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2024-06-04 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov REVISED AGENDA CITY COUNCIL MEETING June 4, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Request to Join Statewide Volunteer Firefighter (SVF) Plan - Resolution 2. Local Option Sales Tax - Resolution 3. Zoning Code Update IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. IT Manager 13. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 14. Proclamation – Stillwater Girls Synchronized Swimming Team 15. Certificates of Appreciation for Dine Here Dance Here Volunteers and Donors 16. Youth Service Bureau Budget Request – Mike Huntley X. OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 17. May 21, 2024 Regular Meeting Minutes 18. Payment of Bills 19. Ash Tree Removal Project Bid Award and Agreement 20. Ethernet Network Services Comcast Agreement 21. Gas Mask and Filter Replacement - Police 22. Human Rights Commission Meeting Date Change – Resolution 23. Indoor Commercial Recreation (Fitness Center) at 107 Chestnut St E – Resolution 24. Leo’s Grill and Malt Shop - Seasonal Outdoor Food Vending – Resolution Page 2 of 2 City Council Meeting Agenda June 4, 2024 25. Medical Supply Purchase - Police 26. Myrtle Street Reconstruction Project (Project 2024-05) 27. Neal Avenue Improvement Project (Project 2019-08) - Final Payment – Resolution 28. Off-site Gambling Permit for Bayport American Legion during Lumberjack Days – Resolution 29. Pond Circle Manhole Project 30. Provicta PCC Early Detection Testing - Police 31. Public Works Generator Installation Project 32. Sinch Cloud-based phone system 33. Summer Tuesdays - Event Contract 34. Therapeutic Massage Business Licenses and Massage Therapist Licenses – Resolution 35. Washington County Emergency Housing Services Building – Ordinance/Zoning Map Amendment First Reading 36. Short Term Home Rental License Amendment for 1133 Nightingale Blvd XII. PUBLIC HEARINGS – None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT lJwr The Birthplace of Minnesota WORKSHOP MEETING CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING June 4, 2024 1. Request to Join Statewide Volunteer Firefighter (SVF) Plan - Resolution 2. Local Option Sales Tax - Resolution 3. Zoning Code Update IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. IT Manager 13. Library Director 4:30 P.M. V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 14. Proclamation — Stillwater Girls Synchronized Swimming Team - Available Tuesday 15. Certificates of Appreciation for Dine Here Dance Here Volunteers and Donors - Available Tuesday 16. Youth Service Bureau Budget Request — Mike Huntley X. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 17. May 21, 2024 Regular Meeting Minutes 18. Payment of Bills 19. Ash Tree Removal Project Bid Award and Agreement 20. Ethernet Network Services Comcast Agreement 21. Gas Mask and Filter Replacement - Police 22. Human Rights Commission Meeting Date Change — Resolution 23. Indoor Commercial Recreation (Fitness Center) at 107 Chestnut St E — Resolution 24. Leo's Grill and Malt Shop - Seasonal Outdoor Food Vending — Resolution 25. Medical Supply Purchase - Police 26. Myrtle Street Reconstruction Project (Project 2024-05) 27. Neal Avenue Improvement Project (Project 2019-08) - Final Payment — Resolution 28. Off -site Gambling Permit for Bayport American Legion during Lumberjack Days — Resolution 29. Pond Circle Manhole Project 30. Provicta PCC Early Detection Testing - Police 31. Public Works Generator Installation Project 32. Sinch Cloud -based phone system 33. Summer Tuesdays - Event Contract 34. Therapeutic Massage Business Licenses and Massage Therapist Licenses — Resolution 35. Washington County Emergency Housing Services Building — Ordinance/Zoning Map Amendment First Reading XII. PUBLIC HEARINGS — None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda June 4, 2024 1 Nwa ter THE BIRTHPLACE OF MINNESOTA > DATE: May 29, 2024 TO: Honorable Mayor and City Councilmembers FROM: Todd Kockelman, President, Stillwater Firefighters Relief Association SUBJECT: Request to Join Statewide Volunteer Firefighter (SVF) Plan: Lump -Sum Division BACKGROUND On Tuesday, May 28 the Stillwater Firefighters Relief Association held a special meeting to discuss and vote on joining the Statewide Volunteer Firefighter (SVF) Plan: Lump -Sum Division. The membership discussed and reviewed the cost analysis as determined by MNPERA and recommends joining the plan at the current $11,000.00 per year benefit level. The Membership present voted unanimously 21-0 to join the plan and seek City Council resolution to join the plan. Attached is the cost analysis as prepared by MNPERA and the signed resolution from the Stillwater Firefighters Relief Association. RECOMMENDATION City Council approval to join the Statewide Volunteer Firefighter (SVF) Plan: Lump -Sum Division effective January 1, 2025. ACTION REQUESTED Approval of attached resolution. PAGE 1 Cost Analysis Report Estimate of the Cost to Join the Statewide Volunteer Firefighter Plan April 29, 2024 Governing Body and Fire Chief Stillwater Fire Department pkinq@stillwatermn.ciov sglaserO)stillwaterm n. gov ikohimann[g)stillwatermn gov Estimated Cost Summary: Shown below is a summary of the calculations estimating the cost of your fire department joining the Statewide Volunteer Firefighter (SVF) Plan at different benefit levels. Detailed pension liability and asset calculations are included in the subsequent pages of this Cost Analysis Report. Vesting Schedule: 40% at 5 years, increasing 4% each year until 100% at 20 years A. Benefit Level per Year of Service B. Projected Present Pension Assets at 12/31/2024 (details attached) C. Projected Accrued Pension Liability at 12/31/2024 (details attached) D. Projected Surplus/(Deficit) Funding at 12/31/2024 [B - C] E. Projected Funding Ratio at 12/31/2024 [B - C] F. Projected Accrued Pension Liability at 12/31/2025 (details attached) G. Increase in Pension Liability between 12/31/2024 and 12/31/2025 [F - C] H. PERA Administrative Fees ($60 per member) I. 1/10th of Funding Deficit/(Surplus)' [D =10] J. Annual Financial Requirement [G + H + 1] Reductions to Annual Financial Requirement K Projected 2025 Fire State Aid L Projected 2025 Investment Earnings [6% x B] M. Annual Financial Requirement After Reductions [J - K - L] $ 10,300 $ 11,000 $ 13,000 $ 15,000 5.544.466 5,544,466 5,544.466 5,544,466 4,544,391 4,825,559 5,628.726 6,431,892 1,000,075 718,907 (84,260) (887,426) 122% 115% 99% 86% 4,853,194 5,155.034 6,017,238 6,879,443 308.803 329,475 388,513 447.551 2,100 2.100 2,100 2,100 (100,008) (71,891) 8,426 88,743 210,896 259,684 399,038 538,393 247,281 247,281 247,281 247,281 332,668 332,668 332,668 332,668 369,053 (320,265) (180,910) 41.555) N. Estimated Required Contribution due 12/31/2025 ('None' if Line M is a negative amount) None None None None Note: Per 353G 08, the plan must have surplus assets for two years for reduction to apply - user should over -ride with $0 when appropriate Please note that these are estimates only. The figures shown above on Line N are estimates of required contributions that would be due from the fire department's governing body on December 31, 2025 under the benefit level(s) considered. If you choose to join the SVF Plan effective January 1, 2025, PERA will calculate and, if applicable, issue an invoice to the fire department's governing body for any required contribution due December 31, 2025. Using the most current financial and firefighter roster information available, PERA calculates required contributions in accordance with Minnesota Statutes 353G.08, Subdivision 1, after receiving both the relief association's and governing body's resolutions to join the SVF Plan. These estimates are based on the member information available at the time PERA prepared this cost analysis. Please review the membership information and provide us with any necessary corrections. As applicable, PERA will prepare an updated cost analysis with the corrected member information provided. If you have questions, please contact me by email at PERASVF@mnpera.org Sincerely, Jill Voss Accounting Officer Intermediate Statewide Volunteer Firefighter Plan STILLWATER FIREFIGHTERS RELIEF ASSOCIATION RESOLUTION No. 2024-001 A RESOLUTION OPTING TO JOIN THE STATEWIDE VOLUNTEER FIREFIGHTER PLAN The Board of Trustees of the Stillwater Firefighters Relief Association, does ordain: WHEREAS: The Relief Association is authorized to join the Statewide Volunteer Firefighter Plan administered by the Public Employees Retirement Association (PERA); and WHEREAS: The City and the City's Fire Department Relief Association have jointly consented to and obtained a cost analysis for joining the Statewide Volunteer Firefighter Plan from PERA not more than 120 days ago; and WHEREAS: The Board highly values the contributions of City Fire Department members to the safety and well being of our community and wishes to safeguard their pension investments in a prudent manner; and WHEREAS: The existing benefit level for the City Fire Department is currently at $11,000.00 per year of service pursuant to current relief association bylaws. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE STILLWATER FIREFIGHTERS RELIEF ASSOCIATION: 1) The Relief Association hereby approves coverage by and requests participation in the Statewide Volunteer Firefighter Plan administered by PERA under the terms provided in the PERA cost analysis at the $11,000.00 benefit level per year of service, effective January 1, 2025; and 2) The Relief Association hereby approves coverage by and requests participation in the Statewide Volunteer Firefighter Plan administered by PERA under the terms provided in the PERA cost analysis with the vesting schedule beginning at 40% after 5 years of service, increasing by 4% each year until 100% vesting is reached after 20 years of service; and 3) The Board of Trustees are hereby authorized to execute all documents necessary to effectuate the intent of this resolution. The motion for the adoption of the foregoing resolution was proposed by Trustee Chris Zeuli and was duly seconded by Trustee Tom Ballis and the motion passed unanimously 21 in favor 0 opposed. Whereupon said resolution was declared duly passed and adopted by the Board of Trustees of the Stillwater Firefighters Relief Association on May, 28, 2024. BY: ATTEST• Y: Board President Board Secretary City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION TO JOIN THE STATEWIDE VOLUNTEER FIREFIGHTER PLAN WHEREAS, the City of Stillwater is authorized to join the Statewide Volunteer Firefighter Plan administered by the Public Employees Retirement Association (PERA); and WHEREAS, the City and the Stillwater Firefighters Relief Association have jointly consented to and obtained a cost analysis for joining the Statewide Volunteer Firefighter Plan from PERA not more than 120 days ago; and WHEREAS, the City highly values the contributions of the City Fire Department members to the safety and well-being of our community and wishes to safeguard their pension investments in a prudent manner; and WHEREAS, the existing benefit level for the Stillwater Firefighters Relief Association is currently $11,000.00 per year of service pursuant to current relief association bylaws. NOW, THEREFORE, BE IT RESOLVED: 1) The City hereby approves coverage by and requests participation in the Statewide Volunteer Firefighter Plan administered by PERA under the terms provided in the PERA cost analysis at the $11,000.00 benefit level per year of service, effective January 1, 2025; and 2) The City hereby approves coverage by and requests participation in the Statewide Volunteer Firefighter Plan administered by PERA under the terms provided in the PERA cost analysis with the vesting schedule beginning at 40% after 5 years of service, increasing by 4% each year until 100% vesting is reached after 20 years of service; and 3) The City Clerk/Administrator and Mayor are hereby authorized to execute all documents necessary to effectuate the intent of this resolution. Adopted by the City Council this 4t" day of June, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Local Option Sales Tax Overview: In the 2023 Legislative Session, the City of Stillwater was given authorization to consider a Local Option Sales Tax for the Riverfront Improvement Project. In addition, the City received $6 million in a State Bonding Grant for the project (Bridgeview Park, Lumberjack Landing, and Lowell Park Pavilion). The estimated cost for full completion of the project is $12.2 million (less $1 million donation and small City contribution). As a condition of the State Bonding Grant, the project as described has to be completed in totality. The Local Option Sales Tax would supplement the State Bonding Grant to complete all improvements to the Riverfront. The Local Option Sales Tax is being proposed for about 50% of the authorized amount by the State Legislature. The authorization was for $12.5 million over 20 years at 0.5%. The proposed amount is $6.2 million over 10 years at 0.5%. University of Minnesota Study In 2023 the City engaged the University of Minnesota Extension to conduct a study on a Local Option Sales Tax in Stillwater. Below are some of the findings from that report: ■ Using 2020 sales and use tax data available from the Minnesota Department of Revenue (MN Revenue), Extension estimated that non-residents account for 46.1 percent of taxable sales subject to a local option sales tax (LOST). ■ If the tax were in place in 2020, a 0.5 percent local option sales tax would have garnered $970,000 in tax proceeds according to MN Department of Revenue analysts. Stillwater residents would have contributed $522,830 thousand in taxes, and non-residents would have contributed $447,170. Based on these estimates, each Stillwater resident would have paid, on average, an additional $26.96 in sales tax in 2020. Taxable Sales Percent of Sales City residents $104,566,000 53.9% Non-residents $89,434,000 46.1% ■ Policymakers must also consider the impacts that a LOST may have on consumer purchasing behavior, particularly whether it will result in a loss of consumer purchases to other jurisdictions. Extension examined records of 11 cities that enacted a local option sales tax between 1999 and 2006 (information available on the Minnesota Department of Revenue website). Records do not indicate a major purchasing change due to the additional sales tax, and most of the jurisdictions have shown continued sales growth. Policymakers must determine the best allowable method to raise revenue from a variety of options. One option is raising property taxes, which is not directly related to a household's current income and raises the financial burden of low-income or retired homeowners. Sales taxes raise revenues based on household expenditures, which, in Minnesota, excludes the basic necessities of food and clothing. However, since sales tax raises revenues from nonresidents who shop in Stillwater, resident contributions to tax revenues are significantly lower than a tax generated exclusively by local residents, such as a property tax. Policymakers must carefully consider these and other factors before making a decision about enacting a local sales tax. Next Steps and Considerations ■ The proposal is to finance $6.2 million over 10 years on a 0.5% sales tax. ■ The City would engage with Rapp Strategies to education the public about the project and proposed sales tax. ■ The City will need to draft ballot language by the end of July or mid -August ■ The attached Resolution will need to be adopted 90 days before General Election (for consideration tonight) ■ If approved by referendum, the City would need to draft an ordinance. ■ This could be effective 2025 (must begin on the first day of a calendar quarter) Recommended Action: Motion to approve the attached Resolution authorizing the Local Option Sales Tax for Referendum vote. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX A RESOLUTION AUTHORIZING A REFERENDUM FOR A LOCAL SALES AND USE TAX TO FUND SPECIFIC CAPITAL IMPROVEMENTS PROVIDING REGIONAL BENEFIT, TO ESTABLISH THE DURATION OF THE TAX AND THE REVENUE TO BE RAISED BY THE TAX, AND TO AUTHORIZE THE CITY TO ISSUE BONDS SUPPORTED BY THE SALES TAX WHEREAS, Minnesota Statutes, Section 297A.99, authorizes the imposition of a general sales tax if permitted by special law of the Minnesota Legislature and requires that before requesting legislative approval of a special law for a local sales and use tax, the City Council must indicate its approval of the tax; and WHEREAS, the City Council of the City of Stillwater, Minnesota ("City") has identified the Riverfront Improvement Project to be funded with revenue from a general sales and use tax (collectively, the "Project"); and WHEREAS, the Minnesota Legislature authorized the City of Stillwater to pursue a Local Option Sale Tax in 2023 Minnesota Session Laws, Chapter 64, Article 10, Sec. 48; WHEREAS, there are three parks in the Project that are directly located on the St. Croix National Scenic Riverway, a river which attract hundreds of thousands of National and Regional visitors every year, which have regional significance and will serve visitors drawn to the community; and WHEREAS, the Project is also adjacent to the St. Croix River Crossing Loop Trail ("Loop Trail"), a 4.7 mile trail stretching from Minnesota through Wisconsin that was developed with the cooperation of St. Croix County, Wisconsin, the City of Houlton, Wisconsin, Washington County, and Oak Park Heights, as it crosses both the St. Croix Crossing Bridge and the Historic Lift Bridge, and is a regional draw to access the St. Croix National Scenic River; and WHEREAS, the Project will increase and improve access to the St. Croix National Scenic River through the development and improvements to the following parks: • Lumberjack Landing Park is the development of a new premier park on the St. Croix National Scenic Riverway that will provide unique amenities such as the renovation of the existing homestead into a multi -use park building, as well as opportunities for direct trail access to the St. Croix National Scenic Riverway and installing an ADA Accessible Canoe/Kayak launch to the St. Croix River, while preserving the natural environment; • Bridgeview Park, located on the Loop Trail, is home to the Moritz Bergstein Shoddy Mill and Warehouse historic buildings which need to be restored in order to preserve Jewish history; and will provide a boat dock along the St. Croix River and improve park space with the South Main Archeological District listed on the National Register of Historic Places; • Lowell Park, where the majority of Stillwater's special events are hosted, require improvements to restore the historic and iconic Lowell Park Pavilion to ensure its scenic views and this picturesque wedding and outdoor free event venue setting can be enjoyed for generations; • The Project area is located adjacent to Historic Downtown Stillwater, which draws shoppers and visitors from around the region year-round; • The Project is located along the St. Croix National Scenic Riverway where boaters from the region and from around the world stop to enjoy the scenic views offered by Stillwater's unique bluffs and bridges, walk or bike the Loop Trail, or shop, dine and stay at Historic Downtown Stillwater's eclectic shops, restaurants and hotels; • The City of Stillwater hosts over 70 events annually, including national and regionally significant events such as the World Snow Sculpting Championships, Hockey Day Minnesota, Lumberjack Days, Ice Palace Maze, Fourth of July Celebration, Rivertown Fall Art Festival, Harvest Fest and many more, all which attract hundreds of thousands of visitors annually; and WHEREAS, the City has proposed that a sales and use tax of up to one-half of one percent (0.5%) be imposed to pay the costs of collecting the tax and to pay all or part of the costs of the Project; and WHEREAS, the Project will result in benefits to both the residents and the businesses of the City and to non-resident visitors and businesses and will have regional significance, drawing hundreds of thousands of visitors to the community; and WHEREAS, funding the Project with a local sales tax will more closely distribute the cost of the Project to the users of the Project; and WHEREAS, the Project is projected to cost approximately $13,500,000; and WHEREAS, the City estimates that the tax will generate revenue of approximately $6,200,000 for a period of up to 10 years; and NOW THEREFORE BE IT RESOLVED, the City Council of the City of Stillwater, County of Washington, State of Minnesota, that: The City Council supports the authority to impose a one -half -of -one percent (0.5%) general local sales and use tax for a period of up to 10 years or until $6,200,000, plus an amount equal to interest and the costs of issuance of any bonds issued to finance the Project is raised (unless otherwise extended by subsequent Legislative authorization), to fund the Project; and 2. If the ballot question passes, the City will adopt an ordinance imposing the tax and notify the commissioner of the Department of Revenue of the tax at least 90 days before the first day of the calendar quarter in which the tax will be imposed; and 3. The City Council hereby indicates its approval to authorize a referendum for a local sales and use tax for the Project. 2 Adopted by the Stillwater City Council this 4th day of June, 2024. 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CD CD C 0 0' O O O CD c� CL CD o ¢' CD D 0 U) N w C O � 0 to 1 lwater THE BIRTHPLACE OF MINNESOTA Riverfront Park Projects 2023 Legislative Bill Approvals Bonding Bill Sales Tax Park Projects Lumberjack Landing Lowell Park Pavilion Bridgeview Park Cost Estimates Next Steps City of Stillwater Lumberjack Landing Local Option Sales Tax Funded Aiple House Renovation Riverbank Stabilization Parking Lot ( North of Zephyr) Bonding Bill Identified Kayak Launch and Trail* - Browns Creek Trail Connection Picnic Shelter Driveway Reconstruction* Vegetative Management (north) Denotes design in progress* City of Stillwater — BERJACK LANDING- nsME; re- WVL LUMBERJACK LANDING - Riverbank Stabilization and Trail Construction [PA! ; ;g n 1 7 IA C BRIDGEVIEW PARK 11 Aon 6 VA, Local Option Sales Tax Funded Central Area Park (Picnic shelter, turf , Irrigation, Historical Signage ) Vegetative Management Bonding Bill Identified Shoddy Mill And Bergstein Warehouse Rehab Boat Docks w/ Fishing Pier Boat Launch Parking Lot Vegetative Management BRIDGEVIEW PARK Bergstein Warehouse and Shoddy Mill Rehabilitation City of Stillwater BERGSTEIN WAREHOUSE & SHODDY MILL RENOVATION IrTION 4 Number a2.1 Project Number: 241.1 Name: EXTERIOR RENDERS N - ILWAIN wwowr.mTw Riverfront Parks Projects Bonding Bill City L.O.S.T. Donation LUMBERJACK LANDING Aiple house Renovation $ 4,000,000 $ 160,000 $ 2,840,000 $ 1,000,000 Kayak Launch, walkway, Fishing pier $ 387,061 $ 387,061 $ - Driveway $ 200,000 $ 200,000 Picnic Shelter( former garage) $ 631,999 $ 631,999 Vegatation Mangement ( South) $ 121,000 $ 19,000 $ 102,000 Vegetation Management( North) $ 22,000 $ 22,000 Zephyr Parking Lot $ 400,000 $ 400,000 Riverbank Stabilization $ 1,900,000 MMIM"Ir Connection to Browns Creek Trail $ 71,000 $ 71,000 Lowell• •• $ 477,100 BridgeviewPark South Area Parking Lot and boat launch $ 741,082 $ 741,082 Central Area Picnic Shelter $ 300,000 $ 300,000 Irrigation $ 35,000 $ 35,000 Grading $ 42,000 $ 42,000 Vegetative Management $ 125,000 $ 125,000 Shoddy Mill And Warehouse Area Shoddy Mill Building( estimated) $ 1,000,000 $ 1,000,000 Warehouse building( estimated) $ 264,447 $ 264,447 IF Trail connection $ 50,000 $ 50,000 _ Boat Docks Courtesy w fishing pier $ 2,143,811 $ 2,143,811 Historical and Archeological signage $ 11,500 $ 11,500 Contingency $ 558,000 $ 558,000 Funding Summary • Kayak Launch and Trail* - • Picnic Shelter • Driveway Reconstruction* • Browns Creek Trail Connection • Vegetative Management (north) • Shoddy Mill And Bergstein Warehouse Rehab • Boat Docks w/ Fishing Pier • Boat Launch • Parking Lot • Vegetative Management • $6 Million City of Stillwater tlIlwvaIer. Sales Tax • Aiple House Renovation • Riverbank Stabilization • Parking Lot (North of Zephyr) • Central Area Park (Picnic shelter, turf , Irrigation, Historical Signage ) • Vegetative Management $6.2 Million *$1.1 million donation and $179,000 City cost not included Local Option Sales Tax NEXT STEPS Pass a Resolution Authorizing the L.O.S.T. to Referendum Develop Ballot Questions Referendum Vote Pass an Ordinance (if passed by referendum) File with the State of Minnesota City of Stillwater i water THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Council FROM: Ben Gutknecht, Planning Manager SUBJECT: Comprehensive Zoning Code Amendment (2024-2025) Allowable Uses and District Standards BACKGROUND Throughout 2024 and into 2025 the Planning Division will be conducting a comprehensive zoning code amendment. Staff began the process with a kickoff meeting in March to discuss goals, timelines, and workflow. The following report will serve as a roadmap through the Amendment process and provide the City Commissions/Council with a high- level workflow. On May 7, 2024, the City Council reviewed the draft Zoning Map along with a preview of allowable uses and district standards. Consensus of the City Council was to move forward with the Zoning Map as presented to serve as the framework moving forward. This stage will focus on formal review of Allowable Uses within each Zoning District along with District Standards (setbacks, lot coverages, etc.). [Como The primary goals for the comprehensive zoning code amendment are to consolidate the number of Zoning Districts, consolidate the Use Table and Land Uses, simplify and modernize existing and proposed regulations, and update the zoning code definitions and performance standards. Staff Resources Staff anticipates utilizing internal City Staff resources for majority of the review with budgeted assistance from the City Attorney. This will include working with Commission (along with other City Advisory Commissions), City Council, and public feedback at various points throughout the process. Overall Project Schedule -Kick Off Meeting -Zoning Maps and District October • Staff City •Concept Attorney Review Draft Full Draft Code -Consolidate Use Table -Review District Standards -Review Zoning Code Definitions -Review Performance Standards August •Environmental/ Sustainability -Additional Regulatory Sections/Standards k- • Public • Public M. Public Comment Workshop Hearing Period (Focused) Updated Zoning Code is anticipated to be formally adopted. ACTION •September Quality control and Analysis for Ordinance consistency No action is being requested at this time. This report if for informational purposes only. The Planning Commission reviewed this framework at their April Meeting and supported the approach. Stillwater Zoning Code Update Framework for Allowable Uses and Zoning District Standards June 4, 2024 Introduction Purpose: The purpose of this report is to establish a framework for a comprehensive amendment to the City of Stillwater's Zoning Code. This is a continuation of the April City Council Workshop, now focused on Allowable Uses and District Standards. The previous step established a new baseline by a Proposed/Draft Official Zoning Map. The Council previously saw these current materials (allowable uses and district standards), but now the proposals have been formalized and ready for direction. Goal: The goal of the Zoning Code Update is to streamline by consolidation. That said, this is an iterative process. Decisions made `downstream' of the Zoning Map Amendment may result in a need to step back and refine the Zoning Map. Strategy: In recognition that many of the allowable uses fairly repetitive with small differences and very detailed, it is possible to consolidate allowable uses into more general categories without creating nonconforming lots or creating additional developable area beyond the scope of our Comprehensive Plan. For those allowable uses needing more oversight and approvals (licenses, conditional use permits, interim use permits, etc., it is acceptable to list these uses in more detail). Tactic: The actual process proposed to achieve the above strategy and goal can be found in the following exhibits. Exhibit A Allowable Uses Comparison/Crosswalk Exhibit B District Standards Comparisons Tables Allowable Uses Highlights: Cannabis Regulations o Due to recent changes in the State Statutes governing cannabis there will be a change to these uses as we progress through the amendment process. Staff will be adjusting these uses including relevant performance standards later on in the process. • Motor Vehicle Sales o Motor vehicle sales was previously only allowed in the "Commercial District" with specific performance standards. With the consolidation of commercial districts into the proposed B2 the area where motor vehicle sales would be allowed is expanding. Staff will dive into this in the future including possible performance standards (lot size, setbacks, etc.) and is also seeking direction from the City Council. 