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HomeMy WebLinkAbout2024-03-19 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov Notice: A Councilmember will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Fairfield Inn and Suites, 13201 Overseas Hwy, Marathon, Florida 33050 REVISED AGENDA CITY COUNCIL MEETING March 19, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Police Award Ceremony V. OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 2. Public Works Director 3. Police Chief 4. Fire Chief 5. Finance Director 6. Community Development Director 7. City Clerk 8. City Attorney 9. City Administrator VII. 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. 10. March 6, 2024 Workshop and Regular Meeting Minutes 11. Payment of Bills 12. 5th Street Shop Garage Door Replacement Project Agreement 13. Chicken Permit at 2002 Fairmeadows Road - moved to New Business 14. City Hall Elevator Maintenance Services Agreement – removed from agenda 15. Cruisin’ on the Croix Car Show 2024 Event Agreement 16. Drainage and Utility Easement Agreement at 101 Hazel St E 17. Encroachment Agreement and Liquor License Premise Extension for The Lumberjack and Melt Pizza in Union Alley – Resolution 18. Farmers Market 2024 Event Agreement 19. Liquor License Premise Extension for Acapulco Cinco De Mayo Event – Resolution 20. Liquor License Premise Extension for River Siren Brewery Sunshine Fest Event– Resolution 21. Lily Lake Park and Staples Park Play Equipment Declared as Surplus – Resolution 22. Northland Park Rink Project Agreement – removed from agenda 23. Owen Street Well House Repair Project Agreement 24. Portable Restrooms 2024 Agreement 25. Staffing for Adequate Fire and Emergency Response (SAFER) Grant – Resolution 26. Stillwater Half Marathon 2024 Event Agreement 27. Sunken Garden Rehabilitation Project Agreements 28. Tax Increment Financing District #6 Return of Excess Increment 29. Tower Drive Water Tower Painting Project Bid Award and Agreement – Resolution cStillwater ~~ The Birthplace of Minnesota ) Page 2 of 2 City Council Meeting Agenda March 19, 2024 30. Washington County Election Services Joint Powers Agreement 31. Well #5 Variable Frequency Drive Replacement Project Agreement VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS X. NEW BUSINESS 32. Ordinances for Sanitary Sewer Connections and Fire Protection Permits – Ordinances 1st Reading 33. Chicken Permit at 2002 Fairmeadows Road XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov Notice: A Councilmember will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Fairfield Inn and Suites, 13201 Overseas Hwy, Marathon, Florida 33050 AGENDA CITY COUNCIL MEETING March 19, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Police Award Ceremony V. OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 2. Public Works Director 3. Police Chief 4. Fire Chief 5. Finance Director 6. Community Development Director 7. City Clerk 8. City Attorney 9. City Administrator VII. 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. 10. March 6, 2024 Workshop and Regular Meeting Minutes 11. Payment of Bills 12. 5th Street Shop Garage Door Replacement Project Agreement 13. Chicken Permit at 2002 Fairmeadows Road 14. City Hall Elevator Maintenance Services Agreement 15. Cruisin’ on the Croix Car Show 2024 Event Agreement 16. Drainage and Utility Easement Agreement at 101 Hazel St E 17. Encroachment Agreement and Liquor License Premise Extension for The Lumberjack and Melt Pizza in Union Alley – Resolution 18. Farmers Market 2024 Event Agreement 19. Liquor License Premise Extension for Acapulco Cinco De Mayo Event – Resolution 20. Liquor License Premise Extension for River Siren Brewery Sunshine Fest Event– Resolution 21. Lily Lake Park and Staples Park Play Equipment Declared as Surplus – Resolution 22. Northland Park Rink Project Agreement 23. Owen Street Well House Repair Project Agreement 24. Portable Restrooms 2024 Agreement 25. Staffing for Adequate Fire and Emergency Response (SAFER) Grant – Resolution 26. Stillwater Half Marathon 2024 Event Agreement 27. Sunken Garden Rehabilitation Project Agreements 28. Tax Increment Financing District #6 Return of Excess Increment 29. Tower Drive Water Tower Painting Project Bid Award and Agreement – Resolution ~ ii/water ~, ~ Th e Birthplace of Minnesota J Page 2 of 2 City Council Meeting Agenda March 19, 2024 30. Washington County Election Services Joint Powers Agreement 31. Well #5 Variable Frequency Drive Replacement Project Agreement VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS X. NEW BUSINESS 32. Ordinances for Sanitary Sewer Connections and Fire Protection Permits – Ordinance 1st Reading XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT City of Stillwater Water Tower EXISTING PROPOSED City of Stillwater Sunken Garden 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES March 6, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht Absent: Councilmember Polehna Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Communication Plan Update from TKDA Public Works Director Sanders explained that the Minnesota Department of Health (MDH) tested the City’s wells and issued a Health Risk Advisory for PFAS at Well #6. In response, the City stopped using Well #6 and will continue to work with MDH on additional testing. The City is considering a study to evaluate strategies to replace Well #6 or treat water from Well #6, and will seek financial assistance for the study as well as future capital projects. Jeannine Clancy, Senior Planner/Program Director wtih TKDA, and Dan Nesler, Water/ Wastewater Group Manager with TKDA, reviewed the PFAS Communication Plan. Convention & Visitor Bureau Annual Presentation Kelly Nygaard, President of Discover Stillwater, provided the annual report, citing lodging tax revenues, accomplishments, and activities of the CVB. Riverfront Parks Update Public Works Director Sanders presented four architectural concepts for the Shoddy Mill and Bergstein Warehouse buildings. Council voiced a preference for Option 4. The rough cost preliminary estimate is $1.2 million for both buildings. Mayor Kozlowski stated he likes the idea of enclosed space with the ability to open it up in nice weather. Councilmember Odebrecht stated he would like Brent Peterson and the Washington County Historical Society to get involved to highlight the history of the buildings, as there is very little Jewish history in this area. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting March 6, 2024 Page 2 of 5 Councilmember Junker suggested the wooden wheel on the second floor be brought to the first floor so it can be seen by visitors. Mr. Sanders continued, stating that last year the City received a $6 million grant from the State for the following riverfront park projects: Lumberjack Landing, Lowell Park Gazebo, and Bridgeview Park. Additional funding may come from the Local Option Sales Tax legislation, which gives the City authority to hold a referendum on a 0.5% sales tax. If approved by referendum in November, this sales tax could provide up to $12.5 million for construction renovation and improvements to riverfront park projects. He reviewed the list of specific improvement items mentioned in the legislative language, totaling a little over $6.2 million; the City will have to determine how to come up with the additional $200,000 in cost. The next step is to finalize the cost estimate for the Shoddy Mill/Warehouse, and begin design. Construction will take place in 2025-2026. STAFF REPORTS Public Works Director Sanders informed the Council of a $350,000 DNR grant to remove and replace 300 ash trees affected by the Emerald Ash Borer. He stated the spring flooding outlook is low. A national engineering award has been received for Chestnut Plaza. He reported that Teddy Bear Park, pickleball and tennis courts are open for the season. Police Chief Mueller reported on an opioid summit, and stated that Officer Tennison started a community Narcan program in partnership with Police, Fire and EMS. On March 19 there will be a Police Award presentation to agencies that initially responded to the active shooter. He gave an embedded social worker update. He noted the Police Association Annual Benefit March 10, and a pancake breakfast fundraiser March 23 for Officer Crosbie’s participation in a cross country charity bike ride. Fire Chief Glaser stated the fire risk is high and wildfires have occurred. There was a structure fire on March 3. He gave an update on hiring, and stated another SAFER grant opportunity opens March 11. The Council supports the reapplication. Finance Director Provos stated staff completed the sales tax audit conducted by the State and is preparing for the 2023 audit in April. Community Development Director Gladhill briefed the Council on the emergency housing project; Lakeview Hospital project; and miscellaneous business permits under review. City Clerk Wolf gave a recap on the Presidential Nomination Primary election. City Attorney Land noted that the League of Minnesota Cities is asking for input on a model ordinance on marijuana. Boards and Commissions training will be done in May. She would like this to be mandatory every other year for Commissioners; the Council supports this. City Administrator Kohlmann updated the Council on St. Croix Valley Rec Center expansion and Lumberjack Days progress. There will be a Special Services District meeting March 19; the new IT manager will start March 11. Library Director Troendle briefed the Council on programs and activities. Mayor Kozlowski recessed the meeting at 5:50 p.m. City Council Meeting March 6, 2024 Page 3 of 5 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht Absent: Councilmember Polehna Staff present: City Administrator Kohlmann City Clerk Wolf Attorney Bjerkness 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 Mayor Kozlowski and the Council acknowledged the tragic loss of Valley Access Channels team member Anders Engstrom in a hiking accident March 2. Certificate of Retirement for Bill Peltier, Firefighter/Engineer Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt Resolution 2024‐027, Certificate of Retirement - Bill Peltier. All in favor. Fire Chief Glaser commended Mr. Peltier on his retirement after 45 years of serving the City. He noted that his family members gave over 180 years of service to Stillwater; and Mr. Peltier thanked his fire department family for the opportunity to serve. Proclamation for Susan G. Komen, BigWigs Day Stillwater resident Rachael Kozlowski and Alicia Gordon-Macalus, Minnesota State Executive Director, Susan G. Komen, explained fundraising activities to fight breast cancer. Mayor Kozlowski read a proclamation designating March 6, 2024 as Susan G. Komen BigWigs Day. OPEN FORUM Carl Rothausen, 722 Mulberry Street West, complained about windchime noise from his neighbors; and Community Development Director Gladhill stated staff can work with the Police Department on noise measurement to see if it violates the noise ordinance. CONSENT AGENDA February 20, 2024 regular meeting minutes Payment of Bills Adoption of New City Code – Ordinance 1211 2nd Reading 2024 Fee Schedule Amendment – Ordinance 1212 2nd Reading City Council Meeting March 6, 2024 Page 4 of 5 Fence Project Agreement for Lily Lake Park and Staples Park League of MN Cities Grant Navigation Program – Resolution 2024‐024 Lighting Improvement Project Agreement in the Forest Hills Development On-Sale with Sunday Sales Liquor License for Key Café – Resolution 2024‐025 Pickleball Court Project Agreement for Northland Park Shade Tree Program Grant Agreement Short Term Home Rental Licenses St. Croix Valley Rec Center Purchase Request Temporary Liquor License for Ascension Church Tobacco License for Stillwater Country Club – Resolution 2024‐026 Tree Injection Treatment Program Project Agreement Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adjourn. All in favor. The meeting was adjourned at 7:37 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024‐024, Authorizing Application for Grant Navigation Support for the City Resolution 2024‐025, Approving Issuance of New On-Sale Liquor License with Sunday Sales to AMGAR Hunn, Inc. dba Key Café Bar & Bakery City Council Meeting March 6, 2024 Page 5 of 5 Resolution 2024‐026, Approving New Tobacco Licenses for Stillwater Country Club Inc. dba Stillwater Country Club Resolution 2024‐027, Certificate of Retirement - Bill Peltier Ordinance 1211, An Ordinance Repealing and Replacing the City of Stillwater City Code Ordinance 1212, An Ordinance Amending the City of Stillwater 2024 Fee Schedule DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $1,263,080.53 has been sent to the Mayor and City Council Members to approve for payment. City of Stillwater Washington County, Minnesota RESOLUTION 2024-029 RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR TEMPORARY OUTDOOR PREMISE EXTENSION AT 1240 FRONTAGE ROAD WEST WHEREAS, a request from Acapulco Mexican Restaurant has been received to add their adjacent parking lot located at 1240 Frontage Rd W as a temporary premise extension to their Sunday On-sale Intoxicating liquor license; and WHEREAS, the request meets State Statute restrictions that the premises must be “compact and contiguous”; and WHEREAS, the temporary outdoor premise area will be used only an event being held on May 5, 2024. NOW, THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby approves amending Acapulco Mexican Restaurant On-sale Intoxicating liquor license temporarily for additional licensed premises located at 1240 Frontage Rd W for an outdoor event on May 5, 2024 conditioned upon the following: 1. Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED) has been notified. 2. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 3. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 4. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 8 am and 10 pm on said event date. 5. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. §340A. Adopted by the Stillwater City Council this 19th day of March 2024. CITY OF STILLWATER ____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Beth Wolf, City Clerk DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Mick Greiner Facilities Manager SUBJECT: Stillwater 5th Street Maintenance & Storage Facility Garage Door Replacement Project BACKGROUND The Stillwater 5th street maintenance and storage facility garage doors have outlived their useful lives and need replacement to ensure unobstructed access for the Police Department large evidence item storage, Fire Department storage and the Cities facilities repair shop and storage spaces. Currently one door is completely in operable due to damage sustained from a cable break causing increased difficulty getting trailers etc. out of the space. Three (3) quotes were obtained to replace all seven (7) garage doors and open ers. It is recommended that we approve the quote provided by IDC Automatic of Coon Rapids in the amount of $54,988. The quote provided includes the necessary electrical work as well as replacement blocking around the door openings as the current blocking i s rotted and or missing. Funds will be paid out of the Capital Outlay budget. RECOMMENDATION Staff recommends Council approve the contract with IDC Automatic for work on the 5 th Street Facility Garage Doors. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT WITH IDC AUTOMATIC FOR WORK ON 5TH STREET FACILITY GARAGE DOORS 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 19th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and IDC Automatic, 360 Coon Rapids Blvd NW, Coon Rapids, MN 55433 (“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; 5th Street Shop – Garage Doors 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 received 3/11/2024, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 2 3. TERM. The term of this Agreement expires 3/19/2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Mick Greiner 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 Dustin Fansler to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater IDC Automatic 216 4th Street North 360 Coon Rapids Blvd NW Stillwater, MN 55082 Coon Rapids, MN 55433 Attention: Mick Greiner Attention: Dustin Fansler Or e-mailed: mgreiner@stillwatermn.gov Or emailed: dfansler@idcautomatic.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk 5 CONTRACTOR IDC Automatic By:______ _____________ __________ By (Please Print):_____________________________ Title (Please Print):____________________________ Project Description: 5th Street Shop – Garage Doors Randy Marttinen President Quote Page 1 of 6 Stillwater, City of 216 4th Street North Stillwater, MN 55082 Phone: MICK 651-219-0669 Ship To: Stillwater, City of 216 4th Street North Stillwater, MN 55082 Sold To: Order Number: Order Date: Salesperson: Customer No.: 0182583 DF 01-4308831 05/21/2024Schedule Date: OPD: 360 Coon Rapids Blvd NW Coon Rapids, MN 55433 Phone: 763-786-4730 Confirm To: Mick Greiner ACCOUNTING@CI.STILLWATER.MN.US Customer P.O.Ship VIA FEDEX Terms NET 10 DAYS Item Number Unit Price AmountShipped Back OrderOrdered SECTIONAL DOORS COMM-SPECIAL EACH 15,120.007,560.002.000 0.000 0.000 BRAND: CLOPAY MODEL #: 524S SIZE: 16'0" X 14'0" COLOR: WHITE WINDOWS: NONE TRACK RADIUS: HIGH LIFT 18" - 3" RA LOCK: SLIDE LOCK INSIDE HARDWARE: STANDARD HARDWARE SPRINGING: W1-TORSION WEATHERSEAL: WHITE PVC STOP AND SEAL BACK-COM1-0300 EACH 0.000.002.000 0.000 0.000 1.5'' X 10' X 13GA PUNCHED IRON SEAL-STOP-1650 EACH 0.000.002.000 0.000 0.000 SEAL-STOP-1450 EACH 0.000.004.000 0.000 0.000 Continued MN State Building Code requires a minimum basic wind load of 90 mph in the State of Minnesota. However, other wind load requirements may apply under ASCE 7-05. Consult with your local building code official. idc AUTOMATIC COPY Quote Page 2 of 6 Stillwater, City of 216 4th Street North Stillwater, MN 55082 Phone: MICK 651-219-0669 Ship To: Stillwater, City of 216 4th Street North Stillwater, MN 55082 Sold To: Order Number: Order Date: Salesperson: Customer No.: 0182583 DF 01-4308831 05/21/2024Schedule Date: OPD: 360 Coon Rapids Blvd NW Coon Rapids, MN 55433 Phone: 763-786-4730 Confirm To: Mick Greiner ACCOUNTING@CI.STILLWATER.MN.US Customer P.O.Ship VIA FEDEX Terms NET 10 DAYS Item Number Unit Price AmountShipped Back OrderOrdered COMM-SPECIAL EACH 14,020.007,010.002.000 0.000 0.000 BRAND: CLOPAY MODEL #: 524S SIZE: 16'0" X 14'0" COLOR: WHITE WINDOWS: NONE TRACK RADIUS: 3" RA LOCK: SLIDE LOCK INSIDE HARDWARE: STANDARD HARDWARE SPRINGING: W1-TORSION WEATHERSEAL: WHITE PVC STOP AND SEAL BACK-COM1-0300 EACH 0.000.002.000 0.000 0.000 1.5'' X 10' X 13GA PUNCHED IRON SEAL-STOP-1650 EACH 0.000.002.000 0.000 0.000 SEAL-STOP-1450 EACH 0.000.004.000 0.000 0.000 Continued MN State Building Code requires a minimum basic wind load of 90 mph in the State of Minnesota. However, other wind load requirements may apply under ASCE 7-05. Consult with your local building code official. idc AUTOMATIC COPY Quote Page 3 of 6 Stillwater, City of 216 4th Street North Stillwater, MN 55082 Phone: MICK 651-219-0669 Ship To: Stillwater, City of 216 4th Street North Stillwater, MN 55082 Sold To: Order Number: Order Date: Salesperson: Customer No.: 0182583 DF 01-4308831 05/21/2024Schedule Date: OPD: 360 Coon Rapids Blvd NW Coon Rapids, MN 55433 Phone: 763-786-4730 Confirm To: Mick Greiner ACCOUNTING@CI.STILLWATER.MN.US