton Pneumatic Roller. Four To Six Weeks After Sealcoating, The Excess Aggregate Shall Be Removed With A Self-propelled Pick-up Sweeper And Disposed Of Off -site. Stripe - Furnish And Install Parking Lot Striping To Match Existing. Total Price for above OPTION 2: CHIP SEAL AND STRIPE Items: $13,000.00 Notes: • All work to be completed in 2023. • Proposed Work Does Not Include: Landscape Restoration, Irrigation Repair/Restoration, Private Utility Locates/Repairs, Sub -soil Corrections, Erosion Control, Towing Charges, Permits and Fees, Multiple Mobilizations, Surveying or any Unforseen Conditions, Guarantee on drainage or ponding of water on lots with less than 1% slope. No epoxy or thermoplastic striping. Noted Addn: None • For more information: www.bitroads.com Payment Terms: This proposal is subject to credit approval and is valid for 10 calendar days, after which time price quotes may be withdrawn without notice. This quote is based on standard AGC subcontract language and shall become a rider to any contract. Payment due upon receipt of invoice. A finance charge of 1 1/2% per month (18% per year) will be charged on any balance over 30 days past invoice date, unless otherwise agreed upon in writing. We gladly accept Visa, Mastercard, Discover & American Express. https://bitroads.com/About-Us/75th-Anniversary 5/22/2023 5:07:27 PM Page 1 of 2 ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: 5/22/2023 5:07:27 PM CONFIRMED: BITUMINOUS ROADWAYS, INC. - MENDOTA HEIGHTS Authorized Signature: Estimator: Logan Blodgett logan.blodgett@bitroads.com Page 2 of 2 O r., \/ ` o Cl) $ . \ \ 5 ..� }< 11 ater, w THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager 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 1123 5ch Street Non -Owner Outside of home rental South Ivan Fernandez Occupied Downtown 37 of 50 Area ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. a 0 illwater THE BIR'HoLAI:E 01 Nil NNF1,OIA DATE: September 5, 2023 TO: Honorable Mayor & City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: 2023 Harvest Fest Event Application BACKGROUND Summer Tuesdays, Inc. has submitted an event application for a Special Event permit to hold the 2023 Stillwater Harvest Fest on October 14-15, 2023. The Harvest Festival will be open to the public on Saturday & Sunday from 10 a.m. to 10 p.m. The Harvest Fest is a free, family friendly annual event held in downtown Stillwater that includes a giant pumpkin weigh off, pumpkin regatta, live music, kids' activities, beer garden, chili cookoff, pie eating contest, kids costume parade along with other activities. The event organizers are requesting to use North Lowell Park along with Parking Lots 4, 5, 9, 10 and Mulberry Circle (for 3 days). Set up would begin at 8:00 a.m. on Friday, October 13th. Load -out and clean-up will occur by Monday, October 16th from 7:00 a.m. — 12:00 PM. Summer Tuesdays, Inc. is requesting the use of parking lots 4 and 10 for 2 days and lots 5, 9 and Mulberry Circle for 3 days. All associated fees will be invoiced according to the City's current Fee Schedule including: Parking Fees ($2,567.00), Base Fees + Load -in Fees for 3 days ($1,500.00), Temp. Liquor License Fees for 2 days ($2,000.00), Food Vendor Fees for 2 days ($100.00), the Event Application ($100), and Late Fee ($500.00) for a total of $6,767.00. RECOMMENDATION Staff recommends approving the 2023 Harvest Fest Event Application. ACTION REQUESTED The City Council should review the event application materials. If Council wishes to approve the event, they should pass a motion approving the 2023 Harvest fest Special Event Contract and Temporary Liquor License and enter into a contractual agreement with Summer Tuesdays, Inc. Attachments: Contract and Site Plan 2023 STILLWATER HARVEST FEST AGREEMENT THIS AGREEMENT, between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and SUMMER TUESDAYS, INC., a Minnesota non-profit corporation, ("Organizer") 1. Harvest Fest. The City has encouraged the Stillwater Harvest Fest ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 13 — 8:00 a.m. — 10:00 p.m. Event: Saturday, October 14 — 10:00 a.m. — 10:00 p.m. Sunday, October 15 — 10:00 a.m. — 10:00 p.m. Cleanup: Monday, October 16 — 7:00 a.m. — 12:00 p.m. Load In/Load Out: Organizer will coordinate the Load In/Load Out times for the event with the Public Works Department by September 15, 2023. Event/Alcohol. Harvest Fest has been granted conceptual authority to dispense intoxicating liquor at the Event. This approval is subject to the Organizer applying for and being granted a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk by September 15, 2023. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Event. The event will have alcohol sales Saturday and Sunday from 10:00 a.m. to 10:00 p.m. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing/Demarking of Venue. The Venue Area must be demarked by the Organization. The demarked area must be adequate to ensure that alcohol sales and consumption remain inside the venue area. A breach of the venue area is grounds for the Police Chief to terminate all alcohol sales in the area. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, the Organizer shall increase the paid private security and/or increase the Stillwater Police presence to ensure that the alcohol stays within the venue area. The Police Chief will determine the increase in the Stillwater Police Department presence. A paid professional security guard/police personnel must be in place to ensure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. f. Signs. The entire venue MUST be posted with signs that state NO ALCOHOL BEYOND THIS POINT at regular intervals (50-75 feet apart); signs should be a minimum of 18 x 24 in. The number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against Page 1 of 6 participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. g. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. h. Compliance. The Organization shall obtain a temporary liquor license for beer/wine tasting on Saturday, October 14 and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. i. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. j. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 15, 2023. 4. Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must remain open to the public and unobstructed during the Event unless approved by City Staff. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Mulberry Street (Mulberry Point Circle) and shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 8. Use of Parking Lots. The organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. Is not allowed (any damage repair will be paid for by the organizer). The Event is given use of parking Lots 4 5, 9 and 10 and Mulberry Circle. The Organizer agrees to pay the City for the use of the parking lot according to the fee schedule designated by the City Council. Page 2 of 6 The City prefers the Association to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lots for use would be Lots 4, 5, 9, and 10. These lots will be available to the Association exclusively from Friday AM until Monday AM of the Event weekend. 9. Event Fees. The Organizer agrees to submit event fees as stipulated in the 2023 Fee Schedule payable to City by September 15, 2023. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Public Works will provide irrigation locates in areas where tents will be staked on Friday, October 13, 2023. 11. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials, needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e., neighborhood meeting expenses and/or city equipment) shall be received by the City no later than September 15, 2023. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 12. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 8 portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. Page 3 of 6 c. Barricade Placement. i. The City will place notices of parking lot closures 24 hours before October 13, 2023 and place notices of no parking for all on -street parking requested in this agreement. ii. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 13 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. iii. To ensure traffic and pedestrian control the Association must place standard reflective barricades according to a plan approved by the Public Works Director, Police Chief or their designees. Barricades may be supplied by the Association, or by the City. Charges for the City supply of barricades are set forth in the current City Fee Schedule. The City may place additional traffic control barricades to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for placement of additional public safety traffic control barricades shall be shared with the Organizer by September 15, 2023. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. If possible, Organizer will provide recycling and organics containers for the Event. e. Electricity and Water. i. Each electrical box needed for the Event will be opened by the City on October 13, 2023. ii. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. iii. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50.00 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 13. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Public Health and Environment. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Public Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Page 4 of 6 Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. The Organizer agrees to provide 2 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 14. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, MN State Patrol, Washington County, Washington County Sheriff, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the event) and must submit copies of permits to the City from other agencies by September 15, 2023. 15. Insurance, Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than September 15, 2023. The insurance protection will have the following limits: a. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured "as their interests may appear." b. Comprehensive Automobile Liability: i. Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence ii. Property Damage: $100,000 Each Occurrence c. Worker's Compensation Coverage. 