0 Animal Uses in Commercial/Industrial o The current code lists "Animal Boarding" as the only animal related use in the non-residential districts, specifically allowed in the current Industrial district. Going forward staff proposes expanding animal uses in these districts to include at least veterinarian clinics, but could include, grooming, daycare, or sales. Accessory Dwelling Units and Duplexes o To align with current goals set in the Comprehensive Plan, Staff is proposing the expansion of duplexes and accessory dwelling units. The current proposal would allow duplexes in the R1, R2, and R3 districts. Accessory dwelling units would be permitted in all residential districts. Zoning District Standards Highlight: B2 (General Commercial/Mixed-Use): The proposed B2 district is comprised of the existing Village Commercial (VC), Commercial (CA), and Business Park Commercial (BPC) districts. o Staff has identified the following discrepancies as a result of this consolidation: ■ BPC district requires a 75-foot setback to abutting residential districts, VC and CA do not. This could create possible lawful nonconforming setbacks. ■ BPC currently has properties within the district boundaries that are lawful nonconforming in regards to the 75-foot abutting residential setback. On average these properties are with 45 feet of a residential property line. ■ Including VC into the proposed B2 district opens up possibility of Motor Vehicle Sales in the VC district area. o Staff has identified the following options to possibly resolve these concerns. Leave VC as a stand-alone zoning district or amend the current 75-foot abutting residential setback to 45 feet for the proposed B2 district. Staff is seeking direction from the City Council on which resolution would be preferred. Prepared by: Tim Gladhill Community Development Director Ben Gutknecht Planning Manager Katriona Molasky Assistant City Planner Proposed Official Zoning Map (from previous step) S�fllwage, 2024 Comprehensive Zoning Code Update Proposed Official Zoning Map stilweter mining Zoning Distrim t, D—n— _ . Mi d use B3: Neighborhood Commerdal _ 11: CMl. and Indaslrlal _ P1: PablldDaa.W.blic - R—ast n R1: Single Family Residential R2: Neighborhood Consery tlon RI Medium Density Residential _ R4: High Density Residential Proposed District Standards and Use Tables 1. R1 — Single Family Residential a. Purpose Statement: This district provides a broad range of low and medium density residential opportunities with 5 to 9.7 units per acre. The focus is on neighborhood development in what remains of undeveloped areas in Western Stillwater and provides infill opportunities in some existing larger lots. Typical uses include housing, churches, playgrounds, and parks rather than mixed -use or commercial nodes. b. Massing Regulations: Density 5-9.7 U/A Lot Size 6,000 Lot Width 50 Lot Depth 100 Front Yard Setback 20 Front Yard Setback (Garage) 20 Side Yard Setback 5 Side Yard Setback (Garage) 5 Side Yard Corner/Exterior Setback 20 Side Yard Corner/Exterior Setback (Garage) 20 Rear Yard Setback 25 Rear Yard Setback (Garage) 5 Lot Coverage 35% Building Height 25 Building Height Accessory Structures 20 2. R2 — Neighborhood Conservation a. Purpose Statement: This district provides low and medium density residential opportunities with 5 to 9.7 units per acre. It is primarily existing residential areas in the historic neighborhoods of the city, and focuses on preserving the form, development, and function of the historic neighborhoods. It provides housing, churches, schools, and has small neighborhood commercial nodes. This district requires design review for external renovation projects and prioritizes walkability to historic commercial nodes. b. Massing Regulations: Density 5-9.7 U/A Lot Size 6,000 Lot Width 50 Lot Depth 100 Front Yard Setback 20 Front Yard Setback (Garage) 30 Side Yard Setback 5 Side Yard Setback (Garage) 3 Side Yard (Corner/Exterior) Setback 20 Side Yard Corner/Exterior Setback (Garage) 30 Rear Yard Setback 20 Rear Yard Setback (Garage) 3 Lot Coverage 30% Structural 20% Other Building Height 25 Building Height Accessory Structures 20 3. R3 — Medium Density Residential a. Purpose Statement: This district provides for a density of 6 to 14.5 units per acre. Typical uses include townhomes and small-scale apartment buildings. Provides sites for new townhomes and housing types of similar styles and densities. b. Massing Regulations: Density 6-14.5 U/A Lot Size 3,000 Front Yard Setback 20 Front Yard Setback (Garage) 25 Side Yard Setback 25 Side Yard Setback (Garage) 25 Side Yard Corner/Exterior Setback 25 Side Yard Corner/Exterior Setback (Garage) 25 Rear Yard Setback 25 Rear Yard Setback (Garage) 25 Building Separation 15 Lot Coverage Building Height 35 Building Height Accessory Structures 35 Required Recreation Space 10% of Gross Project Area 4. R4 — High Density Residential a. Purpose Statement: This district provides for a density of 12 to 25 units per acre and includes areas where apartments and condominiums are located. b. Massing Regulations: Density 12-25 U/A Lot Size 1,500 Front Yard Setback 35 Front Yard Setback (Garage) 45 Side Yard Setback 20 Side Yard Setback (Garage) 10 Side Yard Corner/Exterior Setback Side Yard Corner/Exterior Setback (Garage) Rear Yard Setback 45 Rear Yard Setback (Garage) 10 Building Separation 35 Lot Coverage Floor Area Ratio F.A.R 0.75 Building Height Stories 3 Building Height Accessory Structures Required Recreation Space 10% of Gross Project Area 5. Residential Use Table R1 R2 R3 R4 5-9.7 U/A 5-9.7 U/A 6-14.5 U/A 12-25 U/A Allowable Uses Single -Family P P Detached Duplexes P P P Townhomes (3+ P P Attached) Apartments and P Condominiums Assisted Living and Memory P P P P Care Accessory P P P P Dwelling Units Short Term Home P P P P Rentals Home P P P P Occupation K-12 Schools, Public and CUP CUP CUP CUP Private Places of CUP CUP CUP CUP Worship Cemeteries CUP CUP CUP CUP Agriculture and P Agricultural Sales Day Care (12 or P P P P fewer Day Care (13 to CUP CUP CUP CUP or more 6. B 1 —Downtown a. Purpose Statement: This district provides a community and regional mixed -use center for retail, shops, restaurants, offices, other commercial uses, and a mix of residential. This district requires design review to ensure new development and rehabilitation integrate into the historic fabric of the district. b. Massing Regulations: Lot Size 10,000 Front Yard Setback 15 Side Yard Setback 10 Rear Yard Setback 20 Lot Coverage 80% Landscaping and Open Space 20% Building Height (Stories) Refer to Height Overlay District in Section 28-299 Building Height Accessory Structures 2 Stories or 25 feet 7. B2 — General Commercial/Mixed Use a. Purpose Statement: This district is based around accommodating a wide variety of retail goods and services that are more intense than neighborhood scale commercial and serve the region. It has a Mixed -Use Overlay District that allows for the greater integration of residential with mixed -use commercial developments in a thoughtful manner overtime. b. Massing Regulations: Lot Size 10,000 Front Yard Setback 30 Side Yard Corner/Exterior Setback 30 Side Yard Setback 20 Rear Yard Setback 15 Setback to Abutting Residential 45 Lot Coverage 60% Landscaping and Open Space 20% Building Height Stories 40 Building Height Accessory Structures 1 20 8. B3 — Neighborhood Commercial a. Purpose Statement: This district preserves historic neighborhood nodes and offers neighborhood residents access to commercial goods and services. It provides opportunity for retail and services to adjacent residents and the Stillwater community. Typical uses include convenience stores, coffee shops and cafes, retail, and small-scale restaurants. It strives to preserve and promote uses that don't negatively impact the neighborhood. b. Massing Regulations: Lot Size 5,000 Front Yard Setback 10 Side Yard Corner/Exterior Setback 10 Side Yard Setback 5 Rear Yard Setback 10 Lot Coverage 80% Landscaping and Open Space 0% Building Height Stories 35 Building Height Accessory Structures 20 and cannot exceed principal structure 9. 1 — Industrial/Office a. Purpose Statement: This district provides areas for limited industrial and manufacturing and mixed office uses for the region. This area serves the greater Stillwater Community but is primarily located in southern Stillwater. b. Massing Regulations: Lot Size 1 Acre Front Yard Setback 40 Side Yard Setback 20 Rear Yard Setback 30 Setback to Abutting Residential 75 Lot Coverage 60% Landscaping and Open Space 20% Building Height Stories 40 10. P — Public/Institutional a. Purpose Statement: This district provides areas for public and quasi -public places that serve the regional community such as schools, hospitals, churches, cemeteries, and government institutions. b. Massing Regulations: Lot Size 10,000 Front Yard Setback 30 Side Yard (Corner/Exterior) Setback 20 Side Yard Setback 20 Rear Yard Setback 25 Landscaping and Open Space 30% Building Height Stories 45 Building Height Accessory Structures 20 11. Commercial, Industrial, and Mixed -Use Districts B1 B2 B3 I P Downtown General Neighborhoo Industria Public/ Commercial d I/Office Institutional /Mixed Use Commercial Allowable Use General Retail P P P A Tobacco Sales CUP P CUP CBD Retail CUP Establishment — Intoxicating Medical Cannabis CUP Distribution Facility Medical Cannabis CUP Laboratories Hemp — growing of Therapeutic Massage P P P P Business Restaurants P P P Taprooms (and other P P P P definitions) Drive Throughs CUP Personal and P P P P Professional Services Offices P P P P P Offices — Medical and P P P P Medical Ancillary Hospitals CUP Motor Vehicle Sales CUP (per perform ance standard s in code) Motor Vehicle Repair CUP (Major) Motor Vehicle Repair P P (Minor) Car Wash CUP 131 B2 B3 I P Downtown General Neighborhoo Industria Public/ Commercial d I/Office Institutional /Mixed Use Commercial Gas Station CUP Indoor Commercial P P P P Recreation Dog Training Facility CUP (per perfo rman ce stan dard s) Veterinarian Office P P Outdoor Commercial CUP CUP CUP CUP Recreation Outdoor Dining P P CUP Seasonal Outdoor Sales IUP IUP Outdoor Events IUP IUP IUP IUP IUP Commercial Nurseries P P K-12 Schools, Public and P Private Libraries and Museums P P Post Offices P P Commercial Day Care P P P P Hotels or Motels CUP P CUP Light Manufacturing P Warehousing P Indoor Self Storage CUP Transportation Terminals CUP Funeral Home or CUP Mortuary Multifamily Residential CUP Short Term Home P P Rentals Wireless Communication CUP Towers Exhibit A Allowable Uses Comparison/Crosswalk Commercial, Industrial, and Mixed -Use District Allowable Uses Crosswalk Previous Description New Description General retail business uses or service; local market' General Retail General retail business uses or service; local and regional market General Retail Specialty retail, incl. antique shops General Retail Department stores General Retail Drug stores General Retail Interior decorating sales; sale of floor covering, paint, wallpaper, materials and objects of interior decorating General Retail Appliances and furniture, sale of General Retail Household goods, sale of (including china) General Retail Books, magazines, newspapers, stationary; sale of General Retail Gifts, flowers, photographic supplies; sale of General Retail Medical cannabis distribution facility Medical cannabis distribution facility CBD retail establishments non -intoxicating CBD retail establishments non -intoxicating CBD retail establishments intoxicating CBD retail establishments intoxicating Therapeutic massage business Therapeutic massage business Tobacco products; sale of Tobacco products; sale of Hardware, sale of General Retail Sporting goods; sale of General Retail Music store General Retail Supermarket, retail food General Retail Baked goods, manufacture/retail sale of (<_ 5 persons employed) General Retail Baked goods, manufacture/retail sale of ( > 5 persons employed) General Retail Grocery, < 5,000 sq. ft. of retail area General Retail Restaurants3 Restaurants Fast food outlet Restaurants Tea rooms, delis, coffee shops, soda fountains, not including the sale of alcoholic beverages Restaurants Outside eating establishments Outdoor Dining Drive-in or drive -through: restaurant, eating places or any other use involving a drive-in or drive -through activity Drive Throughs Barber or beauty shops Personal or Professional Services Shoe repair shop Personal or Professional Services Printing shop Manufacturing? Photo processing General Retail? Tailoring or pressing Personal or Professional Services Laundry; agencies, self-service, full service, dry cleaning Personal or Professional Services Laundry employing < 5 persons Personal or Professional Services Carpet, bag and rug cleaning Personal or Professional Services Banks and financial institutions Personal or Professional Services Offices; general, business or professional Offices Offices; finance, insurance, editorial or real estate services Offices Offices; administrative Offices Offices; business offices that are accessory to permitted uses on the site Offices Office buildings Offices Consultant services such as advertising, engineering, architects and designers Offices Radio or television stations Offices Offices; medical and dental Offices, medical Office display or sales spaces5 Offices Automotive sales, service and storage, excluding gasoline filling stations (See Section 28-382for performance standards. Motor Vehicle Sales Service stations or fuel sales (See Section 28-382for performance standards. ??? Gasoline filling station Gasoline filling station Auto repair and related services Auto repair and related services Car Washes Commercial recreational uses Indoor Commercial Recreation Commercial recreational entertainment Indoor Commercial Recreation Amusement and recreational establishments' Indoor Commercial Recreation Event Centers Outside entertainment, commercia18 Outdoor Special Events Indoor commercial recreation Indoor commercial recreation Outdoor commercial recreation Outdoor commercial recreation Outside eating areas Outdoor Dining Outside sales or special events' Outdoor Sales Outdoor Special Events Outside storage Outside storage Seasonal outdoor sales Seasonal outdoor sales Commercial nurseries Commercial nurseries Exterior phonographs, paging systems, musical instruments, etc. that may disturb the peace and quiet of the public Outdoor amplified music Parks Move all to PROS (and consolidate to simply parks and related infrastructure) and zone appropriately Trails Park structures" Playgrounds Nature preserve Athletic fields with li hts12 Outside tennis courts with lights 13 Outside basketball courts with lights 13 Outside hockey rinks with lightsl3 Athletic fields without lights 13 Outside tennis courts without lights Outside basketball courts without lights Outside hockey rinks without lights Recreation centers14 Multiple purpose park buildings Golf course Golf course club houses Dog park Public boat launch Other passive recreational or natural open spaces Parking lot Schools, business and technical Schools, public and private Post secondary education institutions Schools and studios for arts and crafts, photography, music, dance ?? Educational institutions, schools Schools, public and private Libraries, art galleries, theaters for the performing arts, and other such cultural facilities Libraries and Museums Libraries or post offices Libraries and Museums Public Administrative Offices Churches and other places of worship Places of Worship Day cares/ nurseries Day cares/ nurseries Group day care Day Cares Governmental facilities Public Administrative Offices Fire station Public Administrative Offices Hospitals, convalescent hospitals and nursing homes Hospitals, convalescent hospitals and nursing homes Hotels or motels Hotels or motels EMS facilities26 ?? Manufacturing, limited17 Light Manufacturing Manufacture of baked goods Light Manufacturing Manufacturing, processing, fabrication or assembling of limited commodit 18 Light Manufacturing Retail sales of products manufactured on the site19 Retail sales of products manufactured on the site19 Wholesale trade Warehousing Warehousing and outside storage Warehousing and inside storage Warehousing Mini -storage Indoor Self Storage Light industrial that is clean and compatible with surrounding properties Light Industrial Limited bottling works20 Light Industrial Printing and publishing or lithographic shop Light Industrial Chemical laboratories Light Industrial? Research establishments of industrial, medical or scientific nature Light Industrial Medical cannabis laboratories Medical cannabis laboratories Research facilities or research laboratories Research facilities or research laboratories Transportation station or terminal Transportation station or terminal Helipads Helipads Public works facility, including office and meeting space Public Administrative Offices Essential services Public utility transmission lines and facilities Utility Facilities Telephone exchange Utilities Facilities Parking facilities See Off Street Parking Performance Standards Private parking facilities > 5 cars See Off Street Parking Performance Standards Funeral home or mortuary Funeral home or mortuary Growing of industrial hemp Growing of industrial hemp Club or lode Event Center Dog training facility25 Dog training facility25 Outside eating areas Outdoor Dining Outside sales or special events' Outdoor Sales Special Events Residences of all classes Multifamily Residential Temporary structures Temporary structures Short-term home rentals Short-term home rentals Small wireless facilities in the right-of-way Small wireless facilities in the right-of-way Wireless communication services towers and antennas Wireless communication services towers and antennas Exhibit B District Standards (Massing Standards) Residential Densit RA TR CTR LR CR CCR RR (R1b) AP R1 -new- 5-9.7 U/A RB R2 -new" 5-9.7 U/A R3 —new" 6-14.5 U/A R4 ""new"" 12-25 U/A Lot Size Lot Width 10000 75 10000 65 14000 80 20000 80 6000 50 7000 60 43560 100 435600 300 6000 50 7500 50 6000 50 5000 3000 7000 3000 0 1 1500 Lot Width (Cul de Sac) 40 Lot Depth 100 170 300 300 100 100 100 Front Yard Setback 30 20 25 25 15 20 40 50 20 20 20 20 30 20 35 35 Front Yard Setback (Garage) 30 27 32 20 40 25 20 30 3 25 25 45 45 Side Yard Setback 10 10 7.5 10 5 7.5 15 25 5 7.5 5 25 25 20 20 Side Yard Setback (Garage) 10 3 5 51 7.51 151 25 51 31 3 25 25 10 10 Side Yard (Caner/Exterior) Setback 30 10 20 25 15 20 40 25 20 20 20 25 25 Side Yard Caner/Exterior) Setback Gara a 15 40 25 20 30 30 25 25 Rear Yard Setback 25 25 25 25 25 50 75 25 25 25 25 25 45 45 Rear Yard Setback (Garage) 3 3 50 75 5 3 3 25 25 10 10 Building Separation 15 40 50 15 35 35 OHW Setback 85 Lot Coverage 30 35 35 Lot Coaera a Structures 25 30 Lot Coverage (Other Impertious) 25 20 Floor Area Ratio 0.75 h[35 35 35 28 35 35 35 25 35 35 35 35 d35 EOBuildinHei 40 Building Height Stories 3 Buildin Hei h[ Access Structures 20 20 20 20 20 20 20 20 35 35 Building Height Ag Buildings 50 Garage Size 1000 1000 Ld Size CBD 10, 000 B1 1P_ Vc 10A00sf CA BPO 1/2acre NO NO 5000 &3^ne w^ 5000 BPI 11 BPO 1Ac 1^new" 1 PA 10,000 PWF 5Ac. PROS WA LotWtlM1 Ld WMM1 Culdesac Ld De iM1 Front— Setbeck(rnerior Lot) 15 15 50 ID 40 30 10 from 10 Ma k t noo ronald 40 40 40 30 50 50 30 Front Yam Setback (Comer Lot aide street) w% 0to t yam regairetl on abj." ld fronting on aide street, but oo less iM1en 15 or40 rear measured rrom °«temna of aide street, wtilPM1eceris rear« 30 10 10 20 W 50 20 20 fl teal Side In. Setback °f EotM1 sides 10 25 Ifno side OPeniigs: 0 feet: Ifside cpenings:4 bet 20 20 5 5 ce «er Wsings 20 20 20 20 30 50 20 (1N10 or ago Pen' W% of front yam requlretl on abJ." lot Side YaN (Correr/Exterior) S .1, finning on side street, Dut ro less tban 15 feet or 40 bat measured from centedine of aide rear, wfiicM1esris ree 50 Rear Y.d Setback 20 20 15 30 15 10 20 feet 10 Pe"meter Wsings 30 30 30 25 ?0 50 25 AbuOin 75 75 75 75 75 75 rio-W Lct Co�ere B0% 80% 80% 50% 50% M 50% 59% 50% 25% Candace In antl OW. S ce 20% Refer to 2. ReferN -1o, 40% 2 stodes not to 20% 20% 0% 0% 30% 3 States, 20% m% Mo, 3 Sto aa. 2 Stories, 30% 1 StoN. 20 30% Bulltll�g He10M OIredW skid, Section 2&2gB Oisinc, Section t8- mCe�35 40 40 35 35 max 40 40 feat 40 feet ax mfcet 35Rmex 65 bet 45 Accessory Building Heigh 2 stones «25 be1 2 stones or 5 k 1st ooi to exceed 20 bat I: ooi a exceed i20 ket nmi n l N exceed «Incipal structure o antl nout excee pdncipal 1 Story, ftm 1 Story. 20 ftmax Floor Area Rado ..Building. moat Fese b sl M1a�e auncN°nale entry along erery public sidewalk. b.C°mmem east one 4nc,.ro entry slang eery public sidewalk. or I�MII Ida, Of 1" Meriorfront yaN. WM1ere a unibmi font yaN s&back exists w 0Is less tM1an 30 feet, any bulltll�g or s[mc[ure erected, simdu211y aXeretl b.CommercielactiNtiea, nc utlirg food s.Mce arm sealing, may caupy yams. ONdoar inci1-N or, seMce antl s«Gecko lots, acks enlagetl may oomann to iM1e establisM1ed setback but In no case will a s&back Bless c«nmemial ae prohi— �n.1OW eeti�g, s may ExceptI.. isted in GAe(Pcesibb Future an be s milarfo "� into 20 bat De allowed. W.. a ur.- front Front and side P m ant S:00 a.m., unless an eseM o py Perbmiaooe SientleNs iM1e milario ih yaN setback does not mist, iM1e minimum Ee [M1e dint setbacks s 11 to landscaped permit m issued by iM1e aty. yams. Outdoor setback es beM1ec requlretl setback sMll aw2ge setback oft. tw°adja N1 main NnInIngs; or if c.Any oR-s[ree[parkirg co mmerola for the adjacent Ibings adjacent builNings [M1ere is only one adjacent ..in builtling, iM1e s otiM11mai m,bN in sM1th ust be lasted to tM1e rear .1. side of buildings. d.Sc g sM1all ba oofvhes nbeck NI-1,i�g ,g setback less tM1an 20 bet be allm Norgree[«[M1en 30 feet be required. pmNtletl alon d In g grogem in.ua g dal prMletad batwaen -I-- - properndles antl oR along street PaMin9 areas ebudi�g sheds. 10:00 p'm' and 800 unless on perM Is uetl by ne oty. o.Ary oR- Exhibit C Sustainable Stillwater Comments Tim Gladhill From: Roger Tomten <roger@sustainablestillwatermn.org> Sent: Saturday, March 23, 2024 2:02 PM To: Tim Gladhill Subject: Zoning Ordinance discussion Attachments: ZONING ORD COMMENTS 032324.pdf [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Tim, In previous discussions regarding the compatibility of our current zoning codes with the goals of the Comprehensive Plan and the Green Step Cities goals, you have asked for comments on the categories that need attention. Per your suggestion I have assembled a list of sections that should be reviewed to confirm their compatibility with the City's goals. The attached document lists the existing code section and highlights (in blue text) the comments or suggested revisions. I've tried to keep the discussion items brief but obviously much more could be said on each of these topics. In terms of the numerous residential zones, I've only addressed the RB-Two Family Residential zone at this time, as it represents the older, historic platting of Stillwater, completed prior to the zoning code being enacted. Some of the topics covered could easily reach into the other residential zones as well. Let me know if you have any comments or questions. I look forward to more discussion on this important topic. Roger Roger Tomten Board Vice Chair [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. SUSTAINABLE STILLWATER MINNESOTA [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. SustainableStillwaterMN.org Facebook: SustainableStillwaterMN Twitter: @MNsustainable Instagram: sustainablestillwatermn REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES Current Ordinances with comments/suggestions in blue text ORDINANCE CHAPTER 31 - ZONING ORDINANCE SECTION 31-308. RB two-family district. (a) Allowable uses. (b) Massing regulations. (1) Minimum standards. Lot area The RB zone represents the majority of housing built and developed prior to the implementation of the zoning ordinance. In most cases the original lot sizes were platted -40' x 130' or 5200 sq ft. This means that many developed lots were deemed non -compliant with the creation of this ordinance. This has probably been the most dramatic influence on destroying the historic character of the area and destroying the method of producing affordable housing in the area. Lot area should be minimized (-5000 sf) or eliminated as a standard. Lot width A majority of the originally platted lots in Stillwater were 40' wide. To set a requirement higher than that is destroying the historic character of the community. Lot depth This is an unnecessary requirement. Front yard setback - Main building This represents a suburban standard that should not be overlayed onto a historic neighborhood. It should be eliminated. Front yard setback - Garage A typical historic layout would include a garage de-emphasized from the front of the house. The critical criteria here would ensure that the garage is located behind the front face of the main building. Side yard setback - Interior- Main building This is a reasonable requirement for this zone. Side yard setback -Interior - Garage This is a reasonable requirement for this zone. Side yard setback - Exterior (corner side)- Main building No setback should be required here. Side yard setback -Exterior (corner side) - Garage This is a reasonable requirement for this zone. 3/23/24 Page 1 of 5 REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES Current Ordinances with comments/suggestions in blue text Rear yard setback - Main building This is a reasonable requirement for this zone. Rear yard setback - Garage This is a reasonable requirement for this zone. Frontage requirement This is a reasonable requirement for this zone. SECTION 31-317 CBD CENTRAL BUSINESS DISTRICT (b) Allowable uses. In general the discussion of Allowable Uses should be greatly diminished or eliminated in areas of the City where a mix of uses is desired and beneficial. (c) Massing regulations. Maximum Height The Height Overlay District in the current code was the reaction to the three large condominium projects that were built in the 1990's, and specifically in reaction to Stillwater Mills and The Lofts. Stillwater Mills replaced a predominately one story manufacturing/industrial facility. The Lofts was constructed on a former vacant site. So when these two large structures, both utilizing the full 50 foot maximum allowed height at the time, it changed the character of the area so drastically that people thought something had to be done. The "down in front" approach laid out in this overlay district should be approached carefully so as not to result in underdeveloped and blank blocks and lots, loss of value and uses in the core downtown area and loss of revenue to the City. There should also be a discussion about the method used to measure building height. The side effect of using height measurements in feet in lieu of stories is going to be the truncation of buildings all at the same height over time, and the loss of vertical articulation and a variety of forms within a block. These are defining factors in human scaled historic environments and we are zoning the character of Stillwater that we love right out of existence. Lot Area What characteristic of Historic Stillwater is this protecting? If anything it is potentially eliminating the small, human scaled development pattern that defines Stillwater and reducing affordability and adaptability. It should be eliminated. Front Setback There is no reason for a Front Setback in this setting. Such a setback only serves to destroy the historic character of the area. It should be eliminated. 3/23/24 Page 2 of 5 REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES Current Ordinances with comments/suggestions in blue text Side Setback Similar to the Front Setback, it only serves to destroy the historic character of the area. It should be eliminated. Building Codes already establish setbacks for the safety and welfare of the public, so there is no need to repeat them in the zoning code. Rear Setback See the Side Setback comment above. Ideally the CBD should be governed by a Form Based Code to allow quicker response times for approvals and results that are in keeping with the city's historic character. Lot Coverage and Landscaped Area Similar to the Front and Side Setbacks, it only serves to destroy the historic character of the area. It should be eliminated. Additional Setback Standards None of the roadways listed are contiguous with the current CBD. This section should be eliminated. 3/23/24 Page 3 of 5 REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES Current Ordinances with comments/suggestions in blue text ARTICLE V. - PERFORMANCE STANDARDS DIVISION 1. - RESIDENTIAL STANDARDS Sec. 31-501. - Accessory dwellings. Lot size minimums and off-street parking requirements hinder and discourage this housing option. Sec. 31-506. - Condominium conversion regulations. Subd. 4. (b) Off-street parking Sec. 31-507. - Multifamily residential district bonus. 10% bonus if 80% of units meet affordable housing standards. Such formulas (if needed) have to be careful not to concentrate affordable housing. The goal should be to entice all developments to apportion affordability into their projects, not separate market -rate from affordable housing. DIVISION 2. - RESIDENTIAL AND NON-RESIDENTIAL STANDARDS Sec. 31-510. Off-street parking and loading. Off street parking (or any parking) requirements need to be reanalyzed. They are one of the driving factors in the cost of housing, infill development and perhaps more importantly, the scale of infill development. Sec. 31-513. Landscaping. Subd. 1. (b) Street trees. Trees shall be planted along all streets. Street trees shall be set back a distance of ten feet from the street right-of-way. Street trees belong in the street right-of-way, not set back ten feet from the street right- of-way. The benefits of street trees are numerous and should be a part of any street improvement budget. Subd. 1. (c) Front yards: Non-residential. The minimum front yard ... shall be covered with sod ... Requiring sod is not what should stated. Instead, look more toward encouraging low water -use and native landscaping. 