Customer P.O.Ship VIA FEDEX Terms NET 10 DAYS Item Number Unit Price AmountShipped Back OrderOrdered COMM-SPECIAL EACH 4,245.004,245.001.000 0.000 0.000 BRAND: CLOPAY MODEL #: 525S SIZE: 12'2" X 14'0" COLOR: WHITE WINDOWS: NONE TRACK RADIUS: STANDARD LOCK: SLIDE LOCK INSIDE HARDWARE: STANDARD HARDWARE SPRINGING: W1-TORSION WEATHERSEAL: WHITE PVC STOP AND SEAL BACK-COM1-0300 EACH 0.000.002.000 0.000 0.000 1.5'' X 10' X 13GA PUNCHED IRON SEAL-STOP-1250 EACH 0.000.001.000 0.000 0.000 SEAL-STOP-1450 EACH 0.000.002.000 0.000 0.000 Continued MN State Building Code requires a minimum basic wind load of 90 mph in the State of Minnesota. However, other wind load requirements may apply under ASCE 7-05. Consult with your local building code official. idc AUTOMATIC COPY Quote Page 4 of 6 Stillwater, City of 216 4th Street North Stillwater, MN 55082 Phone: MICK 651-219-0669 Ship To: Stillwater, City of 216 4th Street North Stillwater, MN 55082 Sold To: Order Number: Order Date: Salesperson: Customer No.: 0182583 DF 01-4308831 05/21/2024Schedule Date: OPD: 360 Coon Rapids Blvd NW Coon Rapids, MN 55433 Phone: 763-786-4730 Confirm To: Mick Greiner ACCOUNTING@CI.STILLWATER.MN.US Customer P.O.Ship VIA FEDEX Terms NET 10 DAYS Item Number Unit Price AmountShipped Back OrderOrdered COMM-SPECIAL EACH 8,490.004,245.002.000 0.000 0.000 BRAND: CLOPAY MODEL #: 524S SIZE: 12'0" X 14'0" COLOR: WHITE WINDOWS: NONE TRACK RADIUS: STANDARD LOCK: SLIDE LOCK INSIDE HARDWARE: STANDARD HARDWARE SPRINGING: W1-TORSION WEATHERSEAL: WHITE PVC STOP AND SEAL BACK-COM1-0300 EACH 0.000.002.000 0.000 0.000 1.5'' X 10' X 13GA PUNCHED IRON SEAL-STOP-1250 EACH 0.000.002.000 0.000 0.000 SEAL-STOP-1450 EACH 0.000.004.000 0.000 0.000 /CDL EACH 0.000.001.000 0.000 0.000 Continued MN State Building Code requires a minimum basic wind load of 90 mph in the State of Minnesota. However, other wind load requirements may apply under ASCE 7-05. Consult with your local building code official. idc AUTOMATIC COPY Quote Page 5 of 6 Stillwater, City of 216 4th Street North Stillwater, MN 55082 Phone: MICK 651-219-0669 Ship To: Stillwater, City of 216 4th Street North Stillwater, MN 55082 Sold To: Order Number: Order Date: Salesperson: Customer No.: 0182583 DF 01-4308831 05/21/2024Schedule Date: OPD: 360 Coon Rapids Blvd NW Coon Rapids, MN 55433 Phone: 763-786-4730 Confirm To: Mick Greiner ACCOUNTING@CI.STILLWATER.MN.US Customer P.O.Ship VIA FEDEX Terms NET 10 DAYS Item Number Unit Price AmountShipped Back OrderOrdered COMMERCIAL OPERATORS COMM-SPECIAL EACH 3,148.001,574.002.000 0.000 0.000 MANARAS OPJ 1/2HP JACKSHAFT OPERATOR INCLUDES CPSU PHOTO EYES & THREE BUTTON STATION DOOR WIDTH: 16'0" WIDE DOOR HEIGHT: UP TO 14'0" HIGH TRANSMITTER TYPE: 4-BUTTON TRANSMITTER QTY: 10 COMM-SPECIAL EACH 2,510.001,255.002.000 0.000 0.000 MANARAS OTH-6112 1/2HP OPERATOR INCLUDES CPSU PHOTO EYES & THREE BUTTON STATION DOOR WIDTH: 16'2" WIDE DOOR HEIGHT: UP TO 14'0" HIGH TRANSMITTER TYPE: 4-BUTTON TRANSMITTER QTY: 4 COMM-SPECIAL EACH 3,765.001,255.003.000 0.000 0.000 MANARAS OTH-6112 1/2HP OPERATOR INCLUDES CPSU PHOTO EYES & THREE BUTTON STATION DOOR WIDTH: 12'2" WIDE DOOR HEIGHT: UP TO 14'0" HIGH TRANSMITTER TYPE: 4-BUTTON TRANSMITTER QTY: 4 COMM-SPECIAL EACH 0.000.0040.000 0.000 0.000 MODEL: 4-BUTTON MANARAS TRANSMITTER Continued MN State Building Code requires a minimum basic wind load of 90 mph in the State of Minnesota. However, other wind load requirements may apply under ASCE 7-05. Consult with your local building code official. idc AUTOMATIC COPY Quote Page 6 of 6 Stillwater, City of 216 4th Street North Stillwater, MN 55082 Phone: MICK 651-219-0669 Ship To: Stillwater, City of 216 4th Street North Stillwater, MN 55082 Sold To: Order Number: Order Date: Salesperson: Customer No.: 0182583 DF 01-4308831 05/21/2024Schedule Date: OPD: 360 Coon Rapids Blvd NW Coon Rapids, MN 55433 Phone: 763-786-4730 Confirm To: Mick Greiner ACCOUNTING@CI.STILLWATER.MN.US Customer P.O.Ship VIA FEDEX Terms NET 10 DAYS Item Number Unit Price AmountShipped Back OrderOrdered /ELECTRICAL EACH 1,940.001,940.001.000 0.000 0.000 IDC TO INSTALL 2 NEW DISCONNECTS AND 2 NEW WHIPS ON DOORS 1 AND 2 AS WELL AS CONNECT POWER WIRING TO ALL NEW OPERATORS. IDC WILL INSTALL UP TO 40' OF LOW VOLTAGE CONDUIT FOR PHOTO EYES ON DOORS 1 AND 2. IF IN GOOD CONDITION IDC WILL REUSE LOW VOLTAGE WIRING ALREADY IN CONDUIT ON DOORS 3-7. HIGH VOLT POWER DISCONNECT & RECONNECT BY IDC LOW VOLT WIRING FOR GARAGE DOOR OPERATOR SYSTEM ACCESSORIES BY IDC. ALL OTHER NON-GARAGE DOOR ACCESSORY WIRING BY OTHERS. COMM-SPECIAL EACH 1,750.001,750.001.000 0.000 0.000 IDC TO REMOVE AND INSTALL NEW WOOD BUCKS ON DOORS 3-7. MN State Building Code requires a minimum basic wind load of 90 mph in the State of Minnesota. However, other wind load requirements may apply under ASCE 7-05. Consult with your local building code official. Net Order:54,988.00 Less Discount:0.00 Freight/Handling:0.00 000000099 Sales Tax:0.00 54,988.00USD Order Total: idc AUTOMATIC COPY Beginning Jan . 1, 2024, all orders over $2500 .00 paid by credit card, will be charged an additional 3% convenience fee . To whom it may concern, We are writing this letter to express our support for our neighbors located at 2002 fairmeadows rd, Stillwater, MN 55082 to keep chickens on their property. We believe that the decision to raise chickens is not only a wonderful opportunity for them and their family but also a positive addition to our community. Having known them as responsible and caring neighbors, we have no doubt that they will take all necessary measures to ensure that the chickens are well cared for and that their presence will not cause any disruptions to our neighborhood. Their commitment to maintaining a clean and odor -free environment, as well as their willingness to comply with any local regulations regarding the keeping of livestock, is commendable. In conclusion, we wholeheartedly endorse the decision to keep chickens on the property. We look forward to seeing the chickens flourish and we are excited to witness the positive impact it will have on our neighborhood. Warm Regards Anthony Misenor & Jessica Junker 312 county road 5, Stillwater, MN 55082 651-442-5750 DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Katriona Molasky, Assistant City Planner SUBJECT: Request for Chicken Permit (2002 Fairmeadows Rd.) BACKGROUND The City has received an Application for a Chicken Permit at 2002 Fairmeadows Rd. As part of the permitting process, neighborhood notices were sent. The City received one (1) objection to the Chicken Permit. In the event the City receives an ob jection, the permit must be considered by City Council per City Code Section 31-514. The written objection is attached to this memo. It is important to note that chickens are not currently being kept on the Property. The Owner is taking the proper permitting steps before installing a coop and before bringing chickens on the property – fencing is already present on the property. The primary concerns of the letter are either outside City jurisdiction (avian flu) or can be addressed by our Code Enforcement team via Sec. 31-514 Subd.6 (1) ii. of City Code. This portion of City Code states that “the city may refuse to grant or may revoke a permit if the chickens become a nuisance, as evidenced by a second substantiated violation (within 12 months of a first substantiated violation) of this section of the City Code, or Chapter 38 (Nuisances) of the City Code.” RECOMMENDATION Given that the complaint is primarily concerning potential nuisance issues that are addressed in City Code, Staff recommends that the City Council approve the Chicken Permit. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Chicken Permit at 2002 Fairmeadows Rd. Legend D istance from Neighbor 1 Distance from Neighbor 2 Distance from Neighbor 3 Distance from house Chicken Coop We are applying for 5 chickens, no roosters The backyard is a fully fenced-in yard I work from home and am home the majority of the time allowing them to be supervised. Winter: Insulated Coop, Heating Lamps, Heated Water Dishes, we bought a shredder to be able to shred paper and help with the bedding, Summer: Kiddie pool, fans, window in coop, screened run, dust bowls, North 7 5 Feet South " ,., 41 ~ □ • " I . ' ... I I ~t l _ ... !lia Chicken Coop Dimensions 20 feet long (included in the chicken run) 10 feet wide 8 ft tall (We are using this same coop we know has been successful with 5 hens, approved from the city and safe from predators. Dear Katriona Malasky, It has been brought to my attention that a member of my neighborhood , living at 2002 Fairmeadows Rd , would like to begin the process of housing chickens on their property. This is something that I would like to oppose, as I have a variety of concerns surrounding this issue. First , I would like to address concerns surrounding safety measures that protect the residents of my community against any damage or ailment that could be caused by the animals or retribution coming from their owner, should something happen to any animals that leave the property. This includes questions about what the protocol would be if these animals were to escape into the neighborhood . I would like reassurance that the animals are able to be identified and connected to their owner, should they cause damage to surrounding property or be found outside of the property and in a place that one might deem unsafe to residents , their property, or other animals that reside in the area. This may require mandated leg bands on the birds so that they can be connected back to their owner. I would also like to confirm that there are protocols which apply to birds within the city limits, should there be an outbreak of avian flu or other bird-borne disease at any surrounding poultry farms in Washington County that could result in a state directive for all of the birds to be destroyed. Secondly, I have concerns surrounding the upkeep of the residential landscaping. Per the laws that surround the keeping of farm birds, they require not only a coop, but a plot of land where they might roam. While this can be accomplished through the use of a chicken tractor, the fencing unit would still be required to be moved, allowing chickens access to the grass. My concern is that this would not only create an unsightly yard, but one that would drive down the value of my own property and those in the area . I have a direct line of sight to the property at 2002 Fairmeadows Road through my kitchen windows and their yard is a sight that I would, personally, be subjected to, on a daily basis. Should the chickens damage the grass in the neighboring yard, it would create a distasteful area that I fear would drive down the value of not only my property but those around it, and could affect my ability to sell my property in the future. I am also concerned that the lack of grass created by the birds could create potential for runoff into the yards of neighbors, affecting their property values, as well. Lastly, I am concerned that there is nothing outlined in the current City Code regarding requirements for the storage of the chicken feed, or repercussions for any circumstances in which poor storage affects the livelihoods of the surrounding community. There is a high probability that vermin, as well as predators could be attracted to the chickens and the feed. There is already a record of a fox den in the backyards of Crestwood Terrace, where a vixen and her kits reside. They have been spotted and photographed many times, wandering the area. Should foxes or other predators begin to be a problem, I have concerns about how they might be dealt with. If this neighbor were to choose poison as an option, the chemicals could be accessed not only by the birds or other animals of this neighbor, but by other curious animals such as the pets of other neighbors or wild animals, including local deer and squirrels, or the animals that feed off of them. The last thing I want to spot in my community is poisoned or dead wildlife or well-loved pets, especially if they were to end up in my yard. To conclude, for the reasons I have listed above, I would like to formally object to the city allowing chickens to reside in this neighborhood. With this, I have made my objection to you, the Assistant City Planner, and to the City of Stillwater. I ~ly, ,_j/ ½fk~(t~<J--- DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Mick Greiner Facilities Manager SUBJECT: Stillwater City Hall Elevator Maintenance Agreement BACKGROUND Otis Elevator has been providing service to the elevators throughout the City buildings for a number of years. RECOMMENDATION Otis Elevator is offering an extension to our current maintenance contract of five (5) years. With that extension they are offering one (1) years’ service at no charge. We would pay for four (4) years and get the fifth (5 th) year free of charge. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING EXTENSION AND AGREEMENT WITH OTIS ELEVATOR. Customer #: 283178 © OTIS ELEVATOR COMPANY, INC., 2024 All Rights Reserved Otis ElevDtor CoQtrDFt E[teQsioQ 03 / 13 / 2024 Equipment Location: 216 N. Fourth St. Stillwater 55082 Stillwater, Minnesota 55082 Contract Number: CL 06005 Hello Mick, In an effort to not only thank you for your continued business, but also to ensure our future relationship with you, Otis Elevator Company would like to offer you one month free for a 5 year extension to your existing maintenance contract term at 216 N. Fourth St. Stillwater 55082. Accordingly, you will receive a credit on your account for one month of free maintenance service and the term of your contract will be extended for five years from the current expiration date. The effective date of this contract renewal offer will be the first day of the following calendar month from the date of your signature approval. Please feel free to call me with any questions. We appreciate your business and look forward to a continued successful business partnership. Sincerely, Thomas Anderson Otis Elevator Company Page 1 of 2 OTIS OTIS Customer #: 283178 © OTIS ELEVATOR COMPANY, INC., 2024 All Rights Reserved The term e[teQsioQ seleFted Zill e[teQd \our FurreQt term E\ the QumEer oI \eDrs seleFted. At the eQd oI the iQitiDl e[teQded FoQtrDFt term, the FoQtrDFt Zill DutomDtiFDll\ reQeZ Ior suFFessive Seriods eTuDl to the e[teQsioQ term seleFted. Either SDrt\ mD\ termiQDte the FoQtrDFt Dt the eQd oI the iQitiDl e[teQded FoQtrDFt term or Dt the eQd oI DQ\ suEseTueQt term E\ giviQg the other SDrt\ Dt leDst 0 dD\s Eut Qo more thDQ 120 dD\s ZritteQ QotiFe Srior to the eQd oI the theQ FurreQt term. The DSSliFDEle disFouQt ideQtiIied DEove Zill Fome iQto eIIeFt oQ the Iirst dD\ oI the moQth IolloZiQg the dDte oI the Fustomer¶s sigQDture DIter the EuildiQg Dddress DQd FoQtrDFt QumEer hDve EeeQ veriIied E\ Otis. Your e[istiQg EilliQg F\Fle DQd Dll other FoQtrDFt terms DQd FoQditioQs shDll remDiQ the sDme. CUSTOMER ASSroved E\ Authori]ed ReSreseQtDtive Otis Elevator Company ASSroved E\ Authori]ed ReSreseQtDtive MiFN *reiQer StillZDter Cit\ +Dll Page 2 of 2 OTIS DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: 2024 Cruisin ’on the Croix Car Show Event Contract BACKGROUND Attached is the event contract for the 2024 Cruisin ’on the Croix car show. The proposed vintage and hot rod car show would be held from 3 p.m. to 8 p.m. on every other Wednesday evening from June 12 to September 18, 2024, for a total of 8 dates. The event organizer has requested to use the same parking lots that were approved last year including: Parking Lot 8B, Lot 9, and Lot 11. The event organizer shall be charged for city services, materials rendered and parking lots used according to the current 2024 fee schedule. RECOMMENDATION City staff recommends approving the 2024 Cruisin’ on the Croix Car Show. ACTION REQUIRED: If Council wishes to approve the event, they should pass a motion APPROVING THE 2024 CRUISIN’ ON THE CROIX EVENT CONTRACT. CRUISIN’ ON THE CROIX 2024 CAR SHOW EVENT THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota (“City”), in conjunction with the 2024 Stillwater Cruisin’ on the St. Croix Car Show part of a community wide celebration of the City (the “Event”); and Cruisin’ on the Croix, 1906 Greeley St S, Stillwater, MN 55082, Nonprofit Corporation (Domestic) (“Organizer”). 1. Car Show. The City has encouraged this hot rod and vintage car show in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. The Organizer will not make substantial changes in the layout/format/duration of the Event at any time without advanced notice to the City. 2. Dates and Hours of 2024 Event. Operations are limited as follows: Event Dates: Wednesdays 6/12, 6/26, 7/10, 7/24, 8/7, 8/21, 9/4, 9/18 Set-up time on event dates: 6 a.m. to 3 p.m. Event hours on event dates: 3 p.m. to 8 p.m. Clean-up on event dates: 8 p.m. to 9 p.m. 3. Event/Alcohol. No alcohol will be served during this Event as part of the event. 4. 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. 5. 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. In that Event, the Organization must assist the police in the clearing of the Area. 6. 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 Organizer agrees to pay for the use of parking lot spaces as determined by the Downtown Parking Commission and City Council. No on-street parking to be used. The Event is given use of the following parking lots/spaces: Parking Lots 9, 11 and 8B. 7. City Costs. The Organizer will prepay the City for the estimated costs of the Stillwater Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing shall be received by the City no later three (3) weeks before the Event. 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 is 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. 8. Park Property. 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. 9. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent including toilets to augment the existing facilities, barricades for parking lot 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.  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 work force 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.  Barricade/Reserved Sign Placement. The Organizer will arrange with the Stillwater Police Department, prior to each event, for placement of the Reserved Parking Signs in parking lots (if needed) and shall place reflective standard barricades no later than 6:00 a.m. on Event Dates at the approved parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure or parking spaces reserved for the Event.  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.  Electricity and Water. Each electrical box needed for the Event will be opened by the City on the Event Dates. 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. The City shall provide the Organizer a key for the water shut off valve (if needed). The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key.  Cleanup/Removal. Organizer shall remove all barricades by 10:00 p.m. the day of each event. Organizer shall remove trash, additional trash enclosures no later than 10:00 a.m. the next day following each Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Vendors. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots.  The Organizer agrees that the Stillwater Fire Department and Washington County Department of Health and Environment will inspect any vendor using cooking facilities for safety. The Event Organizer agrees to pay directly to the agency/person doing the inspection for inspection costs (if any).  