16. Event Application. The Event Application (not attached to Agreement) including revisions, correspondence, site plans and insurance for the Event as submitted by the Organizer is considered part of this Agreement. Any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. Page 5 of 6 IN WITNESS WHEREOF, the parties have set their hands this 5th day of September 2023. SUMMER TUESDAYS, INC. Cory C. Buettner, President CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Page 6 of 6 Lot 11 Lot 10 x Myrtle 0 Lo 4 Parking Lot 4 (friday + saturday only) Mulberry Circle (drop area) (saturday + sunday only) wNIO alcohol perimeter I* Type 3 Barricade = Porto Potties i water THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Proposed stop sign at intersection of Ramsey Street & Brick St. S BACKGROUND A stop sign has been requested at the intersection of Ramsey Street and Brick Street S. Currently this intersection is uncontrolled, meaning that there is no required stop or yield at any legs of the intersection. Brick Street is a state aid street and Ramsey Street is not. A stop sign west bound on Ramsey Street would give Brick Street users the right- of-way and will require travelers west bound on Ramsey to stop in order to safely continue onto Brick Street. It is proposed that a stop sign be installed on the west bound approach of Ramsey Street only. RECOMMENDATION Staff recommends that a stop sign be installed west bound on Ramsey Street at Brick Street S. ACTION REQUESTED If Council concurs with recommendation, they should pass RESOLUTION 2023- APPROVING A STOP SIGN FOR WEST BOUND RAMSEY STREET AT BRICK ST. S. City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING STOP SIGN FOR WESTBOUND TRAFFIC ON RAMSEY STREET AT BRICK STREET S WHEREAS, the City Engineer received a request for stop sign installation at the intersection of Ramsey Street and Brick Street S and WHEREAS, the City Engineer has reviewed and recommended the request NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater, that the stop sign be installed at the following location: Westbound on Ramsey Street at Brick Street S intersection. Adopted by the Stillwater City Council this 5th day of August, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Survey Agreement for the 2024 Street Improvement Project (2024-02) BACKGROUND At their regular meeting on July 181", 2023 the City of Stillwater Council members ordered the Engineering staff to prepare a feasibility study for the 2024 Street Improvement Project. Feasibility study includes survey of the streets proposed for reconstruction in order to better determine the costs to rebuild the streets. Staff received two bids: SEH $ 20,500 E.G.Rud & Sons $ 24,480 Funding for the survey will come from the 2024 Street Improvement Project (Project No. 2024-02) budget. RECOMMENDATION Staff recommends approving the Agreement with SEH for surveying the streets for the 2024 Street Improvement Project (2024-02). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH SEH FOR SURVEYING THE STREETS FOR THE 2024 STREET IMPROVEMENT PROJECT (2024-02). l (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 5th day of September, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Short Elliott Hendrickson Inc., 3535 Vadnais Center Dr., St. Paul MN 55110 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: 2024 Street Project — Survey Work WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 8/9/23, incorporated herein as Exhibit A; b. Consultant 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. 2. PAYMENT. a. City agrees to pay and Consultant 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 Consultant 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. Consultant 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. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended only 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. 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 Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until 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. 5. SUBCONTRACTORS. Consultant 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 Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant 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. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant 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 Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Reabar Adbullah, to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Greg Anderson, 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. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant 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 Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. 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. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant's policy limits to satisfy the full policy limits required by the Contract. Consultant 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 General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4tn Street North Stillwater, MN 55082 Attention: Reabar Abdullah Or e-mailed: radbullah(cD-stillwatermn.gov If to Consultant: SEH Inc., 3535 Vadnais Center Dr. St. Paul, MN 55110 Attention: Greg Anderson Or e-mailed: ganderson(c)sehinc.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant 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 Consultant 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. Governinq Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. 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. e. 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. f. 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. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N Short Elliott Henderickson Inc., By: Its: Greg F. Anderson Date: 08/22/2023 Project Description: 2024 Street Project — Survey Work -A. SEH Building a Better World for All of Us® August 9, 2022 Mr. Reabar Abdullah Assistant City Engineer City of Stillwater 216 4th St. N. Stillwater, MN 55082 Dear Mr. Abdullah: RE: City of Stillwater, Minnesota 2024 Street Reconstruction Project SEH appreciates the opportunity to submit this proposal for providing survey services related to the City's 2024 Street Reconstruction Project. This letter serves as our understanding of the project scope and schedule. Our scope of work includes a completion of a topographic survey per the City of Stillwater survey work requirements (attached). PROJECT BACKGROUND The City's 2024 Street Reconstruction Project includes work on portions of Greeley Street S, 2nd Street, and 62nd Street as shown on the attached map. SEH proposes to complete the topographic survey needed to complete the design of the project per the survey requirements provided by the City. We proposed to complete the survey work and provide the City the survey data before September 28, 2023. COMPENSATION Compensation for the services will be made on an hourly basis plus cost of reimbursable expanses. Total compensation is estimated at $20,500. This includes all expanses such as vehicles, equipment and mileage. Also included in this estimate is part of 62nd street that isn't built or any other additional work the city may require as the project commences. REMARKS You agree to furnish us with full information as to your requirements, including any special or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing information and data that we will need to perform our services. We would be happy to furnish such Additional Services as you may request or as required during the project. If this proposal is acceptable to the City, we will provide a professional services agreement for execution. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 1 800.325.2055 1 888.908.8166 fax I sehinc.com SEH is 100% employee -owned I Affirmative Action -Equal Opportunity Employer Mr. Reabar Abdullah August 9, 2023 Page 2 SEH appreciates the opportunity to serve the City of Stillwater. We look forward to working with the City to complete this upcoming project. Please contact me directly at 612.720.5883 or ganderson(a)sehinc.com should you have questions or requests for additional information. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Greg Anderson Client Service Manager (Lic. MN) ah Attachment c: Theo Brown, SEH x:\pt\s\still\common\169595\2023 st proposal.docx APPROVED THIS DAY OF 12023 CITY OF STILLWATER, MN By: Title: 2024 STREET IMPROVEMENT PROJECT PROPOSED PROJECT AREAS ' ater (S,il,lw .� THE BIRTHPLACE IF MINNESSTA LEGEND fl. = PROPOSED RECONSTRUCT K. N. Is H WY. 1 water THE BIRTHPLACE OF MINNESOTA 2024 Street Reconstruction proiect Survey work requirements Topo survey should be done within the street right-of-way. Extra survey shots to be taken in areas that are not typical of the street or look out of the ordinary. A list of point descriptors with full description of points should be provided. Points to be in Washington County Coordinates and in CSV format. Street Cross Sections • Every 50' or 25' in visible vertical or horizontal curves including approximate begin & end of curve. Also approximate high points in vertical curves. • Edge of walk or ground shot (elevation shot) if no walk along street. • Top of curb and type of curb • Gutter line or Edge of Bit if no gutter exist • Centerline • Set control points for construction staking purposes Cross Section Side Streets & Intersections • 50' back from closest gutter line of Project Street. • Every 25'. • Begin, mid & end radius - top curb and gutter line • Sidewalk and ped ramp location and existing ped ramp layout. Properties • Carriage walk in boulevards. Locate edges or centerline & width. Include type • Lot corners if visible or easily located. • Locate trees in the boulevard include approximate size & type. Driveways • Edges or centerline & width. Include type of driveway (concrete, bituminous, gravel etc.) • Locate end of driveway at the street to 15' back. Locate any grade changes in that 15' Utilities • Manholes - sanitary, storm and phone • Gate valves • Curb stops — if visible or located. • Top Nut Hydrant • Private utilities in the right-of-way (power poles, gas valves, phone peds, handholes) • Locate underground facilities after "Gopher State One Call" locate is completed. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.dstillwater.mn.us water. THE BIRTHPLACE OF MINNESOTA DATE: September 1, 2023 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: 2023 CIP Bonding BACKGROUND A portion of the City's funding for capital projects, capital equipment, street improvements and downtown lighting is financed by General Obligation (G.O.) Capital Outlay Bonds. Staff is requesting the City retain Baker Tilly as its independent municipal advisor and authorize them to sell the G.O. Bonds. Proposals will be opened and tabulated on October 3, 2023 at 11:00 a.m. The results will be present to the City Council that night. RECOMMENDATION Adopt the attached resolution. ACTION REQUESTED Adopt Resolution Providing for the competitive negotiated sale of $5,215,000 General Obligation Capital Outlay Bonds, Series 2023A City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,215,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2023A WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $5,215,000 General Obligation Capital Outlay Bonds, Series 2023A (the "Bonds") to finance (i) the 2023 capital outlay needs of various City departments; (ii) the 2023 City street lighting projects; and (iii) various permanent improvement projects, pursuant to Sections 10.4, 10.5 and 10.6 of the City Charter, as more fully described in Exhibit B attached hereto; and WHEREAS, the City has retained Baker Tilly Municipal Advisors, LLC, in Saint Paul, Minnesota ("Baker Tilly MA"), as its independent municipal advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Baker Tilly MA to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk and other officers or employees of the City are hereby authorized to cooperate with Baker Tilly MA and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Adopted by the Stillwater City Council this 5t" day of September, 2023. CITY OF STILLWATER Ted Kozlowksi, Mayor Attest: Beth Wolf, City Clerk EXHIBIT A THE CITY HAS AUTHORIZED BAKER TILLY MUNICIPAL ADVISORS, LLC TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,215,000- CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2023A (BOOK ENTRY ONLY) Proposals for the above -referenced obligations (the "Bonds") will be received by the City of Stillwater, Minnesota (the "City") on Tuesday, October 3, 2023 (the "Sale Date") until 11:00 A.M., Central Time (the "Sale Time") at the offices of Baker Tilly Municipal Advisors, LLC ("Baker Tilly MA"), 30 East 7th Street, Suite 3025, Saint Paul, MN 55101, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at its meeting commencing at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Baker Tilly MA will assume no liability for the inability of a bidder or its proposal to reach Baker Tilly MA prior to the Sale Time, and neither the City nor Baker Tilly MA shall be responsible for any failure, misdirection or error in the means of transmission selected by any bidder. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the proposal is submitted. (a) Sealed Bidding. Completed, signed proposals may be submitted to Baker Tilly MA by email to bids(a)_bakertilly.com, and must be received prior to the Sale Time. CST (b) Electronic Bidding. Proposals may also be received via PARITY°. For purposes of the electronic bidding process, the time as maintained by PARITY° shall constitute the official time with respect to all proposals submitted to PARITY°. Each bidder shall be solely responsible for making necessary arrangements to access PARITY' for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents, nor PARITY° shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents, nor PARITY° shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY°. The City is using the services of PARITY° solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY° is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY°, 1359 Broadway, 2r,d Floor, New York, New York 10018 Customer Support: (212) 849-5000 A-1 1287908870 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2024. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2025 $490,000 2027 $565,000 2029 $605,000 2031 $650,000 2033 $235,000 2026 $550,000 2028 $585,000 2030 $625,000 2032 $670,000 2034 $240,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity or maturities in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1, 000 of Bonds as that of the original proposal. Gross spread for this purpose is the differential between the price paid to the City for the new issue and the prices at which the proposal indicates the securities will be initially offered to the investing public. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository for the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The lowest bidder (the "Purchaser"), as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR/PAYING AGENT U.S. Bank Trust Company, National Association, Saint Paul, Minnesota will serve as Registrar/Paying Agent (the "Registrar") for the Bonds, and shall be subject to applicable regulations of the Securities and Exchange Commission. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2032, and on any day thereafter, to redeem Bonds due on or after February 1, 2033. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be redeemed. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All redemptions shall be at a price of par plus accrued interest. A-2 SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds of the Bonds will be used to finance (i) the 2023 Capital Outlay needs of various City departments; (ii) 2023 City street lighting projects; (iii) various permanent improvement projects; and (iv) pay the associated cost of issuance. BANK QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BIDDING PARAMETERS Proposals shall be for not less than $5,162,580 plus accrued interest, if any, on the total principal amount of the Bonds. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity as stated on the proposal must be 98.0% or greater. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth herein. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. ESTABLISHMENT OF ISSUE PRICE In order to provide the City with information necessary for compliance with Section 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder (collectively, the "Code"), the Purchaser will be required to assist the City in establishing the issue price of the Bonds and shall complete, execute, and deliver to the City prior to the closing date, a written certification in a form acceptable to the Purchaser, the City, and Bond Counsel (the "Issue Price Certificate") containing the following for each maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity): (i) the interest rate; (ii) the reasonably expected initial offering price to the "public" (as said term is defined in Treasury Regulation Section 1.148-1(f) (the "Regulation")) or the sale price; and (iii) pricing wires or equivalent communications supporting such offering or sale price. Any action to be taken or documentation to be received by the City pursuant hereto may be taken or received on behalf of the City by Baker Tilly MA. The City intends that the sale of the Bonds pursuant to this Terms of Proposal shall constitute a "competitive sale" as defined in the Regulation based on the following: (i) the City shall cause this Terms of Proposal to be disseminated to potential bidders in a manner that is reasonably designed to reach potential bidders; (ii) all bidders shall have an equal opportunity to submit a bid; A-3 (iii) the City reasonably expects that it will receive bids from at least three bidders that have established industry reputations for underwriting municipal bonds such as the Bonds; and (iv) the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal with the lowest true interest cost, as set forth in this Terms of Proposal (See "AWARD" herein). Any bid submitted pursuant to this Terms of Proposal shall be considered a firm offer for the purchase of the Bonds, as specified in the proposal. The Purchaser shall constitute an "underwriter" as said term is defined in the Regulation. By submitting its proposal, the Purchaser confirms that it shall require any agreement among underwriters, a selling group agreement, or other agreement to which it is a party relating to the initial sale of the Bonds, to include provisions requiring compliance with the provisions of the Code and the Regulation regarding the initial sale of the Bonds. If all of the requirements of a "competitive sale" are not satisfied, the City shall advise the Purchaser of such fact prior to the time of award of the sale of the Bonds to the Purchaser. In such event, any proposal submitted will not be subject to cancellation or withdrawal. Within twenty-four (24) hours of the notice of award of the sale of the Bonds, the Purchaser shall advise the City and Baker Tilly MA if 10% of any maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity) has been sold to the public and the price at which it was sold. The City will treat such sale price as the "issue price" for such maturity, applied on a maturity -by -maturity basis. The City will not require the Purchaser to comply with that portion of the Regulation commonly described as the "hold -the - offering -price" requirement for the remaining maturities, but the Purchaser may elect such option. If the Purchaser exercises such option, the City will apply the initial offering price to the public provided in the proposal as the issue price for such maturities. If the Purchaser does not exercise that option, it shall thereafter promptly provide the City and Baker Tilly MA the prices at which 10% of such maturities are sold to the public; provided such determination shall be made and the City and Baker Tilly MA notified of such prices whether or not the closing date has occurred, until the 10% test has been satisfied as to each maturity of the Bonds or until all of the Bonds of a maturity have been sold. GOOD FAITH DEPOSIT To have its proposal considered for award, the Purchaser is required to submit a good faith deposit via wire transfer to the City in the amount of $52,150 (the "Deposit") no later than 2:00 P.M., Central Time on the Sale Date. The Purchaser shall be solely responsible for the timely delivery of its Deposit, and neither the City nor Baker Tilly MA have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. A Deposit will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Baker Tilly MA following the receipt and tabulation of proposals. The successful bidder must send an e mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the Purchaser will be retained by the City and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the Purchaser fails to comply with the accepted proposal, said amount will be retained by the City. G"W:C9 The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non -substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre -approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. CUSIP NUMBERS If the Bonds qualify for the assignment of CUSIP numbers such numbers will be printed on the Bonds; however, neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. Baker Tilly MA will apply for CUSIP numbers pursuant to Rule G-34 implemented by the Municipal Securities Rulemaking Board. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT On or about November 2, 2023, the Bonds will be delivered without cost to the Purchaser through DTC in New York, New York. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Taft Stettinius & Hollister, LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no -litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. A-5 CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Bonds, and said Preliminary Official Statement has been deemed final by the City as of the date thereof within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For an electronic copy of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Baker Tilly Municipal Advisors, LLC, by telephone (651) 223-3000, or by email bids bakertilly.com. The Preliminary Official Statement will also be made available at https://bondcalendar.bakertilly.com/. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts, and interest rates of the Bonds, together with any other information required by law. By awarding the Bonds to the Purchaser, the City agrees that, no more than seven business days after the date of such award, it shall provide to the Purchaser an electronic copy of the Final Official Statement. The City designates the Purchaser as its agent for purposes of distributing the Final Official Statement to each syndicate member, if applicable. The Purchaser agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with its syndicate members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member. Dated September 5, 2023 BY ORDER OF THE CITY COUNCIL /s/ Beth Wolf, City Clerk n EXHIBIT B SCHEDULE OF 2023 BONDED CAPITAL OUTLAY Bonding Term (Years) Amount 2023 Capital Outlay Projects 8 $3,145,000 2023 Street Lighting Projects 10 $1,325,000 2023 Permanent Improvements 10 $745,000 Total $5,215,000 Washington County 2. U 9:00 Roll Call Pledge of Allegiance FYI BOARD AGENDA September 5, 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 August 22, 2023, County Board meeting minutes. B. Adopt a resolution to reappoint Stephen Schmaltz, Forest Lake, to the Comfort Lake Forest Lake Watershed District for a fourth term expiring September 22, 2026. C. Approve the 2023 Revenue Recapture Service Level Agreements between Washington County Cash Revenue ID and Collections Revenue ID and the Minnesota Department of Revenue. D. Approve Master Grant Agreement No. 15858 with the Minnesota Department of Employment and Economic Development (DEED) for the period of July 1, 2023, through June 30, 2028. E. Approve Contract No. 15859 with CareerLabsVR in the amount of $9,600 from the date of signature through July 31, 2024. F. Approve position modification request from .75 to 1.0 FTE Eligibility Specialist in the Community Services Department. G. Adopt a resolution to establish a portion of County State Aid Highway (CSAH) 15 in the Cities of Stillwater and Lake Elmo. H. Adopt a resolution authorizing the Washington County Public Works Department to accept a donation from Tim Freeman and Folz Freeman Surveying LLC, of Land Survey records and related copyrights, valued at $15,000. I. Adopt a resolution to accept a donation in the amount of $2,500 from the friends and family of Brendan Bakken for a cedar bench to be placed at Big Marine Park Reserve in his honor. 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 hinglton N870 00Lll1Ly Consent Calendar continued J. Adopt a resolution supporting Washington County's grant application to the Minnesota Historical and Cultural Heritage Legacy Large Grant to fund reconstruction of the ADA ramp on the west entrance of the Washington County Historic Courthouse. K. Adopt a resolution to accept the terms and conditions for the Bureau of Justice Assistance (BJA) FY 23 Byrne Discretionary Community Project Funding/Byrne Discretionary Grants Program in the amount of $1,600,000. L. Approve Agreement No. 15843 between Washington County and the City of Grant, Minnesota, to provide law enforcement services to the city. M. Approve Grant Agreement No. 15845 between the Minnesota Department of Public Safety and Washington County, in the amount of $236,000 for the 2024-2025 (REP) Radiological Emergency Preparedness Program. 4. 9:10 Public Works - Sara Allen, Senior Planner (item A) - Erin Clarkowski, Engineer II (item B) - Ryan Hoefs, Engineer II (item C) 9:10 A. Adopt a resolution to submit projects in Oakdale and North St. Paul, Stillwater, Hugo, Cottage Grove and Woodbury for funding consideration through the 2024 Minnesota Capital Budget system. 9:25 B. Approve Contract No. 15764 with Bolton & Menk in the amount of $324,789.16 for preliminary design services for the Century North Reconstruction Project. 9:40 C. Approve Contract No. 15836 with Rani Engineering for the amount of $249,496.83 for design engineering services on the Central Greenway Regional Trailhead in Lake Elmo Park Reserve. 10:00 Sheriffs Office - Doug Berglund, Emergency Services Manager A. Adopt a resolution recognizing September 2023 as National Preparedness Month in Washington County. 10:15 General Administration - Kevin Corbid, County Administrator 10:25 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters ofinterest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because ofdiscussion will be scheduled for a future board meeting. 10:40 Board Correspondence 10:40 Adjourn Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 10. 10:45 2024 Recommended Budget Workshops 10:45 A. Review the 2024 recommended budget for the Attorney's Office. 11:30 B. Review the 2024 recommended budget for the Sheriffs Office. 11. 12:15-12:30 Break 12. 12:30 Board Workshop with Administration A. Review the 2024 recommended Washington County budget. 13. 1:00 Board Workshop with Community Services A. Update on the Department of Human Services (DHS) Shelter Grant application. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 2 3. 4. 8:30 Personnel Committee 9:00 Roll Call Pledge of Allegiance BOARD AGENDA August 22, 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 August 1, 2023, and August 8, 2023, County Board meeting minutes. B. Appoint George Stone, Community Services Division Manager, to the Ramsey/Washington Community Action Partnership as the Washington County representative, replacing Commissioner Karla Bigham. C. Approve Amendment No. 1 to Grant Contract No. 14901 with the Minnesota Department of Human Services to add $1,552,500 in Community Living Infrastructure (CLI) Federal Medicaid Assistance Percentage (FMAP) funds. D. Approve Joint Statement of Agreement No. 15798 with South Washington County Early Childhood Family Education. E. 1. Adopt a resolution to participate in the Minnesota Department of Natural Resources (DNR) Snowmobile Trails Assistance Program and for Washington County staff to administer the grant for the Star Trail Association. 2. Approve license agreement between Washington County and the Star Trail Association for the creation and maintenance of snowmobile trails within certain areas of the county regional parks. F. Adopt a resolution authorizing submittal of an application to International Mountain Bicycling Association's Trail Accelerator Grant Program. G. 1. Approve Purchase Order No. 26818 with Prevolv in the amount of $371,610.42 for replacement of the workstations in the Information Technology Department (ITD) as part of the approved American Rescue Plan Act (ARPA) project. 2. Approve Purchase Order No. 26826 with Prevolv in the amount of $490,578.75 for replacement of the workstations in the Community Corrections Department (CCD) as part of the approved American Rescue Plan Act (ARPA) project. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County Consent Calendar continued H. Approve Amendment No. 1 on Contract No. 14342 with Kraus -Anderson in the amount $336,916 for General Conditions and a Site Services adjustment. Approve Contract No. 15680 with Kraus -Anderson Construction Company in the amount of $529,787 for Construction Management services for the Law Enforcement Center Improvement Project (CIP# BSD-CW-1601). J. Approve Fiscal Year 2024 Clean Water Fund Competitive Grants Application. K. Approve Contract No. 15750 with Tyler Technologies, Inc. for SoftCode licenses. L. Approve Contract No. 15504 with Dakota County Technical College for law enforcement pursuit and tactical driving training 5. 9:10 Minnesota Inter -County Association (MICA) Update - MICA Staff Matt Massman, Nancy Silesky, Steve Novak, and Carli Stark A. Minnesota Inter -County Association 2023 End -of -Session Report 9:40 Public Works - Cory Slagle, Assistant County Engineer (items A & B) - Wayne Sandberg, Director (item C) A. Approve Change Order No. 5 to Contract No. 14981 with Sunram Construction, Inc. for the St. Croix Bluffs Regional Park Boat Launch Improvement Project. B. Approve Change Order No. 12 to Contract No. 14717 with Forest Lake Contracting, Inc. for County State Aid Highway 12. C. Adoption of Public Works Policy to require Prevailing Wage on locally funded projects. 7. 10:20 General Administration - Kevin Corbid, County Administrator 8. 10:30 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull Board on committee activities, make comments on matters ofinterest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because ofdiscussion will be scheduled for a future board meeting. 9. 10:45 Board Correspondence 10. 10:45 Adjourn Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 11. 10:55 2024 Recommended Budget Workshops A. Review the 2024 recommended budget for the Library and Law Library. B. Review the 2024 recommended budget for the Property Records and Taxpayer Services Department. 12. 12:10 Break 13. 12:30 Board Workshop with Public Health & Environment A. Solid Waste Management Plan Update 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