3/23/24 Page 4 of 5 REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES Current Ordinances with comments/suggestions in blue text DIVISION 4. - CONSERVATION REGULATIONS - ALL DISTRICTS Sec. 31-521. - Slope regulations. These regulations should vary depending in the intensity of the development. Restrictions of building locations and roadways in the Central Business District are detrimental to the viability and walkability of the CBD. These regulations would be more appropriate in the lower density areas of the City. Sec. 31-522. - Tree and forest protection. Subd.2. District Boundaries. The tree protection regulations apply to all zoning districts within the city. Restrictions should vary depending on the intensity of development. The requirements in a sub -urban or residential zone should not be the same as those in an urban core or Central Business District zone. Subd.4. Tree Protection Plan. In lower density zones, site planning should be encouraged to avoid heritage tree locations and to incorporate them into the site plan. Using them as visual terminations, edges of open spaces, or shaded sites for group gatherings are examples of site plan integration. Subd.5. Tree replacement. Tree replacement requirements should be reviewed and adjusted based on the number of trees to be removed and the amount of space available for replacement. When new streets are built as part of the development, street trees should be required and included in the replacement count. Encourage a mix of tree sizes, using larger caliper trees for spatial definition, immediate shading needs and street tree locations. Spaded street trees (larger caliper) will not require as much pruning and maintenance and will provide shaded sidewalks and protection for pedestrians. 3/23/24 Page 5 of 5 June, . - August 10, 2024' . . Bayport Pfbl"rc Library Stillwater Public Library 4pof r t t F r ";v Tgo WYA 0, v. A. E -------- 1 it r rI� 4P . Dive into a summer of reading and exploration! r� ■ Your adventure begins when you visit the library to sign up for Summer Explorers. You'll receive a free book to keep and a Voyage Guide (with an ocean tracker gameboard inside) to get you started on your journey with Captain Owliver and his owlie divers. ■ Prefer an online option? Sign up on Beanstack at stillwaterbayportlibrary.beanstack.org to track reading and activities. • Set a reading goal, explore activity challenges, and discover great books by reading (or being read to) throughout the summer. • Become a Gold Star Reader! Bring your completed tracker back to the library or show staff your Beanstack log to be recognized as a gold star reader. What's happening at the Bayport and Stillwater libraries this summer? We have a great lineup of summer programming! For the most current details (as events are subject to change) or to register, visit library.stillwatermn.gov and bayportlibrary.org. Suggested Summer Explorer Activities: • Read outside ■ Conduct a science experiment • Attend a library program • Listen to an audiobook Write a poem Make something from a recipe Borrow a Nature Backpack Visit a Farmer's Market Write and mail a letter Create something new at home • Do a scavenger hunt • Perform a puppet show • Read nonfiction • Learn about a Blue Park A* Special Events Summer Wednesdays,10:30 AM June 5: Circus Manduha€ June 12: Bill the Juggler June IS: Library Closed (Juneteenth) June 26: Brodini Comedy Magic Show July 3: Hunter Marionettes July 10: Dazzling Dave Yo-Yo Master July 17: Will Sings Songs! July 24: Wendy s Wiggle, Jlggggle & Jam July 31: Rap, Rock & Read wiiFi Miss Nina Aug 7: Puppet Show - The Three Little Pigs Summer Second Saturdays,10:30 AM June 8: Bill the Juggler July 13: Hunter Marionettes Aug 10: Puppet Show -The Three Little Pigs Programs (' requires registration) Art Exploration, 0:30 AM unless specified Thursday, June 6, until 2:30: Clay City, 3-10 Tuesday, June 18: Clay Dragonflies*, 6-12 Tuesday, July 23,1 PM: Clay Octopus', 6-12 Thursday, August 1: Ocean Diorama', 8-12 Tuesday, August 13, until 12:30: Process Art 3-7 Wednesday, August 14: Eric Carle Art% 3-5 Chess Club*, Ages 8-Adult 1st & 3rd Tuesdays, June -August, 4 PM Crochet Club forTweens/Teens ,10+ Tuesday, June 11 & 25, July 9 & 23, 4 PM Dive into STEM, 2 PM Thursday, June 13: Ocean Jar , 8-12 Saturday, June 22: Ocean Animals, 6-12 Thursday, July 1!: Shipwrecked , 6-12 Saturday, July 20: Make a splash, 4--10 MN DNR Natural Wonders,10:30 AM, 6-12 Thursday, June 13: Dra onfliew Thursday, July R: Rare, Common, Invas€ve? Thursday, August 8: Pollinators' Roe Family Singers, all a es Thursday, June-13, 6:30 Pt Summer Lego Club, 4 PM, 6-12 Thursday, June 27. Sea Creatures Thursday, July 25: Shark Week Summer Readers Book Club Thursday, August 8, 2 PM, 8-12 Write Your Own Silly Storyy Thursday, June 27,10:30 AM, 8-12 Under the Sea Science Monday, July 15,1 PM, 3-5 Monday, July 15, 2:30 PM, 6-12 Yoga for Kids Monday, June 24,10:30 AM, 4-10 EA Bayport Kickoff with Brodini Comedy Magic Show Wednesday, June 5, 1 PM Ice Cream Social at Lakeside Park Wednesday, June 5, 6-8 PM Summer Thursdays, 2 PM June 6: Summer Movie - Wish June 13: Summer Movie - Kung Fu Panda 4 June 20: Wonder Weavers Storytellers June 27: Roe Family Singers July 4: Library Closed (independence Day) July II: Raptors of Minnesota July 18: Lalo's Lunchbox July 25: A Touch of Magic - The Birthday Show Au ust 1: Summer Beach Marty Books & Benches at Croixdale Tuesday, June 25, 10 AM Kids Day Activities at , Bayport Forms. MarkeIPM Monday, July 15, 3 - 5.30 Puppet show - Pigs he Three ttle Tuesday, July 30,10:30 AM SIN WeekFamillyyyat Storytime with I� ss� Library Every Tuesday,10:30 AM�excepT%ly 30) Let's Create! (eednesdays, June 12 - July 31, 2 PM) xcept June 19, closed for Juneteenth) Baby Storytime with Misq Jill Every Thursday,10:30 AM except July 4) Summer Book Club Tuesdays, June 4, 11,18 & 25, 11:15 AM Part" ants will receive our featured book, The W id Robot by Peter Brown. Registration is required. —„., - r� I s ' -�pine - "�� s/ �Y o W ❑ U N o i U O W — F camas �' a ■ i y rQi ,i •i�. y m _ o L L .- Ali g� E Yo O�r l i aj O�(W■ o Y 0qqn ° o°a 5. E a to\adlpW a'o 4 4J OWnx3 .. _ CF7 Q QL j — Cs LL ell c� CIO Ar r ` o ; CO CO o � Q o r r V. 4 :�• so Paci�; � "'�..• , �;�,. - � ��-, � _� . , . O - ..ice 'l � > - cad 0 c •4- 7 O +j y I • cn CD) a) >� am .cm °cV CV O Y oa)my _ 70 D m :_� _/ a N +J O a cn N C'J� U) F}' — o o) o o O O N A. . N > � N O � � � � U QJ 7— U -- N O O • N p _- c > C O> O aw o o r Orr- o m a) �> o 4-/q z i as o OpOb Why is summer reading so important? Reading during the summer months helps prevent the effect known as "Summer Slide," defined as the loss of academic skills over the summer break. An entire summer without reading can actually cause a regression of reading skills. Tips to make the most of summer reading Talk with your kids about what they are listening to or reading. This helps build comprehension, fluency and vocabulary. Read the same book so you can talk about it together. Ask questions such as: • What are you reading about? What parts do you like or dislike? • Would I like the book? ■ Does what happened in the story seem real? • What is one thing you learned? • Would you like to be friends with any of the characters in the book? Why or why not? • Did you encounter any new words in the book? Will you recommend it to any of your friends? • What are you going to read next? Thank you to donors! our special thanks to the generous donors of Stillwater Public Library Foundation, Foundation for Bayport Public Library, and the Friends of the Stillwater Public Library. Strong community support allows us to offer a breadth of progr that would not otherwise be possibl Visit us or reach out with any questh Bayport Public Library 582 4th St N, Bayport, MN 55003 651-275-4416 1 books@bayportlibra i bayportlibrary.org Stillwater Public Library 224 3rd St N, Stillwater, MN 55082 651-275-4338 1 splys@stillwatermn.i, library.stillwatermn.gov City of Stillwater, Minnesota Mayor Proclamation WHEREAS, the Stillwater Area High School Girls Synchronized Swimming Team captured their fourth straight Minnesota State High School League State Championship on May 24th, 2024 at the University of Minnesota's Jean K. Freeman Aquatic Center; and WHEREAS, their precision, creativity and high-quality routines have resulted in entries in all divisions of competition and placing at state; and WHEREAS, their hard work and unity led the team to place first in 12 of 15 divisions; and WHEREAS, the team has captured championships in 2021, 2022, 2023 and 2024; and WHEREAS, the Stillwater Ponies have 22 championships since 1978 and has placed second 28 times; and WHEREAS, the City of Stillwater is proud of the Synchronized Swimming Team’s dedication and exceptional accomplishments, and appreciates those who serve as ambassadors of our community and as role models for future athletes; NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim Wednesday, June 5, 2024 ~ Stillwater Area High School Girls Synchronized Swimming Day ~ in the City of Stillwater and encourage the citizens of Stillwater to recognize and celebrate the accomplishments of these talented athletes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 4th day of June, 2024. Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Alchemy Sound & Vision, Paul Larson For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Baglio Real Estate Group, Tracy Baglio For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Brine’s Market & Deli, Scot DeStasio For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of the Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Greater Area Chamber of Commerce, Robin Anthony, Sydney Bebeau For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Cub Foods, Carrie Higgs For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Food Services Specialties, Don Leick For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Kelli Kaufer For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Molly Krakowski For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Lake Elmo Inn, John Schiltz For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Leo’s Grill & Malt Shop, Cory Buettner For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Lift Bridge Brewing, Brad Glynn For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Lolito’s/Lolo’s/Melt Pizza/Stillwater Proper, Joe Ehlenz For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Mad Capper/The Lumberjack, Sara Jespersen For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to St. Croix Boat & Packet, Amy Estenson For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stillwater High School Football Team, Beau LaBore For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stillwater Sunrise Rotary, Bob Gray For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stillwater Noon Rotary, Tom Hollatz For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Studio Louise, Jenn Hovland For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Sustainable Stillwater, Rick Heidick For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Victorianos, Amy Mortenson For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stillwater Public Works Department For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Chad Rogness, Stillwater Parks Superintendent For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Shawn Sanders, Stillwater Public Works Director For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Joe Kohlmann, Stillwater City Administrator For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stillwater Councilmember Mike Polehna, Ward 4 For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION Margaret Rivers Fund S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Stillwater Mayor, Ted Kozlowski For your generous support of the Stillwater’s Dine Here Dance Here Event, May 18, 2024, for the grand opening celebration of Chestnut Plaza and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of Recognition: June 4, 2024 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES May 21, 2024 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - Phil Johnson, former Stillwater Soccer Coach The Council recognized Phil Johnson, Stillwater Ponies head soccer coach for 32 seasons and inductee into the Minnesota State High School League Hall of Fame. May 22 was proclaimed Phil Johnson Day. Library Board of Trustees Presentation Stillwater Public Library Trustee Carrie Simon and Library Foundation Executive Director Elsbeth Howe reviewed the mission, impact and accomplishments of the Stillwater Public Library and provided 2023 highlights. Councilmembers commended the board and staff. Certificate of Appreciation for Todd Gardner (joint Cable Commission) The Council recognized Todd Gardner for 31/z years of service on the Joint Cable Communications Commission. OPEN FORUM Patrick Sheahan, 913 William Street North, questioned the location of the new Staples Park playground near the baseball field, and the lack of a contract for playground installation. Public Works Director Sanders responded the Parks Commission and staff felt the existing playground was not in an ideal location and many families using the Community Garden wanted better sight access to watch their children. Over the years, the park has not been used for organized ballgames. The intent is to maintain the ballfield, but not for organized City Council Meeting May 21, 2024 use. City Clerk Wolf confirmed the fence contract was approved and the fence will be installed in the next two weeks. STAFF REPORTS Public Works Director Sanders gave updates on the river elevation, River Market parking lot striping, and downtown Special Service District projects. Councilmember Polehna thanked Public Works staff for their work on the Dine Here Dance Here event. Police Chief Mueller gave an overview of activities, including a meeting with Washington County on several items; reimbursements from Homeland Security; and fundraising events. Fire Chief Glaser reported on meeting with Lake Elmo and Mahtomedi Fire, and preparation for upcoming events. He noted the passing of retired firefighter Kenny Schmitz. Community Development Director Gladhill shared information on Department activities, the Rivertown Commons project and upcoming Washington County Emergency Housing public hearing. City Clerk Wolf stated that candidate filing for Wards 2 and 3 is open until June 4; and reminded the Council of the Human Rights Commission educational event May 29. City Administrator Kohlmann noted the PFAS grant application is moving forward; the Library has applied for a grant for the roof project; there is no bonding bill this Legislative session, but a social district was approved to start August 31, 2025. CONSENT AGENDA May 7, 2024 Workshop and Regular Meeting Minutes Payment of Bills 4th of July Celebration Event Conditional Use Permit Amendment and Encroachment Agreement for 232 Main St N - Resolution 2024-056 Lawn Care and Snow Removal Abatement Services Agreement Maryknoll Lift Station Improvement Project Temporary Construction Easement and Memorandum of Understanding - Resolution 2024-057 Preliminary Plat and Final Plat for 1904 5th St N - Resolution 2024-058 Short Term Home Rental License for 1133 Nightingale Blvd Sidewalk Saw Cutting Agreement Temporary Liquor License for Stillwater Public Library Foundation Washington Avenue Frontage Road Project Engineering Services Agreement Motion by Councilmember Polehna, 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. Page 2 of 4 City Council Meeting May 21, 2024 NEW BUSINESS Downtown Lighting Improvement Equipment Supply Bid Award and Agreement Public Works Director Sanders stated the City received two bids, with the lowest bid in the amount of $878,982 submitted by Border States Industries, Inc. Staff recommends that the Council accept the bid and award the contract to Border States Industries, Inc. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2024-059, Accepting Bid and Awarding Contract for Equipment Supply for the Downtown Lighting Improvement Project (2022-07). All in favor. Lumberjack Days 2024 Event Agreement and Temporary Liquor License City Administrator Kohlmann stated Brian Asmus, LJD Stillwater Events, submitted an application for 2024 Lumberjack Days July 19-21. Mr. Asmus is part of AMG Companies, a group that has successfully has hosted music events with crowds exceeding 30,000. They intend to host traditional Lumberjack Days events, such as the parade, downhill derby, bingo, lumberjack competition, and ramp up the excitement level in years to come. LJD Stillwater Events is a new company, so to follow Minnesota liquor laws, the Greater Stillwater Chamber of Commerce Foundation has applied for the liquor license for the event, and will also host the parade for the event. Fees for the event were discussed and Mayor Kozlowsi noted next year fees should follow the Fee Schedule. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve the event with fees set at $7,720 and enter into a contract with LJD Stillwater Events for the 2024 Lumberjack Days Celebration, and to approve the Temporary Liquor License with the Greater Stillwater Chamber of Commerce Foundation holding the license for LJD Stillwater Events. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:57 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024-056, Resolution Amending a Conditional Use Permit to Approve a Sauna Experience in the Central Business District for 232 Main Street North (Case No. CD2024-014) Resolution 2024-057, Authorizing Temporary Easement Acquisition for Maryknoll Lift Station Improvement Project (2023-12) Page 3 of 4 City Council Meeting May 21, 2024 Resolution 2024-058, Resolution Approving a Preliminary and Final Plat for Frankie Valley (Case Number CD2024-012) Resolution 2024-059, Accepting Bid and Awarding Contract for Equipment Supply for the Downtown Lighting Improvement Project (2022-07) Page 4 of 4 DATE: June 4, 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 $743,807.73 has been sent to the Mayor and City Council Members to approve for payment. 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Andrew Coyne, Natural Resources Technician SUBJECT: MN DNR 2024 Emerald Ash Borer Grant Work BACKGROUND The city received bids from tree care contractors for removal and stump grinding of 291 infested ash trees in boulevards, parks and rights -of -ways. This is the first step in the city's MN DNR grant -funded 2024 Emerald Ash Borer Removal Project. The City received eleven bids for the project. Valdes Lawncare & Snow Removal gave the lowest bid at $144,045. The total cost of the removal project will be funded by the Minnesota DNR's 2024 Shade Tree Bonding Grant Program, with a total of $389,000 in grant funds awarded. The remaining funds will be used for replacement tree planting. RECOMMENDATION Staff recommends approving the contract with Valdes Lawncare & Snow Removal for the 2024 Emerald Ash Borer Tree Removal Project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING THE PROFESSIONAL SERVICES CONTRACT FOR THE 2024 EMERALD ASH BORER REMOVAL PROJECT. l (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 4th day of June, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Valdes Lawn Care & Snow Removal, 9591 60th St. N., Lake Elmo, MN 55042 ("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 Ash Tree Removal Project WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 5/29/24, 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 5/29/2025. 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. 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 Andrew Coyne, 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 Cody Junk, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Andrew Coyne Or e-mailed: acoyne@stillwatermn.gov If to Consultant: Valdes Lawn Care 9591 60th St. N Lake Elmo, MN 55042 Attention: Cody Junk Or e-mailed: cody(@_valdeslawn.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N VALDES LAWN CARE M Its: Date: Project Description: 2024 Ash Tree Removal Project iiwatcr THE BIRTHPLACE OF MINNESOTA REQUEST FOR BIDS City of Stillwater Ash Tree Removal Project 2024 Engineering Department May 2024 City of Stillwater, MN Ash Tree Removal Project Bid Request 1IPage Overview: The City of Stillwater is requesting bids from qualified contractors to provide the Engineering Department with a proposal to remove and grind the stumps of 291 ash trees growing on City -owned properties and public rights -of -ways. Specifications: All submissions must comply with the specifications within this request. Instructions: The Request for Bids, along with all supplemental materials will be available on questcdn.com. Contractors who wish to submit a bid on paper can acquire the RFB document by emailing or calling Andrew Coyne at acoyneCcDstillwatermn.gov or (651) 430- 8836. Sealed bids may be delivered in person to Stillwater city hall at 216 4th St N, Stillwater, MN 55082. Address all sealed bids to Andrew Coyne, Natural Resources Technician. Please include Company Name, Title, Address and Contact Phone Number. The City reserves the right to reject any or all proposals, to waive technicalities, and to select a contractor based upon the best interests of the City. Submission Deadline: Bid submissions must be submitted no later than noon on Wednesday, May 29, 2024. Signed: Andrew Coyne, Natural Resources Technician 651-430-8836 2 1 P a e Bid Request I. GENERAL PROVISION •o A. Request for Bids The City of Stillwater is requesting bids from professional tree service contractors to remove, and grind the stumps of 291 ash trees on City property (parks and right-of-way (ROW)) from spring — autumn 2024. Bidders must submit a lump sum bid for tree removal and stump grinding of the 291 trees in the project area. Number of trees: 291 Total DBH Inches: 4741 B. Contractors A contractor must be a properly insured, respected, financially viable company that has been in business for at least five (5) years, with at least three (3) years of experience performing tree removal services for local units of government or other public agencies. Contractor must have an up to date registration with the Minnesota Department of Agriculture Tree Care Registry. Each contractor must provide a list of three (3) municipal or public agency references. The work should not be more than five (5) years old. Refer to Attachment (C) Qualifications. C. Instructions for Bids All bids must either be in the form of sealed bids. Bids can either be: • Submitted through the RFQ portal on questcdn.com • Mailed or hand delivered by the deadline established. Questions about the proposal, selection, reporting requirements or approvals should be directed to Andrew Coyne, Natural Resources Technician at the City of Stillwater at 651-430- 8836 or via email at: acoyne@stillwatermn.gov. D. Insurance Contractor must provide a certificate of liability insurance, listing the City of Stillwater as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000.00 and meet all requirements found in 9. of the Preliminary Statement in `Attachment (D) — 31Page Agreement for Professional Services Contract'. Contractor must provide required insurance coverage prior to starting work. E. Contract Form The contract form of agreement will be furnished by the City of Stillwater. The City's contract is found in Attachment D. F. Contractor Selection The City will select the contractor based on its evaluation of quality, experience, price and other factors it deems to be in the City's best interest. The City reserves the right to reject any and all proposals. The City reserves the right to award the contract to the lowest qualified and responsible bidder. G. Contract Period and Project Completion Dates The contract will commence on date of contract award in June 2024 and terminated November 31, 2024 unless an extension has been agreed upon in accordance with the provisions contained in this contract. All trees in the project area will be removed between the start date of the contract and November 31, 2024. Prior to beginning work under this contract, the contractor must arrange for a meeting with City Forestry staff at which time specifications will be reviewed and the scheduling of work will be discussed. At that meeting the contractor shall be represented by the superintendent and the individual(s) arborist(s) who will be representing the contractor during the progress of this contract. To arrange for such a meeting, contact Andrew Coyne at acoyne@stillwatermn.gov, or by phone at 651-430-8836. The meeting must take place prior to the intended start of work and no work may commence without such a meeting. The entire tree removal project must be completed by November 31st 2024, unless the City Forester approves an extension or alternate proposed timeline. H. Subcontractors a. The Contractor shall include in any subcontract the clauses set forth in these City of Stillwater Supplementary Provisions in their entirety and shall also include a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 4 1 P a g c b. The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the City's prior written approval of the subcontractors. The City will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by a Federal Agency or the Secretary of Labor, United States Department of Labor, to receive an award of such subcontract. I. Basis of Payment Payment for removals will be made within 30 days of completion of the work, based on the City's claims list. The Contractor is responsible for taking any action needed to collect any unpaid invoices with respect to these services. J. Prevailing Wage This project is covered by Minnesota prevailing wage statutes. Wage rates listed in Attachment G are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Note: Overtime pay after eight (8) hours on the project must be paid even if the worker does not exceed forty (40) hours in the work week K. Responsible Bidder The City cannot award a construction contract in excess of $50,000 unless the Bidder is a "responsible contractor" as defined in Minnesota Statutes §16C.285, subdivision 3. A Bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in that statute by submitting the "Responsible Contractor Verification and Certification of Compliance" form attached as Attachment A, Al, And A2. A company owner or officer must sign the "Responsible Contractor Verification and Certification of Compliance" form under oath verifying compliance with each of the minimum criteria. THE COMPLETED FORMS MUST BE SUBMITTED WITH THE BID PROPOSAL. A bidder must obtain a verification from each subcontractor it will have a direct contractual relationship with. At the City's request, a bidder must submit signed subcontractor verifications. A contractor or subcontractor must obtain an annual verification from each motor carrier it has a direct contractual relationship with. A motor carrier must give immediate written notice if it no longer meets the minimum responsible contractor criteria. The requirement for subcontractor verifications does not apply to: • Design professionals licensed under Minnesota Statutes §326.06; and • A business or person that supplies materials, equipment, or supplies to a subcontractor on the Project, including performing delivering and unloading services in connection with the supply of materials, equipment, and supplies. But, a business or person must submit a verification if it delivers mineral aggregate such as sand, gravel, or stone that 5IPage will be incorporated into the Work by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. A bidder or subcontractor who does not meet the minimum criteria specified in the statute, or who fails to verify compliance with the criteria, is not a "responsible contractor' and is ineligible to be awarded the Contract for this Project or to work on this Project. Submitting a false verification makes the bidder or subcontractor ineligible to be awarded a construction contract for this Project. Additionally, submitting a false statement may lead to contract termination. If only one bidder submits a bid, the Department may, but is not required to, award a contract even if that bidder does not meet the minimum criteria II. Tree Removal Specifications A. General It is the intent of these specifications to describe the tree removal and stump grinding program requirements. The goals of the program are to: • Remove 291 marked ash trees with documented emerald ash borer infestation on public property. • Grind stumps of all ash trees removed on public property. Tree Removal All trees in the project area have been painted with a pink "X." Locations of the trees are available through the ArcGIS Online map linked above. Work area maps will be included in the attachments section of the bid package. Spreadsheets with all addresses and Lat/Long pin locations are included in the attachments section of the bid package. Trees must be removed in a manner such that all adjacent trees, both public and private, remain undamaged by the removal process. The city reserves the right to designate alternate trees of a similar size (+/- 3" DBH) within the project area for removal if the original tree has been removed by anyone other than the selected contractor or subcontractor prior to the work. Brush and Debris The contractor shall be responsible for all wood, brush, or any other such debris resulting from the removal of the trees in the project area. The contractor shall be responsible for providing their own dump site locations for any and all tree debris generated by the removal project. a There is to be no staging of brush, logs or debris in public roads or sidewalks between the hours of 7PM — 7AM Monday — Friday. There is to be no staging of brush, logs or debris between 7PM Friday and 7AM of the following Monday. Stump Grinding Specifications Following the removal of the trees, the contractor shall: • Schedule all required utility location services before any excavation begins • Grind each stump and exposed roots to a depth of at least 8" • Remove stump grinding debris • Backfill and compact corresponding hole with black fill dirt • Seed the area Traffic Control Bidder's item of work shall include furnishing, installing, maintaining, replacing, relocating and removing all traffic control devices used for the purpose of regulating, warning or directing traffic during tree maintenance operations. While tree maintenance work is taking place, the bidder shall block off the sidewalk to pedestrian traffic immediately adjacent to the work site if there is a reasonable concern of harm to pedestrians. The bidder shall arrange to keep