The Organizer agrees to ensure that all vendors wastewater be discharged into a holding tank approved by Washington County Department of Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the 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. 12. Insurance, Hold Harmless, and Indemnity. The Event 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. Event 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 Festival 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 three (3) weeks before the Event. 13. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 19th day of March 2024. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, Its City Clerk CRUSIN' ON THE CROIX riinn, President ~?' • • -• -• • • I - ! DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Katriona Molasky, Assistant City Planner SUBJECT: Permanent Drainage and Utility Easement at 101 and 1xx Hazel St. E BACKGROUND The City has received a request from a property owner to adjust a lot line located between 101 and 1xx Hazel St. E. Per City Code, a lot line adjustment may be approved upon review of a survey and legal description by a registered land surveyor showing the original lot and the proposed adjustment. The lot line adjustment may be approved, provided the new line will not cause the other remaining portion of the lot to be in violation of the Zoning chapter/Subdivision Ordinance. The proposed adjustment is in compliance with the bulk dimensional standards for the Zoning District (RA: One family Residential) and will not be in violation of the Zoning Code. Further, the applicants have submitted sufficient legal descriptions and survey documents to approve the lot line adjustment. Therefore, the lot line adjustment can be approved administratively. City Council approval is required for the execution of Permanent Drainage and Utility Easements associated with the lot line adjustment. Attached are the Permanent Drainage and Utility Easement Agreements to be signed by the City of Stillwater. This agreement grants and conveys unto the City, a permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto (hereinafter “Permanent Easement”) under, over, across, through and upon that real propert ies as described. RECOMMENDATION Staff recommends approval of the executed Permanent Drainage and Utility Easement for the lot line adjustment of 101 and 1xx Hazel St. E. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to approve the Permanent Drainage and Utility Easement. PERMANENT DRAINAGE AND UTILITY EASEMENT The undersigned Landowner for and in consideration of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City of Stillwater ("City") a permanent easement ("Permanent Easement") under, over, across, through and upon the following described land situated in the County of Washington, State of Minnesota, to wit: PROPERTY DESCRIPTION: Real property in Washington County, Minnesota, described as follows: That part of the following described property lying west of the east 75.00 feet thereof: Lot 1; the North 1/2 of Lot 2; all in Block 46, and that part of the west half of Vacated North Third Street as dedicated in the plat of CARLI & SCHULENBURG'S ADDITION, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota, lying south of East Hazel Street and north of the north line of the South Half of said Lot 2 and its easterly extension. (Abstract) ("Landowner's Property"). PERMANENT EASEMENT DESCRIPTION The Landowner does hereby grant and convey unto the City, its successors and assigns, the following: A permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto (hereinafter "Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit A, and depicted on Exhibit B (hereinafter the "Permanent Easement Area") attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, any utilities, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities any utilities, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and ( c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any haz.ardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or their successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. 2 The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that they are well seized in fee of the Landowner's Property described above, the Permanent Easement Area described and depicted on Exhibit A and has good right to grant and convey the Permanent Easement herein to the City. This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. [Remainder of this page has been intentionally left blank] 3 CITY: CITY OF STILLWATER By: -------------- Ted Kozlowski Mayor B y : _____________ _ Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this __ day of ______ ~ 2024, 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 4 LANDOWNER: Kathleen M. Middleton Revocable Trust, da cd December 9, 1997, as amended eton STATE OF MINNESOTA ) ) ss . COUNTY OF WASHING TON ) The foregoing instrument was acknowledged before me on ~ day of n~ , 2024, by George I. Middelton, a trustee of the Kathleen M. Middleton Revocable T rust, dated December 9, 1997, as amended. NANCY R. MANOS NOTARY PUBLIC· MINNESOTA CGmmlssbn Expires Jan. 31, 2025 This instrument drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, Minnesota 55121 5 EXHIBIT A LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for Drainage and Utility purposes over under and across that part of the following described property: That part of the following described property lying west of the east 75 .00 feet thereof: Lot 1 ; the North 1 /2 of Lot 2 ; all in Block 46, and that part of the west half of Vacated North Third Street as dedicated in the plat of CARLI & SCHULENBURG'S ADDITION, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and ofrecord in the Office of the County Recorder of Washington County, Minnesota, lying south of East Hazel Street and north of the north line of the South Half of said Lot 2 and its easterly extension. said easement is described as being: 1. the northerly 10.00 feet thereof; 2. the easterly 5.00 feet thereof; 3. the westerly 5.00 feet thereof; 4 . and the southerly 5.00 feet thereof. A-1 EXHIBITB DEPICTION OF PERMANENT EASEMENT AREA-PARCEL A E. HAZEL STREET ) ,,i "I J I, ' I,' I ll ' . ' ' ' ' PARCEL A . ' -1 i ;' .•: ! I I .- •, I 11 ... : I I , 99.55 S D+U --//7 ,,_ ·. ,'• I I PARCEL .B :-' . .., i, --,i .!. I .,. .. I 75.00 1 0 1 / ., :::::, + 0 U"\ ! I I -I \ I I'. \ : 't ' ,, ',, : ' ..:....'I I ___ I _j 1- DENOTES DRAINAGE & UTILITY EASEMENT / CERTIF ICATI O N : <+ ________ ._ I hereby ce"if)• that th is suNey, plan or report was prepare-d by me or under my di reel supervision and that I am a dufy licensed Land Surve'(Or • Qr.-,40 ~~ License. No. 2 5 7 I 8 NORTH Date 2-14-24 B-1 sun~•~o 1!lTD Nor1JWl~A>e. GU:'Y'3'!er, ldN 5:-062 Pn.one 651.275 8959 113n~J Nl!'i .net +- CORNERSTONE LAND SURVCYING, INC PERMANENT DRAINAGE AND UTILITY EASEMENT The undersigned Landowner for and in consideration of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City of Stillwater ("City") a permanent easement ("Permanent Easement") under, over, across, through and upon the following described land situated in the County of Washington, State of Minnesota, to wit: PROPERTY DESCRIPTION: Real property in Washington County, Minnesota, described as follows: The east 75.00 feet of the following described property: Lot 1; the North 1/2 of Lot 2; all in Block 46, and that part of the west half of Vacated North Third Street as dedicated in the plat of CARLI & SCHULENBURG'S ADDITION, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota, lying south of East Hazel Street and north of the north line of the South Half of said Lot 2 and its easterly extension. (Abstract) ("Landowner's Property"). PERMANENT EASEMENT DESCRIPTION The Landowner does hereby grant and convey unto the City, its successors and assigns, the following: A permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto (hereinafter "Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit A, and depicted on Exhibit B (hereinafter the "Permanent Easement Area") attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, any utilities, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities any utilities, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and ( c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or their successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. 2 The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that they are well seized in fee of the Landowner's Property described above, the Permanent Easement Area described and depicted on Exhibit A and has good right to grant and convey the Permanent Easement herein to the City. This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. [Remainder of this page has been intentionally left blank] 3 CITY: CITY OF STILLWATER By: -------------- Ted Kozlowski Mayor By: _____________ _ Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this __ day of ______ ~ 2024, 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 4 LANDOWNER: Kathleen M. Middleton Revocable Trust, da ed December 9, 1997, as amended STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument wa~ acknowledged before me on / 3'i~day of lNLi ~}_ . 2024, by George I. Middelton. Kathleen M. Middleton Revocable Trust. dated ~ecember 9, 1997, as amended. "~ NANCY R. MANOS I NOTARY PUBLIC. MINNESOTA · My Commission Expires Jan. 31, 2025 This instrument drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, Minnesota 55121 5 EXHIBIT A LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for Drainage and Utility purposes over under and across that part of the following described property: The east 75.00 feet of the following described property: Lot 1; the North 1/2 of Lot 2; all in Block 46, and that part of the west half of Vacated North Third Street as dedicated in the plat of CARLI & SCHULENBURG'S ADDITION, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota, lying south of East Hazel Street and north of the north line of the South Half of said Lot 2 and its easterly extension. said easement is described as being: 1. the northerly 10.00 feet thereof; 2. the easterly 5.00 feet thereof; 3. the westerly 5.00 feet thereof. A-1 ., li J ,. - ,. :::i /, 0 . /4-"' • NORTH EXHIBITB DEPICTION OF PERMANENT EASEMENT AREA-PARCEL B £. HAZEL STREET I -". :::, + 1 0 V, ' I :• I I •I PARCEL A , I . / ;c ' 'I [,.. , ,, ,I -' 7 .. ., ) ,,. ~ I I_ .:..I : • I ---•~ I ' • 1· ; I •1 ; l : ! I I _, /I I 11 I I • I 11_, I . 99.SS 5 D+U --,-.7 / : I I ' ,, I 1 1 : ' DENOTES DRAINAGE & UTIU'TY WEMHff D 40 r.-, 75.00 J ' I , • I " i' ' .. /4 CERTIFICATION : I hereby certify that th is survey·. p la n or report was prepared b~ me or under my direct supernsioo and that I .am a. du ly licensed Land Sunre•tor under the la.w~ of the State of ?it::~ Licen s e. No . 2571 8 Date 2-14-24 B-1 I I :::, + 0 I I -i l ' r• .. Gur.e •~o 197C flor:1?11,e,,:em Ave . ~uwa~er , MN 5501!2 ?l\oee &51.275 a959 oan@C66U rver .net CORNERSTONE LAND SURVEYING. INC DATE: March 19, 2023 TO: Honorable Mayor and Council Members FROM: Ben Gutknecht, Planning Manager SUBJECT: CD Case No. 2024-11: Encroachment License Agreement and Liquor License Extension for Outdoor Seating (Union Alley) BACKGROUND The Applicants, Sara Jespersen and Anthony Gilbert, are seeking to renew the Interim Use Permit that would continue to permit the use of the alleyway for outdoor seating along the Lumberjack Building. The Applicant has successfully programmed the alley space in the past, by working with alley-adjacent property owners to clean and outfit the space with seating and lighting during the Covid-19 Pandemic. More recently, In 2023, the applicant successfully programmed the alley space in a more permanent fashion with public art and seating. Because there are no changes to the previously approved Interim Use Permit the renewal can be executed administratively at a Staff level. That said, the Council must act on two ancillary items before the outdoor seating can begin. Attached for your consideration is an extension to the businesses Liquor License for outdoor sale within the alley and a license agreement between the City, Sara Jespersen (The Lumberjack) and Anthony Gilbert (Melt Pizza) to use Union Alley for outdoor seating. RECCOMMENDATION The activation of this space is of benefit to the City, business owners, and residents alike by providing a clean, welcoming and interesting area for people to enjoy. The formalization will provide stability and memorialize the City’s support for the activation of this area. ACTION REQUESTED If the Council concurs with Staff’s recommendation, they should pass a motion to approve the license agreement between the City, Sara Jespersen (The Lumberjack) and Anthony Gilbert (Melt Pizza) and also make a motion to approve the resolution for an amendment to liquor license for additional temporary outdoor license premises. 1 LICENSE AGREEMENT RELATING TO IMPROVEMENTS ON A PORTION OF UNION ALLEY IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS AGREEMENT (“Agreement”) is made, entered into and effective this _____ day of ___________________, 2024, (“Effective Date”) by and among the City of Stillwater, a Minnesota municipal corporation (“City”), and The Lumberjack Company, a Minnesota business corporation and Melt Pizza Company, LLC, a Minnesota limited liability company (jointly referred to as “Licensees”). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.1 City. “City” means the City of Stillwater, a Minnesota municipal corporation. 1.2 City Property. City Property means the following real property: Union Alley right of way that lies between Myrtle Street and Commercial Street, Washington County, Minnesota 1.3 City Improvements. “City Improvements” means the right of way and all utilities lying on, under and through the City Property. 1.4 Cost Differential. “Cost Differential” means the difference between the Pre- License Costs and the Utility Costs in light of the existence of the Licensees’ Improvements. The City’s determination of the amount of the Cost Differential shall be binding on the Licensees. The City’s determination shall be appropriately supported by cost estimates obtained from independent contractors or engineers. 1.5 Licensed Property. “Licensed Property” means the following real property located in the City of Stillwater, Washington County, Minnesota: The northern 152 feet of Union Alley right of way between Myrtle Street and Commercial Street, as depicted on the attached Exhibit A. 2 1.6 Licensees. “Licensees” means The Lumberjack Company, a Minnesota business corporation and its assigns and successors in interest and Melt Pizza Company, LLC, a Minnesota limited liability company and its assigns and successors in interest. 1.7 Licensees’ Improvements. “Licensees’ Improvements” means the removable outdoor dining areas which may contain tables, chairs and ancillary furniture, decorations and other items related to outdoor dining. 1.8 Pre-License Costs. “Pre-License Costs” means a reasonable estimate by the City of the costs the City would have incurred for Utility Costs if the Licensees Improvements did not exist. 1.9 Site Plan. “Site Plan” means the site plan relating to Licensees Improvements, attached as Exhibit A. 1.10 Utility Costs. “Utility Costs” means all costs incurred by the City, (whether performed by the City or its agents or contractors), for the inspection of and access to and repair, maintenance and replacement of the City Improvements located in the City Property and the placement of additional City Improvements in the City Property. Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying the City Improvements, re-compacting the soils over the City Improvements, restoring the City Property area, and all engineering and attorneys’ fees incurred in connection therewith. Utility Costs also include the costs of temporarily removing the Licensees Improvements and subsequently replacing the Licensees Improvements in the City Property, if such costs have not already been paid by the Licensees. ARTICLE 2 RECITALS 2.1 Licensees own businesses adjacent to City Property. 2.2 Union Alley is underutilized as a right of way, is not used for parking and has been an attraction for nuisance activity, trash and graffiti, thereby causing a detrimental impact to the City. 2.3 From 2020-2022, the City granted permission for a portion of Union Alley to be used for outdoor dining under the authority of the Governor’s emergency declaration which had limited indoor dining in 2020 and 2021, thereby significantly impacting the restaurant business in a negative manner. In 2022 and 2023, the City granted permission through a License Agreement for the same use. 2.4 The use of the portion of Union Alley for outdoor dining, specifically by Licensees improved the cleanliness of Union Alley and removed much of the blight and nuisance activity, thereby enhancing the health, safety and welfare of the public. 3 2.5 Licensees have requested the use of a portion of Union Alley for outdoor dining for a limited time in 2024. 2.6 Subject to the terms of this Agreement, the City is willing to allow the Licensees to use the Licensed Property for purposes described herein and for Licensees Improvements to be placed within the Licensed Property if the conditions of this Agreement are met. 2.7 Licensees have applied for and been approved for an Interim Use Permit (“IUP”) to operate outdoor dining on a portion of Union Alley. ARTICLE 3 CONDITIONS 3.1 Term of Agreement. The Agreement shall run concurrently with the IUP, but is anticipated to be from the date of approval of this Agreement through November 1, 2024 (“Termination Date”). If the IUP is terminated, so too is this Agreement. 3.2 Purpose and Use. The purpose and use of the Licensed Property shall be for outdoor dining and live entertainment associated therewith by Licensees. The outdoor dining and entertainment shall be permitted on the Licensed Property concurrently with the IUP. All Licensees Improvements must be removed from the Licensed Property by the Termination Date. If not removed, the City shall remove the Licensees Improvements and all costs associated with removal and storage of Licensees Improvements, as well as any damage to City Property, shall be the reasonability of Licensees. Invoices and payments shall be made as described in Section 3.7. 3.3 Outdoor Dining Hours of Operation/Music/Liquor City Improvements. (a) Hours of operation for the outdoor dining in the Licensed Property shall be between the hours of 10 a.m. and 10 p.m. (b) No amplified music or the use of amplified noise is allowed in the Licensed Property and all outdoor live music or entertainment shall stop by 9:00 p.m., unless an extension of time is approved as part of a Special Event Permit by the City for an event of limited duration. One single amplifier may be allowed for live music or entertainment so long as the amplifier is located on private property, and the amplifier is facing in a northerly direction. (c) Licensees agree to obtain all City and State City licenses and permits to operate in the Licensed Property. If Licensees intend to serve liquor in the Licensed Property, each will need to amend its liquor license to include the additional outdoor serving areas. 