sidewalks and streets open for traffic when possible, and to block portions of the streets only when deemed necessary to protect private property. The bidder shall remove all surplus materials and debris from the streets as the work progresses so that the public may have the use of the streets a maximum amount of time. Bidder is to erect appropriate warning signs and furnish adequate barricades that identify the work zone for the motoring public and pedestrians Equipment and Specifications The selected contractor shall furnish all labor, supervision, tools, equipment, materials and supplies, and other means necessary for performing and completing the work, including debris hauling, and shall obtain and pay for any required permits The selected contractor shall not leave any vehicles or equipment unattended on any public property, including rights -of -ways. There will be no overnight staging of equipment without the City's prior written approval 7 1 P a e Contractors must demonstrate proficiency in the removal of trees in public rights -of -ways. Assigned applicators may be required to provide an on -site demonstration prior to the start of the project. A description of the contractor's training program is required in Attachment (C) Qualifications. Industry Standards: The contractor must use work methods, safety procedures and personal protective equipment conforming to all ANSI A300, ANSI Z133, and all applicable OSHA standards in performing the work under this contract. B. Property Access and Notification The contractor shall leave a City provided notification at the door adjacent to each ROW tree planned for removal; other than this the contractor shall not enter private property without having previously obtained permission from the property owner. If the contractor desires to enter private property to access trees on a City owned property, it is the contractor's responsibility to notify the underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time. City Forestry staff should be notified of the contractor's intent on accessing a City site through private property. C. Maps A map of all trees for planned removal can be found in the ArcGIS online link below. https://stillwatermn.maps.arcqis.com/apes/mapviewer/index.html?webmap=b5fd5446329647e 59b693b246e5ac9a4 At the beginning of the contract performance period, the City will provide maps and working spreadsheets (ATTACHMENTS E & F) with the final ash trees to be removed on public property. D. Hours of Operations and Uniform Approved field working hours are 7am-7pm, Monday -Friday. Any work outside of this timeframe must be approved by the City Forester beforehand. The contractors must wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the removal program must display a company logo or name. III. Evaluation and Selection In order for the submitted bid to be considered it must provide lump sum a price on the removal and stump grinding of all 291 ash trees in the project area. Bidder will have completed Attachments Al -A3, B, C, D & G1-G2. A selection committee comprised of City staff will review submitted bid. This committee will recommend acceptance based on individual evaluations of 8 1 P a g e each submission, judged on the best interests of the City (not necessarily the lowest bids) including the following factors: A. Deadline All proposals will be considered that are received no later than the date specified on in this request for proposals. The City of Stillwater reserves the right to disregard proposals received after the specified deadline. B. Qualifications of Proposers See Attachment (C) for required information. C. Timeline for Completion Proposers must be able to complete all of the removals on City property by November 31 st of 2024. D. Contact Information/Questions Questions about the selection, reporting requirements or approvals should be directed to Andrew Coyne, Natural Resources Technician for the City of Stillwater, at 651-430-8836 or via email at: acoyne[a),stillwatermn.gov. E. Attachments A) Responsible Bidder Forms B) Qualifications C) Bid Sheet D) Agreement for Professional Services Contract E) Work Area Maps F) Tree Inventory Spreadsheet G) Prevailing Wage & Payroll Certification 91Page RESPONSIBLE CONTRACTOR The City cannot award a construction contract in excess of $50,000 unless the Bidder is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A Bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in that statute by submitting the "Responsible Contractor Verification and Certification of Compliance" form attached as Attachment A, A1, And A2. A company owner or officer must sign the "Responsible Contractor Verification and Certification of Compliance" form under oath verifying compliance with each of the minimum criteria. THE COMPLETED FORMS MUST BE SUBMITTED WITH THE BID PROPOSAL. A bidder must obtain a verification from each subcontractor it will have a direct contractual relationship with. At the City's request, a bidder must submit signed subcontractor verifications. A contractor or subcontractor must obtain an annual verification from each motor carrier it has a direct contractual relationship with. A motor carrier must give immediate written notice if it no longer meets the minimum responsible contractor criteria. The requirement for subcontractor verifications does not apply to: Design professionals licensed under Minnesota Statutes §326.06; and A business or person that supplies materials, equipment, or supplies to a subcontractor on the Project, including performing delivering and unloading services in connection with the supply of materials, equipment, and supplies. But, a business or person must submit a verification if it delivers mineral aggregate such as sand, gravel, or stone that will be incorporated into the Work by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. A bidder or subcontractor who does not meet the minimum criteria specified in the statute, or who fails to verify compliance with the criteria, is not a "responsible contractor" and is ineligible to be awarded the Contract for this Project or to work on this Project. Submitting a false verification makes the bidder or subcontractor ineligible to be awarded a construction contract for this Project. Additionally, submitting a false statement may lead to contract termination. If only one bidder submits a bid, the Department may, but is not required to, award a contract even if that bidder does not meet the minimum criteria. Bid Form Page 10 of 20 ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE CITY PROJECT NUMBER: Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; has been issued an order to comply by the commissioner of Labor and Industry that has become final; has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;" Bid Form Page 11 of 20 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 32613. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. Bid Form Page 12 of 20 A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that 1 am an owner or officer of the company, and I swear under oath that: 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, I have included Attachment A-1 with my company's solicitation response, and if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorizedrn ture of Title: Project Manager Company Name: Valdes Lawn Care and Snow Removal, LLC. Sworn to a s s ed before me this d 201y, Notary Public ommissiZE.'xpires: Printed Name: Cody .sunk Date: 5/28/2024 -------------------------- - - - - - , YAMILE C GONZALEZ NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/25 -------------------------------- 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. Bid Form Page 13 of 20 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE CITY PROJECT NUMBER: Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Bid Form Page 14 of 20 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT CITY PROJECT NUMBER: This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) N/A ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located N/A Name of city where company home office is located Bid Form Page 15 of 20 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 eof Owner orOfficer: Printed Name: Cody Junk Title: " Date: Project Manager 5/28/2024 Company Name: Valdes Lawn Care and Snow Removal, LLC. otoan'bed before me this ,------------------------------- R 20 YAMILE C GONZALEZ Notary Public �NOTARY PUBLICI UNNESOTAMY COMMISSION EXPIRES 01/31/25 Expires: / 3� Odd Bid Form Page 16 of 20 Attachment B — Qualifications If more room is needed, please attach additional sheets to the packet. 1. List number of years in business (5 years minimum) : 20 Years 2. How many years of experience does the company have in performing tree removal and stump grinding for local units of government or other public agencies (3 years minimum): 4 Years 3. List of References/Communities worked for (3 references minimum). Community Name Contact Name Phone Number Last Work Date MnDOT Darren 507-429-6305 712023 Hoffman Construction Kyle Pedersen 715-813-0560 4/2022 Washington County Nathan Arnold 651-430-4384 4/2021 Gladen Construction Simon Anderson 218-766-5996 8/2021 J.R Freche INC Brian Dockendorf 320-980-7178 5/2024 4. List names of person(s) who will supervise this contract, number of years of experience. Tyler Warnke 15 Years of Experience Yoliesy Valdes Gonzalez (loci 20 Years of Experience 5. List of equipment to be used for the removal and stump grinding of public ash trees. Specific makes and models are not necessary, just a list of quantities and types of equipment (i.e. aerial lifts, boom trucks, chippers, chipper trucks, loaders, stump grinders etc.) 1 Stump Grinder, 2 Skid Loaders, 2 Chipper Trucks, 3 Single Axle Dump Trucks, 2 Quad Axle Dump Trucks, 1 Tracked Backhoe, 1lChipper, 1 1Aerial Lift AOYu c.-N �-t c t t E! 11 IPage Attachment B — Qualifications 6. Can the company perform tree removals and subsequent stump grinding from approximately June 5 through November 315t during the contract period? If not, please note alternate timelines below. Yes 7. How many tree removals can the company complete in one day for this project (estimated)? Estimated 15 to 20 tree removals per day 8. How many stumps can the company complete in one day for this project (estimated)? Estimated 15 to 20 stumps per day 121Page City of Stillwater RFQ FOR THE REMOVAL OF CITY ASH TREES 2024 BID SHEET Attachment C — Bid Sheet All bids must be provided on this bid sheet in order to be accepted. Failure to use this bid sheet will result in the bid being determined to be not responsive. Company Name: Valdes Lawn Care and Snow Removal, LLC. Cody Junk Contact Person Name: Contact Person Address: 9591 60th Street North, Lake Elmo, MN, 55042 Contact Person Phone: 651-428-1560 Contact Person Email: Cody@valdeslawn.com Tree Removal - Lump Sum Dollar Bid Tree Total DBH Quantity Inches Dollar Bid (Removal + Stump Grinding) $144,045.00 291I 4741 I, Cody Junk , represent that I am authorized to submit the above bid on behalf of Valdes Lawn Care and Snow Removal, LLC. Signa re and Date 13IPage Attachment D —Agreement for Professional Services Contract By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this document, along with the `City of Stillwater Requirements for Contract Services' found below. If the City accepts the proposed bid, a City representative will sign below and return to the company, malting this a formal contract. Valdes Lawn Care and Snow Removal, LLC. Legal Name of Company 9591 60th Street North, Lake Elmo, MN, 55042 Legal Address of Company Authorized By Cody Junk Contractor signs at time of bid. 651-714-7113 Phone Info@Valdeslawn.com Aut rued Company Representative (Name) Authorized By Autlioiized C pany Representative (Signature) Authorized By Authorized By Email 5/28/2024 Date City tills out after accepting Bid. City of Stillwater Representative (Name) City of Stillwater Representative (Signature) Date Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the above `City of Stillwater Ash Tree Removal Services Bid Requesthereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Aereement. This Agreement shall become effective as of the date both the City and Contractor .sign the contract. [The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.] OR las lured on "Clly ofSlillwater Ash Tree Removal Services SM Reaaest"l 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. 141 e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first- class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Com fxnsation for Services. City agrees to pay the Contractor as listed on 'City ot'Stillrvuter Ash Tree Removal Services Bid Regut'sr' as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an 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. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Pavment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project lvlanauer. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non -owed vehicles.) Umbrella or Excess Liability $1,000,000 Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, 151Page products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Stillwater" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Stillwater" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non - renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non -renewal is due to non-payment, the coverages may not be terminated or non -renewed without ten (10) days' prior notice to the City. in. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work, Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of 161Page City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying parry's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Stillwater unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assiun ment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws :►nd Rep-ulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts This Agreement maybe executed in multiple counterparts, each of which shall be considered an original. 19. Damaees. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 171Page 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction. Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Diseriminatioa During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. 181Page Attachment E — Work Area Maps Stillwater - EAB24 Removal Map for Bidders s.� • t �� fir' �/ >r � ;&�Jw 4n&1=4 EAB Removal Zones 2024 O South Hill O LewdSlUbedY Lily Lake OCroixwood North Stillwater 1:38,656 0o 0. 33 �: o� �.3 0 0.5 1 2 hm 191Page Zone A - Legends/Liberty 411612024 1,11,587 20 1 F' a o k- Zone El- Croixwood .IG r2M ,:,,,W? 21IPage s _ r c,t -a it' • ,` � f _ rah• ` ► � • irAr� / i •.�rrs rLV ., . r • ` ' f. ) n-'} r -1 � • ' � h� ' � j T _ ..._ sac i 'v � IT ILI 4.' s is �ti�.�G.'�' . � • . . x i 4 VA AP �c> = All ` , h Attachment F Tree Inventory # Longitude Latitude Zone Number Street DBH Notes 1 -92.854392 45.054136 45.045209 A (Legends/Liberty) * 72nd St N 20 No address, see Pin Location 2 -92.85865 A (Legends/Liberty) 3489 Barons Way 14 3 -92.85564111 45.04427502 A (Legends/Liberty) 3272 BARONS WAY 11 4 1 -92.85845926 45.04520982 A (Legends/Liberty) 3451 BARONS WAY 12 5 -92.85818376 45.04525079 A (Legends/Liberty) 3451 BARONS WAY 13 6 -92.85989331 45.04022388 A (Legends/Liberty) 1241 BERGMANN DR 9 7 -92.85988594 45.04034942 A (Legends/Liberty) 1241 BERGMANN DR 10 8 -92.85987424 45.04047105 A (Legends/Liberty) 1241 BERGMANN DR 11 9 -92.85986733 45.04070234 A (Legends/Liberty) 1241 BERGMANN DR 12 10 -92.8598673 45.04058718 A (Legends/Liberty) 1241 BERGMANN DR 12 11 -92.844276 45.040727 A (Legends/Liberty) 2828 Brewers Lane 16 12 -92.844546 45.040883 A (Legends/Liberty) 2834 Brewers Lane 18 13 -92.844799 45.040903 A (Legends/Liberty) 2852 Brewers Lane 19 14 -92.845414 45.040853 A (Legends/Liberty) 2858 Brewers Lane 17 15 -92.844941 45.040914 A (Legends/Liberty) 2858 Brewers Lane 16 16 -92.84414684 45.04019596 A (Legends/Liberty) 1255 BREWERS LN 15 17 -92,84461663 45.03973301 A (Legends/Liberty) 1260 BREWERS LN 15 18 -92.84401827 45.04083514 A (Legends/Liberty) 2828 BREWERS LN 14 19 -92.8451348 45.04049814 A (Legends/Liberty) 2845 BREWERS LN 15 20 -92.84498357 45.04066459 A (Legends/Liberty) 2845 BREWERS LN 14 21 -92.84479446 45.04064473 A (Legends/Liberty) 2845 BREWERS LN 10 22 -92.84463081 45.04062959 A (Legends/Liberty) 2845 BREWERS LN 12 23 -92.84446426 45.04061257 A (Legends/Liberty) 2845 BREWERS LN 10 24 -92.84568905 45.04065378 A (Legends/Liberty) 2869 BREWERS LN 13 25 -92.85975401 45.05231904 A (Legends/Liberty) 336 COUNTRY RD 12 26 -92.85998265 45.05201249 A (Legends/Liberty) 346 COUNTRY RD 9 27 -92.85988026 45.05210108 A (Legends/Liberty) 346 COUNTRY RD 13 28 -92.85692391 45.04258226 A (Legends/Liberty) 3338 DELANO DR 17 29 -92.856725 45.042549 A (Legends/Liberty) 3326 Delano Drive 14 30 -92.857306 45.043566 A (Legends/Liberty) 1076 Delano Way 15 31 -92.857526 45.043604 A (Legends/Liberty) 1084 Delano Way 14 32 -92.85579505 45.04413716 A (Legends/Liberty) 1017 DELANO WAY 12 33 -92.85560305 45.04405498 A (Legends/Liberty) 1017 DELANO WAY 10 34 -92.85681614 45.04335418 A (Legends/Liberty) 1065 DELANO WAY 11 35 -92.85739787 45.0434579 A (Legends/Liberty) 1083 DELANO WAY 15 36 -92.85761614 45.04349628 A (Legends/Liberty) 1089 DELANO WAY 13 37 -92.85464389 45.04258279 A (Legends/Liberty) 3135 ILO WAY 15 38 39 -92.859073 45.041785 A(Legends/Liberty) A (Legends/Liberty) * JUDD TRAIL 11 No address, see Pin Location -92.859267 45.041793 * JUDD TRAIL 12 No address, see Pin Location 40 -92.859422 45.041801 A (Legends/Liberty) * JUDD TRAIL 11 No address, see Pin Location 41 -92.85573672 45.04271239 A (Legends/Liberty) 1075 LEGEND BLVD 14 42 -92.85650173 45.04137588 A (Legends/Liberty) 2160 LEGEND BLVD 13 43 -92.85779312 45.05140028 A (Legends/Liberty) 450 LIBERTY PKWY 20 44 -92.85767793 45.05154391 A (Legends/Liberty) 450 LIBERTY PKWY 16 45 -92.858061 45.040469 A (Legends/Liberty) 1250 McDougal Green 15 46 -92.85850293 45.04794861 A (Legends/Liberty) 580 NEWMAN TRL 12 47 -92.85865741 45.04810233 A (Legends/Liberty) 595 NEWMAN TRL 13 48 -92.85854056 45.04804383 A (Legends/Liberty) 595 NEWMAN TRL 15 49 -92.85835799 45.0479915 A (Legends/Liberty) 595 NEWMAN TRL 14 50 -92.8582093 45.04797827 A (Legends/Liberty) 595 NEWMAN TRL 13 51 -92.86162378 45.05523485 A (Legends/Liberty) 111 PINE HOLLOW GRN 8 52 -92.857552 45.051542 A (Legends/Liberty) 3395 Pioneer Place 17 251Page 53 -92.84526205 45.04039894 A (Legends/Liberty) 1220 POND VIEW LN 15 54 -92.84508247 45.04022903 A (Legends/Liberty) 1255 POND VIEW LN 14 55 -92.84293203 45.04050483 A (Legends/Liberty) 2720 SADDLE Cr 9 56 -92.84286952 45.04047349 A (Legends/Liberty) 2720 SADDLE Cr 14 57 -92.84277317 45.04042525 A (Legends/Liberty) 2720 SADDLE CT 16 58 -92.84271372 45.04041536 A (Legends/Liberty) 2720 SADDLE CT 9 59 -92.84305687 45.04044382 A (Legends/Liberty) 2725 SADDLE CT 12 60 -92.84291316 45.04037774 A (Legends/Liberty) 2725 SADDLE CT 12 61 -92.84277644 45.04031166 A (Legends/Liberty) 2725 SADDLE CT 12 62 -92.84338243 45.04056094 A (Legends/Liberty) 2775 SADDLE Cr 13 63 -92.857757 45.041011 A (Legends/Liberty) 1220 Settlers Ave 13 64 -92.85729836 45.04235371 A(Legends/Liberty) 1105 SETTLERS AVE 16 65 -92.85736343 45.04219498 A(Legends/Liberty) 1115 SETTLERS AVE 12 66 -92.85742856 45.04048074 A (Legends/Liberty) 1235 SETTLERS AVE 13 67 -92.8575221 45.04039924 A (Legends/Liberty) 3335 SETTLERS AVE 15 68 -92.86120707 45.05565659 A (Legends/Liberty) 3511 SETTLERS WAY 8 69 -92.86141873 45.05540291 A (Legends/Liberty) 3531 SETTLERS WAY 9 70 -92.86134857 45.05548172 A (Legends/Liberty) 3531 SETTLERS WAY 8 71 -92.8563756 45.0404877 A (Legends/Liberty) 3235 STALOCH Pl. 15 72 -92.85541978 45.04053984 A (Legends/Liberty) 3235 STALOCH PL 12 73 -92.8554107 45.04087605 A (Legends/Liberty) 3250 STALOCH Pl. 15 74 -92.85541759 45,04060517 A (Legends/Liberty) 3285 STALOCH Pl. 12 75 -92.85541527 45.04079254 A (Legends/Liberty) 3285 STALOCH Pl. 12 76 -92.85928588 45.04164136 A (Legends/Liberty) 1108 TIMBER WAY 13 77 -92.85910559 45.04164363 A (Legends/Liberty) 1108 TIMBER WAY 12 78 -92.85892905 45.04164399 A (Legends/Liberty) 1108 TIMBER WAY 13 79 -92.8594569 45.04164879 A (Legends/Liberty) 1112 TIMBER WAY 13 80 -92.85976391 45.04040183 A (Legends/Liberty) 1201 TIMBER WAY 14 81 -92.85975602 45.04024121 A (Legends/Liberty) 1201 TIMBER WAY 16 82 -92.85974453 45.04047901 A (Le ends/Liberty) 1201 TIMBER WAY 12 83 -92.85971191 45.04063227 A (Legends/Liberty) 1212 TIMBER WAY 14 84 -92.84178721 45.05685806 B (Croixwood) 12975 75TH ST N 12 85 -92.84128464 45.05590815 B (Croixwood) 12975 75TH ST N 10 86 -92.84380418 45.05739062 B (Croixwood) 12975 75TH ST N 16 87 -92.84113062 45.05597959 B (Croixwood) 12975 75TH ST N 18 88 -92.84113945 45.05608606 B (Croixwood) 12975 75TH ST N 18 89 -92.838132 45.056715 B (Croixwood) 2341 Bayberry Ave 11 90 -92.840512 45.056455 B (Croixwood) 2582 Bayberry Ave 13 Northland Park east entrance 91 -92.840508 45.056905 B (Croixwood) 2582 Bayberry Ave 16 Northland Park east entrance 92 -92.83809027 45.05692099 B (Croixwood) 2341 BAYBERRY AVE 12 93 -92.83831038 45.05713357 B (Croixwood) 2440 BAYBERRY AVE 19 94 -92.83843437 45.05714191 B (Croixwood) 2460 BAYBERRY AVE 19 95 -92,83846549 45.04909448 B (Croixwood) 2385 CROIXWOOD BLVD 15 96 -92.84616655 45.05018737 B (Croixwood) 2719 CROIXWOOD BLVD 19 97 -92.83790034 45.05248647 B (Croixwood) 303 DARRELL Cr 10 4 stem 98 -92.83675489 45.04940106 B (Croixwood) 2333 DRIFTWOOD LN 12 99 -92.8367558 45.04952271 B (Croixwood) 2333 DRIFTWOOD LN 16 100 -92.83932389 45.04977186 B (Croixwood) 2436 DRIFTWOOD LN 9 101 -92.84154164 45.05360209 B (Croixwood) 220 EDGEWOOD AVE 20 102 -92.84170861 45.05276985 B (Croixwood) 307 EDGEWOOD AVE 16 103 -92.84171724 45.05259672 B (Croixwood) 313 EDGEWOOD AVE 20 104 -92.84223406 45.05127771 B (Croixwood) 419 EDGEWOOD AVE 26 105 -92.83402322 45.0522886 B (Croixwood) 2109 FAIRMEADOWS RD 26 106 -92.83401292 45.05223022 B (Croixwood) 2109 FAIRMEADOWS RD 16 107 -92.84512076 45.04793125 B (Croixwood) 2647 GREENMEADOW Cr 22 108 92.842846 45.056776 B (Croixwood) 2666 Hawthorne Ln 11 Northland Park south entrance 261Page 109 -92.84078909 45.05510122 B (Croixwood) 2601 HAWTHORNE LN 19 110 -92.84060601 45.0554778 B (Croixwood) 2602 HAWTHORNE LN 22 111 -92.84069099 45.05533437 B (Croixwood) 2602 HAWTHORNE LN 16 112 -92.84110138 45.055355 B (Croixwood) 2602 HAWTHORNE LN 15 113 -92.84368631 45.05666006 B (Croixwood) 2697 HAWTHORNE LN 22 114 -92.84395752 45.05662003 B (Croixwood) 2701 HAWTHORNE LN 19 115 -92.83901534 45.04709086 B (Croixwood) 2419 HIDDEN VALLEY LN 17 116 -92.84275313 45.04759874 B (Croixwood) 2533 HIDDEN VALLEY LN 20 117 -92.84245945 45.0475845 B (Croixwood) 2533 HIDDEN VALLEY LN 28 3 stem 118 -92.84282943 45.04760142 B (Croixwood) 2541 HIDDEN VALLEY LN 18 119 -92.84869397 45.04667232 B (Croixwood) 2852 ICEROSE LN 20 120 -92.84897477 45.04656327 B (Croixwood) 2860 ICEROSE LN 18 121 -92.83538318 45.05428312 B (Croixwood) 291 INTERLACHEN WAY 15 122 -92.83666294 45.05289564 B (Croixwood) 305 LAURIE CT 15 123 -92.83607028 45.05192828 B (Croixwood) 405 LAURIE LN 10 124 -92.83610457 45.05192679 B (Croixwood) 405 LAURIE LN 14 125 -92.83653839 45.05101369 B (Croixwood) 420 LAURIE LN 27 126 -92.85127004 45.0455967 B (Croixwood) 2930 MARINE CIR 19 127 -92.838888 45.057063 B (Croixwood) 31 Maryknoll Dr 8 128 -92.83846899 45.05702816 B (Croixwood) 31 MARYKNOLL DR 6 129 -92.84967962 45.04849289 B (Croixwood) 724 NIGHTINGALE BLVD 22 130 -92.845509 45.054427 B (Croixwood) 195 Northland Ave 13 131 -92.846062 45.051383 B (Croixwood) B (Croixwood) 427 Northland Ave 15 No address, see Pin Location 132 -92.84559313 45.05463588 190 NORTHLAND AVE 17 133 -92.84555151 45.05389445 B (Croixwood) 203 NORTHLAND AVE 18 134 -92.84563479 45.0527198 B (Croixwood) 312 NORTHLAND AVE 18 135 -92.84563808 45.05260398 B (Croixwood) 312 NORTHLAND AVE 22 136 -92.84626279 45.05116419 B (Croixwood) 427 NORTHLAND AVE 8 137 -92.84066021 45.04652399 B (Croixwood) 427 NORTHLAND AVE 12 138 -92.84623566 45.05119894 B (Croixwood) 427 NORTHLAND AVE 7 139 -92.84616301 45.05113499 B (Croixwood) 427 NORTHLAND AVE 8 140 -92.84598414 45.05099208 B (Croixwood) 427 NORTHLAND AVE 17 141 -92.8410574 45.0505393 B (Croixwood) 2438 OAKRIDGE CT 22 142 -92.8344268 45.05072667 B (Croixwood) 2127 OAKRIDGE RD 22 143 -92.83498212 45.05087706 B (Croixwood) 2130 OAKRIDGE RD 19 144 -92.84009092 45.04886216 B (Croixwood) 617 SUNRISE AVE 18 145 -92.84337085 45.04460845 B (Croixwood) 1010 SUNRISE AVE 20 146 -92.82727187 45.04372188 C (Lily Lake) 1531 BENSON BLVD E 17 147 -92.82727092 45.04363398 C (Lily Lake) 1531 BENSON BLVD E 14 148 -92.83211421 45.04526333 C (Lily Lake) 1397 BENSON BLVD W 16 149 -92.82760445 45.05208427 C (Lily Lake) 404 BRICK ST S 12 150 -92.83403502 45.04105954 C (Lily Lake) 2020 CURVE CREST BLVD 18 151 -92.82728626 45.04317245 C (Lily Lake) 1579 DRIVING PARK RD 13 152 -92.82728452 45.0433299 C (Lily Lake) 1579 DRIVING PARK RD 14 153 -92.82728762 45.04324926 C (Lily Lake) 1579 DRIVING PARK RD 13 154 -92.81984456 45.0491819 C (Lily Lake) 720 GREELEY ST S 31 155 -92.82484019 45.05396574 C (Lily Lake) 150 GROVE ST S 24 156 -92.82454085 45.05419745 C (Lily Lake) 150 GROVE ST S 23 Ramsey Park 157 -92.82981649 45.04583129 C (Lily Lake) 1345 HIGHLAND RD 18 158 -92.82981864 45.04573698 C (Lily Lake) 1345 HIGHLAND RD 16 159 -92.8280664 45.03978883 C (Lily Lake) 1815 NORTHWESTERN AVE 19 160 -92.82807208 45.03999461 C (Lily Lake) 1815 NORTHWESTERN AVE 27 161 -92.82806825 45.03971064 C (Lily Lake) 1835 NORTHWESTERN AVE 23 162 -92.82806135 45.03945364 C (Lily Lake) 1835 NORTHWESTERN AVE 25 271Page 163 -92.82805474 45.03829334 C (Lily Lake) 1900 NORTHWESTERN AVE 17 164 -92.8280616 45.03805311 C (Lily Lake) 1900 NORTHWESTERN AVE 13 165 -92.82806415 45.03822591 C (Lily Lake) 1900 NORTHWESTERN AVE 17 166 -92.82805527 45.03860696 C (Lily Lake) 1900 NORTHWESTERN AVE 14 167 -92.82137585 45.0523674 C (Lily Lake) 1118 OAK ST W 17 168 -92.82295348 45.05198914 C (Lily Lake) 1225 OAK ST W 22 169 -92.82783872 45.05209159 C (Lily Lake) 1611 OAK ST W 12 170 -92.82148175 45.05274431 C (Lily Lake) 1117 OLIVE ST W 40 171 -92.82315031 45.05297128 C (Lily Lake) 1301 OLIVE ST W 15 172 -92.82706687 45.050768 C (Lily Lake) 1517 PINE ST W 22 173 -92.82957072 45.05009416 C (Lily Lake) 611 PINE TREE TRL 24 174 -92.82774167 45.04731402 C (Lily Lake) 1007 PINE TREE TRL 31 175 -92.82763434 45.04683148 C (Lily Lake) 1010 PINE TREE TRL 18 176 -92,82149622 45.05409769 C (Lily Lake) 1014 RAMSEY ST W 16 177 -92.82555987 45.05395548 C (Lily Lake) 1322 RAMSEY ST W 12 178 -92.82189868 45.05368879 C (Lily Lake) 204 SHERBURNE ST S 25 179 -92,82171049 45.0536837 C (Lily Lake) 204 SHERBURNE ST S 21 180 -92.83025268 45.03868512 C (Lily Lake) 1725 TOWER DR 16 181 -92.83037749 45.03868866 C (Lily Lake) 1725 TOWER DR 25 182 -92.83009334 45.03868264 C (Lily Lake) 1725 TOWER DR 24 183 -92.83020017 45.03868759 C (Lily Lake) 1725 TOWER DR 18 184 -92.83391836 45.0414305 C (Lily Lake) 1650 WASHINGTON AVE 14 185 -92.83275233 45.03871916 C (Lily Lake) 2001 WASHINGTON AVE 19 on Tower Drive 186 -92.8324246 45.03871629 C (Lily Lake) 2001 WASHINGTON AVE 15 on Tower Drive 187 -92.83255041 45.03872006 C (Lily Lake) 2001 WASHINGTON AVE 20 on Tower Drive 188 -92.83219781 45.03870793 C (Lily Lake) 2001 WASHINGTON AVE 19 on Tower Drive 189 -92.83201926 45.03870386 C (Lily Lake) 2001 WASHINGTON AVE 20 on Tower Drive 190 -92.83184872 45.03870098 C (Lily Lake) 2001 WASHINGTON AVE 18 on Tower Drive 191 1 -92,83169391 45.03870144 C (Lily Lake) 2001 WASHINGTON AVE 20 on Tower Drive 192 -92.83145939 45.03870267 C (Lily Lake) 2001 WASHINGTON AVE 18 on Tower Drive 193 -92.83125107 45.03868434 C (Lily Lake) 2001 WASHINGTON AVE 22 on Tower Drive 194 -92.83103209 45.03868259 C (Lily Lake) 2001 WASHINGTON AVE 21 on Tower Drive 195 -92.8308305 45.03869677 C (Lily Lake) 2001 WASHINGTON AVE 20 on Tower Drive 196 -92.8305582 45.03869255 C (Lily Lake) 2001 WASHINGTON AVE 20 on Tower Drive 197 -92.80415979 45,04990706 D (South Hill) 704 1ST ST S 17 198 -92.80389311 45.0499059 D (South Hill) 704 1ST ST S 26 199 -92.80589812 45.05279531 D (South Hill) 437 2ND ST S 7 200 -92.80563225 45.05216851 D (South Hill) 509 2ND ST S 18 201 -92.80509172 45.04854318 D (South Hill) 814 2ND ST S 27 202 -92.81004256 45.05904129 D (South Hill) 401 3RD ST N 16 203 -92.81005569 45.05910405 D (South Hill) 401 3RD ST N 17 204 -92.81001215 45.05899145 D (South Hill) 401 3RD ST N 16 205 -92.80034515 45.04420054 D (South Hill) 1302 4TH AVE S 14 206 -92.811226 45.057439 D (South Hill) 224 4th St N 18 207 -92,81100341 45.05865638 D (South Hill) 321 4TH ST N 13 208 -92.81183196 45.05942181 D (South Hill) 424 4TH ST N 27 209 -92.80893498 45.05271524 D (South Hill) 416 4TH ST S 18 210 -92.808192 45.061183 D (South Hill) 515 515 2nd St N 11 Multistem. No Stump grinding. 211 -92.80935214 45.04648415 D (South Hill) 1020 5TH ST S 21 212 -92.80924661 45.04648105 D (South Hill) 1020 1102 5TH ST S 6TH AVE S 16 213 -92.80263105 45.04637271 D (South Hill) 15 214 -92.80254761 45.04622735 D (South Hill) 1102 6TH AVE S 10 215 -92.81170346 45.05242502 D (South Hill) 402 6TH ST S 16 216 -92.81155453 45.05208779 D (South Hill) 410 6TH ST S 20 217 -92.82706551 45.05538661 D (South Hill) 117 BIRCHWOOD DR N 18 281Page 218 -92.80307772 45.05040993 D (South Hill) 663 BROADWAY ST S 25 219 -92.80319299 45.0504876 D (South Hill) 663 BROADWAY ST S 21 220 -92.8242369 45.05568026 D (South Hill) 123 ECHO LN 22 221 -92.82423416 45.05582808 D (South Hill) 123 ECHO LN 21 222 -92.815805 45.058974 D (South Hill) 451 Everett St N 10 223 -92.815805 45.058972 D (South Hill) 451 Everett St N 10 224 -92.815805 45.058972 D (South Hill) 451 Everett St N 11 225 -92.8168281 45.05580445 D (South Hill) 126 EVERETT ST N 22 226 -92.8157452 45.0588759 D (South Hill) 451 EVERETT ST N 14 227 -92.814403 45.04869 D (South Hill) 812 Harriet St S 21 No stump grinding 228 -92.8132724 45.04209886 D (South Hill) 1505 HARRIET ST S 15 229 -92.814818 45.059974 D (South Hill) 323 Laurel St W 17 No stump grinding 230 -92.81099854 45.05875955 D (South Hill) 120 LINDEN ST W 20 231 1 -92.82787243 45.05840778 D (South Hill) 1526 LINDEN ST W 23 232 -92.82800645 45.05841184 D (South Hill) 1526 LINDEN ST W 18 233 -92.80501905 45.05083334 D (South Hill) 206 LOCUST ST E 13 multistem 234 -92.82581454 45.05722584 D (South Hill) 1411 LOOKOUT ST 18 235 -92.81357199 45.05746157 D (South Hill) 414 MULBERRY ST W 7 236 -92.81425494 45.05762757 D (South Hill) 424 MULBERRY ST W 10 237 -92.8180111 45.05760979 D (South Hill) 728 MULBERRY ST W 16 238 -92.80392322 45.0552061 D (South Hill) 204 NELSON ST 28 239 -92.81373667 45.05599133 D (South Hill) 418 RICE ST W 11 240 -92.81409132 45.05599028 D (South Hill) 426 RICE ST W 6 241 -92.82156506 45.057707 D (South Hill) 307 SHERBURNE ST N 11 242 -92.80084392 45.04432631 D (South Hill) 504 ST LOUIS ST E 19 243 -92.80527893 45.05132279 D (South Hill) 205 WALNUT ST E 8 244 -92.81022255 45.05015924 D (South Hill) 316 WILLARD ST W 31 245 -92.81466831 45.0500683 D (South Hill) 709 WILLARD ST W 18 246 -92.81802687 45.05604942 D (South Hill) 204 WILLIAM ST N 17 247 -92.81778775 45.05733916 D (South Hill) 235 WILLIAM ST N 15 248 -92.81745138 45.05733996 D (South Hill) 235 WILLIAM ST N 6 249 -92.80893989 45.07283075 E (North Stillwater) 1824 1ST ST N 18 250 -92.80893857 45.07278621 E (North Stillwater) 1824 1ST ST N 16 251 -92.80894177 45.07283215 E (North Stillwater) 1824 1ST ST N 21 252 -92.81103642 45.06138033 E (North Stillwater) 621 3RD ST N 29 253 -92.82600728 45.06287783 E (North Stillwater) 801 AMUNDSON DR 24 would like 24hr advance notice 651-245-0216 254 -92.82555534 45.06560311 E (North Stillwater) 1055 AMUNDSON DR 18 255 -92.82547708 45.06551875 E (North Stillwater) 1055 AMUNDSON DR 19 256 -92.82535506 45.06540719 E (North Stillwater) 1055 AMUNDSON DR 18 257 -92.82567056 45.06571815 E (North Stillwater) 1075 AMUNDSON DR 23 258 -92.82610882 45.06744753 E (North Stillwater) 1291 AMUNDSON DR 29 259 -92.82514718 45.06891994 E (North Stillwater) 1425 AMUNDSON DR 19 260 -92.82499004 45.06900579 E (North Stillwater) 2425 AMUNDSON DR 22 261 -92.82421361 45.06911694 E (North Stillwater) 1455 AMUNDSON DR 16 262 -92.82402915 45.06912361 E (North Stillwater) 1455 AMUNDSON DR 17 263 -92.825093 45.06908049 E (North Stillwater) 1460 AMUNDSON LN 26 264 -92.80741871 45.06419158 E (North Stillwater) 1013 BROADWAY ST N 24 265 -92.82565113 45.06774561 E (North Stillwater) 1301 DALLAGER CT 17 266 -92.8258395 45.06774591 E (North Stillwater) 1301 DALLAGER CT 24 267 -92.82601178 45.06820935 E (North Stillwater) 1381 DALLAGER CT 20 268 -92.82607737 45.06807858 E (North Stillwater) 1381 DALLAGER CT 18 269 -92.82610571 45.0679279 E (North Stillwater) 1381 DALLAGER CT 10 270 -92.82585607 45.06789294 E (North Stillwater) 1381 DALLAGER CT 17 271 -92.82566855 45.0678936 E (North Stillwater) 1381 DALLAGER CT 19 272 -92.81598265 45.06297025 E (North Stillwater) 413 ELM ST W 18 273 -92.81672101 45.0629646 E (North Stillwater) 501 ELM ST W 21 291Page 274 -92.809495 45.073986 E (North Stillwater) 222 Hazel St E 12 275 -92.80930986 45.07397464 E (North Stillwater) 222 HAZEL ST E 14 276 -92.8154332 45.07343988 E (North Stillwater) 303 HAZEL ST W 11 277 -92.82966362 45.07342151 E (North Stillwater) 1820 JOHNSON CT 20 278 -92.82832188 45.07330871 E (North Stillwater) 1801 JOHNSON DR 14 279 -92.8282465 45.07331384 E (North Stillwater) 1801 JOHNSON DR 16 280 -92.80521471 45.06895397 E (North Stillwater) 1523 MAIN ST N 8 281 -92.81509432 45.06128454 E (North Stillwater) 324 MAPLE ST W 15 282 -92.81510063 45.0614756 E (North Stillwater) 324 MAPLE ST W 15 283 -92.81528031 45.06162386 E (North Stillwater) 714 MARTHA ST N 21 284 -92.81527724 45.06167198 E (North Stillwater) 714 MARTHA ST N 21 285 -92.82123794 45.06563486 E (North Stillwater) 1120 OWENS ST N 22 286 -92.80992297 45.06701975 E (North Stillwater) 202 ST CROIX AVE E 10 287 -92.8235547 45.06651801 E (North Stillwater) 1002 ST CROIX AVE W 15 288 -92,85524108 45.07711458 E (North Stillwater) 3372 WHITE PINE WAY 13 289 -92.85546599 45.07700884 E (North Stillwater) 3381 WHITE PINE WAY 12 290 -92.80873977 45.07317666 E (North Stillwater) 300 WILLOW ST E 13 291 -92.808771 45.073176 E (North Stillwater) 300 WILLOW ST E 10 301Page ACORa CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) '% . 05/28/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lynn Otto NAME: AssuredPartners of Minnesota LLC PHONE (651) 644-7200 I FAX (651) 644-9137 (A/C. No. Extl: AIC No 2685 Long Lake Road E-MAIL ADDRESS: lynn.otto@assuredpartners.com INSUREWSI AFFORDING COVERAGE NAIC II St. Paul MN 55113 INSURERA: Western National Insurance Group 15377 INSURED INSURER B: Midwest Employers ers Casualty Company 23612 Valdes Lawn Care and Snow Removal, LLC, INSURER C : 9591 60th St N INSURER 0: INSURER E : Lake Elmo MN 55042 INSURER F : COVERAGES CERTIFICATE NUMBER- 2024/25 Valdes Master :vl RFVICIr1Id NI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR LTR TYPE OF INSURANCE ADUL INSD SUMH WVD POLICY NUMBER POLICY EFF MM/DDIYYYV POLICY EXP IMMIOD LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE © OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES $ 500,000 X MED EXP (Anv one Damon) S 5,000 Contractual Liab & XCU Included PERSONAL BADVINJURY $ 1,000,000 A Y Y CPP133573501 03/31/2024 03/31/2025 GE NL AGGREGATE LIMIT APPLIES PER POLICY a PR0 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY CO:.tBINED SINGLE LIMIT LN NI'filten! $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y CPP133499901 03/31/2024 03/31/2025 BODILY INJURY (Per accident) $ X NON -OWNED AUTOS ONLY AUTOS ONLY HIRED Hx PROPERTY DAMAGE PC, ar.0denl $ X Underinsured motorist $ 1,000,000 Comp Collision UMBRELLA LWB X OCCUR ice,,, &3F•'^•0N' •^•• EACH OCCURRENCE $ 5,000,000 A EXCESS UAB CLAIMS -MADE Y Y UMB105591901 03/31/2024 03/31/2025 AGGREGATE $ 5,000,000 DED X RETENTION S 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY OFFICERIMEMBEREXCLU EXCLUDEDDPROPRIETORIPARTNER/EXECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y 03-0002227/EWC010188 01/01/2024 01/01/2025 PER uTH- STAT 7F E? E.L.EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,0()0 E.L. DISEASE - POLICY LIMIT $ 1-000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 2024 Ash Tree REmoval Project City of Stillwater is included as additional insured on the general liability on a primary and non-contributory basis including ongoing and completed operations, Auto Liability and the Umbrella follows form as required by written contract in accordance with the policys provisions. Waiver of subrogation applies to the general liability, auto liability, workers compensation and umbrella in favor of the City of Stillwater. 30 days written notice of cancellation except 10 days for non-payment of premiums. 1161MI c rlw _ucn L ANL.tLLAI IVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Stillwater ACCORDANCE WITH THE POLICY PROVISIONS. 216 4th Street North AUTHORIZED REPRESENTATIVE Stillwater MN 55082 A� . L. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Rob Rice, IT Manager SUBJECT: Network Service Improvement for Rec Center, Lily Lake Arena, Parking Ramp DISCUSSION The City of Stillwater has three remote locations which have a substantial technological hardware footprint at their physical location. These locations include: • St. Croix Valley Recreation Center • Lily Lake Ice Arena • Downtown parking ramp These locations are connected to City Hall through a basic internet connection using a virtual private network (VPN). Each location has its own internet modem, firewall, network security sensor, and a minimum of at least one server. At the time of their deployment, this was the ideal way to manage remote sites and establish network connectivity. However, this existing network architecture presents several challenges: • Maintaining various hardware appliances • Managing and maintaining complex network configurations • Paying the ongoing costs for hardware maintenance, licensing, and upgrades These challenges draw on IT Department resources, which could be utilized elsewhere to improve quality of services delivered. Adopting a centralized network strategy will efficiently address these challenges. Doing so will directly connect the remote sites back to City Hall data center where all servicers will be hosted. Implementing a centralized network can be effectively accomplished through a service provided through Comcast. This service is Ethernet Network Service (ENS), which directly connects the remote locations to City Hall using Comcast infrastructure. The key advantages to creating a centralized network through ENS are listed below: 1. Reduction in remote -site hardware Our current total combined monthly hardware related costs for the remote sites is $2,035. ENS will reduce the need for the stated hardware at each site. This streamlined approach leads to lower capital expenditures, decreased maintenance costs, and improved reliability. 2. Simplified Network Management ENS provides centralized management of the network and operations. These benefits include ease of management, improved visibility, and operational efficiency that will free up IT resources. 3. Cost-effectiveness compared to owned fiber infrastructure Building and maintaining our own fiber infrastructure would be cost prohibitive, as it would cost anywhere from $225,000 to $500,000 for the City to lay its own fiber and cost an estimated $18,000 annually for locates and maintenance. ENS is a more economical solution that avoids a substantial upfront investment and provides a more predictable cost for budgeting. RECOMMENDATION Through research and due diligence, it is the IT Managers recommendation that the City of Stillwater enter into a 60-month agreement with Comcast for use of its Ethernet Network Service. This service would cost $2,086 a month and would result in a more efficient and simplified network with less overhead to support. This is an economical solution that aligns with the City's strategic goals of providing efficient and reliable IT services throughout the organization. ACTION REQUESTED If council concurs with staff recommendation, Council should pass a motion to enter into a 60-month service agreement with Comcast to provide direct network connectivity from the remote sites—Rec Center, Lily Lake Ice Arena, and Parking Ramp — to City Hall using Ethernet Network Services. DocuSic n_Envelope FB5EE924-7D62-428D-81C9-D85825775291 _ID: UL)MUAST ENTERPRISE SERVICES SALES ORDER FORM Page 1 of 3 BUSINESS MSA ID#: MN-9392151-surqu So ID#: MN-9392151-surqu-24384667 Account Name: City of Stillwater USTOMER INFO Pnm con Rob Rice Billing Account Nama City of Stillwater INVOICE ADDRESS Billing Nama Tit.: IT Manager (3m Pam Accoarda) Adare.. t: 216 N Fourth Street Md.. 1: 216 N Fourth Street Billing torten: Rob Rice Md—. 2: Addr.ae 2: Tide: IT Manager city: Stillwater city: Stillwater Phone: 6514308804 swk: MN smm: MN cell: zip code: 55082 zip: 55082 Faz: Taz EzempL Yes Phoee:6514308804 Emeie rdce@stillwalermn.gov •RTe., peasep andattach an applicebk bz ezempdptlon certiRpa[e. Cell: Fax: Email: rrlce@stlllwatemin.goy SUMMARY OF CHARGES (Details on following pages) Service Term (Months): 60 SUMMARY OF SERVICE CHARGES* SUMMARY OF STANDARD INSTALLATION FEES* Current Monthly Recurring Charges: $0.00 Total Standard Installation Fees: $0.00 Current Trunk Services Monthly Recurring Charges: $0.00 Total Trunk Services Standard Installation Fees: $0.00 Total Current Monthly Recurring Charges (all Services): $0.00 Total Standard Installation Fees (all Services): $0.00 Change Monthly Retuning Charges: $2,086.00 SUMMARY OF CUSTOM INSTALLATION FEES* Change Trunk Services Monthly Recurring Charges: $0.00 Total Custom Installation Fee: $0.00 Change Monthly Recurring Charges (all Services): $2,086.00 Total Monthly Recurring Charges: $2,086.00 Total Trunk Services Monthly Recurring Charges: $0.00 Total Monthly Recurring Charges (all Services): $2,086.00 SUMMARY OF MONTHLY EQUIPMENT FEES* Current Services Equipment Fee Monthly Recurring Charges: $0.00 Current Trunk Services Equipment Fee Monthly Retuning Charges: $0.00 Current Equipment Fee Monthly Recurring Charges (All Services): $0.00 Change Services Equipment Fee Monthly Retuning Charges: $0.00 Change Trunk Services Equipment Fee Monthly Recurring Charges: $0.00 Change Equipment Fee Monthly Recurring Charges (All Services): $0.00 Total Service Equipment Fee Monthly Recurring Charges $0.00 Total Trunk Service Equipment Fee Monthly Retuning Charges $0.00 Total Equipment Fee Monthly Recurring Charges (All Services) $0.00 *Note: Charges identified in the Sales Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, fees, surcharges and recoupments (however designated). Please refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100%) of the non -amortized Custom Installation Fees prior to the installation of Service. The existence of Hazardous Materials at the Service Location or a change in installation due to an Engineering Review may result in changes to the Custom and/or Standard Installation Fees payable by Customer. GENERAL COMMENTS This Comcast Enterprise Services Sales Order Form ("Sales Order') shall be effective upon acceptance by Comcast. This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement, entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at http://business.comcast.com/terms-conditions-ent, (the "Agreement") . Unless otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement. By purchasing Comcast voice services, you are giving Comcast Business permission to request a copy of the Customer Service Record(s) from your existing carrier(s). Customer Service Records include the telephone numbers listed on the account(s) and may also include information related to services provided by such canier(s). COMPANY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THIS 911 NOTICE: Your Comcast Business Voice Services set forth in this Sales Order (the "Voice Services") have the following 911 limitations: • In order for 911 calls to be properly directed to emergency services using the Voice Services, Customer must provide and maintain the correct service address information ("Registered Service Location") for each telephone number and extension used by Customer. The Registered Service Location should also include information such as floor and office number as appropriate. • If the Voice Services are moved to, or used in, a different location without Customer providing an updated Registered Service Location, 911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice Services (including 911) may fail altogether. Customer's use of a telephone number not associated with its geographic location, or a failure to allot sufficient time for a Registered Service Location change to be processed, may increase these risks. • Customer is solely responsible for programming its telephone system to map each telephone number and extension to the correct location, and for updating the telephone system as necessary to reflect moves or additions of stations. • Customer 911 calls may be sent to an emergency call center where an agent will ask for the caller's name, telephone number, and location, and then will contact the local emergency authority. • The Voice Services use electrical power in the Customers premises. If there is an electrical power outage, 911 calling may be interrupted if back-up power is not installed, fails, or is exhausted. Voice Services that rely on a broadband connection may also be interrupted if the broadband service fails. • Calls using the Voice Services, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network equipment and/or power failure, a broadband connection failure, or another technical problem. • Failure by Customer to make updates to the Registered Service Location, including updates to restore service address to the original Registered Service Location, or failure to allot sufficient time for the Service Location update provisioning to complete may result in emergency services being dispatched to the incorrect Service Location. • Customers should call Comcast at 800-741-4141 if they have any questions or need to update the Registered Service Location in the E911 system. BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE FOREGOING 911 NOTICE AND THE 911 LIMITATIONS OF THE VOICE SERVICES. B si Tin below, Customer acknowledges, agrees to and accepts the terms and con Signature: Signaure: Sales Rep: Steven Urquhart Name: Name: Michael J . Mazza Sales Rep E-Mail: Steven_ Urquhart@Comcast.com Title: Title: VP, CB Sales Solutions Region: Twin Cities Data: Date: 5/1/2024 Division: West DocuSign Envelope ID: FB5EE924-7D62-428D-81C9-D85825775291 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM BUSINESS SERVICES AND PRICING Account Name: City of Stillwater Date: 4/30/2024 MSA ID#: MN-9392151-surqu SO ID#: MN-9392151-surqu-24384667 Short Description of Service: Service Term: 60 MONTH PAGE 2 of 3 Solution Charges Line Request Action Services Description Service Location A* Service Location Z* Tax Jurisdiction Qty Monthly One -Time 001 New Add Ethernet Network Interface - Gig E Port City Hall / 216 4th St N Intrastate 1 $173.50 $0.00 002 New Add ENS - Basic Network Bandwidth 1000 Mb s City Hall / 216 4th St N Intrastate 1 $536.50 $0.00 003 New Add Ethernet Network Interface - Gig E Port St Croix Valley Rec Center / 1675 f Intrastate 1 $173.50 $0.00 004 New Add ENS - Basic Network Bandwidth 1000 Mb s St Croix Valley Rec Center / 1675 f Intrastate 1 $536.50 $0.00 005 New Add Ethernet Network Interface - Gig E Port Lily Lake Ice Arena / 1208 Greeley - Intrastate 1 $117.00 $0.00 006 New Add ENS - Basic Network Bandwidth 100 Mb s Lily Lake Ice Arena / 1208 Greeley - Intrastate 1 $216.00 $0.00 007 New Add Ethernet Network Interface - Gig E Port Stillwater Public Parking Garage / - Intrastate 1 $117.00 $0.00 008 New Add ENS - Basic Network Bandwidth 100 Mb s Stillwater Public Parking Garage / - Intrastate 1 $216.00 $0.00 009 $0.00 $0.00 010 $0.00 $0.00 011 $0.00 $0.00 012 $0.00 $0.00 013 $0.00 $0.00 014 $0.00 $0.00 015 $0.00 $0.00 016 $0.00 $0.00 017 $0.00 $0.00 018 $0.00 $0.00 019 $0.00 $0.00 020 $0.00 $0.00 021 $0.00 $0.00 022 $0.00 $0.00 023 $0.00 $0.00 024 $0.00 $0.00 025 $0.00 $0.00 026 $0.00 $0.00 027 $0.00 $0.00 028 $0.00 $0.00 029 $0.00 $0.00 030 $0.00 $0.00 031 $0.00 $0.00 032 $0.00 $0.00 033 $0.00 $0.00 034 $0.00 $0.00 035 $0.00 $0.00 036 $0.00 $0.00 037 $0.00 $0.00 038 $0.00 $0.00 039 $0.00 $0.00 040 $0.00 $0.00 041 $0.00 $0.00 042 $0.00 $0.00 043 $0.00 $0.00 044 $0.00 $0.00 045 $0.00 $0.00 046 $0.00 $0.00 047 $0.00 $0.00 048 $0.00 $0.00 049 $0.00 $0.00 050 - - - - - $0.00 $0.00 " Services Location Details attached Charges are Exclusive of Equipment Fees PAGE 2 SUBTOTAL: $2,086.00 $0.00 DocuSign Envelope ID: FB5EE924-7D62-428D-81C9-D85825775291 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM BUSINESS SERVICE LOCATION DETAIL INFORMATION Date: 4/30/2024 MSA ID#: MN-9392151-surqu I SO ID#: MN-9392151-surqu-24384667 Account Name: City of Stillwater PAGE 3 of 3 Line Location Name/Site ID Address 1 Address 2 City State Zip Code Incremental Equipment Fee Technical/Local Contact Name Technical/Local Contact Phone # Technical/Local Contact Email Address Technical Contact On Site (Yes/No) 1 City Hall 216 4th St N Stillwater MN 55082 $0.00 Rob Rice (651) 430-8804 rrice@stillwatermn.gov Yes 2 St Croix Valley Rec Center 1675 Market DR Stillwater MN 55082 $0.00 Rob Rice (651) 430-8804 rrice@stillwatermn.gov Yes 3 Lily Lake Ice Arena 1208 Greeley St S Stillwater MN 55082 $0.00 Rob Rice (651) 430-8804 rrice@stillwatermn.gov Yes 4 Stillwater Public Parking Gar 200 2nd St N Stillwater MN 55082 $0.00 Rob Rice (651) 430-8804 rrice@stillwatermn.gov Yes 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - 32 - 33 - 34 - 35 - 36 - 37 - DocuSign Envelope ID: FB5EE924-7D62-428D-81C9-D85825775291 COMCAST Account Name MSA ID Date Generated BUSINESS JCity of Stillwater MN-9392151-surqu 3/27/2024 COMCAST ENTERPRISE SERVICES MASTER SERVICES AGREEMENT (MSA) MSA Term: 60 Months CUSTOMER INFORMATION Primary Contact: Rob Rice Primary Contact Address Information Title: IT Manager Address 1: 216 N Fourth Street Phone: 651-430-8804 Address 2: Cell: City: Stillwater Fax: State: MN Email: rrice@stillwatermn.gov Zip Code: 55082 This Comcast Enterprise Services Master Services Agreement ("Agreement' or "MSA") sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates ("Comcast) will provide communications and other services ("Services") to the above customer ("Customer") and is effective as of the date of Customer's signature below (the "Effective Date"). The Agreement consists of this Master Service Agreement Cover Page executed by Customer (this "Cover Page"), the Comcast Enterprise Services General Terms and Conditions ("General Terms and Conditions"), any written amendments to the Agreement executed by both parties ("Amendments"), each Product -Specific Attachment for the applicable Services ("PSA(s)") and each Sales Order accepted by Comcast hereunder ("Sales Orders"). In the event of any inconsistency among these documents, the order of precedence will be as follows: (1) Amendments (if any), (2) this Cover Page, (3) PSA(s), (4) General Terms and Conditions and (5) Sales Orders. This Agreement shall be legally binding when signed by Customer and shall continue in effect until the expiration date of any Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the Agreement. Customer may submit Sales Orders to Comcast during the term of this Agreement ("MSA Term"). After the expiration of the initial MSA Term, Comcast may continue to accept Sales Orders from Customer under the Agreement, or require the parties to execute a new MSA. The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and PSAs are located at https://business.comcast.com/terms-conditions-ent. Use of the Services is also subject to the then -current Acceptable Use Policy for High -Speed Internet Services (the "AUP") located at https://business.comcast.com/customer-notifications/acceptable-use-policy (or any successor URL), and the then -current Privacy Statement (the "Privacy Policy") located at https://business.comcast.com/privacy- statement_new (or any successor URL). Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time to time upon posting to the Comcast website. Services are only available to commercial customers in serviceable areas. Services may not be transferred without the prior written consent of Comcast as set forth in more details in the General Terms and Conditions. Minimum Service Terms are required for most Services and early termination fees may apply. Service Terms are identified in each Sales Orders, and early termination fees are identified in the applicable PSAs. BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. CUSTOMER Signature: Name: M. Mazza Title: VP, CB Sales Solutions Date: 5/1/2024 i water THE BIRTHPLACE OF MINNESOTA DATE: May 2911, 2024 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Gas Mask and Filter Replacement Memo BACKGROUND The Police Department has recently been reviewing some outdated gas masks and filters carried in the patrol squads. Since the last review, several years ago, replacements for these items have not been purchased/prioritized. OSHA rules state that these items have a shelf life and must be on a replacement cycle to continue to be effective in a hazardous environment. Stillwater Police Officers are often times first on the scene and during dynamic and dangerous situations and could be called upon to work in environments in which this safety equipment is needed, until the scene is deemed safe for others like the Fire Department can enter. After review, it was determined that $9,000 is needed to outfit all officers with replacement gas masks and the required filters. Chief Mueller has worked with City Administrator Kohlmann to identify Public Safety Aid funding to assist with this purchase. RECOMMENDATION Staff recommends approval of Public Safety Aid monies in the amount of $9,000 for purchase of this equipment ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the purchase. i water THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Stillwater Human Rights Commission Change of Meeting Dates The Human Rights Commission meetings sometimes fall on the same day as the Planning Commission meetings and some Commissioners would like to attend a Planning Commission meeting. Therefore the Stillwater Human Rights Commission has requested to have their regular monthly meetings be changed from the last Wednesday of the month to the 2nd Monday of the month. On December 19, 2023 Council adopted the 2024 City Council and Boards and Commissions meeting calendar. With this new request, Council will need to approve the change and staff will publish the new meeting dates. RECOMMENDATION Staff recommends approving the change of meeting date for the Stillwater Human Rights Commission to the 2nd Monday of the month excluding July when the Commission attends the City Council meeting to present the Human Rights Award. ACTION REQUIRED Council should review the recommendation and pass a motion adopting a resolution Changing the Stillwater Human Rights Commission Regular Meeting Date to the 2nd Monday of the month. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx CHANGING THE STILLWATER HUMAN RIGHTS COMMISSION REGULAR MEETING DATE WHEREAS, the Stillwater Human Rights Commission meeting date regularly scheduled for the last Wednesday of the month frequently occurred on the same date as the Stillwater Planning Commission meeting date; NOW THEREFORE, the Stillwater City Council has approved changing the regular meeting date for the Stillwater Human Rights Commission to the 2nd Monday of the month excluding July when the Commission attends the City Council meeting. Adopted by the Stillwater City Council this 51" day of June, 2024. A11V&97�'1IIMYi 11%94V Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA PUBLISH THIS NOTICE NOTICE OF MEETING DATE CHANGE OF THE STILLWATER HUMAN RIGHTS COMMISSION NOTICE IS HEREBY GIVEN that the Stillwater Human Rights Commission regular meeting held on the last Wednesday of each month will be changed to the 2"d Monday of each month at 7 p.m excluding July when the Commission attends the City Council meeting. Meetings are held in the Council Chambers at City Hall, 216 4tn St N. Contact the City Clerk's Office at (651) 430-8800 if you have any questions or need further information. Date: June 5, 2024 Signed: Beth Wolf, City Clerk Publish: June 7, 2024 i water THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager SUBJECT: Case No. CD 2024-016: Conditional Use Permit for Indoor Commercial Recreation (Fitness Center) at 107 Chestnut St E BACKGROUND The Applicant, Matthew Wolf, is seeking a Conditional Use Permit (CUP) for an Indoor Commercial Recreation Use consisting of an indoor fitness center located at 107 Chestnut Street East (the "Property"). The Planning Commission held a Public Hearing on May 22, 2024. Details of the proposal can be found in the attached Report to Planning Commission. RECOMMENDATION The Planning Commission recommends approval of the request with conditions outlined in the attached resolution for approval. ACTION REQUESTED Motion to adopt the Resolution approving the Conditional Use Permit request to allow for Indoor Commercial Recreation (Fitness Center) located at 127 Main Street South. City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR INDOOR COMMERCIAL RECREATION LOCATED AT 107 CHESTNUT STREET EAST (CASE NO. CD2024-016) WHEREAS, the City of Stillwater received Conditional Use Permit from Matthew Wolf ("Representative") and CVII Holdings, LLC ("Property Owner"), for an Indoor Commercial Recreation Use consisting of an indoor fitness center, located at 107 Chestnut Street East, legally described as in Exhibit A (the "Property"); and, WHEREAS, on May 22, 2024, the City Planning Commission for the City of Stillwater considered the conditional use permit, held a Public Hearing, and recommended approval of the request.; and WHEREAS, on June 4, 2024, the City Council for the City of Stillwater considered the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater considered the conditional use permit for an Indoor Commercial Recreation (Fitness Center) at its June 4, 2024 meeting and approved the conditional use permit. The approval of the conditional use permit is subject to the following conditions: FINDINGS: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; 2. Any additional conditions necessary for the public interest have been imposed; and 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. CONDITIONS: 1. Development and use must be consistent with approved plans provided in CD2024- 016. 2. Review and approval by the City Building Department. 3. Review and approval by Fire Department. 4. All minor modification to the plans shall be approved in advance by the Community Development Department. All major modifications shall be approved in advance by the Planning Commission, or City Council. Determination of the distinction between "major" and "minor" is defined in the Zoning Ordinance. 5. Approval of the conditional use permit does not constitute final approval. The Applicant must secure proper permits and approvals from the City prior to construction. Adopted by the City Council this 4th day of June, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Situs Address: 107 Chestnut Street East Parcel ID: 28-030-20-42-0107 Lots numbered nine (9) and ten (10) and all of Lot numbered eight (8) except the south twenty four (24) feet thereof, and the west one third (1/3) of Lots numbered one (1), two (2) and three (3) except the north sixty-five (65) feet of the east six (6) inches thereof, all in Block numbered thirty (30) of the original town (now city) of Stillwater, as surveyed, platted and now of record in the office of the Register of Deeds in and for said Washington County, Minnesota. 