3.4 Maintenance of Licensed Property and Nuisance Activity. Licensees agree to maintain the Licensed Property and keep it free and clear of trash and debris, except as placed in proper receptacles. Licensees agree that each will not create a nuisance with excessive noise, trash, smoking or other nuisance activity and will cooperate with all City Staff to address any complaints. 4 3.5 Fee to the City. For use of the Licensed Property, Licensees agree to pay the City a total of $1,080 (approximately $180/month) for the Term of the Agreement, due and payable in full by May 15, 2023. This fee is nonrefundable. 3.6 Construction And Maintenance Of Licensees’ Improvements. Under the terms and conditions stated herein, Licensees, at its own cost, is hereby authorized by the City to make the Licensees Improvements in the City Property. The Licensees Improvements shall only be placed in the Licensed Property and shall not block any building egress. After installation, the Licensees, at its own expense, shall maintain and repair the Licensees Improvements and remove all Licensees Improvements upon termination of this Agreement but no later than the end of the Term. 3.7 City Not Responsible For Licensees’ Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, installation, maintenance, replacement, repair or removal of the Licensees Improvements. 3.8 Licensees to Bear Cost of Relocating Licensees’ Improvements. The City is responsible for the repair and maintenance of the City Improvements in the City Property. The City may require the Licensees at the expense of the Licensees to temporarily remove and subsequently replace the Licensees’ Improvements in the City Property in order for the City to gain access to the City Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City Improvements. If the Licensees do not perform such tasks, the City may perform such tasks and in such case the Licensees shall reimburse the City for the City’s costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Licensees and allow the Licensees twenty (20) days from the date of the written notice to perform the tasks. If the Licensees have not completed the work within the twenty (20) days, then the City may proceed to perform the tasks. Once the City’s costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Licensees. The Licensees must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. The charges shall be divided equally between Licensees. 3.9 Emergency. Notwithstanding the requirements contained in Section 3.7 relating to a twenty (20) day written notice to the Licensees to perform its obligations under Section 3.7, the City shall not be required to give such notice if the City Engineer determines that an emergency exists. In such instance, the City, without giving notice to the Licensees may perform the work and in such case the Licensees shall reimburse the City for the costs and expenses relating to the work. Once the City’s costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Licensees. Invoices and payment shall be made as described in Section 3.7. 3.10 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection, maintenance, repair or replacement of the City Improvements or relating to construction of new City Improvements in the future, then the Licensees shall pay the Cost 5 Deferential to the City. The Licensees must make payment for the Cost Deferential within 30 days after the City has sent a written invoice for the Cost Deferential to the Licensees. Invoices and payment shall be made as described in Section 3.7. 3.11 Remedies. If the Licensees fail to perform its obligations under this Agreement, then the City may terminate this Agreement or avail itself of any remedy afforded by law or in equity. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.12 Indemnification. The Licensees shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Licensees’ Improvements; (b) Installation and maintenance of the Licensees’ Improvements; (c) Failure by the Licensees to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the City Property for Licensees’ Improvements, unless caused by the City’s gross negligence. 3.13 Indemnification. The City shall indemnify Licensees, defend and hold its agents, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys’ fees, that Licensees incur or suffer, which arise out of, result from or relate to the City’s use of the City Property, unless caused by Licensees’ gross negligence. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.1 Continuing Right To City Property. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the City Property. 6 4.2 Risk Of Loss. Licensees and the Licensees understand and agree that the Licensees Improvements within the City Property may be adversely affected by damage caused to Licensees Improvements arising out of the City’s use of the City Property. The parties agree that the City is not responsible for such events; the City shall have no liability to Licensees for such events. Licensees assume the risk of installing the Licensees Improvements in an area where the City Improvements exist. 4.3 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 4.4 Assignment. This Agreement is not assignable without mutual written consent of the parties. Licensees may sublicense a portion of the Licensed Property upon written acknowledgement from the sublicensee that they will comply with Sections 3.2 and 3.3 of this Agreement. Licensees shall retain responsibility for the activity of any sublicensee and shall terminate any sublicense for violations of Section 3.2 or 3.3, at the request of the City. 4.5 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Licensed Property and shall be binding upon the heirs, successors, administrators and assigns of the parties. The obligations of the Licensees contained in this Agreement are joint and several. 4.6 Notices. Notices shall be deemed effective upon delivery to the following: If to City: City of Stillwater Attn: City Administrator 216 Fourth Street North Stillwater, MN 55082 If to The Lumberjack Company: The Lumberjack Company Attn: Sara Jesperson 123 2nd Street North Suite 102 Stillwater, MN 55082 If to Melt Pizza Company, LLC: Melt Pizza Company Attn: Anthony C. Gilbert 516 Nye Street Hudson, WI 54016 4.7 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such 7 amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 4.8 Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 4.9 Headings. The subject headings of the sections this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 4.10 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. [The remainder of this page has been intentionally left blank.] 8 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY OF STILLWATER Ted Kozlowski, Mayor ____________________________________ Beth Wolf, City Clerk 9 THE LUMBERJACK COMPANY Sara Jesperson Title Owner 10 MELT PIZZA COMPANY, LLC Anthony C. Gilbert Title Owner A- 1 EX H I B I T A SI T E P L A N CA ~J::' 23 ' 26 ' Melt Pizza LJ Patio I~ I 0 Lumberjack 32' 0 0068 ' C 0 :::, 5 · :::, z )> 0 0 0 0 0 A-2 EXHIBIT A SITE PLAN (cont.) 0 (.,J I\) "' 0 0 0 Q 0 0) 0 r C 3 CT CD ~- Q) C") ;;,:;- City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR ADDITIONAL TEMPORARY OUTDOOR LICENSE PREMISES WHEREAS, a request from The Lumberjack and Melt Pizza has been received to add temporary outside seating adjacent to their building in Union Alley as an amendment to their liquor license premises; and WHEREAS, the additional outside seating area is temporary and will only be permitted through November 1, 2024; and WHEREAS, the request meets State Statute restrictions that the premises must be “compact and contiguous”; and THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 10 a.m. and 10 p.m. 3. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 4. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 5. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and unless terminated earlier by the Council, shall be in effect through November 1, 2024. THEREFORE BE IT FURTHER RESOLVED, that the Stillwater City Council of Stillwater Minnesota hereby approves the additional licensed premises listed below as contingent above: Doing Business As Licensee Name Premise Address The Lumberjack Company The Lumberjack 123 2nd St N, Ste 102 ACG Hospitality LLC Melt Pizza Company 112 Main St N Adopted by the Stillwater City Council this 19th day of March 2024. CITY OF STILLWATER _____________________________ Ted Kozlowski, Mayor ATTEST: _____________________________ Beth Wolf, City Clerk DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: Stillwater Farmer’s Market Event Contract BACKGROUND The Stillwater Farmer’s Market has local vendors selling their produce and products on Saturday mornings throughout the summer and fall. This is a reoccurring event and will be similar to years past at the Riverview (Vet’s Memorial) Lot. The event organizers also pay for 1/3 of the portable restroom cost for the season. Attached is the Stillwater Farmer’s Market contract agreement. RECOMMENDATION City staff recommends approving the 2024 Stillwater Farmer’s Market Event Contract. ACTION REQUIRED: If the City Council wishes to approve the special event and contract they should pass a motion APPROVING THE 2024 FARMER’S MARKET SPECIAL EVENT CONTRACT. illwater STILLWATER FARMER’S MARKET 2024 AGREEMENT THIS AGREEMENT made this 19th day of March 2024 between the CITY OF STILLWATER, Washington County, Minnesota (“City”) and STILLWATER FARMER’S MARKET ASSOCIATION, c/o Beverly Friendt, its President, 3503 Long Lake Road E, Pine Springs, MN 55115 (“Farmer’s Market”). 1. Location. The City of Stillwater has authorized the Farmer’s Market to use the parking lot located on the corner of Third and Pine Street for the purpose of conducting a farmer’s market where vendors will offer agricultural goods and related merchandise for sale to the public. Substantial changes in the layout/format/duration of the Event will not be made by the Organizer at any time without advanced notice to the City. 2. Dates and Hours of Event. Operations are limited as follows: a. Saturdays, June 8 through October 26 of the year 2024 b. Set-up begins at 6:30 a.m. c. Event Time: 7:30 a.m. – 12:00 p.m. (Noon) d. Clean-up finished by 12:30 p.m. 3. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, Organizer agrees to provide to the City evidence of insurance coverage of at least the amount of the maximum liability of the city as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy “as their interest may appear” by no later than three (3) weeks before the event. 4. Signs. Market signage must be approved by the Community Development Director including the size and location of signs and banners. 5. Parking Lots. Organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer). 6. Portable Toilets/Trash Container. The City will provide a portable toilet for use of vendors and patrons throughout the period of their use. The portable toilet will be located in the upper parking lot on Fourth Street. The Farmer’s Market shall reimburse the City for one–third (1/3) of the seasonal costs of the portable restroom, which is due three (3) weeks before the start of the events. 7. Term. The term of this Agreement will be for one year unless terminated earlier by the City on public safety grounds. 8. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. _ !_~, v!TNESS \.YHEREOF, the parties have set their hands effectve the day and year first written above. .. · CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STILLWATER FARMER'S B~~~d~ Beveriyfendt, SFMA Presiaent - I i } I' -.. ..---.!1!1 i ; ' f ~ ! ~ i: I• f.· t { I !.::6·· 'f-. ., · .. / / <-Z ____ _,,----a:wim::::ia::::;;,os,a;;:1111~. 4.iJi1:IJIICJISliiCf;lili:4HS¢ilf. . C l I l ~;-. ! i :.:_ r ;:..:; i - l I I DATE: March 14, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor License Amendment for Temporary Outdoor Premise Extension at 1240 Frontage Rd W, Acapulco Mexican Restaurant BACKGROUND Acapulco’s located at 1240 Frontage Rd W has requested a temporary premise extension for their Sunday on-sale intoxicating liquor license to host an event in their adjacent parking lot. The outdoor premise area will be used only on May 5, 2024. RECOMMENDATION Staff recommends approval contingent upon receiving all required documentation and notifying MN Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving a RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR TEMPORARY OUTDOOR PREMISE EXTENSION AT 1240 FRONTAGE RD W. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR TEMPORARY OUTDOOR PREMISE EXTENSION AT 1240 FRONTAGE ROAD WEST WHEREAS, a request from Acapulco Mexican Restaurant has been received to add their adjacent parking lot located at 1240 Frontage Rd W as a temporary premise extension to their Sunday On-sale Intoxicating liquor license; and WHEREAS, the request meets State Statute restrictions that the premises must be “compact and contiguous”; and WHEREAS, the temporary outdoor premise area will be used only for an event being held on May 5, 2024. NOW, THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby approves amending Devil’s Advocate Stillwater On-sale Intoxicating liquor license temporarily for additional licensed premises located at 1240 Frontage Rd W for an outdoor event on May 5, 2024 conditioned upon the following: 1. Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED) has been notified. 2. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 3. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 4. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 8 am and 10 pm on said event date. 5. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. § 340A. Adopted by the Stillwater City Council this 19th day of March 2024. CITY OF STILLWATER ____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Beth Wolf, City Clerk Camera: 511 m 45°02'12"N 92°49'33"W 286 m30 m 40x 80 Tent Stage - Encloosed tent with sides. - Emergency Exit will be provided - Fire Extinguisher will be kept by Bar and Food - Generator will be used for all power - Safety cones will be used around tent arer for safety - Generator Emergency Exit Entrance Bar and Food Cinco de Mayo Set Up Acapulco 1240 Frontage Rd W Stillwater, MN 55082 ,;1 r-"' ~ ' , ~ I -. ~ If!' ' , , I e e I I e ■ DATE: TO: FROM: March 14, 2024 Honorable Mayor and City Councilmembers Beth Wolf, City Clerk SUBJECT: Liquor License Amendment for Temporary Outdoor Premise Extension at 225 Main St N, River Siren Brewery Company LLC BACKGROUND River Siren Brewery Company LLC located at 225 Main Street North has requested a temporary premise extension for their On-sale Micro Brewers Taproom liquor license and Special Sunday On-sale Micro Brewers Taproom liquor license to host an event on in their adjacent parking lot north of their building. The Stillwater Planning Commission has issued an Interim Use permit. The outdoor premise area will be used only on Saturday, June 22nd and Sunday, June 23rd, 2024. RECOMMENDATION Staff recommends approval contingent upon receiving all required documentation and notifying the MN Department of Public Safety Alcohol and Gambling Enforcement (AGED) of the premise extension. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving a RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR TEMPORARY OUTDOOR PREMISE EXTENSION AT 225 MAIN ST N. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR TEMPORARY OUTDOOR PREMISE EXTENSION AT 225 MAIN STREET NORTH WHEREAS, a request from River Siren Brewery Company LLC has been received to add their adjacent parking lot on the north side of their building located at 225 Main Street North as a temporary premise extension to their On-sale Micro Brewers Taproom liquor license and Special Sunday On-sale Micro Brewers Taproom liquor license; and WHEREAS, the request meets State Statute restrictions that the premises must be “compact and contiguous”; and WHEREAS, the temporary outdoor premise area will be used only for an event being held on June 22 – 23, 2024. NOW, THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby approves amending River Siren Brewery On-sale Micro Brewers Taproom liquor license and Special Sunday On-sale Micro Brewers Taproom liquor license temporarily for additional licensed premises located at 225 Main Street North for above named outdoor events and only during the term of the Interim Use Permit conditioned upon the following: 1. Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED) has been notified. 2. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 3. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 4. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 8 am and 10 pm on said events. 5. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. § 340A. Adopted by the Stillwater City Council this 19th day of March 2024. CITY OF STILLWATER ____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Beth Wolf, City Clerk F E N C I N G A R O U N D E N T I R E P A R K I N G L O T ( 8 0 ’ X 1 2 0 ’ ) TE N T 40 ’ X 4 0 ’ ST A G E FO O D TR U C K BE E R TR A I L E R TR A S H TR A S H DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: Resolution- Declaration of Surplus Property (Playground Equipment) BACKGROUND City Council has approved the replacement of the playground structures at Lily Lake Park and Staples Park in the 2024 CIP. Given the new standards for playground equipment, this equipment is outdated and has little to no value. There is a company that offered to remove the equipment for free, with the understanding that if they choose to re-purpose it, they are accepting it as-is. The attached resolution declares these assets as surplus property and authorizes their disposal as deemed appropriate by City Staff. RECOMMENDATION Staff recommends approval of the Resolution Declaring Equipment As Surplus And Authorizing The Disposition Of The Same. ACTION REQUESTED Move to approve RESOLUTION ____ DECLARING EQUIPMENT AS SURPLUS AND AUTHORIZING THE DISPOSITION OF THE SAME City of Stillwater Washington County, Minnesota RESOLUTION NO. 2024 XXXX A RESOLUTION DECLARING EQUIPMENT AS SURPLUS AND AUTHORIZING THE DISPOSITION OF THE SAME WHEREAS, the City Council of the City of Stillwater, Minnesota has been advised by the Stillwater Parks Superintendent that the following equipment is no longer needed for current or future municipal operations: 1. 2004 Lily Lake Park Playground Structure & 1999 Swings; and 2. 2000 Staples Park Playground Structure. WHEREAS, when City property is deemed to no longer be needed for current or future municipal operations, it is to be declared surplus property and disposed of in accordance with State Law and the City Code; and WHEREAS, the City Council of the City of Stillwater has duly considered this matter and declares the above listed equipment to be surplus, and of no further need or value to the City. NOW, THEREFORE, be it resolved, by the City Council of the City of Stillwater, as follows: 1. The City Council hereby declares the City-owned property listed above as surplus. 