11 ater, w THE BIRTHPLACE OF MINNESOTA DATE: May 22, 2024 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Planning Manager SUBJECT: Case No. CD 2024-016: Conditional Use Permit for Indoor Commercial Recreation (Fitness Center) at 107 Chestnut St E DISCUSSION The Owner requests a Conditional Use Permit for Indoor Commercial Recreation to facilitate a proposed tenant who proposes to operate a fitness center in the basement level of this existing building. This is a simple use approval. There are no exterior modifications or expansion of the building in the current proposal. This is a tenant build - out of an existing interior space. Indoor Commercial Recreation is an allowable use as a Conditional Use in this Central Business Di trict. In approving a Conditional Use, the i mus pt the following findings. • The proposed structure or use con rms to quirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations • Any additional conditions necessary for the public interest have been imposed • The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community RECOMMENDATION Staff recommends approval of the request. ACTION REQUESTED Motion to recommend that the City Council approve the Conditional Use Permit for Indoor Commercial Recreation at 107 Chestnut St E. "The Underground" Women's strength and conditioning gym in Stillwater. We pride ourselves on intelligent training and programming that leads to lasting results. Discover why our female focused gym provides faster results with more accountability in a safe and inclusive environment! We use an individual approach to group training. Here at The Underground, we split the difference between 1:1 personal training and traditional large group classes. We emphasize education and mastering technique during sessions so that you feel confident both inside the gym and out. Why invest in small group personal training? What makes it unique? The "What" The Underground offers a unique blend of individualized attention and the energy of a small group setting. Clients enjoy personalized workouts tailored to their specific goals and fitness levels. Not all clients will be doing the same exercise variations in each session. We modify the sessions to suit your individual needs and specific goals. This format allows for cost-effective personal training without compromising on quality, ensuring clients receive the guidance and accountability they need to achieve their fitness objectives in a supportive and encouraging environment. "Why it works" We focus on building muscle and strength and care less about the calorie burn and sweat fest that most other group workouts entail. Strength training is one of the best investments we can make in terms of long-term health. Building more lean body mass means improving bone density and joint health, resisting age -related muscle loss (sarcopenia), and maintaining the ability to perform daily activities. It's also linked to many cognitive and emotional benefits, like improved mood regulation, problem -solving skills, feelings of confidence, and self-sufficiency. The longer we participate in resistance training activities, the longer and greater benefits we will experience - you can think of it like compounding interest! It's NEVER too late to start. Our sessions are programmed for continuous progression. This means that there are no random workouts or "workouts of the day" where you're training without intent. Each session is programmed for a purpose and workouts will stay similar for each 4-week training block but progress week to week. This ensures our clients have enough time to improve their technique and confidence with certain exercises and allows for improvement in overall strength and conditioning. —Our sessions are self -paced. As our main goal is to improve strength and work toward body recomposition (reducing bodyfat and building muscle simultaneously), adequate rest is crucial. You are able to rest throughout the sessions as needed which enables you to maintain a greater training performance and focus on technique throughout each of the sessions. We can reduce the risk for injury and maximize results by training with intent and not "for time." Schedule: Group sessions: M — F, 0600, 0900 and 1200. (typical class size of 12-15 people) Semi Private: M — F, 1300 and 1500 Personal Training 1:1— M — F, TBD. Case by Case basis. Capacity: The business will seek to acquire 30 clients during the first six months; followed by an additional 30 from six months to 18 months into business. The business model does not plan to have over 75 clients at any given time depending on the current business model. This is the first concept for equipment layout. There will be additional barbells, weights, and storage. (depiction "up" is South) DocuSign Envelope ID: 5BE3B467-4F46-426F-AE6C-46F57DFB88A9 EXHIBIT A Depiction of Premises (In gray below, including STG 028) 10539172v1 i water THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager SUBJECT: Case No. 2024-021: Interim Use Permit for Seasonal Outdoor Seasonal Food Vending at 127 Main Street South (Leo's Grill and Malt Shop) BACKGROUND The Applicant, Cory Buettner (Gloria's To Go), is seeking an Interim Use Permit (IUP) for seasonal outdoor sales/outdoor seasonal food vending located at 127 Main Street South, Leo's Grill and Malt Shop (the "Property"). The Planning Commission held a Public Hearing on May 22, 2024. Details of the proposal can be found in the attached Report to Planning Commission. RECOMMENDATION The Planning Commission recommends approval of the request with conditions outlined in the attached resolution for approval. ACTION REQUESTED Motion to adopt the Resolution approving the Interim Use Permit request to allow for seasonal outdoor sales/outdoor seasonal food vending located at 127 Main Street South. City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION APPROVING AN INTERIM USE PERMIT FORTHE PLACEMENT OF A SEASONAL FOOD VENDING TRAILER AT 127 MAIN STREET SOUTH (LEO'S GRILL & MALT SHOP) (CASE NO. CD2024-021) WHEREAS, the City of Stillwater received Interim Use Permit and Seasonal Food Vending Permit applications from Cory Buettner ("Applicant"), for the placement of a food vending trailer for more than four days in one location located at 127 Main Street South, legally described as in Exhibit A (the "Property"); and WHEREAS, the proposed food vending trailer will be operating at 127 Main Street South from April 1st, 2024 through December 31st, 2024; and WHEREAS, on May 22, 2024, the City Planning Commission for the City of Stillwater considered the interim use permit, and recommended approval of the request; and WHEREAS, on June 4, 2024, the City Council for the City of Stillwater considered the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the interim use permit for a seasonal food vending trailer at its June 4, 2024 meeting. The approval of the interim use permit is subject to the following conditions: FINDINGS • The use conforms to the Zoning District • The date or event that will terminate the use can be identified with certainty • Permission of the use will no impose additional costs on the City if it is necessary for the City to take the Property in the future • The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use CONDITIONS OF APPROVAL 1. The Applicant shall submit a complete Annual Food Vending Permit for administrative approval to the Community Development Department, including all required attachments and inspections before the trailer may be located at the site and/or in operation. 2. All plans shall be reviewed and approved by applicable fire and building inspection personnel prior to location and/or operation. 3. The Applicant must secure all necessary approvals from Washington County health officials. 4. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be any changes to the approved plans. 5. The Interim Use Permit may be renewed annually by the Community Development Director as allowed by City Code. Adopted by the City Council this 4tn day of June, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Situs Address: 127 Main Street South Parcel ID: 28-030-20-41-0124 The South 25 feet of the West 41 feet and 10 inches of Lot 5 in Block 27 of the Original Town (now City) of Stillwater, and also all that part of Lot 5 in Block 27 of the original Town (now City) of Stillwater, bounded as follows: to -wit: Beginning at a point in the East line of Main Street in said -City, 25 feet Northerly from the North line of Chestnut Street in said City and running thence Easterly on the line parallel with said North line of Chestnut Street80 feet; thence Northerly parallel with said East line of Main Street 25 feet to the North line of said Lot 5; thence West 80 feet to said East line of Main Street; thence Southerly along said East line of Main Street 25 feet to the place of beginning; excepting therefrom the South 8 inches of the East 38 feet and 8 inches thereof, Washington County, Minnesota. All that part of Lot 5, Block 27, of the original town (now City) of Stillwater, bounded as follows, viz: Beginning at a point in the North line of said Lot 5, 80 feet East of the East line of Main Street running thence Southerly on a line parallel with said East line of Main Street 25 feet to a point; thence Easterly on a line parallel with the North line of said lot number 5, one foot and 8 inches to a point; thence Southerly on a line parallel with said East line of Main Street 25 feet to the North line of Chestnut Street; thence Easterly along said North line of Chestnut Street 38 feet and 4 inches to the West line of Water Street on Stimpson's Alley; thence Northerly along the said West line of -Water Street, 50 feet to the North line of said Lot 5, and thence Westerly along said North line of said Lot 5, 40 feet more or less to the point of beginning, Washington County, Minnesota �1 W THE BIRTHPLACE OF MINNESOTA DATE: May 22, 2024 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Planning Manager SUBJECT: Case No. 2024-021: Interim Use Permit for Seasonal Outdoor Seasonal Food Vending at 127 Main Street South (Leo's Grill and Malt Shop) BACKGROUND The Applicant, Cory Buettner, is seeking an Interim Use Permit (IUP) for seasonal outdoor seasonal food vending located at 127 Main Street South, Leo's Grill and Malt Shop (the "Property"). The entirety of the Property has frontage on Main Street South, Water Street South, and Chestnut Street Plaza. The property is located in the Central Business zoning district and lies within the Downtown Stillwater Design Review District. The applicant has been operating the proposed food vending on site in some capacity since 2020, and has been operating "Gloria's To Go" since 2021. The City Council adopted a comprehensive code amendment that went into effect on March 15t", 2024 and changed requirements for seasonal outdoor sales (including mobile food units) in the Central Business District. Interim Use Permits are needed when food trucks are proposed on a property for more than four days. Within the Central Business District, food trucks are only allowed on private property owned and adjacent to restaurants, breweries, and distilleries. Heritage Preservation Commission design review is still a requirement. Due to the change in Code, the applicant is required to receive an Interim Use Permit for operating longer than 4 days. The Heritage Preservation Commission reviewed and approved the Design of Gloria's To Go in 2021. The design of the food vending operation has not changed since then therefore Design Review is not necessary as part of this request. The Applicant seeks to continue operating a seasonal food vending truck in its current space April 2024 through December 2024. The proposed truck would continue to occupy patio space in the private patio area where it has been located the previous two (2) years. Proposed hours of operation are 12:00 p.m. to 10:00 p.m., seven days a week. During the Spring and Fall they will generally operate weekends, and operate seven (7) days a week during the Summer. The unit is powered via electricity and connected to City Water. When initially approved in 2021, the applicant paid the required Water Availability Charge for said connection. Trash from the proposed trailer would be disposed of using Leo's on- premise dumpster and removal service. Sewer, propane, and natural gas are not needed for the vending unit. AMAI YSIS The purpose of an IUP is to provide flexibility to the district use regulations. IUP's are temporary in nature and due to these temporary characteristics, require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant and to deny applications for IUPs and to impose reasonable conditions upon the granting of these permits. The Planning Commission may grant an interim use permit for the interim use of a property if: 1. The use conforms to the zoning regulations; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and 4. The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use Staff finds that the use conformI with the zoning regulations and the newly adopted comprehensive code amendment, that the proposed dates of operation are identified with certainty, that the request would not impo additional costs on the city if it is necessary for the city to take the property in the futLff, and has confirmed that the Applicant agrees to any/all conditions that the Planning Commission may' pose. RECOMMENDATION / Staff recommends that Planning Commission approve the interim use permit request for seasonal outdoor sales/outdoor seasonal food vending with the following conditions: 1. The Applicant shall submit a complete Annual Food Vending Permit for administrative approval to the Community Development Department, including all required attachments and inspections before the trailer may be located at the site and/or in operation. 2. All plans shall be reviewed and approved by applicable fire and building inspection personnel prior to location and/or operation. 3. The Applicant must secure all necessary approvals from Washington County health officials. 4. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be any changes to the approved plans. 5. The Interim Use Permit may be renewed annually by the Community Development Director as allowed by City Code. ACTION REQUESTED Motion to recommend approval of the Interim Use Permit request to allow for seasonal outdoor sales/outdoor seasonal food vending located at 127 Main Street South from April 1st, 2024 through December 31st, 2024 to the City Council. C►��'' A t dik 1 Ben Gutknecht From: Cory Buettner <corybuettner@gmail.com> Sent: Monday, April 22, 2024 10:27 AM To: Ben Gutknecht Subject: IUP Application for Gloria's Follow Up Flag: Follow up Flag Status: Flagged [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Ben, Here is the information you requested for the Interim Use Permit: Gloria's operates in a concession stand at 314 Chestnut St East. The legal address of the lot is 127 Main Street South; the "L" shaped lot extends eastward to the corner of Chestnut Street and Water Street. The stand is located in the South West Corner of the lot owned by Buettner Real Estate, LLC. Flattop, LLC operates Leo's Grill & Malt Shop and Gloria's. Both LLCs are owned and operated by Naashom and Cory Buettner. Gloria's specializes in premium soft serve ice cream and authentic Chicago style hot dogs. We also offer Dole Whip soft serve as a non-dairy option. Cones, Sundaes, Blenders, Floats and Freezes along with grab and go Sandwiches with fresh Kettle Chips and ice cold Beverages are served. The facility is stylized after, and reminiscent of, a 1950-60's ice cream stand. Our menu is true Americana with affordable prices. "Home of the $2.49 Cone" The serving windows are located on the East side of the stand allowing customers to form a que within the premises. The stand does not block any emergency exits. There is adequate storage within the facility to accommodate our operations. A trash 1 receptacle is present next to the stand for patrons. Trash and recycling gathered from guests, as well as production, are deposited in the trash enclosure on the premises. As weather and pedestrian traffic permits, we will operate Noon - 10 pm, 7 days a week, April through December 2024. We generally operate during weekends in the Spring and Fall and Daily during the Summer months. We have operated in December serving Free Hot Chocolate, Coffee and cookies during the annual City of Stillwater Christmas Tree lighting party. Electricity is provided by Xcel Energy. Fresh water is supplied by the City of Stillwater. The concession stand is attached to the City of Stillwater sanitary sewer system. Neither natural gas, nor propane are used in Gloria's. Please see attached images of our signage, menu, application, site layout, and license from Washington County Health Dept. Q c`oR ws M AL rrrr,r•q.T �-_3.►. .r.4MOO,�f��t:.f.f=tf+i,�_-.��•�,�- - _.147 r sue.- % awl go g � "RUN% - water. THE BIRTHPLACE OF MINNESOTA DATE: May 2911, 2024 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Medical Supply Purchase Memo BACKGROUND The Police Department has recently been reviewing the outdated medical supply kits currently carried in the patrol squads. Since the last review, several years ago, there have been significant advances in the life-saving medical supplies that can be utilized for citizens and officers alike. During any given shift Stillwater Police Officers can respond to a variety of medical calls for service, from the routine to life threatening. Potential service calls include but are not limited to car accidents, boating accidents, CPR, gunshot wounds, stabbings, overdoses, trips and falls, burns, etc. Stillwater Police Officers are often times first on the scene and during dynamic and dangerous situations officers could be treating patients until the scene is safe for other emergency medical responders. These types of incidents require more trauma focused medical interventions which the police department does not currently carry. After review, it was determined that $15,000 is needed to outfit all officers with this life-saving equipment. Chief Mueller has worked with City Administrator Kohlmann to identify Public Safety Aid funding to assist with this purchase. RECOMMENDATION Staff recommends approval of Public Safety Aid monies in the amount of $15,000 for purchase of this equipment ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the purchase. Water �l THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works RE: Approval of Engineering Services Myrtle Street Reconstruction Project (Project 2024-05) DISCUSSION Recently, the City solicited Request for Proposals for Engineering Services for the design of the Myrtle Street Reconstruction Project. This project would consist of reconstructing Myrtle Street between Main Street and Owens Street. This significant corridor is due for reconstructing and is an opportunity to optimize use of the public space to improve conditions for motorists, bicyclists and pedestrians. Four proposals were received and upon review, staff has selected the consulting firm of ISG for the engineering services. ISG is a multi -disciplinary consulting company whose work has included similar projects. ISG cost for the engineering services is not to exceed $241,700. Funding for this will be paid out of the Permanent Improvement Capital Outlay. RECOMMENDATION Staff recommends Council approve and award the proposal for engineering services to ISG for the Myrtle Street Reconstruction and enter into agreement. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion to APPROVE AND AWARD PROPOSAL, AND ENTER INTO AGREEMENT FOR ENGINEERING SERVICES FOR THE MYRTLE STREET RECONSTRUCTION PROJECT (PROJECT 2024-05). l (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 4th day of June, 2024, by and between the City of Stillwater, 216 4t" Street North, Stillwater, Minnesota 55082, ("City") and ISG, 7900 International Drive, Ste #550, Bloomington, MN 55425 ("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: Myrtle Street Reconstruction Project 2024-05 - Engineering Services WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 5/24/24, 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 6/4/2025. 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. 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 Jesse Farrell, 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 Jake Guzik, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4tn Street North Stillwater, MN 55082 Attention: Andrew Coyne Or e-mailed: acoyne@stillwatermn.gov If to Consultant: ISG 7900 International Drive, Ste #550 Bloomington, MN 55425 Attention: Jake Guzik Or e-mailed: jake.guzik@isginc.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N ISG By: _ Its: Date: Project Description: Myrtle Street Reconstruction : Engineering Services 2024-05 Jesse, The City of Stillwater is one of the most beautiful cities across the State of Minnesota. ISG understands the importance of Myrtle Street because it provides the "Gateway" to Stillwater's Iconic Downtown. ISG understands the importance of completing this project on -time, while protecting and providing access to the City's Downtown is paramount in order to have a successful project. As a firm with transportation, public works, community engagement, and construction administration expertise, we are uniquely prepared to offer the following advantages: Dynamic Community Engagement. Our in-house community engagement experts are well -versed in identifying City, business, and resident needs to strategically gain the feedback required for a project of this magnitude. We will develop a custom engagement plan to ensure residents have a voice in the planning process and can remain engaged through our proactive updates, cutting -edge visualizations and drone footage, and user-friendly marketing materials. Strategic Staging. ISG recognizes the significance of strategically staging the street reconstruction to minimize disruption for your community, including businesses, churches, public safety, and emergency response. Having completed numerous similar projects, our team will combine their knowledge of construction sequencing and temporary traffic controls with advanced technology to deliver a plan that ensures the project is efficiently staged. Advanced Technology. Providing end -to -end solutions, ISG has completed over 200 transportation projects since 2019. We bring 3D scanning, pipe crawler, drone, and visualization services that can streamline this project for the City. These innovative tools will bring the reconstruction to life by showcasing concepts and plan elements in interactive formats, helping your team see the real -world conditions and end product. As your advocate, ISG will prioritize your goals and listen to your insight to successfully deliver the Myrtle Street reconstruction project. Sincerely, �� 9171 Jake Guzik, PE Jesse Farrell I Deputy Director of Public Works City of Stillwater 216 North Fourth Street Stillwater, MN 55082 651.430.8749 1 jfarrell@stillwatermn.gov FROM Jake Guzik, PE I Civil Engineer ISG 7900 International Drive + Suite 550 Bloomington, MN 55425 952.426.0699 1 jake.Guzik@ISGlnc.com TABLE OF CONTENTS FirmOverview...................................................................2 Team........................................................................................ 3 SimilarProjects..................................................................4 Project Understanding..................................................5 Proposed Approach.......................................................6 Schedules..............................................................................9 Compensation................................................................ 10 Appendices.......................................................................A I TRANSPORTATION EXPERTISE Agency, Environmental, and Utility Coordination Alternative Delivery Models Bridges, Culverts, and Highways Construction Administration + Inspection Drone, GIS, and Survey Data Collection Expansions + Intersections Land Use Preservation + Planning Public Engagement Reconstruction + Retrofits Roadways + Roundabouts Signals + Streetlighting Stormwater Management Streets + Streetscaping Survey + Platting Traffic Engineering FIRM OVERVIEW ENGINEERING THE FUTURE ISG has a rich history, that extends over 50 years, of building trusting relationships that help communities thrive. As a multi -disciplinary firm that is 100% owned by employees, ISG serves clients with transportation and public works expertise, fostering strong collaboration between all disciplines. Our business philosophy is centered around building relationships and constantly adding value through new and creative technologies, professionals, and ideas. ISG's flexibility makes it possible; our focus and innovative solutions will help us navigate regulatory planning, design, and project delivery together. Conflicts of Interest ISG has no potential conflicts of interest related to this project. Insurance ISG has appropriate certificates of insurance and is prepared to furnish the documents as part of a final contract with the City. Offices fices inties leted Page 2 Architecture + Engineering + Environmental + Planning I ISGlnc.com `" See Appendices For Team Resumes Survey Mark Schwanz, PLS Construction Administration Joel Goodenough Project Collaboration j j jwater Project Management Jake Guzik, PE Transportation Community Water Landscape Structural Engineering Engagement Resources Architecture Engineering Corona Woychik, Claire Roth PE, PTOE Becky Guenther, PE Brett Harris, PLA Jason Burns, PE Geotechnical Subconsultant Transportation Design ADA Ramp Design Support g RAJ N Todd Kirk Ryan Booth I NTE RTEC SIMILAR PROTECTS EXEMPLARY PORTFOLIO Blending technical knowledge and practical solutions with creativity and innovation, our diverse portfolio showcases our ability to deliver accurate data reporting, detailed modeling, and design solutions the City can trust. Cedar Avenue Streetscaping Owatonna, MN I Greg Krushke 19 49 19 is $4.2 Million Construction Cost 4th Street Reconstruction Des Moines, IA I Matt Radermacher 19 19 49 19 19 $6 M Construction Cost 2nd Street Reconstruction Des Moines, IA I Matt Radermacher 19 49 19 19 $700,000 Construction Cost 2nd Street Reconstruction Lo Crosse, WI I Matt Golloger is 19 49 19 is $3.3 M Construction Cost Bridge Street Reconstruction Owatonna, MN I Greg Krushke is is $3.1 M Construction Cost Page 4 Architecture + Engineering + Environmental + Planning I ISGlnc.com VAN PROJECT UNDERSTANDING OVERVIEW Myrtle Street is the east -west gateway into Historic Downtown Stillwater, a regional tourist destination that attracts thousands of visitors every year. Churches, businesses, homes, City Hall, the Public Works Department, and the Police Department are located in close proximity. The project includes the reconstruction of Myrtle Street from Owen Street (CSAH 5) to Main Street (MN 95). ISG understands that the City is looking for improved pedestrian and bicycle facilities. This road is on a steep slope which presents challenges for ADA compliance. The City also wants to review traffic movements at two intersections: Myrtle and Greeley Streets, and Myrtle and Third Streets. MYRTLE + GREELEY CONCEP " !