2. The City Council authorizes the disposal of said property in accordance with State Law and the City Code. Adopted by the Stillwater City Council this 19th day of March, 2024. CITY OF STILLWATER ________________________________ Ted Kozlowski, Mayor Attest: __________________________ Beth Wolf, City Clerk DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Cody DeNucci, Assistant Public Works Superintendent SUBJECT: Approving Concrete Installation at Northland Hockey Rink for Temporary Skate Park BACKGROUND The City of Stillwater is temporarily moving their skate park to Northland Park because of the removal of the skate park to the South of the Stillwater Rec Center. In doing so, staff believes the best way to go about this is to turn the hockey rink at Northland park into a temporary skate park in the summer. To make the hockey rink accessible for a skate park the hockey rink would need to have concrete installed. This will also help with the making of ice in the winter months and create a better rink for users. Staff has received three quotes for installing concrete at the hockey rink, with the lowest quote being Vinco Inc. for $107,500. Staff has funding available in the 2024 Parks Capital Outlay. RECOMMENDATION It is recommended that Council approve the contract with Vinco Inc. for the installation of concrete at Northland Hockey Rink ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH VINCO INC. FOR THE INSTALLATION OF CONCRETE AT NORTHLAND HOCKEY RINK 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 19th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Vinco Inc., 18995 Forest Blvd N., Forest Lake, MN 55025 (“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; Northland Hockey/Skate Rink - Concrete 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 3/1/24, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 2 3. TERM. The terms of this Agreement expire 3/19/2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Cody DeNucci 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 Mark Jay to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Vinco, Inc. 216 4th Street North 18995 Forest Blvd. N Stillwater, MN 55082 Forest Lake, MN 55025 Attention: Cody DeNucci Attention: Mark Jay Or e-mailed: cdenucci@stillwatermn.gov Or emailed: m.jay@vinco-inc.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk CONTRACTOR Project Description: Northland Hockey/Skate Rink -Concrete 5 Item# 1 2 3 4 if lwater e=== Mobilization/Demobilization Excavate and prep (grass/black dirt) Northland Hockey Rink: Concrete Item Sub-cut and add 6" of compacted class 5 gravel base (recommened amount) Concrete hockey rink with 3F52 mix ( MN DOT flatwork 4500# mix), 6" with reinforcement -Rink is 181.5 'x 78' with rounded corners City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4100 Public Works Department 651-275-4112 Fax Unit Quantity Unit Price Total LS 1 I Ooo I ,eJa7. LS 1 .Sj(Jd !,', {!JfJd1 I SF 14000 I -le/. o:,e:J. SF 14000 G,, ,s-~7.~GJO. .. , _. - Total II - Contractor's Anticipated Start Date: ___/11 ~ e, ,-J (,I l\f'G., /4 <a f)._ '-l Contractor's Anticipated End Date: j I() f '-( i.< <2 ~ '-/ Notes: *IC 134 must be submitted prior to final payment *Responsible Contractor Form must be submitted with quote *Bids due to the City of Stillwater on 3/8/2022 at 10:00 AM *All bids must be submitted on the City's proposal form and be a complete proposal *Bids may be submitted by mail, email, fax Attn: Cody DeNucci *Questions? Contact Cody DeNucci at 651-275-4101 *Bids should be labeled: Northland Hockey Rink: Concrete *The City of Stillwater reserves the right to add or subtract quantities *Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date Date: 3 -J -;;:{, <-/ ---=---'----....:...----------Company Name : __ 1/J_-..:../..N;:;....;;.....;C;;;..·..;;;.o_,._..=~:c....:...::;_...:C...=:;_ ___ _ Print Name: />1 Ci../1 ~ 'g ' .J ==t Address: ....:./....o:<jj:.....9,:;....CZ.::....::>:::...___,_,·~=('6;--=:..<../--'B..::::....:...;f v::....,ol.a::.=.._ Signature: --~/J1-c-L-~----~-.,.,,..~-+-------- Title: S r-, '? 1a J-e G f-@c::v-dy -d' Phone: ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: NtJ c#, farJol H(!Jv/4,y 'K-1-v/t: t!.o,Jc re,-k 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 of6 (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 3268. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order/ (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;• * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat.§ 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. 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) I have included Attachment A-1 with my company's solicitation response, and 3) if my company Is awarded a contract, I will also submit Attachment A-2 as required. Authorized Signature of Owner or Officer: Printed Name: /JI~~ /Ylark ~ j a--1 Title : ~ Date: >r, ? ro1~ c✓ f /Jf e:l/1/a. q -u-3--1-2'-{ f Company Name : Vf/vCo, 'LJG 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 of6 ATTACHMENT A-1 FIRST-TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: __ _;.N____;;_;or:........;_1-h_lcvv~cLc......;..__N_<i:>_c._~--"--'----'-·;2_,;_Al--'k....:.. __ c__cQJ../_c._rt;__k_ 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 Name of city where company (Legal name of company as registered with the Secretary of State) home office is located D /}-Nr/if ~G, 5:, Sf, ?~v I S pi,c. K. N eSS / So Al S Hvqo Rev. 11-13-2014 Page 4 of6 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: N <Jr -rh /t'(,...rd f/(!)e,J(..,1 'J..,.,,J/,( (}_wJ c~-1-e- 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) home office is located Rev . 11-13-2014 Page 5 of6 ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) home office is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat.§ 16C.285. Authorized Signature of Owner or Officer: Printed Name: /YlarJc ~, j Title : Date : Sr. ? (7;JJ~c. + Compa~y Jame: V1Aic...o Rev. 11-13-2014 Page 6 of6 DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: Approving Contract for Owen Street Well House Repairs BACKGROUND The City’s well house located on Owens Street is in need of repairs. A Contractor will be replacing the front door, two double hung windows, removing rear double door frame in the opening and install siding and trim. The City received two quotes, the lowest from St. Claire Builders for $7,396.00. Funding for this project will be paid out of the Utilities Operating Budget. RECOMMENDATION It is recommended that Council approve the contract for repairs at the Owens Street well house with St. Clare Builders. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH ST. CLAIRE BUILDERS FOR WORK ON OWENS STREET WELL HOUSE REAPIRS 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 19th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and St. Claire Builder LLC, 808 3rd St. S, Stillwater MN 55082 (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Owens Street Well House Repairs 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 3/7/24, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 2 3. TERM. This Agreement expires on 3/19/2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Robert Benson to act as the City’s representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Dan St. Claire to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater St. Claire Builders LLC 216 4th Street North 808 3rd St. South Stillwater, MN 55082 Stillwater, MN 55082 Attention: Robert Benson Attention: Dan St. Claire Or e-mailed: rbenson@stillwatermn.gov Or emailed: danstclaire@yahoo.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk CONTR.\CTff .. l Project Description: Owens St. Well House Repairs 5 St. Claire Builders, LLC 808 3rd Street South Stillwater, MN 55082 US (612) 810-4862 danstclaire@yahoo.com Estimate ADDRESS Stillwater Water Dept ESTIMATE #1125 DATE 03/07/2024 ACTIVITY AMOUNT 1031 Owens St N Stillwater Windows & Ext Doors replace front door - same style as existing replace front and rear double hung windows- same size frame in 2 rear door openings , install siding and trim as needed ****Painting is not included in the estimate!! 7,396.00 TOTAL $7,396.00 Accepted By Accepted Date ...... ST. CLAIRE BUILDERS I LLC New Construction & Renovation DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: 2024 Portable Restroom Contract BACKGROUND City staff received bids from three companies for the 2024 portable restroom contract. LRS Portables, dba Jimmy’s Johnny’s submitted the low bid at $ 10,484.19. This was based on the Grand Total including Summer season, Winter season and Events (4th of July Celebration). RECOMMENDATION: City staff recommends approval of the 2024 contract for portable restroom service with LRS Portables, dba Jimmy’s Johnny’s. ACTION REQUIRED: If Council wishes to approve the contract, they should pass a motion approving the 2024 Portable Restroom Contract agreement with LRS Portables, dba Jimmy’s Johnny’s. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 19th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and LRS Portables dba Jimmy’s Johnny’s, 39578 Grand Ave, North Branch, MN 55056 (“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 Portable Restrooms 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: 1. 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 4/15/24, 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. This Agreement expires on 4/15/2025. 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. (Stillwater ~~ -' The Birthplace of Minnesota .) 2 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 Chad Rogness, 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 Courtney Collins, 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. 3 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 4th Street North Stillwater, MN 55082 Attention: Chad Rogness Or e-mailed: crogness@stillwatermn.gov If to Consultant: LRS Portables dba Jimmy’s Johnny’s 39578 Grand Ave North Branch, MN 55056 Attention: Courtney Collins Or e-mailed: ccollins@lrsrecycles.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as 4 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 By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: LRS PORTABLES OBA JIMMY'S JOHNNY'S By :~~LI.L:IL.....:O"'-+-'v...=l.,,,..l.:~~~:......lo."--~-4- lts: --...Jl+-\,.,.._......, ........ ---+>........,"""--"'--'--",=;,r,t-"""'-,\--=...;_ Project Description: 2024 Portable Restrooms s CITY OF STILLWATER 216 N. 4TH STREET STILLWATER, MN 55082 651-275-4100 Public Works Department PORTABLE RESTROOM PROPOSAL 2024 Proposal Due, March 1st, 2024 at 10:00am No. of No. of Regular ADA Price Per Unit TOTAL Date(s)Units Units EVENTS - each unit requiring service each day unless otherwise noted 4th of July Celebration Pioneer Park 7/4 4 $70.00 $280.00 Lowell Park 7/4 19 $70.00 $1,330.00 Lowell Park 7/4 1 $85.00 $85.00 Kolliner Park (Daily Service Not Required)7/3 - 7/7 1 $70.00 $70.00 Vets Memorial Site 7/4 1 $70.00 $70.00 EVENTS TOTAL 25 1 $1,835.00 SUMMER SEASON - each unit requiring 1 service per week Regular Service Units *4/15 - 10/15 15 $60.00 $5,430.00 Regular ADA Service Unit **4/15 - 10/15 3 $80.00 $1,448.31 SUMMER SEASON TOTAL 15 3 $6,878.31 WINTER SEASON - Browns Creek Park 10/15 - 4/15 1 $80.00 $485.44 Dog Park 10/15 - 4/15 1 $60.00 $364.00 Northland Park 10/15 - 4/15 1 $80.00 $485.44 Sunnyside parking Lot 10/15 - 4/15 1 $60.00 $364.00 WINTER SEASON TOTAL 2 2 $1,698.88 WINTER ADDITIONAL Lily Lake Tennis Courts 11/18 - 12/23 1 $60.00 $72.00 GRAND TOTAL (BASIS OF AWARD) (Events, Summer, & Winter Season Totals)$10,484.19 Extras Additional Event upon request per unit Per Week varies $70.00 Additional Event ADA upon request per unit Per Week varies $85.00 Additional Service per week (2X a week)Per Week varies $35.00 Additional ADA Service per week (2X a week) Per Week varies $45 Additional Hand Wash Station per unit Per Week varies $70.00 Date:__3/1/2024____________________________________ Company Name: LRS Portables dba Jimmy's Johnny's Address: 39578 Grand Ave Signature: __Courtney Collins ________________________________North Branch, MN 55056 Title: _____Office Manager_________________________________Phone:651-277-7368 *Locations : Benson Park, Bergmann Park, Brown's Creek Park, JC Dog Park, Lily Lake Tennis Courts, McKusick Park, Millbrook Park, Millbrook Park West, Northland Park, Old Athletic Field, Public Works Park, Ramsey Grove Park, Staples Park, Sunrise Park (Co. Rd 5 soccer field), Sunnyside Parking Lot Notes: Vandalism/Graffiti will be corrected within 24 hrs of notification with no additional cost to the City. Price includes Hand **ADA Locations: Vets Memorial Site, Northland Park, Brown's Creek Park illwater ------ofPubnc Worla )     DATE: March 12, 2024 TO: Honorable Mayor and City Councilmembers FROM: Stuart W. Glaser, Fire Chief SUBJECT: Staffing for Adequate Fire and Emergency Response (SAFER) Grant BACKGROUND The U.S. Department of Homeland Security, Office of Domestic Preparedness is in the process of accepting applications for the Staffing for Adequate Fire and Emergency Response (SAFER) Grants. The purpose of this program is to award funding directly to fire agencies to hire additional firefighters to provide 24-hour staffing and enhance the department’s ability to meet minimum staff response standards. The 2023 SAFER Grant is a 36-month performance period to hire firefighters. Details of the grant include, but are not limited to: 1. No local matching fund requirements – 100% grant funded 2. No ongoing commitment upon grant duration period 3. Grant award dates are estimated to occur starting July 2024 and ending September 2024. 4. Performance period would commence on date of award and continue for 36 months 5. The application deadline is Friday, April 12. As you know, the recent study conducted by Fitch & Associates outlines a staffing plan designed to meet a 4-person minimum 24-hour staffing standard. In addition, the Council accepted the study and was recently presented the Department’s workplan designed to work on meeting the study’s recommendations. RECOMMENDATION Authorize the Department to apply for the 2023 SAFER Grant. ACTION REQUESTED Council approval of attached resolution.   City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION APPROVING STILLWATER FIRE DEPARTMENT APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT TO HIRE ADDITIONAL FIREFIGHTER PERSONNEL WHEREAS, the City of Stillwater Fire Department provides services to the City of Stillwater and surrounding communities, including Stillwater Township, City of Grant, and May Township, covering an area of 53 square miles and serving a population of 28,000; and WHEREAS, current Stillwater Fire Department staffing provides for 2-3 on-duty firefighters on a 24/7 schedule and additional firefighter staffing would provide for a more optimum fully staffed 4-person fire engine crew 24/7 to better serve Stillwater and surrounding communities for emergency response and fire-related hazards; and WHEREAS, the FEMA SAFER grant will fund firefighter positions that will allow the Stillwater Fire Department to provide a 4 person fully staffed fire engine crew on a 24/7 schedule versus the current staffing level of 2-3 firefighters on duty in order to better respond to emergencies and provide Stillwater and the surrounding communities served by the Fire Department with adequate protection from fire and fire-related hazards; and WHEREAS, the FEMA SAFER grant provides firefighter funding for a three-year period and does not require a city cost share or a maintenance of effort commitment beyond the SAFER Program end date. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota hereby approves the Stillwater Fire Department’s application for the FEMA SAFER grant to hire 4 additional firefighter personnel for a three-year period; and BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater also agrees to the terms of implementation and administration of the SAFER grant if awarded and authorizes the Mayor of the City of Stillwater to sign all necessary documents for the SAFER grant application on behalf of the City of Stillwater. Adopted by the Stillwater City Council this 19th day of March, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: Stillwater Half Marathon 2024 Event Contract BACKGROUND Run Stillwater, Inc. has submitted a special event application to host the 2024 Stillwater Half Marathon Event on Saturday, May 25, 2024. The proposed event is planned to be the same as last year’s event. The event features a Half Marathon, 10K and 5K certified races. The races will have three different starting points and finish at Pioneer Park, where post-race activities will occur. There will be shuttle busses running from Mulberry Circle in the morning to shuttle participants to the starting lines from 6:00 am to 7:40 am. Fees for this event will be charged according to the 2024 Fee Schedule and will be due 30 days prior to the event. The Organizer must provide all insurance, coordinate with City staff, pay for any City services and materials. RECOMMENDATION City staff recommends approving the 2024 Stillwater Half Marathon. ACTION REQUIRED Upon satisfactory review of the event application, route maps and site plans, if Council wishes to approve the special event, they should pass a motion APPROVING THE STILLWATER HALF MARATHON 2024 EVENT AND CONTRACT WITH RUN STILLWATER, INC. Attachments: Contract Agreement and Site Plan. r i()water --<......._ ~~ T HE B I R T HP L A Cf O f M I NN E S O 'I A ~ STILLWATER HALF MARATHON EVENT AGREEMENT WITH RUN STILLWATER, INC. THIS AGREEMENT (the “Agreement”) is made this 19th day of March, 2024 between the CITY OF STILLWATER, Washington County, Minnesota (“City”), and RUN STILLWATER, INC., a Minnesota corporation (“Organizer”), 5055 Normandale Ave. N, Stillwater, Mn 55082. 1. Stillwater Half Marathon, 10K and 5K. The City hereby authorizes Organizer to organize and conduct a race to be known as the Stillwater Half Marathon (“Race”) in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: May 25, 2024 (5:00 am to 7:30 am) Event: May 25, 2024 (7:00 am to 11:00 am) Cleanup: May 25, 2024 (10:00 am to 12:00 pm) The Race. The “Race” will include a Half Marathon, 10K and 5K race 3. Course for the Race. (a) Half Marathon Course. Event starts at Gateway Trail and proceeds to Norell Ave. Right on path on east side of road to Stonebridge Trail. Straight (S) on path on east side of road to St. Croix Ave. Left (E) to William St. Right (S) to Laurel St. Left (E) to finish at Pioneer Park. (b) 10K Course - Starts on Myeron and goes south to join the Half Marathon Route. (c) 5K Course. The race will start at Brown’s Creek Park and run on city streets to County Highway 96. At State Highway 96, the 5K course will join the Half Marathon/10K Route. (d) Changes in the Race Course or Start and Finish Lines that deviate from the Race Course described in this section may be made only by agreement of the Parties, and far enough in advance of the Race to allow for public input, public safety and health considerations to be smoothly adapted to any changes. 4. Parking Control. The purpose of the Parking conditions is to ensure that Downtown businesses retain parking availability for their customers during the Race or during pre- race packet pickup. To further this purpose, Organizer will: i. Promote remote parking by Race participants by including a parking map and information, along with confirmation cards sent to all Race participants, and on other pre-Race promotional literature. ii. Organizer must submit a traffic control and participant parking plan for review and approval to the Police Chief and Public Works Director by May 3, 2023. The plan must address and mitigate parking congestion in the Downtown, in order that businesses in the Downtown are not inconvenienced by Race congestion. iii. Traffic Control Points. The intersections of all streets and roads on the Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed to cross the course at every intersection, runner traffic permitting. Prior to the Race, the Organizer will place a designated running lane along parts of Owens St and along parts of Laurel Street as approved by the City’s Chief of Police. iv. In addition, Race staff will assist residents with access to their driveways by escorting them to the nearest cross street, runner traffic permitting. Residences with homes on the course will receive a direct mailing from Organizer informing them of specific Race timelines and will be given a direct “hot line” number to reach on Race day. Further, on the night before the Race, Organizer will attempt to make personal contact with owners of vehicles that appear to be parked on the Race course. This will be done in conjunction with the Stillwater Police Department. Every effort will be made to minimize or even eliminate the involuntary towing of vehicles because of the Race. 5. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, MN State Patrol, Washington County, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the race) and must submit copies of permits to the City from other agencies by May 3, 2024. 6. Contact Information. Organizer shall provide updated accurate phone numbers and specific details on who and what dictates weather cancellations or delays 7. Participant Count. Organizer shall provide Public Safety and EMS accurate participant numbers as of May 3, 2024. 8. Required Information, Meetings, and Documentation. Organizer agrees that failure to provide required information and documents to the City is just cause for the City Council to terminate the agreement and cancel all races. 9. Public Safety Requirements. The organizer agrees that City has the right to increase the requirements to public safety resources based on participant numbers, threats, or weather conditions and any associated City costs will be paid for by the Organizer. 10. Water Stops and First Aid Stations. Water and first aid stations will be established at the start, finishes, and throughout the race course in keeping with National Race Standards for Races. 11. Emergency Plan. The Race emergency plan will be designed by the Organizer with the assistance of Lakeview Hospital Emergency Services. The plan will meet MN State Fire Code per Section 403 Public Assemblage and Special Events along with recommended EMS Guidelines for Special Events and Mass Gatherings Medical Care per Regions Hospital Emergency Medical Services and include: a. Number and location of Law Enforcement personnel b. Number and location of EMS resources on hand and dedicated to the event. c. Specify by name on the plan, who is responsible for event decisions on the approval or cancellation of the event due to weather and needs to utilize and identify the specific criteria they will base their decision (e.g., wet bulb temperature, lightning in the area (how determined and what is the criteria), etc. The City or Public Safety is not responsible for this decision. d. Plan must contain contact (names and cell phone) information on the plan. This complete plan must be received and approved by the City no later than May 3, 2024. 12. Food, Liquor and Vending. Organizer will not provide commercial food, liquor or vending, nor will they license others to provide these services to race participants in City parks. This provision does not prevent Organizer from providing free standard recovery food and nonalcoholic beverages to Race participants. 13. Closing of the Course. All traffic signs, barricades and cones will be removed by Organizer and the Race courses closed by 3 p.m. on Tuesday May 28th. Any remaining after such time will be removed by City and all labor and storage fees will be paid for by the Organizer. 14. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement. The organizer must provide the City satisfactory proof that is has obtained liability insurance that names the Event and the City as an additional insured, as loss payees, in an amount of at least $1,500,000 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of both Event and Liquor liability coverage as described in Minn. Stat. §340A.409, subd. 1 with regard to the event. This must be provided to the City by May 3, 2024. 15. Public Information. Organizer will make every reasonable effort to notify property owners and businesses along the Race courses of any restrictions that might be placed upon their movements during the Race. Leaflets providing this information must be delivered to each such owner by mail one week before the race and delivered to the mailbox of each owner on the Friday before Race day. 16. Public Safety Meeting. Organizer will make arrangements to meet at Stillwater City Hall with Public Safety officials of Stillwater Police and Fire and Lakeview EMS for a pre-race meeting before May 21, 2024. 17. Police Power. The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 18. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Race or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment and services) shall be received by the City no later than May 3, 2024. Failure to make the payment will result in cancellation of the event. In the event of a cancellation of this Race after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Race, before returning the balance to Organizer. 19. City Services. The type and amount of City services and materials needed for the Event will be determined by the Parks Superintendent. The Organizer must provide portable toilets to augment the existing facilities, barricades for street closure, and trash removal. (a) No Parking signs. The Organizer may contact the Stillwater Police Department to arrange rental of materials and will be charged according to the City of Stillwater Event permit fee schedule. Organizer will be responsible for any overtime costs to place and remove No Parking signs along the route of the event. (b) Portable Toilets. Organizer will provide portable toilets that will be placed in the gravel lot behind Pioneer Park band shell, and spotted throughout the course in keeping with Standard Race Requirements. The number of portable toilets will be established in consultation with the Parks Superintendent. As needed, the Organizer shall also stock and restock the existing restroom facilities in Pioneer Park and Pedestrian Plaza during the event with supplies provided by the City. If portable toilets are privately contracted, they will be removed by the close of business on Monday following the event. In the event that all portable toilets are not removed before the close of business on said Monday, the City is authorized to contract for and remove the toilets and add to costs so incurred to the costs that Organizer is required to pay pursuant to Item No. 18 of this Agreement. (c) Barricade Placement. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on date of event at the intersection of 2nd Street N and Cherry St W, 2nd Street N at Wilkins St, and Laurel Street at 3rd St as designated by the road closure plan submitted for approval. This will inform users of the street closure for the Event. (d) Trash Enclosures. The Organizer shall use dumpsters or roll-off boxes at Pioneer Park and provide 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. 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. (e) Rubbish Removal. All garbage and refuse generated by the Race, including that left by spectators along the route, will be placed in dumpsters at Pioneer Park as directed by the Public Works Superintendent. 20. Term. The term of this Agreement will be for one year unless terminated earlier by the City on public safety grounds. 21. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, Its City Clerk /10K Aid Station: Gatorade, water and portable toilets Mile Marker Recommended spectator viewing 1 7:00 1/2 Marathon Course Map Race Start Time Mile2 ~ ~ l z V ~ ~ V '@ ~ ........ START "Absolutely No Pa rking or Drop -Offs at the Start Line ELEVATION F EET 11 00 1D00 900 800 ~ - MILE ---, 2 MILES ,r---,--._ - 3 MILES Hwy 12 Hwy36 ,,.. ---- Mile6 Aid Station Hwy96 F tne Fo tnt Yar!e Dellwood Rd z SK START '--' ~ ~ r---/ ~ ,,....__ 4 5 6 7 8 9 10 MILES M ILES MILES MILES MILES MI LES MIL ES I --.. ■M il e 8 A i d Station Mile 10 ■ A i d Stati on ■M i le 12 q Aid Station ~ c; .P ..g Sr Croix Ave W 1) ~ I:::: [ Park ■ rt ·*• -~ 11 MILE S Z Laurel Sc W • \ FINISH D owntown St illwater --~ / ---r"'I 12 13 MILES MILES Stillwater Half Marathon-5K: Course Control Plan Page 1 SHM 5K Shuttle Drop-off Location at Brown’s Creek Park M = Course Marshal P = Police = Coning McKusick Rd N Brown's Creek ~ Nature Preserve Brown• ·1 s Creek State 1ra1 Brown's Creek Park II w,c¥--usic-4-"2 0- McKusick Rd ; Brown's creek state ,rail Stillwater Half Marathon-5K: Course Control Plan Page 2 M = Course Marshal P = Police = Coning Runners merge with Half Marathon/10K course Half Marathon/10K runner running south Swenson St Oak Glen Ln ¥-.usicf.,.., "1-C .'0- 0 -McKusick Rd N 0 n, 7' G) ro ::::, 0 .... QJ • • • • • 90th St N ~ oqkhill Dell · -----;-;;wn's Creek State Trail----- c,'- Johns0<' Stillwater Half Marathon-5K: Course Control Plan Page 3 M = Course Marshal P = Police = Coning Moore StW )allager Ct Sycamore St W St Croix Ave W Stillwater Ave W , Wilkins StW Wilkim Aspen St W Stonebridqe _ Elm StW Stillwater Half Marathon-5K: Course Control Plan Page 4 M = Course Marshal P = Police = Coning t,,,,veW 0 ~ (1) ::J (J) (/) ,-+ z Wilkins StW W Elm St II 0 Q.) ...... :J (I) i'u " :J (J) ..-+ z -■ St Croix Ave W II Stillwater Ave W B 1111 Wilkins St W II Aspen St W 1111 Elm StW Stillwater Half Marathon-5K: Course Control Plan Page 5 M = Course Marshal P = Police = Coning 1111 Elm StW II B z Elm StW ~ m <ii ~ Maple StW ~ 1111 Q) ;:::i. ::::r Q) ~ z ~ Q) ;:::i. ::::r Q) ~ u, s- ~ z u, ...... ::::r (I) ...... z .~. Seventh Da~ Adventist Churc ~ ::::r (I) ...... z N =i Q. ~ z I p Coning & No Parking Plan – Stonebridge Trail to Finish May 25, 2024 Stillwater Half Marathon/10K/5K Finish Approach •No parking east/north side of street and both sides on Laurel between 3rd St. N. and 2nd St. N. •Coning along east/north side of street •Street closures •Finish Line •Course marshals •SPD Finish Line and Post Race Area Street closed Streets closed Runners come off trail onto Owens St. No Parking and cones on East/North side of streets here to finish. Neighbo r Stop , ~ ~ Stonebridge Elementary Sc hoo '! Hickory St W Maple S w Ha roor B:ar & Restaurant i ■ WElmSt Moore S W Sycamore St\ St Croix Ave V Stil wa er Ave W Aspen S W ElmStW Hickory St W rn <. fl> z s: ID ;:I ~ rn - ~ Maple St W ,- • • ::>llllWai:er Ave z w ... ..., 0. ::::r ~ 5!1 -z;.. -z,. ~ Stillwater Half Marathon/5K Finish Area Ambulance Street Closures Street Closure Bike Barriers/Cones •Runner approach •No Parking North Side •Coning Food, Beverages Announcer Portapotties (#TBD) First Aid Trash (throughout the park) -fJJru u DATE:March 19, 2024 TO:Honorable Mayor and City Councilmembers FROM:Cody DeNucci, Assistant Public Works Superintendent SUBJECT:Sunken Garden Rehabilitation BACKGROUND The City of Stillwater has received requests about improving the iconic sunken garden in downtown Stillwater. This garden has been a staple of downtown for many years and hosts a photogenic experience for visitors of Stillwater. In recent years the sunken garden has seen the aging process take a toll on the structural integrity of the stonework and fountain areas. Staff has decided to have the sunken garden rehabilitated. This will consist of replacing damaged and weathered stone, cleaning of all surfaces, and adding a weather protecting finish. Staff sent out for three bids, receiving two quotes, with Curb Masters Inc. being the low bid at $29,450.00. The water service at the sunken garden has been leaking and was needed to be turned off last summer. Staff suggests that the water service also be replaced with this project to allow guests to use the amenities of the sunken garden, including a drinking fountain, waterfall, and irrigation. Staff sent out for three bids, receiving two quotes, with Miller Excavating being the low bid at $8,349.22 Funding will come out of the 2024 Parks Capital Outlay. RECOMMENDATION It is recommended that Council approve the contract with Curb Masters Inc. for work on the Sunken Garden –Stonework Repairs, and approve contract with Miller Excavating for work on the Sunken Garden –Waterline Repairs. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH CURB MASTERS INC. FOR WORK ON THE SUNKEN GARDEN – STONEWORK REPAIRS AND APPROVING THE CONTRACT WITH MILLER EXCAVATING FOR WORK ON THE SUNKEN GARDEN –WATERLINE REPAIRS 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 19th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Curb Masters, Inc., 496 Farwell Ave, South St. Paul, MN 55075 (“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; Sunken Garden - Stonework Repairs 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 3/8/24, 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. if (water 2 3. TERM. The terms of this Agreement expire 3/19/2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Cody DeNucci 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 Mark Callies to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Curb Masters, Inc., 216 4th Street North 496 Farwell Ave Stillwater, MN 55082 South St. Paul, MN 55075 Attention: Cody DeNucci Attention: Mark Callies Or e-mailed: cdenucci@stillwatermn.gov Or emailed: mark@curbmasters.info 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk CONTRACTOR CURB MASTERS, INC. Di!llJallj olgnod bi Morlc Calles By: Ma rk Ca II i es g,} c-us. E•mar~~~~-~'::·;;n~~. Olife. 2024 03.14 11 53:37 ,05' By (Please Print): Mark Callies T 'tl (Pl P . t) President 1 e ease rm : ____________ _ Project Description: Sunken Garden -Stonework Repairs 5 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4100 Public Works Departmen Item #Item Unit Quantity Unit Price Total 1 Mobilization EACH 1 2 Remove all existing loose and deteriorated stone paving at the top of the stairs, along the sidewalk the entire length of the area, the stair treads, and the lower patio area and dispose of off site.EACH 1 3 Clean and remove all the loose mortar joints, stones and failing stones from the water fountain structure, the stairs and patio area on all surfaces.EACH 1 4 Catalog any full stones removed for reuse in there existing location.EACH 1 5 Source new stone items, stone type to be approved by the city, for any replacement to include stone paving, and monument stone.EACH 1 6 Relay stone items that were removed or deteriorated beyond repair.EACH 1 7 Grind out and clean up any loose or open mortar joints and tuck point with mortar.EACH 1 8 Pressure clean all stone items.EACH 1 9 Seal all stone items with sirloxane type stone sealer. EACH 1 10 Repair and paint existing railing and pickets.EACH 1 Total Contractors Anticipated Start Date________________________________________________ Notes IC 134 must be submitted prior to final payment Responsible Contractor form will need to be submitted with this proposal Bids due to the City of Stillwater 3/8/2024 at 10:00 AM All bids must be submitted on the City's proposal form and be a complete proposal. The City reserves the right to add or subtract quantities. Bids should be labeled Sunken Garden Bid Proposal PROJECT: Bids may be submitted by mail, email, or in person to City Hall at above address Attn: Cody DeNucci Questions contact Cody DeNucci at 651-275-4101 or cdenucci@ci.stillwater.mn.us Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date. 1500.00 1500.00 3975.00 3975.00 2390.00 2390.00 1400.00 1400.00 3500.00 3500.00 5735.00 5735.00 2635.00 2635.00 2390.00 2390.00 3225.00 3225.00 2700.00 2700.00 $29,450.00 04/01/24 I" illwater '---C .. ......__ ===== ~ Deparorumtqf Public Worlar ) Date : 3/8/24 nt Nam_e_:---i~IYiv'1k:ia..F1rk~C~a..u111~--------_______".C~o~m]P~a ny Name : Curb Masters, Inc. 1ture : ----.M-.--a-r-:-k-C_a_l_li_e_s ~!!~:r:~;i~F-::-,-h·"'""'"" Address: ---z!~9te6MFF;, aa1rwrw1e~llhA~vme:r------ Title : -,0'1010117,0:,C-:soot I 5t Paul , MI\I 5507'5 --~!S1i--H-----------Ph one: 612-366-1695 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 19th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Miller Excavating, Inc., 3741 Stagecoach Trl N., Stillwater, MN 55082 (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Sunken Garden - Waterline Repairs 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 3/11/24, 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. if (water 2 3. TERM. The terms of this Agreement expire 3/19/2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Cody DeNucci to act as the City’s representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Jared Richert to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Miller Excavating, Inc. 216 4th Street North 3741 Stagecoach Trail N Stillwater, MN 55082 Stillwater, MN 55082 Attention: Cody DeNucci Attention: Jared Richert Or e-mailed: cdenucci@stillwatermn.gov Or emailed: office@millerexc.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk CONTRACTOR MILL~~xJ t VATING, INC. By:,~,~ By (Please Print): M \V\J.illeu,,kt.+f Title (Please Print):_, ----"'eo'-=---:f\:-'--'~'--'-'---f>---'---'l \-=-i f_.__ _____ _ Project Description: Sunken Garden -Waterline Repairs 5 Stillwater, MN 55082 3741 Stagecoach Trail North MILLER EXCAVATING, INC. Jared Richert 651-439-1637 / 651-351-7210 office@millerexc.com Estimator: Phone / Fax: Email: Job Name:Quote To:City of Stillwater Sunken Garden Waterline - 2nd st 2nd StJob Address: Job Location:Stillwater, MN Attn:Cody Phone:Date:651-323-0929 March 11, 2024 Email:Estimate #:cdenucci@stillwater.mn.gov 2240XX (PSM) AMOUNTITEM DESCRIPTION QUANTITY UNIT MOBILIZATION LS1.00 100 UNDERGROUND UTILITY LOCATES LS1.00 105 TRAFFIC CONTROL LS1.00 120 SAWCUT & REMOVE CONCRETE SIDEWALK PANEL LS1.00 130 EXCAVATE DOWN TO CURBSTOP LS1.00 140 DIRECTIONAL DRILL FROM CURBSTOP TO METER PIT LS1.00 145 INSTALL NEW 3/4" COPPER LINE FROM CURBSTOP - METER LS1.00 150 BACKFILL AND COMPACT WITH SAND LS1.00 160 PATCH CONCRETE SIDEWALK ( 5' X 8' X 4" ) LS1.00 170 PATCH ASPHALT IN STREET 2' X 2' X 5" LS1.00 180 GRAND TOTAL $8,349.22 NOTES: Quote valid for 10 days. MEI reserves the right to withdraw proposal, without notice, if not signed and returned within time specified. Proposal is subject to credit approval by MEI. MEI shall be provided with legal description of the property and name & address of Owner. Due to current global supply chain issues, PVC pipe, geotextile fabric, and HDPE Pipe pricing is subject to change based on the current price at the time of shipment, and availability is not guaranteed. Retainage as withheld by Owner. Retainage not to exceed 5% of contract amount and must be reduced/released as Miller Exc. work is approved. Sales taxes included (if applicable) No bond included. If required, cannot deduct for one without prior approval of MEI. Payment due within 30 days of initial invoice. Past due accounts will accrue 1.5% per month, 18% per year service charge. MEI does accept credit card payments. Fees & provider terms may apply. Standard insurance included. Gopher State One Call locates included 4 business days prior to start of work. Miller Exc. is not responsible for weather, utility conflicts, other contractors, strikes, lockouts, material shortages, acts of god, Page 1 of 4 or other circumstances beyond our control that may delay the completion of the work. All items listed above are tied, unless arrangements are made PRIOR to bid opening. The information in this proposal is considered confidential between the two parties listed. All excess clean earthwork materials from the project are the property of Miller Exc. Water, sanitary sewer, and storm utilities to be stubbed within 5' outside the building. Aggregate base ADD option includes gravel under sidewalk, curbs, asphalt, concrete paving, and building floor All work to be completed during normal business hours. (Monday thru Friday 700 am to 500 pm) Additional charges may apply for nights, weekend, or holiday work. Subcontract language is subject to approval by MEI and must be in accordance with AIA or AGC standard agreements. This proposal shall be attached as an exhibit to such subcontract. Owner/Developer agrees that NPDES permit will be transferred to Owner/Developer/New Contractor/Homeowner once Miller Exc. work is completed. MOBILIZATION Proposal based on ONE (1) mobilization(s) to complete the work. Additional mobilizations to be charged at $600.00 each. THIS PROPOSAL HAS BEEN PREPARED ACCORDING TO THE FOLLOWING DOCUMENTS: PLANS: SPECS: GEOTECHNICAL: ADDENDA: EXPECTED COMPLETION DATE: XXXXX XX, 2024. *Projects with a completion date after date listed above may incur additional costs due to increases labor, materials, trucking, fees, etc. THE FOLLOWING ITEMS ARE EXCLUDED FROM OUR PROPOSAL: Permits, fees, or escrow accounts.(building, plumbing, demolition, dewatering, public waters, grading, utilities, right-of-way, zoning, SAC, WAC, etc.) State or local agency plumbing plan submittals or review documents Surveying, staking, blue tops, project layout, or as-builds Special insurance (i.e. waiver of subrogation, pollution liability, railroad, etc.) Repair of damage to existing streets, driveways, sidewalks, landcsaping, or yards during the normal course of work. Backcharges. Any potential corrective items must be notified to MEI in writing and allow fifteen (15) days to review, correct, or negotiate settlement, before any other party completes such work MEI shall be allowed to review estimated costs for the corrective work. Private utility locating, relocation, or repair (site lighting, irrigation, dog fence, private electric/gas, private water/sewer/storm, etc.) Public utility locating, relocation, or installation Temporary utilities (electric, gas, water, sewer, phone, internet, etc.) Soil testing (infiltration, vibration, densities, onsite gradations, visual inspection, etc.) Gradations for imported materials available upon request. Installation, maintenance, and/or removal of temporary & semi-permanent access roads for job trailer, crane pads, equipment deliveries, resident access, etc. Sheeting, shoring, underpinning, piling, etc. Trench boxes may be used for site utilities installation. Engineering design for overdepth excavation systems SWPPP design, permit, inspections, and maintenance Any temporary or permanent erosion control BMP's not specifically listed in the proposal items above. Additional quantities of BMP's needed above base bid quantities for SWPPP compliance will be charged on a time and materials basis. Removal of silt fence Winter conditions (frost ripping, frost blankets, road restrictions, snow plowing, ground thawing, sand backfill, etc.) Road restriction hauling or mobilization (roads less than 9 ton/axle) Vapor barrier, foundation insulation, foundation draintile, or waterproofing Trench drain concrete or castings Pre-demolition survey, samples, testing, reports, or removal of regulated wastes and HVAC systems Buried or hidden debris, contaminated material testing, excavation, abatement, remediation Traffic control or flagging. If deemed necessary, MEI will complete at $110.00/HR Sweeping required. If required by jurisdiction, MEI will complete at $190.00/HR Page 2 of 4 Final tolerance of sand or aggregate base prior to concrete, pavers, and/or asphalt Sod, seed, hydro seeding, straw mulch, temporary seeding, or erosion blanket Bollards, signs, posts, monuments, jersey barrier, or other site direction items Trees, shrubs, planting plugs, mulch, edging, or other landscaping items Hand raking, rock removal, final tolerance prior to seeding and/or sod Soil correction (other than that stated specifically in the project soils report AND outlined in bid items above.) Import or export of soils to balance the cut/fill of the site. Excess soils to be stockpiled or spread adjacent to work areas into berms or through grade adjustments. Dewatering of site (pumping, sumps, well points, etc.) Prevailing wages Targeted business or disadvantaged business goals Concrete washout area Manhole/catch basin castings, adjusting rings, or Infishields Manhole/catch basin structure or pipe; lining, sealing, or special treatments. Manhole, catch basin, or gate valve adjustments Manhole,catch basin, or gate valve asphalt patching. Rock excavation or haul out Retaining wall excavation, construction, or backfill Other site structure excavation, import/export, and backfill (i.e. fuel island, pump house, tower etc.) Fence including salvage, removal, or reinstallation ROW degradation fees. Based on repair of existing water or sewer service. Downspout connections Concrete equipment or clean out pads Landscape lighting or irrigation locating, relocation, installation, and/or repair Tree trimming, removal, grubbing, or transplanting Electrical, communication, or irrigation conduit installation Wall or under footing sleeves, link seals, or casing for mechanical piping into the structure footprint Interior piping installation or connection Well or septic design, install, removal, or abandonment Striping removal, installation, or repair Sawcutting or core drilling MEI is not responsible for removal/hauling/disposal of any excess soil displacement material generated onsite due to the installation of pipe and structures. If soil material is needed to backfill due to utility removals, it should be provided by the Prime contractor, at no charge, for MEI to place & compact. PROPOSAL ACCEPTANCE We hereby accept the proposal for the work as outlined above and agree to the terms and conditions as listed. Any alteration or deviation from the work as specified above will become extra work over the estimate and will be paid as a change order to the original contract. Miller Excavating, Inc. is authorized to proceed with the work. Payment will be made according to the terms outlined above. Signed:__________________________________ Print:___________________________________ Title:___________________________________ Date:_____________ MINNESOTA PRE_LIEN NOTICE You have entered into a contract with Miller Excavating, Inc to perform excavating, grading, utility, and/or trucking work on your property. We are authorized to provide you with this notice. Page 3 of 4 (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. Page 4 of 4 DATE: March 13, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sharon Provos, Finance Director SUBJECT: Tax Increment Financing (Redevelopment) District #6, Return of Excess Increment BACKGROUND The City of Stillwater’s Tax Increment Financing (Redevelopment) District No. 6 decertified as of December 31, 2020. In conjunction with closing of the TIF District fund activities, excess increment in the amount of $115,357 has been calculated and will need to be remitted to the County for redistribution to the local taxing entities. RECOMMENDATION It is recommended that the Council approve remitting the excess increment to Washington County for redistribution. ACTION REQUESTED If the Council agrees with the recommendation, they should pass a motion to approve remitting the excess increment of $115,357 to Washington County for redistribution. DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: Tower Drive Water Tower Painting Award Bid & Approve Contract BACKGROUND The bid opening for the Tower Drive Water Tower Painting Project was March 13th, 2024. The City received eight bids with the lowest bid in the amount of $462,855.00 submitted by J. R. Stelzer Co. The Engineer’s estimate for the project was $880,000.00 The Engineer on the project, TKDA, reviewed the bids, and recommended awarding the low bid to J. R. Stelzer. Funding for this project will come out of the Water Department Capital Outlay budget. RECOMMENDATION Staff recommends that the City Council accept the bids submitted for the Tower Drive Water Tower Painting Project and award the contract to J. R. Stezler. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion authorizing the Mayor and Clerk to enter into contract, upon City Attorney review and adopt Resolution 2024-___, ACCEPTING BID AND AWARDING THE CONTRACT FOR TOWER DRIVE WATER TOWER PAINTING PROJECT. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx ACCEPTING BID AND AWARDING CONTRACT FOR TOWER DRIVE WATER TOWER PAINTING PROJECT WHEREAS, pursuant to an advertisement for bids for the Tower Drive Water Tower Painting Project, eight bids were received by the City Engineer, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT J.R. Stelzer CO $ 462.855.00 O&A Classic Coatings and Paintings Corporation $ 515,000.40 Tanksco Inc $ 635,340.00 Viking Painting LLC $ 638,200.00 O&J Coatings Inc $ 655,300.00 Tankez Coatings Inc $ 663,200.00 Classic Protective Coatings Inc $ 684,950.00 TMI Coatings Inc $ 1,158,800.00 Engineer's Estimate $ 880,000.00 and WHEREAS, it appears that J.R. Stelzer Co is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with J.R. Stelzer Co in the name of the City of Stillwater for the painting of the Tower Dr. Water Tower according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 19th day of March 2024. CITY OF STILLWATER ___________________________________ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk DATE: March 12, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Washington County Election Services Joint Powers Agreement DISCUSSION City staff explored the option of having Washington County take over the responsibility of running city elections to address the increasing workload on the city clerks office. By prioritizing and reallocating staffing resources effectively, this move aims to streamline processes, alleviate burdens on the city clerks office and strike a balance between election-related duties and everyday office work. Washington County has joint power agreements with over many different cities within the county to provide election services. They request the attached agreement remain as is in order to maintain a similar approach for conducting elections with each municipallity. The agreement specifies the County and City Clerk's duties and responsibilities. It also restricts the agreement's expiration to just odd years, guaranteeing that neither side may cancel in the middle of an election. Fees for election services will be reviewed annually. Washington County will collaborate with the City to give budget estimates each year since prices for equipment, election judges, and publications may fluctuate. The City then can accurately plan for any fee adjustments during its budget discussion. Fees for the 2024 election services were included in the 2024 budget. RECOMMENDATION Staff recommends Council approve using Washington County to provide election services and enter into a Joint Power Agreement with Washington County. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion to enter into a Joint Powers Agreement with Washington County for election services. AGREEMENT FOR ELECTION SERVICES THIS AGREEMENT (“Agreement”), made and entered into this _____ day of __________, 20____, by and between the City of _______________, a Minnesota municipal corporation, herein referred to as the “City”, and Washington County, a body politic and corporate, herein referred to as “County,” hereafter collectively referred to as “Parties.” WHEREAS, Minnesota Statutes, Section 471.59, authorizes two or more governmental units to enter into an agreement to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, pursuant to the United States Constitution, Minnesota election laws, and other relevant state and federal election laws, the Parties have certain election related duties imposed upon them in order to carry out the proper administration of elections; and WHEREAS, the Parties agree that efficiencies and economies of scale make it desirable for the County to assume some of the City’s election related responsibilities; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the Parties agree as follows: SECTION ONE – DEFINITIONS The following words, terms, and phrases when used in this Agreement shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning: A. Precinct Supplies: City owned voting booths, polling place signs, flags, flag stands, and supply boxes containing election related materials, including supplies, forms, and other required precinct supplies. B. Voting Equipment: County owned optical scan voting systems, assistive voting devices, electronic rosters, and other required voting equipment. C. Election Authority: The city, town, or school district calling for the election. SECTION TWO – ELECTION SERVICES The City hereby contracts with the County to perform, and the County hereby agrees to perform, the election services hereinafter described. This Agreement shall apply to statewide primary and general elections, special elections called by a valid election authority and all other elections required by law. The Parties agree to carry out the election services hereinafter described in accordance with the United States Constitution, Minnesota election laws, and all other relevant state and federal election laws. A. COUNTY RESPONSIBILITIES The County shall perform the following election services which are assigned to the City under Minnesota election laws and other relevant state and federal laws for every election identified in this Agreement: 1. Election Judges: a. The County shall be responsible for recruitment, training, and assignment of election judges. b. The County shall be responsible for determining the hourly pay rate of the election judges. c. The County shall be responsible for paying the election judges directly for salaries, authorized mileage, and other authorized expenses. 2. Voting Equipment: a. The County shall arrange for the transport of and coordinate the placement and use of voting equipment for each polling place in the City. b. The County shall be responsible for the programming of voting equipment. c. The County shall conduct preliminary and public accuracy testing of optical scan voting systems. The County shall post and publish the required notices for the public accuracy testing. 3. Precinct Supplies: The County shall be responsible for providing election forms, supplies, and other election related materials for each polling place in the City. a. The County shall arrange for the transport of and coordinate the placement and use of precinct supplies at each polling place in the City. b. If the precinct supplies provided for use at each polling place are not the exact supplies purchased by the City, they will be comparable, as determined by the County. c. When the precinct supplies are not in use, the County shall store them in secure County facilities during the term of this Agreement. The County shall store the precinct supplies in an adequate manner to minimize the possibility of loss, theft, or damage. At the termination of this Agreement, the County will return all the City’s precinct supplies to the City. d. If additional and/or replacement precinct supplies are needed, the County shall notify the City of the need and provide a cost estimate prior to the purchase. Following the approval of the City, the County shall purchase the supplies and bill the City for the costs. e. Notwithstanding anything in this Agreement that may be to the contrary, the City shall be responsible to replace any lost, stolen, damaged or destroyed City precinct supplies and will hold the County harmless if any of the City’s precinct supplies are lost, stolen, damaged or destroyed while in the care and custody of the County. 4. Ballots: a. The County shall be responsible for the programming, layout, and printing of ballots for the City. b. The County shall pay the ballot costs for statewide elections. c. All ballot costs for any other election will be paid by the election authority as reimbursement of actual cost or direct payment. 5. Absentee Voting: a. The County shall administer absentee voting for the City. b. The County shall pay the absentee voting costs for statewide elections. c. Absentee voting costs for any other election will be paid by the election authority per the most recently adopted Countywide Fee Schedule. 6. The County shall coordinate directly with each facility for the election day use of designated polling places in the City. 7. Post-Election: a. The County shall be responsible for the compiling and reporting of election results and election statistics and providing election related information to the Minnesota Office of the Secretary of State’s election reporting system. b. The County shall be responsible for providing the City an abstract and results reports to be reviewed by the City Canvass Board. c. The County shall be responsible for administering the Post-Election Review for the City’s precincts. 8. The County shall provide to City officials, candidates, and the public, information and assistance related to election procedures. The County shall not be responsible for providing the City with legal advice concerning questions related to election law. 9. The County shall inform the City of the number of registered voters in each of its precincts within five (5) business days of February 1st of each odd numbered year. 10. The County shall provide the City an estimate of costs for election services for the next even numbered year’s election cycle by March 31st of each odd numbered year. 11. The County shall provide the City an estimate of costs for the next year’s annual equipment maintenance by March 31st of each year. B. CITY RESPONSIBILITIES 1. Precinct Supplies: a. The City shall provide the County with its precinct supplies to be utilized at each polling place for each election required in this Agreement. b. At the conclusion of every election, the County shall store the City’s precinct supplies pursuant to Section (2)(C)(3) on this Agreement. 2. Precincts: a. The City shall be responsible for determining precinct boundary changes. b. The City shall not establish a precinct with more than 4,500 registered voters. c. The City shall make a boundary change for any precincts exceeding 4,500 registered voters before December 31st of each odd numbered year. i. The City will receive a list of the number of registered voters in each precinct from the County within five (5) business days of February 1st of each odd numbered year. i. The City shall pay the costs for the required notifications to voters of a precinct boundary change. ii. The City and County may mutually determine a boundary change for a precinct with more than 4,500 voters be delayed and reevaluated in the next odd numbered year. 3. Polling Places: a. The City shall be responsible for establishing polling places for each election precinct in the City, preparing the polling place resolution, and requesting approval of the resolution by the City Council. b. The County shall review and provide input regarding the establishment of polling places prior to approval by the City. c. Any formal agreements that may be required for the use of a designated polling place facility are to be made between the City and the polling place. The City will make the polling place available to County personnel. 4. The City shall provide to the County the title and text of any City ballot questions within a reasonable time after the resolution authorizing the ballot questions is approved by the City. The City shall provide the County with the certification of candidate names for City offices within a reasonable time after the Affidavit of Candidacy is filed with the City. 5. The City shall prepare a resolution authorizing the County to designate an absentee ballot board for the purpose of accepting and rejecting ballots for the City. The City shall request the approval of the resolution by the City Council. 6. The City shall perform the duties of candidate filing officer for elected city offices. 7. The City shall administer initial and ongoing campaign financial reporting and economic disclosure activities; prepare, post, and publish election notices at the City Office. 8. The City shall conduct the official canvass of election results following each City election. a. The City shall strive to provide the County with the date of the City Canvass Board meeting at least thirty (30) days before each election. 9. The City shall retain election records for a period not less than twenty-two (22) months after each City election and retain a permanent archive of election results. SECTION THREE - RECOUNTS The Parties recognize that under Minnesota election laws, the City Clerk or designee serves as the recount official for recounts conducted by the City Council or City Canvassing Board. If mutually agreed by the Parties, a County official may act as the recount official. The Parties will determine the duties, responsibilities, and cost reimbursements for any such recount agreement. SECTION FOUR – LIABILITY AND INSURANCE A. The Parties total liability under this Agreement shall be governed by Minnesota Statute 471.59, subd. 1a. For the purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minnesota Statute 446.04, subd. 1. B. The Parties shall maintain such insurance as will protect such party from claims which may arise out of, or result from, the Parties actions under this Agreement. The City shall not be required to maintain any insurance coverage needed in connection with the performance of the County services, including but not limited to automobile liability insurance, workers compensation insurance and public liability insurance. SECTION FIVE - AGREEMENT FEES A. The City shall pay a fee to the County for election services each year they have an election. The election fee schedule is approved by the County Board each year and establishes the fee(s) associated with each election type. The City will be billed for election services upon the completion of the election cycle. The County will provide an invoice to the City no later than sixty (60) days after the last election in the cycle payable thirty (30) days after providing said invoice. B. The City will be billed for the actual costs of appointed election judges salaries, authorized mileage and other expenses to perform duties within their election precincts. C. The City will be billed for any required legal publication costs. SECTION SIX - INDEPENDENT CONTRACTOR It is understood and agreed between the Parties that the County is an independent contractor and not an employee of the City. SECTION SEVEN - DURATION AND TERMINATION A. Term: This agreement shall commence on the ____ day of ______________, 20____, and remain in force until terminated pursuant to the terms of this Agreement. B. Termination: 1. This Agreement may be terminated by either party upon six (6) months written notice of its intent to terminate the agreement delivered to the other party. 2. This Agreement may be terminated immediately by the mutual written agreement of both Parties; however, the Agreement cannot be terminated during an even numbered year. 3. Upon termination of this Agreement, the County will coordinate with the City for the return of all City owned precinct supplies stored in County facilities. SECTION EIGHT – GENERAL PROVISIONS A. Designated Representatives: 1. The City shall designate the City Clerk as the principal contact person for the City. 2. The County shall designate the Taxpayer Services & Elections Division Manager as the principal contact person for the County. 3. The County shall designate the Election Coordinator as the secondary contact person for the County. If either party requires assistance on election day with its election related duties under this Agreement, the designated contact person(s) shall be responsible for determining what resources are available and how such resources will be utilized to render assistance. SECTION NINE – ENTIRE AGREEMENT It is understood and agreed upon that the entire agreement of the Parties is contained herein, and that this Agreement terminates, replaces, and supersedes any and all prior Joint Powers Agreements for election services between the Parties. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement the day and year first above written. CITY OF __________ WASHINGTON COUNTY By________________________________ By _________________________________ Mayor County Board Chair By________________________________ By _________________________________ City Clerk County Administrator Recommended By: _________________________________ Director, Property Records & Taxpayer Services Approved as to form by: _________________________________ Assistant Washington County Attorney Stillwater - 4 precincts Statewide Elections (Primary & General) March Presidential Nomination Primary Municipal Standalone Elections* County Election Services Fee - JPA $20,544 $10,272 $10,272 Estimated Actual Costs - Election Judge - Actual Billed $23,516 State Funded $9,128 Estimated Actual Costs - Ballots, Absentee Voting, Equipment $9,560 Estimated Publication Costs - Actual Billed $200 $100 $100 Total Joint Power Agreement Costs $44,260 $10,372 $29,060 Notes: The fees and costs are billed at the end of the election cycle of each election year. After the General Election in an even numbered year. After the special or standalone election in an odd numbered year. *Standalone elections include municipal-only special elections and municipal elections normally held in the odd-numbered year. 2024 Elections Statewide Elections (Primary & General) March Presidential Nomination Primary Total 2024 Election Costs County Election Services Fee - JPA $20,544 $20,544 County is not able Estimated Actual Costs - Election Judge - Actual Billed $23,516 to provide election $23,516 services for the Estimated Publication Costs - Actual Billed $200 2024 PNP $200 $44,260 $44,260 Prepared November 3, 2023 by CP Joint Powers Agreement Estimated Election Services Costs for: Joint Powers Agreement Estimated Election Services Costs for Stillwater - 4 Precincts DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Robert Benson, Utilities Superintendent SUBJECT: Approving Contract for Well 5 (VFD) Variable Frequency Drive Replacement BACKGROUND The VFD at Well 5 has failed and needs to be replaced. Three electrical contractors where contacted for bids to replace the VFD. The lowest of the received bids for replacement of the VFD was $11,586.04 from Cedar Creek Automation. The average life of the VFD is 10-12 years. Funds for this project would be paid out of the Utilities Capital Outlay Budget. RECOMMENDATION Do to the age, it is recommended that Council approve the contract with Cedar Creek Automation to replace the (VFD) Variable Frequency Drive at Well 5. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH CEDAR CREEK AUTOMATION TO REPLACE THE VFD AT WELL 5. 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 19th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Cedar Creek Automation, 1804 214th Ave NE, Bethel, MN 55011(“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; Well house #5 VFD Replacement 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 2/5/24, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 2 3. TERM. This Agreement expires on 3/19/2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated 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 Nate Crudo to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Cedar Creek Automation 216 4th Street North 1804 214th Ave NE Stillwater, MN 55082 Bethel, MN 55011 Attention: Robert Benson Attention: Nate Crudo Or e-mailed: rbenson@stillwatermn.gov Or emailed: nate@cedarcreekautomation.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk CONTRACTOR CEDAR C~ AUTOMATION By ~ By (Please Print): N c..--t~..... C.. vd.u Title (Please Print): Dw"'c,, ----------- Project Description: Well house #5 VFD Replacement 5 PROPOSAL 1804 214th Ave NE PROPOSAL DATE East Bethel, MN 55011 02/05/2024 (651)-233-7095 PROPOSAL # nate@cedarcreekautomation.com 240205 COMPANY DESCRIPTION AMOUNT City of Stillwater Well 5 VFD Upgrade Labor Estimated 2,240.00 216 4th St N Parts -75/60 HP ABB 230V R7 Frame 9,104.33 Stillwater, MN 55082 Remote Keypad Mounting Kit For ACX580 Surface Mount 183.71 (651)-430-8740 Milage 58.00 rbenson@stillwatermn.gov - - DESCRIPTION OF WORK - Identify control circuit to existing VFD - Remove VFD, Determinate existing control wiring - Remove and mount new remote keypad - Install new VFD - Connect control wiring and commission new VFD - Demonstrate operation of system with customer - - - - Notes SUBTOTAL 11,586.04 OTHER 0.00 TOTAL $11,586.04 Escalation: Price is firm 30 days from date of propsal Start Up: As stated in proposal Taxes: ALL APPLICABLE SALES TAX MUST BE ADDED Delivery: 6 to 8 weeks after receipt of an approved order Accepted: Title: Date of Acceptance: PO No. ACCEPTANCE OF PROPOSAL: the above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Terms: NET 30 day terms. Projects over $5000 - 50% at acceptance, 25% on delivery, 25% on completion THE SELLER RESERVES THE RIGHT TO REVIEW AND REVISE THIS PROPOSAL AFTER 30 DAYS FROM ISSUANCE Cedar Creek Automation All items quoted are in stock THANK YOU For questions concerning this quote, please contact: Nate Crudo (651)-233-7095 Nate@cedarcreekautomation.com DATE: March 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Ordinances: Sanitary Sewer Connections; Fire Prevention Permits DISCUSSION Now that we have adopted the new City Code, a couple of ordinances have been waiting to be implemented: Sanitary Sewer Connections The City requires sewer separation for sanitary and storm. However, the existing ordinance requires the Council to authorize issuing a notice to property owners to disconnect these services from each other. The Public Works Director requested that this extra step be removed from the process so he can issue the notices without additional delay. Fire Prevention Permits Currently any fire prevention system installation or modification is permitted and inspected through the State Fire Marshal. Now that the City has adequate staffing, the Fire Department can do them in-house. The attached ordinance establishes a Fire Prevention Program and gives the Fire Department the authority to administer the program. RECOMMENDATION This is a first reading on both ordinances. ACTION REQUESTED MOVE TO APPROVE An Ordinance Amending Ch. 20, Art. 3 regarding Sanitary Sewer Connections and An Ordinance Amending Ch. 24, regarding Fire Protection Permits City of Stillwater Washington County, Minnesota ORDINANCE NO. 2024-XXX AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3 OF THE STILLWATER CITY CODE OF THE CITY OF STILLWATER REGARDING SANITARY SEWER CONNECTIONS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Stillwater City Code Section 20-98(c) is amended as follows: 20-98(c) Separate Connection Required. When separate sewer mains and storm sewer mains have been constructed and are available to property, the owner of the property shall take all action to separate the sewers and connect them separately to the sanitary sewer and storm sewer in accordance with the provisions of this section within 90 days after the date of mailing or delivery of official notice to do so. The notice shall be given to the owner or occupant in writing by the Public Works Director on the order of the City Council. SECTION 2 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 20th day of March, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Sec. City of Stillwater Washington County, Minnesota ORDINANCE NO. XXXX AN ORDINANCE AMENDING CHAPTER 24, BUILDINGS AND CONSTRUCTION, GENERAL, REGARDING FIRE PROTECTION PERMITS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Code Chapter 24, Article 1, Section 24-7 is hereby added as follows: 24-7 – Fire Protection Permits and Inspection Program; Fire Sprinkler Systems. (a) Fire Protection Permit and Inspection Program. Pursuant to Minnesota Rule 7512.2800, the City is authorized to adopt a fire protection system plan review and permit process to perform fire protection-related work. The application, administration and enforcement for th e Program shall be in the manner provided for in the Minnesota State Building Code and Minnesota State Fire Code, and shall be enforced within all areas where the City enforces these Codes to the fullest extent permitted by law. (b) Permit Required. No person shall engage in any sprinkler installation, modification, changing and/or removal of all sprinkler protection systems within the city without obtaining a permit from the Fire Department. It shall be the duty of an applicant to secure a permit prior to commencement of any fire protection related activities described in this subsection. (c) Application Process. Applications shall be submitted to the Fire Department for review. If the application is incomplete or denied, the Fire Department will inform the applicant as to the reason for incompleteness or denial and any information required to complete the application. Following review and approval of an application, the Fire Department shall issue a permit and inform the applicant of any special provisions associated with the proposed fire protection activities related to the permit. (d) Permit Fees. The issuance of permits and the collection of fees shall be in the manner authorized in Minn. Stat. §326B.121. Fees for permits under this subchapter, which may include a surcharge in accordance with Minn. Stat. § 326B.153, shall be included in the Fee Schedule. (e) Maintenance. All fire sprinkler systems shall be maintained in accordance with the Minnesota State Fire Code. SECTION 2 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary 2 is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City is going to be taking over the administration and inspections of fire protection permits from the State. Adopted by the City Council of the City of Stillwater this day of , 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk BOARD AGENDA Board of Commissioners Fran Miron, District 1 Chair, Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 March 12, 2024 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 1.9:00 Roll Call Pledge of Allegiance 2.9:00 Comments from the Public 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. 3.9:10 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 February 20, 2024, and February 27, 2024, County Board meeting minutes. B.Approval to appoint David Siebert, Woodbury, to the Mental Health Advisory (Local Advisory Council) Council as an Adult Mental Health Professional Outside Representative for a partial term expiring December 31, 2026. C.Approval to appoint Kaonou Vue, Cottage Grove, to the Mental Health Advisory (Local Advisory Council) Council as a Chemical Health Professional Representative to a partial term expiring December 31, 2024. D.Approval to appoint Christopher Thewis, Oakdale, to a partial term on the Mental Health Advisory (Local Advisory Council) Council expiring December 31, 2024, as a Residential Treatment Facility Representative. E.Approval to modify Human Resources Policy #5025 Employee Wellness Program F.Approval to modify Human Resources Policy #5030 Telework Policy G.Approval to eliminate Human Resources Policy #5203 Family and Medical Leave of Absence H.Approve Purchase Order 27148 with Collier IT in the amount of $204,150.76, for the period of March 12, 2024, to February 27, 2025. I.Approval to submit an application for grant funding through the Lower St. Croix Partnership – Watershed Based Implementation Funding grant program. J.Adopt a resolution appointing 15 members to the Opioid Settlement Community Council. Washington FYI r~County 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 K.Approve Amendment #1 for Contract No. 15680 with Kraus-Anderson Construction Company in the amount of $164,500 to add General Conditions to the Law Enforcement Center Improvement project. L.Approve Purchase Order 27168 in the amount of $295,178.00 with Titan Machinery using State Contract Number 239131 for one 821G Case Loader for the Public Works South Shop. M.Approval of an application for a 1-4 day Temporary On-Sale Liquor License from the Greater Stillwater Chamber of Commerce for the Annual Food Truck Extravaganza on June 15, 2024, at the Washington County Fairgrounds, 12300 N. 40th Street, in Baytown Township. N.Approval of an application for renewal of an On-Sale, Off-Sale and Sunday Liquor License for the Stoneridge Golf Club Inc. located in West Lakeland Township. O.Approval of an application for renewal of an On-Sale and Sunday Liquor License for the Outing Lodge in Stillwater Township. 4.9:10 Public Works A-B.) Andrew Giesen, Engineer A.Approve consultant contract No. 16264 with Short Elliott Hendrickson Inc. (SEH) in the amount of $497,903 to provide preliminary and final design services for the CSAH 18 (Bailey Road) and Settlers Ridge Parkway Intersection Improvement Project. B.Approve consultant contract No. 16258 with HR Green, Inc. in the amount of $399,595.70 to provide design services for the CSAH 16 (Valley Creek Road) Corridor Study. 5.9:30 6.9:40 7.9:55 8.9:55 9.10:00 General Administration A.) Jan Lucke, Deputy County Administrator A.Legislative Update Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn Board Workshop with Public Works A.Review County transitway projects as part of the Transit Workshop Series Consent Calendar Continued Washington ; 2;County 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 11. 12.11:30 13.12:15 Board Workshop with Public Works A. Review Solar Panel options for the Washington County Central Service and License Center Break Board Workshop with Property Records and Taxpayer Services A. Review Assessment Year 2024/Pay 2025 Property Values Board Workshop with Administration A. Discuss 2025 budget development, guidelines and principles. 10. 10:45 11:15 Washington ; 2;County