� i IMPLEMENTATION THEMES m•n Engage The Community Throughout The Process • Proactively reach out for feedback and communicate plans. • Complete one-on-one meetings with business owners and property owners. • Conduct virtual and in -person open houses. • Maintain transparent and consistent communication from start of design through project closeout. ii Minimize Disruption By Keeping Businesses Open During Construction • Senior construction administration staff will help design the staging and phases of construction in partnership with City staff. Page 5 Architecture + Engineering + Environmental + Planning • Transportation team will thoughtfully think through detours. PROPOSEDAPPROACH Task 3 Community Design Engagement Services PROJECT MANAGEMENT Task 5 Permitting + Plan Approval Task 6 Opinion of Probable Cost Project Kickoff Meeting ISG will use our construction administration expertise to assist with Starting with the project kickoff meeting, ISG will deliver effective construction phase strategies and constructibility reviews. Traffic engineers communication, efficiency, and responsiveness. ISG will hit the ground running will thoughtfully analyze the proposed detour routes. Together, these efforts by utilizing previous reports, design concepts, and relationships with local will minimize impacts on businesses, community members, and tourists. agencies. Additionally, Jake Guzik, PE will use firsthand knowledge gained from prior work with the City and will lead project management out of ISG's Bloomington office. His proximity will enable him to meet with the City on short notice and provide responsiveness critical to the project's success. Design Review Meetings, Agency Coordination, and Quality Management ISG will prioritize adherence to the approved timeline, while also aligning with the City's expectations and complying with all applicable state bond funding criteria. We will collaborate with the involved agencies to prevent delays and facilitate smooth construction with minimal impacts. Private utilities requiring relocation will be contacted immediately to ensure that necessary relocations are completed prior to the start of City infrastructure construction. ISG's dedicated telecommunications team will be engaged to leverage existing relationships and further coordination. Task 1 Deliverables • Conduct project kickoff meeting • Provide an estimated schedule with milestones • Distribute agendas and meeting minutes • Present at one (1) City Council meeting • Facilitate coordination meetings with other agencies • Facilitate four (4) design meetings with City staff • Maintain schedule and track action items Page 6 Architecture + Engineering + Environmental + Planning I ISGlnc.com Proposed Approach DATA COLLECTION Topographic Survey + Existing Conditions Investigation ISG will perform a topographic survey to identify the existing features through the project corridor such as buildings, streets, retaining walls, and utilities that may be incorporated into the design. Topographic information will extend beyond the property lines for critical design locations, if necessary. In collaboration with Braun Intertec, ISG will perform geotechnical evaluations using ground -penetrating radar (GPR), pavement cores, and six-foot soil borings to assess pavement and subgrade conditions. Manhole structures will be evaluated using advanced 3D scanning technology. Additionally, ISG will capture street view and aerial drone imagery before and after construction to enhance public engagement and provide a visual record of project progress. Traffic Data Collection Traffic counts will be taken at pertinent intersections to pinpoint traffic issues and inform improvement recommendations. Task 2 Deliverables • Complete topographic survey • Geotechnical report with roadway design and construction recommendations • Manhole structure inspection • Provide aerial drone imagery • Street view imagery Task COMMUNITY ENGAGEMENT Open House + Pop -Up Events ISG will organize one (1) public open house event plus one (1) pop-up event in conjunction with a community event such as Lumberjack Days. Events will be used to inform residents, business owners, and road users about the project. Leveraging ISG's advanced digital tools and visualizations, the events will facilitate open discussion, address questions, and offer residents accurate descriptions of what to expect before, during, and after construction. Interactive Site + Online Surveys ISG will develop a project website in an interactive platform such as Social Pinpoint to gather public comments. The site can be used throughout the project to make project updates publicly available. We will post a QR code on yard signs along the project corridor to solicit feedback and notify users of the project. Council Meeting Presentation ISG will attend City Council meetings as needed to present project progress and feedback. Task 3 Deliverables • Host interactive site and track engagement data • Conduct public open house • Present project design progress at City Council meetings • Before + after visualization slider D�aT'0 0 '•0 2nd + Pearl Street R 3DScanning K _ '`•"*F bit.1y/3dScan_ISG R ❑ Improvements r. •• bit.1y/3g8p7j2 R ❑• ' New Ulm 5th + Garden Street Slider bit.ly/5thGordenSlider ISG R Page 7 Architecture + Engineering + Environmental + Planning I ISGlnc.com Proposed Approach DESIGN SERVICES Storm Sewer and Roadway Analysis + Design Using advanced hydraulic modeling software, ISG will analyze the existing storm sewer system capacity and performance to identify deficiencies and areas for improvement. We will evaluate stormwater management alternatives to identify the best layout. ISG will deliver 60%, 90%, and 100% design plans to the City and applicable agencies for approval based on the project scope, schedule, existing conditions, and State Aid Standards. The plans will integrate road intersection designs informed by collected traffic data. The plans will be developed using AutoCAD Civil 3D and relevant Microsoft Office products. Specifications Preparation To meet all city and state requirements, ISG will develop high -quality construction specifications. Task 4 Deliverables • Title sheet for MnDOT review • General layout • Estimated quantities • Intersection and ADA details • Typical sections • Plan and profile sheets • Stormwater Pollution Prevention Plan (SWPPP) • Storm sewer, sanitary sewer, and water main plans • Landscaping and turf establishment plans • Cross sections • Traffic control, construction staging, and signing and striping plans • Construction cost estimate • Construction specifications • Senior -level constructibility reviews at 60%, 90%, and 100% design submittals • Senior -level technical reviews at 60%, 90%, and 100% design submittals • Analyze detour routes in the plan set This proposal excludes analysis and design of existing or proposed retaining walls. If these services are required, a subsequent proposal will be provided. MMF Task PERMITTING + PLAN APPROVAL Development Services ISG will collaborate with permitting agencies and make necessary plan adjustments to meet review requirements and obtain agency approval. Task 5 Deliverables • MPCA NPDES Construction Stormwater Permit • Middle St. Croix WMO Permit • State Aid Plan Approval • Washington County Plan Approval • MnDOT Plan Review • Based on discussions with city and initial review of watershed requirements, this proposal does not include design or permitting for new stormwater treatment. If these services are required, a subsequent proposal will be provided OPINION OF PROBABLE COST Cost Estimating We will estimate the cost of construction based on previous bid data, current contractor rates, general knowledge of the city, local contractors, and site conditions. This includes estimates at the 60%, 90%, and 100% design plan levels to maintain budget expectations. Task 6 Deliverables • Electronic and hard copies of opinion of probable costs Page 8 Architecture + Engineering + Environmental + Planning I ISGlnc.com SCHEDULE ISG will facilitate proactive and frequent communication to ensure that the project stays on schedule, and that the City is informed every step of the way. Milestones Anticipated Contract Award June 4 Contact Private Utilities June 5 Project Kickoff Meeting June Field Survey + Existing Structure Evaluations June I I July 5 Community Engagement Online Survey #1 June 30July 31 Preliminary Design June 30—August 29 Community Engagement Pop -Up Lumberjack Days Event July 20 Progress Meeting With City Staff July 30 Community Engagement Online Survey #2 August 1-31 60% Plans Progress Meeting With City Staff August 29 Private Utilities Follow -Up August 30 City, County, and State Coordination Review Meetings September 9-13 Community Engagement Open House September 5 City Council Meeting Community Feedback Presentation October 90% Plans Progress Meeting With City Staff September 2—October 31 MnDOT Plan Submittal November I Revisions per MnDOT Comments November 18—December 6 City Council Meeting 100% Plans + Specifications Approval December 17 A•'00 ♦.I,� Qk. A - Page 9 Architecture + Engineering + Environmental + Planning I ISGlnc.com A COMPENSATION Task 1 Project Management Project Kickoff Meeting 4 4 $1,340 Design Review Meetings, Agency 4 20 4 4 $6,380 $7,720 Coordination, and Quality Management Task 2 Data Collection Topographic Survey + Existing 16 2 16 8 24 88 $27,350 Conditions Investigation $34,760 Traffic Data Collection 2 36 $7,410 Task 3 Community Engagement Open House + Pop -Up Events 8 40 8 $7,960 Interactive Site + Online Surveys 8 60 8 $10,760 $19,880 Council Meeting Presentation 4 2 1 $1,160 Task 4 Design Services Storm Sewer and Roadway 20 62 61 443 70 46 45 44 2 4 $136,285 Analysis + Design $147, 325 Specifications Preparation 2 6 6 40 2 2 12 $11,040 Task 5 Permitting + Plan Approval Development Services 10 5 44 10 $10,745 $10,745 Task 6 Opinion of Probable Cost Cost Estimating 3 6 32 6 $8,770 $8,770 Additional Services* Before + After Visualization Slider Included 360 Street View Included Before + After Drone Imagery Included 3D Manhole Scanning Included Total ISG Hours 29 146 78 575 112 62 69 88 106 44 2 49 Total Per Service Area $ 40 of Geotechnical Subconsultant Braun Intertec MEL *As an added benefit to the City of Stillwater, ISG has included the following additional services for no extra cost to the City. Project Website, Before + After Visualization Slider, 360 Street View, Before + After Drone Imagery, and 3D Manhole Scanning. "Not -to -exceed cost without authorization from the City. Compensation includes all supplies, materials, equipment, labor, and expenses to perform the work. Page 10 Architecture + Engineering + Environmental + Planning I ISGlnc.com APPENDICES: TEAM RESUMES Education Bachelor of Science in Civil Engineering University of Minnesota Jake Guzik, PE Civil Engineer Role; Project Management Jake has played a pivotal role in advancing municipal engineering initiatives across communities in Minnesota. He has dedicated over I I years to civil engineering, capital improvement planning, and routine infrastructure maintenance programs. Jake's expertise in downtown municipal state -aid reconstruction projects is underpinned by active License involvement in key professional associations such MN Registration as the American Public Works Association (APWA) #55422 and the City Engineer's Association of Minnesota. His blend of technical proficiency and interpersonal finesse position him as a valuable asset for the reconstruction of Myrtle Street. Jake's proven track record shows his capacity to ensure successful execution and delivery. Project Experience 72nd Road + Trail Improvements* State Aid Improvements* Stillwater, MN 2014, 2015, 2017, 2018, and 2023 North Shore Circle + Chisago City, MN Utility Street Improvements* Forest Lake, MN *Completed while at a previous firm City Engineer* Taylors Falls, Chisago City, and Franconia Township, MN Education Bachelor of Science in Urban Studies University of Minnesota Project Experience Parks Master Plan Community Engagement Savage, MN Parks Master Plan Community Engagement Saint Peter, MN Claire Roth Development Services Coordinator Role; Community Engagement Fueled by enthusiasm for fostering connections, Claire will orchestrate the Myrtle Street reconstruction community engagement and planning endeavors with finesse. Her forte lies in her knack for asking pertinent questions that spark dialogue and inspire collaboration. From the initial stages to the final execution, she will develop strategies to unite diverse voices and ensure inclusive participation. Drawing upon her comprehensive understanding of due diligence, Claire will collaborate seamlessly with Jake, navigating through permitting processes with precision to meet all regulatory standards while staying on track with project milestones. TLM Commercial Property Permitting Apple Valley, MN Carlson Property Permitting Savage, MN Page AI Architecture + Engineering + Environmental + Planning I ISGlnc.com Appendices: Team Resumes Education Bachelor of Science in Civil Engineering Iowa State University Corona Woychik, PE, PTOE Civil Engineer Role: Transportation Engineering Corona will leverage her background in street design, project management, and multi -modal traffic studies to provide street reconstruction designs for Myrtle Street. Gaining experience while employed with a Department of Transportation (DOT), she is also skilled in construction observation. Corona provides engineering services for License urban utility and streetscaping projects, alley MN Registration reconstructions, highway design and renovations, #59049 and concrete and bituminous pavement replacement projects. By conducting traffic analyses, assembling exhibits, and drafting reports, she provides valuable experience in preparing traffic impact studies. Project Experience Bridge Street Southwest Reconstruction Owatonna, MN Cedar Avenue Streetscaping Owatonna, MN 3rd Street Northwest Reconstruction State Center, IA 2nd Street Reconstruction La Crosse, WI Education Associate of Applied Science in Civil Engineering Technology Dakota County Technical College Project Experience Todd Kirk Designer Role: Transportation Design With over eight years of transportation design experience, Todd has the technical skills needed to collaborate with Corona on the Myrtle Street designs. He has designed for geometric roadways, multiple intersection types, including T-intersections, full intersections, stop controlled, light controlled, and roundabouts, and culverts for both stormwater and pedestrians. Todd understands and is knowledgeable of ADA standards and is well versed in the application of transportation best practices and standards. Bridge Street Southwest Reconstruction Owatonna, MN Park Drive Reconstruction Owatonna, MN Nrnamwood Reconstruction Burnsville, MN CSAH I Reconstruction TH3 to TH246 Rice County, MN Page A2 Architecture + Engineering + Environmental + Planning I ISGlnc.com Appendices: Team Resumes Ryan Booth Construction Administrator Role: ADA Ramp Design Support Bringing over a decade of surveying and construction administration experience, Ryan is poised to fully support this project. His track record Education of success includes managing diverse projects Associate of Applied spanning from mill and overlays to comprehensive Science in Land reconstruction efforts, as well as ensuring pedestrian Surveying accommodation designs meet compliance standards. Nicolet Area Technical College Ryan is familiar with the Minnesota standards for curb ramp design and the Public Right -of -Way Accessibility Guidelines (PROWAG). Having designed hundreds of curb ramps, with hundreds more being designed under his direct supervision, Ryan will ensure the Myrtle Street reconstruction designs are compliant and constructible Project Experience CSAH I Reconstruction Airport Road Reconstruction TH3 to TH246 La Crosse, WI Rice County, MN USH 2 Pewabic Street to CTH NN 2nd Street Reconstruction Florence, WI Lo Crosse, WI Education Master of Landscape Architecture Illinois Institute of Technology Bachelor of Environmental Design and Planning University of Minnesota License MN Registration #60537 Project Experience Brett Harris, PLA Landscape Architect Role: Landscape Architecture Brett has dedicated over eight years to revitalizing urban streetscapes through innovative designs and green infrastructure. With a keen eye for creative solutions that harmonize with the built environment, he is committed to transforming ordinary streets into vibrant, sustainable spaces. Brett's approach to street reconstruction projects is rooted in connecting people with nature. His expertise lies in his ability to seamlessly blend his artistic vision with a comprehensive understanding of natural resources specific to each project location. Street + Utility Improvements Winthrop, MN College Street Corridor Planning Northfield, MN Mason City Bike Park Mason City, IA The Meadows Plymouth, MN Page A3 Architecture + Engineering + Environmental + Planning I ISGlnc.com Appendices: Team Resumes Education Bachelor of Science in Political Science Gustavus Adolphus College Surveying and Civil Engineering Technology Courses Dunwoody College of Technology License MN Registration #45817 Project Experience Park Drive Reconstruction Owatonna, MN Mark Schwanz, PLS Land Surveyor Role: Survey Mark has been responsible for hundreds of surveys, including boundary surveys, ALTA ACSM Land Title Surveys, preliminary surveys for infrastructure improvements, photo control, construction staking, and site layout. He works closely with drone pilots and GIS project managers to lead site surveying efforts through the implementation of innovative technologies. Mark's topographic survey work identifies man-made and natural features that may impact projects. This includes elevations of road crossings, tile inlets/outlets, and bridges, as well as natural features including rivers, streams, lakes, creeks and wetlands. Bridge Street Southwest Reconstruction Owatonna, MN Birnamwood Reconstruction Viola Lane Watermain Extension Burnsville, MN Goodhue, MN Education Bachelor of Science in Civil Engineering, Iowa State University License Becky Guenther, PE Civil Engineer Role: Water Resources Becky works with teams and client to provide customized water and drainage designs, modeling, and report preparation for municipalities. She applies her hydrologic and hydraulic modeling expertise to examine design alternatives to meet regulatory requirements and suit the unique needs of each project. MN Registration Becky brings a wealth of experience in drainage #58680 design, hydrologic and hydraulic modeling, erosion and sediment control design, Stormwater Pollution Prevention Plan (SWPPP) preparation, permitting, and development of final construction plans. Project Experience Cedar Avenue Streetscaping Owatonna, MN Birnamwood Reconstruction Burnsville, MN Park Drive Reconstruction Owatonna, MN St. Olaf College Drive Reconstruction Northfield, MN Page A4 Architecture + Engineering + Environmental + Planning I ISGlnc.com Appendices: Team Resumes Education Bachelor of Science in Civil Engineering University of Wisconsin -Platteville Project Experience Park Drive Reconstruction Owatonna, MN Joel Goodenough Senior Project Manager Role: Construction Administration Joel brings abundant transportation project construction administration knowledge. With additional experience as a civil engineer, his unique background will allow him to support multiple facets of this project. Joel possesses an acute understanding of the unique challenges and opportunities inherent in street reconstruction projects and has been involved in numerous pavement replacement, pavement rehabilitation and street reconstruction projects. His skill set includes project management, budget allocation, regulatory standard adherence, and quality assurance protocol implementation. 3rd Street Northwest Reconstruction State Center, IA 6th Street Reconstruction 2nd Street Reconstruction La Crosse, WI Lo Crosse, WI Education Bachelor of Science in Civil Engineering Minnesota State University, Mankato License MN Registration #55390 Project Experience Jason Burns, PE Structural Engineering Group Leader Role: Structural Engineering As a group leader with more than 15 years of structural engineering experience, Jason is committed to providing quality project deliverables. He motivates others to seek constructable and practical solutions that will actively exceed client goals. Jason's extensive experience includes, existing infrastructure inspection and analysis, budget management, document development with adherence to specifications, and quality assurance procedure development and enforcement. Cedar Avenue Streetscaping Owatonna, MN Foss Anderson Soldiers + Sailors Retaining Wall Pierre, SD Golf Course Retaining Wall Improvements Brandon, SD MN MASH Baseball Complex Savage, MN Page A5 Architecture + Engineering + Environmental + Planning I ISGlnc.com APPENDICES: PROTECT DESCRIPTIONS Cedar Avenue Streetscape Improvements Owatonna, MN To increase tourism, accessibility, and revitalization to Owatonna's historic downtown, the City partnered with ISG to plan and design a three -block streetscaping improvement project. The designs were guided by a contextual study of the surrounding environment and the preparation of an Intersection Control Evaluation (ICE) report to fully understand site challenges and develop transportation designs that aligned with City and downtown district goals. ISG worked closely with City staff and businesses owners to gather input and communicate project progress. Improvements included the reconstruction of a downtown main street and modified intersection geometry to increase pedestrian connectivity and safety, The centerline of the roadway was shifted to allow parallel parking along both sides and provide additional sidewalk space within the typical sections. Three at -grade mid -block crossings were incorporated in line with alleyways to produce traffic calming. Highlights • Community engagement and communication • Three -block corridor with streetscape improvements • Intersection geometry modification to increase pedestrian safety • Traffic calming Construction Costs • $4.2 Million Reference Greg Kruschke Community Development Manager City of Owatonna 507.774.7317 Greg.Kruschke@ci.owatonna.mn.us �❑' rp;k�U North Cedar Avenue `,•: Streetscape Project bit.ly/NorthCedarAve R Page A6 Architecture + Engineering + Environmental + Planning I ISGlnc.com Appendices: Project Descriptions �\\ ."v 1 F o, \\✓',/ ELM SET; w\ � �, \ RAOC,OON SiREE1 4th Street Reconstruction Des Moines, IA The reconstruction of three city blocks along 4th Street is part of the City's commitment to the redevelopment of Market District. ISG provided streetscape design in alignment with the planned aesthetic of the District and significant utility relocation. Green infrastructure was incorporated into the street reconstruction plans to address stormwater quantity and quality as the area has historically been industrial in nature. Best management practices included bioretention cells, permeable pavers in the parking area, and Silva Cell modular suspended pavement systems to support tree growth. In addition to the street and utility design, ISG designed a protected bike path along 4th Street to create a pedestrian -friendly experience. Construction is slated to begin in May 2023. IF Highlights • Street reconstruction design aligned with mixed -use neighborhood development aesthetic and goals • Best management practices for stormwater management • Permeable pavers + bioretention cells • Native plantings to filter stormwater flowing into the City's drainage system Construction Costs • $6 Million Reference Matt Radermacher City Engineer City of Des Moines 515.283.4076 mkradermacher@dmgov.org Page A7 Architecture + Engineering + Environmental + Planning I ISGlnc.com Appendices: Project Descriptions 1 a, 2nd Street Reconstruction Des Moines, IA Seeking a qualified partner to assist with reconstructing 2nd Street, the City of Des Moines chose ISG to provide roadway design, permitting, cost opinions, project management, and bidding services. The project entailed of the full reconstruction of 2nd Street from Court Avenue to Vine Street, stretching across three railroad crossings. The design process included curb -to -curb design, roadway geomet6cs, staging, photometrics, electrical utilities for lighting, and overall utility coordination. Easement plats, traffic signal, and structural design for light poles were also provided by ISG to meet the requirements of this complex reconstruction project. Stormwater management efforts included full storm sewer design and replacement under the street. Plantings filter stormwater, creating efficiencies within the City's stormwater management process. Highlights • Downtown street planning, design, and reconstruction • Weekly coordination with the Police Department to support emergency access • Multi -modal and ADA-compliant designs • Increased pedestrian safety Construction Costs • $700,000 Reference Matt Radermacher City Engineer City of Des Moines 515.283.4076 mkradermacher@dmgov.org Page A8 Architecture + Engineering + Environmental + Planning I ISGlnc.com Appendices: Project Descriptions a i 2nd Street Reconstruction La Crosse, WI Due to its proximity to the downtown district, Riverside Park, and the La Crosse Center, 2nd Street serves thousands of vehicles per day and is used extensively by pedestrians and bicyclists. ISG led there construction efforts to improve connectivity and safety of this key corridor with services ranging from utility and field surveys to construction administration. Project improvements included pavement upgrades, colored crosswalks, green bicycle facility pavement markings, traffic signal improvements, and brick paver terraces. To increase pedestrian safety, raised intersections were implemented, along with traffic -calming measures like bump -outs. A two-way cycle track and bicycle faces at the signalized intersection were integrated into designs to connect the street to local trails. This roadway revitalization effort improves infrastructure and enhances the quality of life for La Crosse residents by fostering safer, more accessible, and vibrant urban spaces. Highlights • Replacement and upgrade failing pavement • Bicycle lanes and signals • Intersection safety improvements • Traffic signal upgrade, bumpouts, and raised pavement • ADA-compliant curb ramps Construction Costs • $3.3 Million Reference Matt Gallager, PE City Engineer City of LaCrosse 608.789.7505 gal lagerm@cityoflacrosse.org Page A9 Architecture + Engineering + Environmental + Planning I ISGlnc.com Appendices: Project Descriptions Bridge Street Reconstruction Owatonna, MN This 0.46-mile reconstruction project included a feasibility study, intersection control evaluation, hydraulic analysis, water main design, and storm sewer and culvert design. ISG managed geometric and lighting design, utility coordination, and specification preparation. ISG also coordinated a successful right-of-way purchase that included price negotiations, legal description preparations, and right-of-way acquisition documents for private business access and removals. A fly -through video conveyed the revised lane configurations and roundabout. Highlights • Traffic signal installation • Revised lane configurations and roundabout design • Right-of-way acquisition, negotiations, and purchase • Public input and communication Construction Costs • $3.1 Million Reference Greg Kruschke Community Development Manager City of Owatonna 507.774.7317 Greg.Kruschke@ci.owatonna.mn.us Page A10 Architecture + Engineering + Environmental + Planning I ISGlnc.com i water THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Acceptance of Work and Final Payment Neal Avenue Improvement Project (Project 2019-08) BACKGROUND The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payments the one-year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Miller Excavating Inc. in the amount of $29,600.98. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion adopting a Resolution ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR NEAL AVENUE IMPROVEMENT PROJECT (PROJECT 2019-08). City of Stillwater Washington County, Minnesota RESOLUTION 2024- ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR NEAL AVENUE IMPROVEMENT PROJECT (PROJECT 2019-08) WHEREAS, pursuant to a written contract signed between the City and Miller Excavating Inc. for work on Neal Avenue improvements and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $29,600.98 on such contract, taking Miller Excavating Inc. receipt in full. Adopted by the Council, this 4t" day of June 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor i water THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Gambling Off -Site Permit for Bayport American Legion BACKGROUND The City has received a Lawful Gambling Application from Bayport American Legion to conduct off -site gambling at Lowell Park, 201 Water St N during Lumberjack Days. The activity requested is pull -tabs and bingo to be held on July 20-21, 2024. RECOMMENDATION Bayport American Legion has submitted the required documentation demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore, staff recommends approving Bayport American Legion to conduct off -site gambling at Lowell Park on July 20-21, 2024. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING BAYPORT AMERICAN LEGION APPLICATION TO CONDUCT OFF -SITE GAMBLING AT LOWELL PARK. City of Stillwater Washington County, Minnesota RESOLUTION 2024- APPROVING BAYPORT AMERICAN LEGION APPLICATION TO CONDUCT OFF -SITE GAMBLING AT LOWELL PARK WHEREAS, the Bayport American Legion submitted an application to the City of Stillwater requesting City approval to conduct Off -Site Gambling at Lowell Park, 201 Water St N, Stillwater, MN 55082; and WHEREAS, Minnesota Statutes 349.165 Subd. 5 Off -site permits states: (a) A licensed organization may conduct lawful gambling on a premises other than the organization's permitted premises if it has first submitted to the board an application and a lease on forms provided by the board, obtained authorization required under section 349.213, and received a permit from the board for each event up to 12 events in a calendar year, not to exceed three days per event; and WHEREAS, the dates for the off -site gambling will take place on July 20-21, 2024" and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves Bayport American Legion to conduct Off -Site Gambling at Lowell Park, 201 Water St N on July 20-21, 2024. Adopted by the Stillwater City Council this 4th day of June, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Aareement for Pond Circle Manhole Pro DISCUSSION Staff is looking to install a sanitary manhole on a dead-end line on Pond Circle. The manhole is needed for ease of future inspection and maintenance. Staff received three quotes with Capra's Utilities Inc. submitting a low quote of $14,635.00. Funds for this project would come from the Sanitary Sewer operating budget. RECOMMENDATION Staff recommends entering into an agreement with Capra's Utilities for the Pond Circle Sanitary Manhole Project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT CAPRA'S UTILITIES FOR THE POND CIRCLE SANITARY MANHOLE PROJECT. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 21th day of May, 2024, by and between the City of Stillwater, 216 41h Street North, Stillwater, Minnesota 55082, ("City") and Capra's Utilities Inc., 2340 Leibel St., White Bear Lake, MN 55110 ("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; Pond Circle Sanitary Manhole NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 4/24/24, 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. TERM. This Agreement expires on 7/21/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY' S REPRESENTATIVE. The City has designated John Jurek 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 Mike Capra to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Capra's Utilities Inc. 216 4th Street North 2340 Leibel St. Stillwater, MN 55082 White Bear Lake, MN 55110 Attention: John Jurek Attention: Mike Capra Or e-mailed: jjurek@stillwatermn.gov Or emailed: mike&capras.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk U CONTRACTOR CAPRA'S UTILITIES INC. By: By (Please Print): Title (Please Print): Project Description: Pond Circle Sanitary Manhole ,4,iliWter . Pond Circle Sanitary Manhole City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-430-8830 Engineering Department 651-430-4112 Fax Item # Item Unit Quantity Unit Price Total 1 Mobilization/Demobilization LS 1 500.00 500.00 2 Furnish and Install Manhole over existing 8" PVC sanitary sewer EA. 1 11.975 11.975 3 Connect 4" sanitary service to manhole LS 1 600.00 600.00 4 Furnish and Install Castings Neenah R-1733 casting w/ sealed lid or approved equal EA. 1 900.00 900.00 5 Topsoil and sod Disturbed areas LS 44 15.00 660.00 Contractors Anticipated Start Date Notes May 20th, 2024 IC 134 must be submitted prior to final payment Bids due to the City of Stillwater 4/30/2024 at 2:00 PM All bids must be submitted on the City's proposal form and be a complete proposal. Bids may be submitted by mail, email, fax or in person to City Hall at above address Attn: John Jurek Questions contact JOhnJurek at 651-430-8832 orjjurek@stillwatermn.gov Bids should be labeled Pond Circle Sanitary Sewer Manhole The City reserves the right to add or subtract quantities. Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date. Elevations and casting types are labeled on plans Date: 04/24/2024 Print Name Mike Capra, Signature:/f Title: President Total $14,635.00 Company Name: Capra's Utilities Inc Address: 2340 Leibel St White Bear Lake, MN 55110 Phone: 651-762-2500 i water THE BIRTHPLACE OF MINNESOTA DATE: May 2911, 2024 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Provicta PCC Early Detection Testing Memo BACKGROUND The Police Department's Officer Wellness Committee has been doing research on the many ways we can assist officers in this very stressful profession from hire to retirement. One area of focus that has become clear is that heart -related issues have become an increased threat to those who serve in law enforcement. We have identified a company, Provicta that has the ability to provide a simple blood test that is an early detection for those that might be at significant risk for heart related issues. It has been mentioned that the stress of the profession can lead to the progression of some of these issues. We would like to make this testing voluntarily available to officers. The goal is for those at risk to then have the ability on their own to follow recommendations and interventions to increase their life span, thus limiting the exposure of the organization for an on the job -related medical issue and ultimately providing for all officers to mitigate one of the biggest threats to an officer. After review, it was determined that $21,000 is needed to provide the testing for officers that wish to participate. Chief Mueller has worked with City Administrator Kohlmann to identify Public Safety Aid funding to assist with this purchase. RECOMMENDATION Staff recommends approval of Public Safety Aid monies in the amount of $21,000 for purchase of this equipment ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the purchase. 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Mick Greiner Facilities Manager SUBJECT: Public Works Generator Installation Project BACKGROUND The Stillwater Public Works building is in need of a backup generator to power the building in case of a loss of power or catastrophic event. There is currently a generator on site but it needs to be "hardwired" into the facility so they will have instant power. Four (4) quotes were obtained to complete the necessary work to install the necessary infrastructure between the facility and existing generator. O'Neill Electric Inc. offered a bid of $37,225.00 to complete such work. Funding for this project will be paid out of the Streets Capital Outlay budget. RECOMMENDATION It is recommended that Council approves the contract with O'Neill Electric Inc. to complete the necessary work to provide the necessary back-up power to the Public Works facility. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING CONTRACT WITH O'NEILL ELECTRIC INC. TO COMPLETE THE INSTALLATION OF THE EXISTING GENERATOR AT THE PUBLIC WORKS FACILITY. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 4th day of June, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and O'Neill Electric Inc., 6143 N. Osgood Ave., 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; Public Works Generator Install NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 4/11/24, 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. TERM. This Agreement expires on 6/4/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY' S REPRESENTATIVE. The City has designated 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 Tim O'Neill to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater O'Neill Electric Inc. 216 4th Street North 6143 N. Osgood Ave. Stillwater, MN 55082 Stillwater, MN 55082 Attention: Mick Greiner Attention: Tim O'Neill Or e-mailed: mgreiner@stillwatermn.gov Or emailed: tim(a),oneillelectric.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk U CONTRACTOR O'NEILL ELECTRIC INC. By: By (Please Print): Title (Please Print): Project Description: Public Works Generator Install UNEILL ELECTRIC INC. Ph:651-342-0906 1 tim@oneillelectricmn.com O'Neill Electric - MN: EA706170 I O'Neill Electric - WI: 1419984 Customer: City of Stillwater Address: 216 4th St N Stillwater, MN 55082 Contact: Mick Greiner Phone: 651-219-0669 Email: MGreiner@CI.Stillwater.MN.US Gen Install ESTIMATE - CONFIDENTIA1 04/11/2024 S I D #: 2404077 Prepared By: Tim O'Neill Job Name: Stillwater 20OKW Generator Jobsite Address: 3325 Boutwell Rd N MIN 55082 • Provide and install one one 400 Amp 3-Phase disconnect mounted on the outside of the building. • Provide and install one new parrel 2" whip from the disconnect to generator. • Provide and install parallel 3/0 thhn conductors from the disconnect to the generator. • Provide and install parallel 3/0 THHN conductors from the disconnect to transfer switch. • Provide and install one 120v circuit to the generator. • Provide and install two 3/4" conduits from the transfer switch to the generator for control wiring. Relocate Circuits. • Provide labor and material to move the north gate circuit from back by the main panels now backed up by the generator. • Provide labor and material to relocate the gas pumps circuit. • Provide labor and material to relocate the south gate circuit to the generator back up area. TOTAL $37,225.00 IMPORTANT! Please review the attached quote carefully. Any work items not specifically outlined in the above quote will be treated as an addition or change and will be billed as such. This quote is valid for (7) days from the date that the quote was sent via email. O'Neill Electric Inc. reserves the right to either decline OR re -quote the project after these (7) days. Due to extremely volatile circumstances in market pricing, we request that you acknowledge, sign, and send back this quote within the above time frame. Thank You. The information contained in this proposal, including without limitation any pricing, technical information, designs, specifications, or other information that is not generally known to the public, is confidential and proprietary to O'Neill Electric Inc. This information is being provided solely to evaluate O'Neill Electric Inc.'s proposal and should not be disclosed to any third party without the prior written consent of O'Neill Electric Inc.. Any unauthorized use, dissemination, or copying of this information is strictly prohibited. MARKET PRICING CLAUSE: O'Neill Electric Inc.'s pricing is based on today's market commodity prices. Due to the COVID-19 pandemic and the volatility of the current market, we cannot hold the pricing of materials for longer than (7) days. Fluctuations in material prices may produce a change order for any project. It is also unknown what the availability of materials will be and what this impact will be going forward. While O'Neill Electric Inc. and its subcontractors will make every reasonable effort to provide delivery of materials to meet the current schedule of this project, it is expected that there may be delays in the shipments of materials which could affect the completion date of this project. powered by 0, - ESTIMATE - CONFIDENTIAL (f)NEILL 04/11 /2024 ELECTRIC INC. SID#:2404077 ACCEPTANCE OF CONTRACT: The above price, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as listed above. Any work items not specifically outlined in the above -quoted work will be treated as an addition or change and will be billed as such. O'Neill Electric Inc. accepts Check, Credit Card (3%fee), and Cash for payment. Thank you for the opportunity to provide you with an ESTIMATE - CONFIDENTIAL for the above scope of work. If you have any questions or comments, please call me at 651-342-0906 or email me at tim@oneillelectricmn.com. This ESTIMATE - CONFIDENTIAL expires on 04/26/2024 Tim O'Neill, O'Neill Electric Inc. Please remit to: O'Neill Electric Inc. 6143 N. Osgood Avenue Stillwater, MN 55082 Email: tim@oneillelectricmn.com Please sign (Shows Approval) Date Please print Above Name powered by 01 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Rob Rice, IT Manager SUBJECT: Sinch Cloud -based phone system DISCUSSION The City's existing phone system is seven years old and is due for replacement. The IT Department has budgeted $25,000 this year with the intention of replacing the phone system. Additionally, the existing infrastructure used to make out -bound calls (Primary rate interface, or PRI) is scheduled to be decommissioned on July 1, 2024. The IT Department reviewed cloud -based phone systems for the City's phone system replacement. Cloud -based phone systems were chosen to align with the City's strategic goals of providing efficient, reliable, and easy to manage IT services throughout the organization. Three vendors were evaluated as potential candidates—Loffler, Sinch, and Zoom. We elected these vendors for the following reasons: The City currently uses Loffer for IT Services and has had a favorable relationship with the company. Sinch is providing our existing PRI connection and provides the City its phone numbers. The IT Department currently uses Zoom services for its on -call after-hours number. The IT Department evaluated each of the vendors and its respective phone solution for features and reliability, support offered, ease of implementation, and cost. Features and Reliability Each of the phone systems offered comparable feature sets and functionality. No one solution stood out in this respect, but Loffer did have the most attractive interface. From a reliability perspective, Sinch is more attractive because it is a "Tier 1" provider phone services, where Loffler and Zoom are considered Tier 2 and Tier 3 providers, respectively. Tier 1 providers are the foundational backbone telecom infrastructure, while Tier 2 and Tier 3 providers are more localized, relying on the infrastructure of higher -tier providers to deliver their services. 2. Support offered The IT Department is looking for a phone system that it could do basic administration on, but also contact support for any type of request due to time constraints and workloads. Zoom does not offer the desired white -glove support. Loffler offers support, but at an additional charge depending on the nature of the request. Sinch provides full support and is built into a monthly reoccurring cost. 3. Ease of implementation Because of the July 1 time constraint to move to a new phone system, ease of implementation is an important factor to consider. Zoom stated that they had scheduling conflicts for their white -glove implementation service and recommended that the IT Department build out the phone system to overcome the time constraints. This disqualified Zoom from consideration. Loffler manages our existing on -premise phone system and would provide a fairly seamless transition to their cloud phone system. The one potential obstacle would be transferring our existing phone numbers from Sinch, over to Loffler in time. Sinch currently carries our existing phone numbers and is providing the PRI. If Sinch is selected, they can extend the PRI decommission deadline and allow for a less -rushed implementation. Sinch is the most attractive option in this case. 4. Cost Quotes were provided by each of the vendors. Below are the basic figures provided by Loffler and Sinch, as they are the top two vendors up for consideration. Loffler Sinch Upfront Onboarding $15,764.58 $20,399 Monthly Recurring $4,484.26 $1,897 Total Cost over 36 months $177,197.94 $88,691 There is a significant, $88,507 cost difference between Loffler and Sinch. One significant Sinch can offer much more competitive pricing is because they are a Teir1 provider and do not need to pay another Teir for services, like Loffler does. RECOMMENDATION Through research and due diligence, the IT Manager strongly recommends the City moves forward with Sinch as its cloud -based phone system provider for the following reasons: Sinch offers a full -featured phone system with proven reliability as a Tier 1 provider. The white -glove support offered by Sinch will allow the City's IT staff to focus on other items and not be bogged down by the phone system. Sinch will relieve the City of its time constraint and ensure a smooth implementation that does not disrupt productivity. Sinch offers this valuable package at an affordable price. The IT Manager recommends that the City enter a 60 month agreement with Sinch for an upfront price of $20,399 and a recurring monthly price of $1,713. A 60 month term is preferable because it is a very competitive rate and the IT Department does not anticipate needing to switch phone systems before give years. ACTION REQUESTED If council agrees with staff recommendation, Council should pass a motion to approve City Administrator Kohlmann to enter into a 60 month agreement with Sinch for a phone system, contingent upon City Attorney Land's approval of the agreements terms and conditions. r 0 1 11water a',- THEBIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: Summer Tuesdays Event Base Fee Waiver and Contract BACKGROUND Summer Tuesdays, Inc. has submitted an event application for their 2024 special event permit As with previous years, the reoccurring community event would occur on Tuesday evenings in July to August. Six Tuesday nights are planned between July 9, 2024, through August 13, 2024. This free community event features live music, food and merchandise vendors and a movie in the park. Their event activities include doing the movie in the amphitheater, only using parking lot 5 (the smaller lot) for food vendors and the retail vendors will be in the park. They would need to provide their own barricades, portable restrooms and trash service. There is a plan B for high water. They would use the patio area west of the Amphitheater for the band and movie screen The Water Street Inn's parking lot and city parking lots 5 for the vendors. Below are the fees the event organizers would be charged based on the current 2024 Fee Schedule. The event organizers are requesting that the City Council to waive the Base fees for their event which would equal a total of $3,000. $1000.00 Security deposit On File $100.00 Application fee (Paid) $300 for 1-10 Food Vendors ($50 x 6 days) $1200 for Parking Lot # 5 ($200 x 6 days) $3,000.00 for the Base Fee ($500 x 6 days) (Waiver request) Total Remaining Due = $4,500.00 Amount Due if Base Fee waived = $1,500.00 ACTION REQUIRED: If Council wishes to approve this event Base Fee waiver and contract, they should pass a motion approving the 2024 Summer Tuesdays' Event Contract including an exception to the 10 PM noise ordinance. Also, if the City Council decides to waive the base fees, they should make a motion to approve waiving those fees. 2024 SUMMER TUESDAYS EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 4 day of June, 2024 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the SUMMER TUESDAYS, INC., a Minnesota nonprofit corporation (the "Organizer"). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit Summer Tuesdays Inc. to organize and conduct to celebrate summer with a Market, Music and a Movie at Lowell Park, in July and August 2024 in order to foster and promote tourism within the City of Stillwater 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; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Festival agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City's park. 2. Event/Alcohol. No alcohol will be served during this event. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor. 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. Dates and Hours of Event. Operations are limited as follows: July 9, 16, 23, 30 and August 6, 13 (6 dates) Setup Time: 1:00 p.m. to 5:00 p.m. Event Time: 5:00 p.m. to 11:00 p.m. Clean Up Time: 10:30 p.m. to 11:30 p.m. 6. Police Power. The City reserves the right to order a shutdown of the area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The organizer is aware and will inform all vendors and event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. Use of City Parking Lots in the event of flooding. The City prefers the Association to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lot for use would be Lot 4. These lots will be available to the Association exclusively on the Tuesday events. 8. 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. 9. Park Property. Lessee shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Parks Superintendent. The Organizer shall be required to get barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Parks Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot #5 entrance on Myrtle Street. 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. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. 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. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Wednesday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Wednesday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. 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. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 13. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 14. 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. 15. The Organizer hereby agrees to follow the City's Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk SUMMER TUESDAY'S INC. Cory Buettner, President 5/29/2024 Dear Mayor and City Councilmembers, We respectfully request that the City of Stillwater waive the base event fees (6 @ $500) for the 2024 Summer Tuesdays event series, like you did in 2022 & 2023. In exchange we would list the City as a sponsor. For the past few years the Police have been a part of our vendor market and we would welcome that again. The Tuesday evening event includes a market, live music and a movie on the waterfront starting July 9th. All are welcome, but our audiences are largely made up of Stillwater families. It’s going to be great to see our neighbors and friends again. We produce this event for the enjoyment and good of our community. Our organization, Summer Tuesday, Inc, is a nonprofit that supports other local nonprofits and we do so with proceeds from our events. Reducing costs allows us to run our events in a way that ensures we can continue the following year and stick to our mission/motto. The motto of STI is “Here for Good”; it has two meanings. The events are “here for good” with plans to keep the events running year after year. STI is “here for good” by partnering with a variety of nonprofits in Stillwater. We share a portion of our profits from our events with them. We have donated to Valley Outreach Food shelf, Valley Friendship Club, United Way of Stillwater, Stillwater Kiwanis, Stillwater Baseball, Stillwater Lions, Salem Lutheran, Watermark Church, Youth Advantage, Community Thread, Zephyr Theater and more. Summer Tuesdays plans on entertaining Stillwater families on the waterfront for the 22nd year and with your support we can confidently continue that tradition. Thank you for considering our request. Sincerely, Cassie McLemore Event Coordinator Summer Tuesday, Inc i water THE BIRTHPLACE OF MINNESOTA DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Individual Massage Therapist License BACKGROUND Applications for a new Massage Therapy License as well as a license renewal have been received from the individuals listed on the attached resolution. The license term runs from April 1 to March 31 every year. Final application materials have been collected for all the applications and background checks have been conducted. RECOMMENDATION Staff recommends approval of the businesses and individual massage therapists listed in the attached resolution. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to adopt RESOLUTION APPROVING ISSUANCE OF INDIVIDUAL MASSAGE THERAPIST LICENSE FOR 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2024- APPROVING ISSUANCE OF INDIVIDUAL MASSAGE THERAPIST LICENSE FOR 2024 WHEREAS, a request from the following message therapist has been received for the issuance of an Individual Massage Therapist License; and WHEREAS, all required documentation has been received and background checks have been completed. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves issuance of Individual Massage Therapist License to the individuals listed below with their respective licenses. Business Location Massage Therapist(s) Just for Me Spa 110 S. Greeley St Shannon Case Dakota Schwantes Adopted by the Stillwater City Council this 4th day of June, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: June 4, 2024 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Case No. CD 2024-004: Washington County Emergency Housing Services Building — Ordinance/Zoning Map Amendment First Reading DISCUSSION The purpose of this case is to consider approval of the First Reading of the Ordinance to amend the Official Zoning Map. No other actions on this project will be considered at this meeting and this action is not final approval of the project. The City has received multiple applications to facilitate the approval of the Washington County Emergency Housing Services Building. The proposal is for a 30 Unit Medium Density Residential Building. Zoning Approvals necessary to facilitate this project include the following. • Ordinance - Zoning Map Amendment & Lot Line Adjustment (for one small 'infill' parcel) o This is the subject of this Staff Report/Requested Action o Second Reading is Scheduled for June 18tn • Resolution - Conditional Use Permit (for the overall use) o June 18th • Resolution - Planned Unit Development Amendment (to amend the overall master plan for the Washington County Government Center Campus) o June 18tn • Resolution - Site Plan Review (for compliance with Zoning Code Massing Standards) o June 18tn For more information on the project, Washington County has set up a webpage at https://co.washington.mn.us/EHSB. Zoning District The Washington County Government Center is located in the PA: Public Administrative Offices District. `Residences of all classes' are allowed as a Conditional Use in this District. The proposed use does not appear to fall into any other use category in the Zoning Code with more stringent standards. Residential uses in the PA: Public Administrative Offices District are subject to the standards of the RCM: Medium Density Multiple -Family Residential District. The proposal appears to meet all the minimum standards of the RCM: Medium Density Multiple -Family Residential District. The request includes a Zoning Map Amendment. This is a minor amendment to apply the same district to a 0.3 acre portion of the campus that does not apply a Zoning District on the Official Zoning map when this 0.3 acre parcel was annexed into the City in 2019. This is the same parcel that is subject to the Lot Consolidation Request. 62. Street No RECOMMENDATION L - o z u - Aim -.0. r.iA"L Parcel in e' F Oak Park Heights .t IV • -�' T L- Z— - Fv; s Area of-1-- _— Zoning Map Amendment s -------- The Planning Commission recommends approval of the request. ACTION REQUESTED Motion to approve the First Reading of the Ordinance amending the Official Zoning Map for Washington County Emergency Housing Services Building (EHSB). City of Stillwater Washington County, Minnesota AN ORDINANCE AMENDING OFFICIAL ZONING MAP OF THE CITY OF STILLWATER TO INCLUDE 15055 60TH ST N IN THE PA: PUBLIC ADMINISTRATIVE OFFICES DISTRICT CASE NO. CD 2024-004 The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. The zoning of the following property, depicted on Exhibit A, attached hereto, is hereby rezoned from a no district designation to be rezoned as PA: Public Administrative Offices District: Property located at 15055 60th St North (PID# 3403020330106), legally described in Exhibit A attached hereto. 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 18th day of June 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A Legal Description To be included with Second Reading. EXHIBIT A Depiction of Zoning Map Amendment Und Str of North DATE:June 4, 2024 TO:Honorable Mayor and City Councilmembers FROM:Angela Ross, Community Development Admin. Assistant SUBJECT: Consent Agenda Item: Short-Term Home Rental License Amendment BACKGROUND According to Section 41-8, short-term home rental license applications that include changes to the initial application must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short-term home rental application for amendment and have deemed the changes to be acceptable for approval by the City Council. Said changes include an increase to the number of allowable guests to increase by one; from six to seven. Property is currently licensed for three bedrooms and six guests. Property can be licensed to allow number of guests at two times number of bedrooms plus one, which this amended application meets these criteria. RECOMMENDATION Approval of the following Short-Term Home Rental License Applications: License Type Address Owner/Applica nt Occupancy Type License Location Number of Licenses Short-term home rental 1133 Nightingale Blvd Bryan & Joni Heller Owner Occupied Outside of Downtown Area n/a ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license application amendment. Washington County 2. 3. 9:00 Roll Call Pledge of Allegiance FYI BOARD AGENDA June 4, 2024 - 9:00 AM 9:00 Comments from the Public Board of Commissioners Fran Mixon, District 1 Chair, Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the May 14, 2024, and May 21, 2024, County Board meeting minutes. B. Approval to appoint Commissioner Karla Bigham as the 2024 Voting Delegate for Washington County during the NACo Annual Conference occurring July 12-16, 2024, in Tampa, Florida. C. Approve a comment letter on the creation of Tax Increment Financing (TIF) District No. 3 (renewal and renovation district) - Red Rock Village in the City of Newport. D. Adopt a resolution to approve an application from the Bayport American Legion Post 491 to conduct off -site gambling, pull tab activities, during the Stillwater Chamber of Commerce Food Truck Extravaganza event being held on June 15, 2024, at the Washington County Fairgrounds, located at 12300 N 40th Street, Stillwater, Minnesota in Baytown Township. E. Approve Emergency Preparedness and Response Grant Agreement No. 16475 with the Minnesota Department of Health in the amount of $208,175 for the period of July 1, 2024, through June 30, 2029. F. Approve Purchase Order No. 27154 with KONE Inc for preventative maintenance and service on all twenty-six Washington County elevators. G. Approve Amendment to Contract No. 13273 with Kimley-Horn and Associates, Inc. in the amount of $266,594 to provide additional design services for the County State Aid Highway (CSAH) 5 (Stonebridge Trail) Phase 3 Improvement Project (RB-2639). H. Approve Mutual Aid Joint Powers Agreement No. 16454 between the State of Minnesota, acting through its Commissioner of Corrections, and Washington 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 Washington County 4. 9:10 Library - Jacquie Kramer, Director (item A) - Robert Trousdale, Law Librarian (item B) A. Adopt a resolution to proclaim June 1 through August 17 as Summer at Your Library. B. Adopt a resolution to approve the $3 fee increase set by the Law Library Board of Trustees, from $12 to $15. 5. 9:30 Public Works - Erin Clarkowski, Engineer II (items A, B, C) - Madeline Dahlheimer, Senior Planner (item D) A. 1. Approve Contract No. 16483 in the amount of $2,138,495.10 with Valley Paving, Inc. for the CSAH 13 (50th St N) Pavement Preservation Project. 2. Adopt a Resolution to approve a Limited Use Permit with the Minnesota Department of Transportation (MnDOT) to allow the CSAH 13 trail to be resurfaced and operated in MnDOT right-of-way. 3. Approve Cooperative Maintenance Agreement No. 16484 between the City of Oakdale and Washington County for maintenance responsibilities of the trail along CSAH 13. B. Approve Consultant Contract No. 16459 with TKDA in the amount of $297,700 to provide preliminary and final design services for the CSAH 13 (Inwood Avenue North) Pavement Preservation Project. C. Reject all bids opened on May 21, 2024 for the CSAH 2 Rehabilitation Project. D. 1. Approve Contract No. 16447 with Alliant Engineering, Inc. for an amount not to exceed $396,140 for consulting services to complete the Highway 96 Corridor Study. 2. Approve Cooperative Agreement No. 16429 with Ramsey County for a $50,000 lump sum contribution for the Highway 96 Corridor Study. 10:15 General Administration - Kevin Corbid, County Administrator 10:25 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. 10:40 Board Correspondence Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 9. 10:45 Executive (Closed) Session - Public Works A. Executive closed session pursuant to Minn. Stat. § 13D.05 subd. 3(c) to review the appraisal for phase II of the Kelley Land and Cattle property located at PIDs 17.031.20.22.0002, 17.031.20.21.0001, 17.031.20.12.0001, 17.031.20.11.0001, 17.031.20.23.0002, 17.031.20.24.0001 and 17.031.20.13.0001 as it pertains to the purchase for inclusion into Big Marine Park Reserve. 10. 11:00 Adjourn 11. 11:05 Board Workshop with Property Records and Taxpayer Services A. Review assessment year 2024 local appeals and adjustments in preparation for the County Board of Appeal and Equalization meeting. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer