HomeMy WebLinkAbout2024-07-02 CC Agenda PacketlJwr
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
REVISED AGENDA
CITY COUNCIL MEETING
July 2, 2024
1. Election Ballot Question - Resolution
7 Zoning Cede Update
IV. STAFF REPORTS
3. Public Works Director
4. Police Chief
5. Fire Chief
6. Finance Director
7. Community Development Director- Zoning Code Update
8. City Clerk
9. City Attorney
10. City Administrator
11.IT Manager
12. Library Director
4:30 P.M.
V. CLOSED SESSION
13. Pursuant to Minn. Stat. Section 13D.05 subd. 3b to discuss attorney client privileged
communication regarding litigation at 421 Hanson Place
VI. RECESS
REGULAR MEETING 7:00 P.M.
VII. CALL TO ORDER
Vill. ROLL CALL
IX. PLEDGE OF ALLEGIANCE
X. RECOGNITIONS OR PRESENTATIONS
14. Youth Service Bureau Budget Request - Mike Huntley
XI. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the
meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less.
XII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no
discussion. Anyone may request an item to be removed from the consent agenda and considered separately.
15. June 18, 2024 Regular Meeting Minutes
16. June 21, 2024 Emergency Meeting Minutes
17. Payment of Bills
18. Alcohol Training Ordinance - Ordinance 1st Reading
19. Appointment of Election Judges for 2024 Primary Election - Resolution
20. Automated Online Streaming Service at SCVRC
21. City Hall Next Generation Firewall Agreement
22. Crack Seal 2024 Contract Agreement
23. Design Permit for Graphic Design Signs in Union Alley (Union Art Alley Extension)
24. Downtown Lighting Project Bid Award and Agreement — Resolution
25. Policy and Fee Schedule Amendment for Overnight Bus Parking in Downtown Parking District —
Resolution
26. Stillwater Riverfront Park Project Grant Agreement
27. TH 95 Entrance Monument License Agreement for Mural in City Right-of-way
28. Tower Painting Radio Path Study and Relocation Contract Agreement
29. Well House # 5 Olive St. Generator Garage Additions
30. Wine & Strong Beer Liquor License for DTs Clam Shack — Resolution
31. Liquor License Premise Extension for River Siren Brewery Our Heroes Tour Concert -
Resolution
32. Therapeutic Massage Business License and Massage Therapist License - Resolution
XIII. PUBLIC HEARINGS — None
XIV. UNFINISHED BUSINESS
XV. NEW BUSINESS
33. Proposed flood plan for Lumberjack Days
34. Appeal to variance denial of a request to exceed the required structural impervious surface and
facilitate construction of a pool located at 3085 Lowell Ct (Case No. CD2024-20)
XVI. COUNCIL REQUEST ITEMS
35. LMC update
XVII. CLOSED SESSION
36. Closed Session Pursuant to Minn. Stat. 13D.05 Subd. 3(a) for purposes of conducting the City
Administrator's performance evaluation
XVIII. ADJOURNMENT
Page 2 of 2
City Council Meeting Agenda
July 2, 2024
Il IlWater
The fair thplace 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
July 2, 2024
1. Election Ballot Question - Resolution
2. Zoning Code Update
IV. STAFF REPORTS
3. Public Works Director
4. Police Chief
5. Fire Chief
6. Finance Director
7. Community Development Director
8. City Clerk
9. City Attorney
10. City Administrator
11.IT Manager
12. Library Director
4:30 P.M.
V. CLOSED SESSION
13. Pursuant to Minn. Stat. Section 13D.05 subd. 3b to discuss attorney client privileged
communication regarding litigation at 421 Hanson Place
VI. RECESS
REGULAR MEETING 7:00 P.M.
VII. CALL TO ORDER
Vill. ROLL CALL
IX. PLEDGE OF ALLEGIANCE
X. RECOGNITIONS OR PRESENTATIONS
14. Youth Service Bureau Budget Request - Mike Huntley
XI. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the
meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less.
XII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no
discussion. Anyone may request an item to be removed from the consent agenda and considered separately.
15. June 18, 2024 Regular Meeting Minutes
16. June 21, 2024 Emergency Meeting Minutes
17. Payment of Bills
18. Alcohol Training Ordinance - 1st Reading
19. Appointment of Election Judges for 2024 Primary Election - Resolution
20. Automated Online Streaming Service at SCVRC - LiveBarn
21. City Hall Next Generation Firewall Agreement
22. Crack Seal 2024 Contract Agreement
23. Design Permit for Graphic Design Signs in Union Alley (Union Art Alley Extension)
24. Downtown Lighting Project Bid Award and Agreement — Resolution — Final available Tuesday
25. Policy and Fee Schedule Amendment for Overnight Bus Parking in Downtown Parking District —
Resolution
26. Stillwater Riverfront Park Project — Grant Agreement
27. TH 95 Entrance Monument License Agreement for Mural in City Right-of-way
28. Tower Painting Radio Path Study and Relocation - Contract Agreement
29. Well House # 5 — Olive St. Generator Garage Additions
30. Wine & Strong Beer Liquor License for DJ's Clam Shack - Resolution
XIII. PUBLIC HEARINGS — None
XIV. UNFINISHED BUSINESS
XV. NEW BUSINESS
31. Proposed flood plan for Lumberjack Days — Available Tuesday
32. Appeal to variance denial of a request to exceed the required structural impervious surface and
facilitate construction of a pool located at 3085 Lowell Ct (Case No. CD2024-20)
XVI. COUNCIL REQUEST ITEMS
33. LMC update
XVII. CLOSED SESSION
34. Closed Session Pursuant to Minn. Stat. 13D.05 Subd. 3(a) for purposes of conducting the City
Administrator's performance evaluation
XVIII. ADJOURNMENT
Page 2 of 2
City Council Meeting Agenda
July 2, 2024
i
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THE BIRTHPLACE OF MINNESOTA
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Joe Kohlmann, City Administrator
SUBJECT: Local Option Sales Tax Ballot Language
Overview
In the 2023 Legislative Session, the City of Stillwater was authorized to put a Local
Option Sales Tax to referendum vote. The City spent almost a year planning and
estimating the project. In addition, the City engaged with the University of Minnesota
Extension to analyze the L.O.S.T. In order to complete the Riverfront Improvement
project (Lumberjack Landing, Bridgeview Park), it was determined the most feasible
way to complete the entire project was through the utilization of State Bonding,
donations, and a local option sales tax.
The City must submit ballot language to the County in the next 30 - 45 days. Attached
is a Resolution with proposed ballot language. The language has been reviewed and
recommended by legal counsel.
ACTION REQUESTED
Motion to approved the attached Resolution authorizing ballot language for referendum
vote.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-XXX
RESOLUTION APPROVING REFERENDUM QUESTION ON THE NOVEMBER 5, 2024
BALLOT TO IMPOSE A LOCAL OPTION SALES TAX FOR THE BETTERMENT OF THE
RIVERFRONT IMPROVEMENT PROJECT
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 for the Riverfront Improvement Project ("Project"); and
WHEREAS, if approved, the sales and use tax revenue will be used to improve
the St. Croix Riverfront, including Lumberjack Landing Park and Bridgeview Park; 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, up to $6,200,000 or 10 years, whichever comes first.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Stillwater,
County of Washington, State of Minnesota, that the City will add the following referendum
question to the November 5, 2024 general election ballot:
"Shall the City of Stillwater be authorized 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 is raised? By voting yes, this tax will pay for a portion of the construction,
renovation, and improvements to the St. Croix Riverfront Improvement Project
in Stillwater, including the new Lumberjack Landing Park, which includes a
renovation of the Aiple House into a multi -use park building, increased parking
and shoreline stabilization; improvements to Bridgeview Park; these riverfront
improvements provide more public access, amenities, public gathering and
open space to ensure the River's scenic views can be responsibly used and
preserved for generations."
Adopted by the Stillwater City Council this 2nd day of July, 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
1
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T H E B I RTH PLAC E O F M I N N E I O T A
DATE: July 2, 2024
TO: Honorable Mayor and City Council
FROM: Ben Gutknecht, Planning Manager
SUBJECT: Comprehensive Zoning Code Amendment (2024-2025)
Zoning Code Definitions and Cannabis 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
Zoning Code Definitions Update
July 2, 2024
Introduction
Purpose:
The purpose of this report is to provide an update on preliminary review of Zoning Code
Definitions, Performance Standards, and Cannabis uses as part of the Amendment to the City
of Stillwater's Zoning Code. This is a continuation of the June City Council Workshop, now
focused on Definitions and Performance Standards. The previous step established a new
baseline by a Proposed/Draft Official Zoning Map, Zoning District Purpose Statements, and
District Standards. Staff has completed a comprehensive review of zoning code definitions. This
includes the recently proposed definitions by the League of Minnesota Cities pertaining to
cannabis uses. This report does not include Zoning Performance Standards as more review is
needed prior to formal presentation.
Goal:
A primary goal of the Zoning Code Update is to simplify and modernize existing Code. Much of
this can be done with updates to existing definitions and performance standards. That said, this
is an iterative process. Decisions made `downstream' of proposed changes may result in a need
to step back and refine definitions or performance standards.
Strategy:
While many Zoning Code definitions are standard throughout Minnesota communities, each
community will have those unique to their own growth and history. Staff reviewed existing
definitions to determine relevancy and accuracy with current interpretation and policies. Strategy
regarding Cannabis regulations consisted of City Attorney review of new 2023/2024 legislation,
current City regulations and review of possible cannabis uses and reviewing the proposed
ordinance made available by the League of Minnesota Cities.
Tactic:
The actual process involved Staff reviewing the `standard' City definitions to modernize them
and reflect updated State Code or regional codes. For the definitions specific to Stillwater, Staff
reviewed for relevancy and edited to simplify. Staff also reviewed organization of the Definition
Section for user comprehension and readability. Staff has relocated performance standard
specific definitions to the relevant Zoning Code location. For example, relocating definitions
related to signs to the sign section of the Zoning Code.
Zoning Definition 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 definitions and performance standards
found within this report.
o The League of Minnesota Cities has released a draft example Code containing
definitions that Staff will insert within the updated definitions section.
o Staff will continue to review and thoughtfully propose appropriate zoning district
and relevant performance standards as we navigate the process.
Prepared by:
Tim Gladhill
Community Development Director
Ben Gutknecht
Planning Manager
Katriona Molasky
Assistant City Planner
Proposed Official Zoning Map (from previous step)
water
2024 Comprehensive
Zoning Code Update
Proposed Official
Zoning Map
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youth
service
bureau
May 31, 2024
City of Stillwater
Attn: Joe Kohlmann, City Administrator
216 North 41h Street
Stillwater, MN 55082
Dear Joe,
Helping youth and families learn the skills they need to be more successful
at home, in school and throughout the community.
www.ysb.net
Thank you for Stillwater's past support for Youth Service Bureau's (YSB) mission to help youth and families
learn the skills they need to be more successful at home, in school and throughout the community. We hope
to continue our partnership in support of today's youth and are requesting $11,845.00 in 2025.
Since 1977, YSB has provided youth and families the support they need at the first sign of challenges; early
intervention helps avoid significant future consequences and costs, benefitting the youth and communities they
live in. By accessing YSB's programs, youth and families learn strategies to better handle life's challenges and
learn from their mistakes.
YSB's programs are based on promoting prevention and early intervention strategies. YSB's program areas:
• Military Family Support Program — provides educational presentations to military families to help
them develop resilience and proactive strategies to cope with the stresses of deployment and ongoing
military service.
• Youth -Focused Family Counseling (Mental Health) services help youth and families who are just
beginning to struggle with challenges in their lives and provides support to parents and caregivers. We
offer group and individual counseling sessions in some local schools.
• School -Based Chemical Health services are a critical resource for students, families and school staff.
We provide direct student support services and prevention services as well as educational
presentations in classrooms and consultation with school staff.
• Diversion Programs are early -intervention programs that hold youth accountable for inappropriate
actions, such as theft, curfew violation, fighting, and chemical use, without creating a juvenile record.
YSB involves parents and caregivers in the process, giving families needed support.
• Youth and Family Education presentations deliver current, relevant, and supportive information to
families and the wider community. We also provide schools with staff and classroom presentations to
educate them about anxiety, chemical use, and social media use, etc.
Referrals to all our services are welcome from anyone concerned about a youth's behaviors, choices and/or
mental health. This includes parents, teachers, school administrators, social workers, school officer liaisons,
law enforcement and youth themselves.
Last year, YSB provided over 4118 hours of direct services to over 799 unduplicated youth through YSB's
core program areas to make a real difference in their lives by improving school performance and healthy
COTTAGE GROVE
STILLWATER
WOODBURY
7064 W. Point Douglas Road, Suite #201 6120 Oren Avenue N 7876 Hudson Road, Suite #1
Cottage Grove, MN 55016 Stillwater, MN 55082 Woodbury, MN 55125
651-458-5224 651-439-8800 651-735-9534
outcomes, reducing truancy and court costs, educating youth and parents, and providing needed social
services. In addition to those numbers, YSB also served over 2302 participants who attended various public
speaking presentations provided by YSB last year.
With your continued support YSB can ensure that families have the extra supports they need when facing
challenges. Working together we show that when young people and their families are provided accurate
information and effective support, they can make better choices, improving their lives and benefitting the entire
community.
If you would like to schedule a short presentation about our work in the community at an upcoming City Council
meeting, please contact me at 651-458-5224 or via email. Thank you for your ongoing support in finding local
solutions that help youth and their families make better choices and have brighter futures. We appreciate your
consideration of our request and look forward to your response.
Sincerely,
Michael Huntley, M.A., LP
Executive Director
Youth Service Bureau, Inc.
COTTAGE GROVE STILLWATER WOODBURY
7064 W. Point Douglas Road, Suite #201 6120 Oren Avenue N 7876 Hudson Road, Suite #1
Cottage Grove, MN 55016 Stillwater, MN 55082 Woodbury, MN 55125
651-458-5224 651-439-8800 651-735-9534
61illwater 216 4th Street N, Stillwater, MN 55082
651-430-8800
The Birthplace of Minnesota www.stillwatermn.gov
CITY COUNCIL MEETING MINUTES
June 18, 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
Finance Director Provos
Assistant Finance Director Norby
Fire Chief Glaser
Police Captain Julien
Public Works Director Sanders
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
RECOGNITIONS OR PRESENTATIONS
Youth Advantage Budget Request - Suzanne Block
Suzanne Block, Executive Director of Youth Advantage, explained the program's services
and requested financial support of $11,375. Faith, a client of Youth Advantage, shared her
positive experiences with the program.
Mayor Kozlowski stated budget discussions will start in August.
2023 Annual and Financial Results Presentation
Chris Knopik, Clifton Lars onAllen, presented the results of the 2023 audit.
OPEN FORUM
Mark Wiens, Lake Elmo, conveyed his intent to fill Washington County Commissioner Gary
Kriesel's seat. He currently is a State Representative representing Lake Elmo.
Lizzie Harris, Owens Street, remarked that the Chestnut Street Plaza feels safe for
pedestrians and bicycles and she wants to see that kind of car -free space expanded in the
future. She mentioned an organization called Strong Towns as a possible resource.
STAFF REPORTS
Public Works Director Sanders shared the river elevation forecast: the river will probably
be in Lowell Park before the Fourth of July event. He stated there will be an open house July
City Council Meeting
June 18, 2024
27 at the Rec Center to discuss the Washington Avenue/Highway 36 North Frontage Road
intersection; and ash tree removal has begun.
Police Captain Julien stated that Officer Papke started a Youth Citizens Academy. He gave a
staffing and department activities update, including motorcycle noise enforcement, and also
noted that Sgt. Gow is looking for volunteers for a graffiti cleanup event July 14.
Fire Chief Glaser updated the Council on staffing and the SAFER grant application.
Finance Director Provos thanked Assistant Finance Director Norby for her work on the
audit.
Community Development Director Gladhill reported that the downtown parking permit
module was launched and enforcement is being increased. New building permit software
will be coming soon.
City Clerk Wolf noted that a late submission for the Human Rights Award caused a special
HRC meeting to be called; the City newsletter will be delivered next week.
City Attorney Land stated a hazardous building action initiated last fall will probably be
brought back before the Council in July.
City Administrator Kohlmann stated staff met with members of the Veterans Memorial
Board about a stormwater improvement and expansion of the paver area. He and
Councilmember Odebrecht will represent Stillwater at the League of Minnesota Cities
conference. He asked for Council approval of a Juneteenth poster created by the Human
Rights Commission.
Motion by Councilmember Polehna, seconded by Councilmember Odebrecht to approve the
Juneteenth poster. All in favor.
CONSENT AGENDA
June 4, 2024 Workshop and Regular Meeting Minutes
Payment of Bills
Authorizing Permanent Easement Acquisition for 2024 Street Improvement Project (2024-
02) - Resolution 2024-068
Broadway on the St. Croix Event Contract
Downtown Parking Master Sign Plan Agreement
Downtown Special Service District Request for Lighting Decoration Study
Log Run Half Marathon Event Contract
Metropolitan Council Clean Water Fund Grant Agreement
Accepting Work and Ordering Final Payment for Mid Oaks Lift Station Improvement
Project - Resolution 2024-069
Resolution Approving Liquor License Amendment for Temporary Outdoor Premise
Extension at 1421 4th Street North - Resolution 2024-070
Resolution Ordering Preparation of Feasibility Report for Myrtle Street Improvement
Project (Project 2024-05) - Resolution 2024-071
Approving Participation in Minnesota Performance Measurement System Program -
Resolution 2024-072
Rapp Strategies Agreement
Short Term Home Rental Conditional License for 1104 Meadowlark Dr
Page 2 of 5
City Council Meeting
June 18, 2024
Short Term Home Rental License for 1105 and 1107 Martha Street N
Resolution Denying Zoning Approval Expiration Date Extension for Chapel Hill Flats at 107
3rd St N (Landucci Construction) (Case No. CD 2022-19) - Resolution 2024-078
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the
Consent Agenda. All in favor.
PUBLIC HEARINGS
METIS Investment LLC Requests Issuance of Bonds and enter into Joint Powers Agreement with
City of Oakdale for Multifamily Housing Project
Jenny Boulton, Kennedy & Graven, bond counsel for the City of Oakdale, stated that Oakdale
was approached by Metis Development to assist in making available conduit revenue bonds
for the acquisition and rehabilitation of a portfolio of existing affordable rental housing
facilities. One of them, Victoria Villa, is in Stillwater, so Stillwater's consent is required, after
a public hearing. There is no financial obligation or risk to the City of Stillwater.
Mayor Kozlowski opened the public hearing. There were no public comments and the public
hearing was closed.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution
2024-073, Resolution Giving Host Approval to the Issuance by the City of Oakdale of Conduit
Multifamily Housing Revenue Bonds on Behalf of Metis Development Group LLC (METIS
Portfolio Project). All in favor.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Lumberjack Days Event Amendment
City Administrator Kohlmann stated that Brian Asmus, LJD Stillwater Events, has requested
approval to host the 2024 Minnesota Wakesurf Championships as part of the 2024
Lumberjack Days, July 19-21. This request was submitted after the Council approved the
contract. The event should not change any of the expectations and duties required of the
City and is estimated to add 1000 people to be in attendance over the weekend of
Lumberjack Days. Staff recommends approval of the amendment.
Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the
amendment. All in favor.
Washington County Emergency Housing Services Building
Community Development Director Gladhill summarized that the City has received multiple
applications to facilitate the approval of the Washington County Emergency Housing
Services Building, a 30-unit medium density residential building for people experiencing
homelessness. After holding the required public hearing, the Planning Commission
recommended approval of the request without the four conditions of approval
recommended by the City of Oak Park Heights. He gave an overview of the proposal.
Page 3 of 5
City Council Meeting
June 18, 2024
John Hodler, 2403 Palm Circle, stated he would speak for those in attendance who support
the project; he asked them to stand indicating support.
Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt
Resolution 2024-074, Resolution Approving Lot Consolidation of Parcels at 14949 62nd St N
(Case No. CD 2024-004); Resolution 2024-075, Resolution Approving a Planned Unit
Development Amendment to Facilitate an Emergency Housing Services Building at 14949 62nd
St N (Washington County Government Center) (Case No. CD 2024-004); Resolution 2024-076,
Resolution Approving a Conditional Use Permit for a Residential Use in the PA: Public
Administrative Offices District to Facilitate an Emergency Housing Services Building at 14949
62nd St N (Washington County Government Center) (Case No. CD 2024-004); and Resolution
2024-077, Resolution Approving a Site Plan to Facilitate an Emergency Housing Services
Building at 14949 62nd St N (Washington County Government Center) (Case No. CD 2024-
004); and to adopt Ordinance No. 2024-1215, 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). All in favor.
Chicken Permit for 8337 Marylane Ave N
Mr. Gladhill stated the City received an application for a Chicken Permit at 8337 Marylane
Ave. N. As part of the permit process, neighborhood notices were sent and one objection
was received. The primary concerns of the letter are either outside City purview or can be
addressed by the Code Enforcement team. Staff recommends approval of the permit.
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve the
Chicken Permit for 8337 Marylane Ave N. Motion passed 3-2 with Councilmembers Junker and
Polehna voting nay.
COUNCIL REQUEST ITEMS
Grant Navigator Update
Councilmember Odebrecht informed the Council that the League of Minnesota Cities has
rolled out the Grant Navigator, a program that aids cities in managing the complexities of
securing state, federal, foundation, and nonprofit grants.
ADJOURNMENT
Motion by Councilmember Odebrecht, seconded by Councilmember Kozlowski, to adjourn. All
in favor. The meeting was adjourned at 8:27 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2024-068, Authorizing Permanent Easement Acquisition for 2024 Street
Improvement Project (2024-02)
Page 4 of 5
City Council Meeting
June 18, 2024
Resolution 2024-069, Accepting Work and Ordering Final Payment for Mid Oaks Lift
Station Improvement Project
Resolution 2024-070, Resolution Approving Liquor License Amendment for
Temporary Outdoor Premise Extension at 1421 4th Street North
Resolution 2024-071, Resolution Ordering Preparation of Feasibility Report for
Myrtle Street Improvement Project (Project 2024-05)
Resolution 2024-072, Approving Participation in Minnesota Performance
Measurement System Program
Resolution 2024-073, Resolution Giving Host Approval to the Issuance by the City of
Oakdale of Conduit Multifamily Housing Revenue Bonds on Behalf of Metis
Development Group LLC (METIS Portfolio Project)
Resolution 2024-074, Resolution Approving Lot Consolidation of Parcels at 14949
62nd St N (Case No. CD 2024-004)
Resolution 2024-075, Resolution Approving a Planned Unit Development
Amendment to Facilitate an Emergency Housing Services Building at 14949
62nd St N (Washington County Government Center) (Case No. CD 2024-004)
Resolution 2024-076, Resolution Approving a Conditional Use Permit for a
Residential Use in the PA: Public Administrative Offices District to Facilitate an
Emergency Housing Services Building at 14949 62nd St N (Washington County
Government Center) (Case No. CD 2024-004)
Resolution 2024-077, Resolution Approving a Site Plan to Facilitate an Emergency
Housing Services Building at 14949 62nd St N (Washington County
Government Center) (Case No. CD 2024-004)
Resolution 2024-078, Resolution Denying Zoning Approval Expiration Date
Extension for Chapel Hill Flats at 107 3rd St N (Landucci Construction) (Case
No. CD 2022-19)
Ordinance No. 2024-1215, 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)
Page 5 of 5
j 1water 216 4th Street N, Stillwater, MN 55082
QS,-ti 651-430-8800
www.stillwatermn.gov
The Birthplace of Minnesota
CITY COUNCIL MEETING MINUTES
June 21, 2024
EMERGENCY MEETING 12:00 P.M.
Mayor Kozlowski called the meeting to order at 12:00 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator Kohlmann
City Clerk Wolf
Deputy Director of Public Works Farrell
Public Works Director Sanders
NEW BUSINESS
Resolution 2024-079 Declaring a State of Emergency
Public Works Director Sanders gave a flood update with the forecast reaching over the
flood stage of 687. On June 20 the National Weather Service (NOAA) predicted the St. Croix
River elevation will go to 688.1 feet. Today, the predication was dropped to 687.6.
Mayor Kozlowski questioned the forcast. Mr. Sanders stated the rain may not increase the
river but rather draw out the duration of high water. River may crest around July 1.
Councilmember Junker inquired if the data received from NOAA includes data from the
Corp of Engineers. Mr. Sanders stated NOAA models takes into account all of the rivers.
Councilmember Junker asked what the height of the dike will be. Mr. Sanders replied the
parking lots elevations are at 689 feet. Mulberry Street and Nelson Street drop to 687.
Adding jersey barriers will protect to the elevation of 692.
Further discussion occurred on the upcoming 4th of July and Lumberjack Days event
logistics in relation to potential flooding.
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, adopt Resolution
2024-079, Resolution Declaring a State of Emergency. All in favor.
ADJOURNMENT
Motion by Councilmember Collins, seconded by Councilmember Polehna, to adjourn. All in
favor. The meeting was adjourned at 12:08 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2024-079, Resolution Declaring a State of Emergency
11 ater,
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THE BIRTHPLACE OF MINNESOTA
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Sarah Erenberg, Senior Account Clerk
SUBJECT: Payment of bills
A list of bills in the amount of $1,321,365.65 has been sent to the Mayor and City
Council Members to approve for payment.
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THE BIRTHPLACE OF MINNESOTA
DATE: June 27th, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Brian Mueller, Chief of Police
SUBJECT: First Reading Ordinance Amending Alcohol Training
BACKGROUND
The Police Department continues to work with the City Attorney with reviewing our City
Code for improvements. Recently the City Code alcohol ordinance was changed as it
relates to required training and documentation of training for individuals who serve
alcohol. As we have reviewed this ordinance, with public input, we have identified a
clarification that we are recommending that will uniformly apply to all licensees (new and
existing) and require ongoing and updated training to all employees that serve alcohol.
The ordinance will require that all on -sale liquor licensees train any employee who will
serve alcoholic beverages prior to the employee selling alcohol and annually to each
employee thereafter. The employer is responsible for maintaining records of such
training for each employee. The Police Department intends to provide annual or bi-
annual training on this topic as well as on-line resources. This training is also required
for individuals serving alcohol at events as part of a Temporary Liquor License.
RECOMMENDATION
Staff recommends approval of Ordinance XXXX amending the alcohol training
requirements
ACTION REQUESTED
Approve First Reading of ORDINANCE XXXX Regarding Alcohol Training
City of Stillwater
Washington County, Minnesota
ORDINANCE NO. XXXX
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III, SECTION 6-79(J) OF THE CITY
CODE OF THE CITY OF STILLWATER
The City Council of the City of Stillwater does ordain:
SECTION 1 AMENDING. That the Stillwater, Minnesota City Code Article III Section
6-790) is hereby amended as follows:
(I) Mandatory Traininq
Licensees must conduct alcohol training to any employee who will serve alcoholic
beverages prior to authorizing the employee to serve alcohol. The alcohol training
shall be conducted annually to each employee thereafter. The alcohol training must
include the laws pertaining to the sale of alcohol, the rules for identification checks,
and the responsibilities of establishments serving intoxicating liquors. The licensee
must provide the City with proof of training each employee upon request.
SECTION 2 SAVING. In all other ways, the Stillwater City Code shall remain in full
force and effect.
SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The text amendment adopted by the Stillwater City Council on , 2024
modifies the City Ordinance to clarify the requirements for mandatory server training
pertaining to the sale of alcohol.
Adopted by the City Council of the City of Stillwater this day of
2024.
ATTEST:
Beth Wolf, City Clerk
CITY OF STILLWATER
Ted Kozlowski, Mayor
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THE BIRTHPLACE OF MINNESOTA
DATE: June 21, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Appointing Election Judges for 2024 Primary Election
BACKGROUND
City Council is required to appoint elections judges for the upcoming Primary Election.
Recruitment for judges has been completed by Washington County and a list of eligible
judges is attached to the Resolution. There are 57 judges total which includes 4 head
judges and 4 Co-head judges.
RECOMMENDATION
Staff recommends Council appoint the judges listed in Exhibit A on the resolution.
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion adopting
RESOLUTION APPOINTING ELECTION JUDGES FOR THE AUGUST 13, 2024
STATEWIDE PRIMARY.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-xxx
APPOINTING ELECTION JUDGES FOR THE
AUGUST 13, 2024 STATEWIDE PRIMARY
WHEREAS, the City Clerk recommends elections judges to be appointed for the
upcoming Primary Election on August 13, 2024; and
WHEREAS, the City Council makes the appointments at least 25 days before an
election day.
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the following
individuals specified on Exhibit A attached hereto, each of whom is qualified to serve
as an election judge, are hereby appointed as judges for the election Statewide
Primary on August 13, 2024 to act as such at the Stillwater Polling locations listed on
said exhibit.
BE IT FURTHER RESOLVED, by the City Council of Stillwater as follows:
1. Any individuals not specified on Exhibit A to be placed as a replacement or as
additional election judges needed up to and including the day of the election shall
be appointed by the City Clerk at that time.
2. The election judges shall act as clerks of election, count the ballots cast and
submit the results to the county for canvass in the manner provided by Minnesota
State Election Law.
Adopted by the Stillwater City Council this 2nd day of July, 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
EXHIBIT A
HJ TOMENES
DAVID
Stillwater W-1 P-1
St Paul Lutheran Church
CJ HOLMBERG
MARY
Stillwater W-1 P-1
St Paul Lutheran Church
EJ BELSCHNER
MARY
Stillwater W-1 P-1
St Paul Lutheran Church
EJ BLONDIN
THERESA
Stillwater W-1 P-1
St Paul Lutheran Church
EJ DOLNEY SR
KENNETH
Stillwater W-1 P-1
St Paul Lutheran Church
EJ FERKINGSTAD
RONALD
Stillwater W-1 P-1
St Paul Lutheran Church
EJ FREIMARK
KEN
Stillwater W-1 P-1
St Paul Lutheran Church
EJ HELLER
JONI
Stillwater W-1 P-1
St Paul Lutheran Church
EJ NELSON
REBECCA
Stillwater W-1 P-1
St Paul Lutheran Church
EJ ORTMEIER
MICHELLE
Stillwater W-1 P-1
St Paul Lutheran Church
EJ PURCELL
NANCE
Stillwater W-1 P-1
St Paul Lutheran Church
EJ STENERSON
MAURICE
Stillwater W-1 P-1
St Paul Lutheran Church
EJ SWANSON
LORI
Stillwater W-1 P-1
St Paul Lutheran Church
EJ ZUSAN
BARBARA
Stillwater W-1 P-1
St Paul Lutheran Church
HJ WILKENS
JANE
Stillwater W-2 P-2
Trinity Lutheran Church
CJ BESSETTE
ANDRE
Stillwater W-2 P-2
Trinity Lutheran Church
EJ BELKNAP
LAURA
Stillwater W-2 P-2
Trinity Lutheran Church
EJ DAWSON
LIZABETH
Stillwater W-2 P-2
Trinity Lutheran Church
EJ DUFTY
KAREN
Stillwater W-2 P-2
Trinity Lutheran Church
EJ EDSTROM
JAN
Stillwater W-2 P-2
Trinity Lutheran Church
EJ KARR
DANA
Stillwater W-2 P-2
Trinity Lutheran Church
EJ LONG
DAVID
Stillwater W-2 P-2
Trinity Lutheran Church
EJ McKINNEY
CAROL
Stillwater W-2 P-2
Trinity Lutheran Church
EJ MERTEN
JANICE
Stillwater W-2 P-2
Trinity Lutheran Church
EJ RINEHART
BARB
Stillwater W-2 P-2
Trinity Lutheran Church
EJ SAMUELSON
JILL
Stillwater W-2 P-2
Trinity Lutheran Church
EJ TROM
MATTHEW
Stillwater W-2 P-2
Trinity Lutheran Church
EJ TRUE JOHNSON
DONA
Stillwater W-2 P-2
Trinity Lutheran Church
HJ KOEHNLE
HEIDI
Stillwater W-3 P-3
Stillwater Evangelical Free Church
CJ ANDERSON
JEFFREY
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ BUSH
REBECCA
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ CLARK
GAYLE L
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ DITTBENNER
DAVID
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ FISCHER
TRICIA
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ JAMES
JULIA
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ JOHNSON
PAUL
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ KALUSCHE
DANIEL
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ KIRKWOLD
PAUL
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ PETERSON
KARLYN
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ RECKNER
DEBORAH
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ RIFFEL
CURTIS
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ SKILLINGS
KRISTINE
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ TOMASINI
STEPHEN
Stillwater W-3 P-3
Stillwater Evangelical Free Church
EJ WESSEL
DEANNE
Stillwater W-3 P-3
Stillwater Evangelical Free Church
HJ MEYER
SHERYL
Stillwater W-4 P-4
Our Savior's Lutheran Church
CJ HILGERS
CHRIS
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ ERICKSON
SARAH B
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ FERKINGSTAD
DARLENE
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ GLENNON
MARY
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ KOEHLER
REBECCA
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ KUKER
LYNN
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ NELSON
BETTY
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ PATTERSON
SUSANNA
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ PLOCHER
MICHELLE
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ RHEINBERGER
MARGUERITE
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ RHEINBERGER
MARY ANN
Stillwater W-4 P-4
Our Savior's Lutheran Church
EJ THOMAS
MARGARET
Stillwater W-4 P-4
Our Savior's Lutheran Church
LveBarn
VENUE AGREEMENT
THIS VENUE AGREEMENT ("Agreement") is made and executed this 2nd day of July, 2024, by
and between the City of Stillwater, 216 North Fourth Street, Stillwater, MN 55082, ("Venue
Owner") and LiveBarn, Inc., 1010 Saint Catherine Street West, Suite 1100, Montreal, Quebec,
Canada ("LiveBarn").
WHEREAS, LiveBarn and Venue Owner wish to enter into this Agreement pursuant to which
LiveBarn will install at Venue Owner's Ice Rink Sheet(s) described in the attached Schedule A
(each being an "Ice Rink Sheet") a fully automated online streaming system for the delivery of live
and/or on demand video and audio streaming to internet connected devices such as smartphones,
computers or tablets (the "Automated Online Streaming Service"); and
WHEREAS, the Automated Online Streaming Service offered by LiveBarn can stream Content
(as defined below) via LiveBarn's subscription -based platform (the "LiveBarn Platform") or its
wholly owned MNHockey.TV platform (the "MNHockey.TV Platform"); and
WHEREAS, the LiveBarn Platform is defined as being the subscription platform that will
broadcast all of the Non -High School level activity, or other designated activity that is non -
explicitly owned; and
WHEREAS, the MNHockey.TV platform is defined as being the subscription and pay -per -view
based platform that will broadcast all of the High School or otherwise explicitly owned activity.
NOW THEREFORE, in consideration for the mutual promises set out below, and for other good
and valuable consideration acknowledged by the parties, LiveBarn and Venue Owner agree as
follows:
1. AUTOMATED ONLINE STREAMING SERVICE.
1.1 LiveBarn shall, at its own expense, install and maintain all hardware, software and internet
bandwidth required for the operation and maintenance of the Automated Online Streaming
Service in regards to each Ice Rink Sheet. The initial installation will occur within six (6)
months from the date written in the initial paragraph of this Agreement (such six (6) month
date being herein referred to as the "Latest Install Date"); it will be scheduled with the
written approval (including email) of Venue Owner, and concurrently with the installation,
LiveBarn will specifically explain to Venue Owner's representative onsite exactly where
any hardware or other components will be installed. Installation will then only proceed
with the consent of Venue Owner. The initial installation for each Ice Rink Sheet shall
include one (1) computer, one (1) router, one (1) modem, between one (1) and three (3 )
power converters, and up to two (2) cameras to be placed on the side walls or on the beams
or columns extending from the walls. The internet connection and computer shall be
located adjacent to the respective Ice Rink Sheet in a secure location with electrical power
outlets. The exact selection of camera locations will be made after consideration for
optimal streaming quality and avoidance of any obstruction. Any modification to the
installation will only be undertaken with the permission and process with Venue Owner as
outlined above. Venue Owner shall assume the cost of electricity for the components
installed in connection with this Agreement.
1.2 In addition, LiveBarn shall, at its expense and upon Venue Owner's request, install one (1)
TV which will display a combination of LiveBarn highlights and a live feed, as well as
additional LiveBarn information.
1.3 Title to all hardware, software, and wiring shall remain in the name of LiveBarn.
1.4 Subject to sections 1.8 and 1.9 below, all content streamed using the Automated Online
Streaming Service, including the video and audio relating to all sports and recreational
activities occurring on each Ice Rink Sheet (collectively, the "Content") will be made
available to subscribers of the LiveBarn Platform or the MNHockey.TV Platform (as
determined by LiveBarn). In addition, per copyright for specific events, the Content may
be made available only to users on an alternative platform. In either case, LiveBarn will
determine the pricing for the applicable platform. From time to time, LiveBarn may provide
a free trial at its discretion.
1.5 Revenue generated from the Automated Online Streaming Service will be the property of
LiveBarn; however for content streamed on the LiveBarn Platform, LiveBarn will supply
Venue Owner with a unique code to enable it to market and solicit new memberships for
the LiveBarn Platform, for which LiveBarn will pay Venue Owner twenty-five percent
(25%) of the revenues generated from the LiveBarn Platform memberships over the full
lifetime of these memberships, during the Term of this Agreement. The above code will
enable Venue Owner to solicit LiveBarn memberships by providing potential members
with the attraction of a ten percent (10%) discount. This code will track the memberships
generated by Venue Owner on a quarterly basis. The above payments to Venue Owner will
only apply to LiveBarn memberships originated with the unique code allocated to Venue
Owner. LiveBarn will pay Venue Owner its revenue share within thirty (30) days of the
end of each calendar quarter together with a corresponding revenue statement. Venue
Owner will provide a staff person to communicate with and receive LiveBarn's various
local marketing initiatives as described below.
1.6 LiveBarn will guarantee that the minimum Revenue Share generated and paid by LiveBarn
to Venue Owner, will be a minimum of two thousand dollars ($2,000) annually per Ice
Rink Sheet identified in the attached Schedule A, the "Guaranteed Revenue". Commencing
on execution of this Agreement, LiveBarn will pay Venue Owner the Guaranteed Revenue
Advance upon invoice. During the subsequent twelve (12) months, LiveBarn will track the
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Revenue generated by promo codes as mentioned in section 1.5, and if at any point in any
twelve (12) month period beginning upon execution of this Agreement, the promo code
payment exceeds the Guaranteed Revenue, LiveBarn will be responsible for paying the
difference between the actual Revenue share earned and the Guaranteed Revenue. Any
additional revenue payment that is earned will be paid when the annual guarantee is paid.
This will repeat annually throughout the Term of this agreement, beginning on July Pt of
each calendar year. The Guaranteed Revenue referenced in this section will only be
applicable if MNHockey.TV has the rights and is able to broadcast the majority of the High
School hockey games at the Ice Rink Sheets identified in Schedule A. For the purpose of
clarity, should the majority of High Schools games be broadcast on another streaming
service other than MNHockey.TV or LiveBarn.com, Venue Owner will not be entitled to
the Guaranteed Revenue referenced in this section but will still be entitled to all the revenue
earned under subsection 1.5.
1.7 LiveBarn shall be the exclusive owner of all rights in and to the Content, and shall have
the exclusive right to Streaming the Content for all purposes and in any manner it
determines in its sole discretion, including by providing its Streaming signal to national
broadcasters and digital media distributors. Without limiting the foregoing, the Venue
Owner acknowledges that online distributions of the Content from each Ice Rink Sheet will
be made available to all subscribers of the LiveBarn Platform or MNHockey.TV Platform
users, subject to sections 1.8 and 1.9 below.
1.8 LiveBarn will provide Venue Owner with an exclusive online administrative password to
enable Venue Owner in its discretion to "blackout" any particular dates or time periods
from being streamed on any selected Ice Rink Sheet (the 'Blackout Restrictions").
1.9 LiveBarn will also provide Venue Owner with the ability, in its discretion, to restrict viewer
access to any Streaming from its Venue to a pre -selected potential audience for privacy
purposes.
1.1ODuring the Term (as defined below), LiveBarn will provide Venue Owner with three (3)
complimentary LiveBarn accounts for each Ice Rink Sheet.
1.11 LiveBarn will hold Venue Owner harmless for any injuries to LiveBarn employees and
agents in connection with their work.
2. TERM AND TERMINATION.
2.1 The term of this Agreement commences on the date written in the initial paragraph of this
Agreement and shall continue until the four (4) year anniversary of the Latest Install Date
(the "Term"), and it will automatically renew for successive terms of two (2) years, unless
either party notifies the other in writing of its intent to discontinue this Agreement at least
ninety (90) days before the expiration of the then current term.
2.2 Notwithstanding the foregoing, but subject to Subsection 3.1 below, either party shall have
the right to terminate this Agreement for any reason upon giving ninety (90) days written
notice to the other party.
2.3 Upon termination of this Agreement by expiration of the term or for any other cause,
LiveBarn shall, at its own cost and expense, remove all hardware, software and wiring from
Venue Owner's location.
2.4 Venue Owner shall have the right to terminate this Agreement if LiveBarn materially
breaches this Agreement and the material breach is not cured within forty (40) days after
Venue Owner provides written notice to LiveBarn which outlines such breach. If Venue
Owner terminates the Agreement pursuant to this subsection, LiveBarn shall forfeit its right
to any exclusivity granted under this Agreement.
3. EXCLUSIVITY.
3.1 In consideration of the investment of time and expense incurred by LiveBarn to fulfill its
obligations under this Agreement, the receipt and sufficiency of which is hereby
acknowledged, the Venue Owner hereby declares and agrees that for the initial period of
four (4) years, and all renewal periods, from the commencement date of the Term, and
notwithstanding the termination of this Agreement by the Venue Owner, for any reason,
LiveBarn shall have the absolute exclusivity to stream Content from each of the Ice Rink
Sheets using unmanned operated cameras. For greater certainty, the said exclusivity shall
apply for the four (4) year period even if the Venue Owner elects to terminate this
Agreement pursuant to subsection 2.2 above prior to the expiration of the Term. All
Automated Online Streaming Service videos shall be of sufficiently high quality to show
their intended contents in a clear and recognizable fashion. All Automated Online
Streaming Service videos shall display content in as dynamic a format as reasonably
possible which results in smooth motion. If Venue Owner receives multiple complaints
from streaming service customers that the Automated Online Streaming Service video
quality at the Ice Rink Sheets identified in Schedule A fails to meet the video quality
standards described herein, Venue Owner shall provide written notice of such complaints
to LiveBarn. LiveBarn shall have thirty (30) days from the date notice is provided by Venue
Owner to correct any streaming quality issues identified in the notice. LiveBarn shall be
considered to be in material breach of this Agreement for a failure to correct the streaming
quality issues identified in the Venue Owner's notice within the thirty (30) day period.
3.2 The Venue Owner hereby declares and acknowledges that the foregoing exclusivity,
including the term thereof, is reasonable in the circumstances, and that LiveBarn is relying
upon such exclusivity in connection with the provision of the Automated Online Streaming
Service and that LiveBarn would not have entered into this Agreement without such
exclusivity. However, the foregoing exclusivity shall not apply should LiveBarn cease
operations or to the extent Venue Owner terminates this Agreement in accordance with
subsection 2.4.
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3.3 Venue Owner acknowledges and agrees that no specification in this Agreement shall limit
LiveBarn, in the case of any default by the Venue Owner, from asserting any right or
remedy allowed by law, equity, or by statute.
4. SUPPLY OF AUTOMATED ONLINE STREAMING SERVICE.
4.1 LiveBarn will use reasonable skill and care to make the Automated Online Streaming
Service available throughout the Term. Notwithstanding the foregoing, LiveBarn shall
have no responsibility, liability, or obligation whatsoever to Venue Owner, or any third
party, for any interruptions of the Automated Online Streaming Service.
4.2 LiveBarn may, without any liability to Venue Owner, suspend the supply of all or part of
the Automated Online Streaming Service upon giving Venue Owner notice. This would
occur if the LiveBarn equipment is repeatedly damaged or LiveBarn is unable to obtain a
sufficient internet signal to the venue. If LiveBarn suspends all of the Automated Online
Streaming Service pursuant to this subdivision and does not reinstate the streaming service
within thirty (30) days of the complete suspension of the service, LiveBarn shall be deemed
to be in material breach of this Agreement.
4.3 The Venue Owner agrees to notify LiveBarn by email at venuesupport@livebam.com as
soon as it becomes aware of any interruption or malfunction with the Automated Online
Streaming Service. Venue Owner will not be responsible for damage or malfunction of any
equipment and LiveBarn will repair or replace at its cost any malfunctioning components
which is required. Any required service visit by LiveBarn will be scheduled with the
written approval (including email) of Venue Owner. LiveBarn will specifically explain the
repair, replacement or service work to Venue Owner's onsite representative and this work
will only proceed with the consent of Venue Owner.
4.4 From time to time there will be on site adjustments requiring assistance from a technically
proficient person at the Venue. Venue Owner will be responsible to supply such person
when necessary, but only when Venue Owner determines such person is available to
provide assistance without disturbing the designated person's regular responsibilities to
Venue Owner. The Venue Owner and individual designated by Venue Owner to provide
assistance to LiveBarn under this provision shall not be liable for any damage, losses, or
expenses incurred by LiveBarn that may be caused by the assistance provided to LiveBarn
by Venue Owner's designated individual.
5. NOTICE TO PUBLIC.
5.1 The Venue Owner agrees to post a notice at the entrance to its venue and inside each Ice
Rink Sheet, advising the public that the venue is monitored by video cameras for
commercial purposes, and participants waive any claim relating to the capture or public
transmission of his/her participation while at the venue. LiveBarn will supply and post
these notices during its initial installation and reserves the right to modify the language
contained therein from time to time, in its sole discretion, to satisfy its legal obligations.
5
Venue Owner shall approve the notices and any subsequent changes to the notice language
before they may be posted by LiveBarn at the Ice Rink Sheets listed in Schedule A.
5.2 In all agreements with parties for usage of the Venue, Venue Owner will include provisions
both disclosing the existence of LiveBarn streaming at the Venue and requiring such parties
to notify all their users of the Venue of this.
6. MARKETING.
6.1 Venue Owner agrees to promote LiveBarn through all available avenues discussed in this
section, understanding that it is in the Venue's best interest financially to market LiveBarn
to their customers and patrons. LiveBarn will also provide, at its expense, a minimum of
one (1) 2.5' x 6' color printed standing banner, branded with Venue Owner's unique code
described in subsection 1.5, to be displayed within Venue Owner's lobby in a prominent
location. Venue Owner understands that failure to comply and make reasonable promotion
and marketing efforts will result in lower revenue share payments to Venue Owner.
7. GENERAL.
7.1 Any amendment to this Agreement must be in writing and signed by both parties.
7.2 Although LiveBarn will remain liable for its obligations hereunder, LiveBarn shall be
permitted to use agents and subcontractors to perform its installation, maintenance, and
repair obligations hereunder.
7.3 The waiver of a breach of any provision of this Agreement will not operate or be interpreted
as a waiver of any other or subsequent breach.
7.4 If any part of this Agreement is held invalid or unenforceable, that part will be severed and
the rest of the Agreement will remain in force. Headings herein are for reference only.
7.5 LiveBarn hereby represents that it maintains $5,000,000 of General Liability Insurance.
$2,000,000 in Media Coverage Insurance and $2,000,000 in Cyber Insurance, and that
upon execution of this Agreement, Venue Owner will become a Certificate Holder, with
its name and location included.
7.6 All notices required under this Agreement must be given in writing and by email
venuesupport@livebam.com, fmiller@livebarn.com, ray@livebarn.com, and to Venue
Owner at its address listed herein. Either party may change its address from time to time
by providing notice of such change to the other party.
7.7 This Agreement describes the entire understanding and agreement of the parties and
supersedes all oral or written agreements or understandings between them related to its
subject matter.
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7.8 This Agreement may be executed in one or more counterparts, each of which will be
deemed an original, and all of which taken together will be deemed to be one instrument.
7.9 This Agreement is governed by and will be interpreted under the laws of the State of
Minnesota. Any disputes shall be heard in the courts of the State of Minnesota.
7.10Each party shall keep the terms contained herein confidential and neither of its directors,
officers, employees, agents or representatives, where applicable, shall disclose the terms
contained herein without the express written consent of the other party, unless such
disclosure is required by applicable law. All data collected by the Venue Owner pursuant
to this Agreement shall be subject to the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
7.11 Venue Owner will not be liable to LiveBarn by reason of inconvenience or annoyance for
any damages or lost revenue due to power loss or shortage, mechanical breakdown,
structural damage, roof collapse, fire, flood, renovations, improvements, alterations, or
closure of the facility by it or any regulatory agency.
7.12LiveBarn consents to Venue Owner promoting in its marketing materials that LiveBarn
supplies it with the LiveBarn installed product.
7.13A11 services provided by LiveBarn, its officers, agents and employees pursuant to this
Agreement shall be provided as employees of LiveBarn or as independent contractors of
LiveBarn and not as employees of the Venue Owner for any purpose.
[The remainder of this page is intentionally left blank]
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IN WITNESS WHEREOF, the partis have executed this Agreement on the date and at the place
first above mentioned.
LIVEBARN, INC.
By: T I j .
Ray Giroux, COO
Date:
CITY OF STILLWATER
Bv:
Ted Kozlowski, Mayor
m.
Beth Wolf, City Clerk
Date:
SCHEDULE A
Venue Name and Address:
St. Croix Valley Recreation Center
1675 Market Drive
Stillwater, Minnesota 55082
Lily Lake Arena
1208 Greeley Street South
Stillwater, Minnesota 55082
Name of Each Rink:
(i.e. Rink # 1 or Main Rink)
St. Croix Valley Recreation Center:
Rink # 1 & Rink #2.
Lily Lake Arena: Main Rink (only 1 rink).
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We require one point of contact to
initiate communication with for each
venue. This person will receive a
request to complete an online form
that gathers information about the
Venue and points of contact.
Primary Contact — Venue General
Manager of Decision Maker:
Name: Doug Brady
Work Number: 651-430-2601
Cell Phone:
Email Address: dbrady@stillwatermn.gov
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Rob Rice, IT Manager
SUBJECT: Next-Generation Firewall Purchase and 5-year Subscription
DISCUSSION
As cyber-threats continue to evolve, maintaining a robust and up-to-date network
defenses is essential. The City’s current primary firewall was purchased in 2020 and is
almost due for replacement. Taking into consideration our Ethernet Network Service
(ENS) project, which involves connecting remote locations into our network, and routing
all traffic through the firewall. It is imperative to invest in a powerful and comprehensive
firewall solution.
This report reviews FortiGate Next-Generation Firewall (NGFW) as a replacement
option for the City’s existing primary firewall pair. FortiGate produces an appliance that
offers advanced security features current with today’s trends, hardware performance
that can handle the increased traffic across the network, and a great value with
competitive price per performance.
Advanced Security Features
FortiGate offers many advanced next-generation security features to provide a robust
and up-to-date network security posture. Some of these features include the following:
1. Advanced Threat Protection: Includes intrusion prevention, antivirus, and anti-
malware to detect and block sophisticated threats.
2. Sandboxing: Artificial intelligence analyzes and tests suspicious files in a virtual
environment to detect and block zero-day threats.
3. Secure SD-WAN: Integrates software-defined WAN capabilities to optimize and
secure network traffic across multiple locations.
These features make FortiGate a comprehensive firewall solution that will meet the
City’s network infrastructure needs and harden its cyber security posture.
Hardware Performance
ForitGate delivers a high performing firewall appliance that is both scalable and
unparalleled when compared to competing solutions. The selected model will be able to
perform advanced processing and analyze all network traffic from the City’s seven
locations with low latency.
Traditional firewalls have a difficult time protecting against today’s emerging threats
because they rely on off-the-shelf-hardware and general-purpose computer processing
units (CPUs). This can be dangerous when you consider known CPU vulnerabilities
such “Meltdown” and “Spectre” that exploit the processor to compromise the system.
FortiGate uses a custom patented security processor to detect emerging threats and
block malicious content while ensuring the firewall does not become a performance
bottleneck.
Ultimately, FortiGate’s proprietary security processors will meet the City’s requirements
of being able to securely monitor and analyze all network traffic with no felt slowness.
Value: Price per Performance
ForitGate offers great value by providing a comprehensive scalable firewall solution at a
fair price. The table below compares the initial purchase price of our existing SonicWall
firewall, compared to FortiGate and Palo Alto. Palo Alto is an industry leading firewall
manufacturer that offers similar advanced security features as FortiGate.
1 Year Cost to Purchase
SonicWall (Loffler) FortiGate (HPN 20% Discount) Palo Alto (State Contract)
$8,1017 $7,812 $57,165
The table below compares the 5-year cost of the three firewalls. This cost analysis
takes into consideration annual subscriptions and maintenance fees that are part of
operational costs. A 5-year period is used because this is the typical useful life of a
firewall appliance.
5 Year Cost of Ownership
SonicWall (Loffler) FortiGate (HPN 20% Discount) Palo Alto (State Contract)
$18,558 $20,678 $145,029
The figures in the table above illustrate that the FortiGate firewall is close to the same
price point as our existing firewall that was purchased in 2020. The tab le also shows
that the FortiGate is a much better value when it comes to price per performance when
compared to Palo Alto, which offers competing next-generation features.
Pre-paid Support
In addition to the firewall purchase, the IT Manager is requesting pre-paid support block
dollars, from the selling vendor, High Point Networks in the amount of $13,500. A
portion of the Support Block would be used during the initial implementation of the
firewall. The remaining block of support would be utilized during the ENS project which
connects the Recreation Center, Lily Lake Ice Arena , and Parking Ramp to City Hall.
I I
I I
I I
I I
The support is meant to assist the IT Manager and MIS Specialist in implementing the
firewall, and re-architecting the network during the ENS project.
RECOMMENDATION
Through research, due diligence, and experience, the IT Manager recommends the City
move forward with FortiGate as its primary firewall and using High Point Networks for
implementation and networking support. FortiGate provides next-generation advanced
security features that help harden the City’s cyber security posture. FortiGate delivers
competitive features and performance that will support the City’s network traffic at a
great value when evaluating other solutions.
The IT Manager recommends that the City of Stillwater enters an agreement to
purchase a high-availability pair of FortiGate firewalls with a 60-month service
subscription for $7,811.42, as well as a pre-paid block support from High Point
Networks for $13,500 for the firewall implementation and ENS project. The total
$21,311.42 would come from the MIS Capital budget for 2024.
ACTION REQUESTED
If council agrees with the IT Managers recommendation, Council should pass a motion
to purchase the designated FortiGate firewall with a 60-month service subscription and
a block of prepaid support for a total of $21,311.42.
SOLUTION PROPOSAL
Firewall Refresh // Fortinet
Quote #: 139947
Version: 3
Delivery Date: 06/27/2024
Expiration Date: 07/31/2024
Prepared for:
City of Stillwater
Attn: Rob Rice
216 North Fourth Street
Stillwater, MN 55082
Prepared by:
High Point Networks, LLC
Jess Fredrickson
Direct/Mobile/Fax: 952-715-3491
jess.fredrickson@highpointnetworks.com
A HighPoint ~ NETWORKS
Security
Intrusion Preventions & Detection, Applications,
Physical Security, Security/Incidence Response
Plans, Social Engineering, Phishing/Vishing
Data Center
Server/Desktop Virtualization, Data STorage,
Hyperconvergence, O365 Solutions, Data
Backup/Replication/Disaster Recovery
Unified Communications
Contact Center, On-Premise/Hosted/Cloud UC
Solutions, Mobile Applications, Training, DR/BU
Solutions
Infrastructure
LAN, WAN, Wireless, Load Balancing,
Network Access Control, Firewall, VPNs,
Remote Access, Email Security, Antivirus
& Next Gen Antivirus
Our Services
Managed options of SMART Services are available in all categories.
Highlights
▶Founded by Tom McDougall & Justin
Fetsch in 2003
▶Maintain a 90 Net Promoter Score
▶We focus on long-term relationships
▶Service all 50 states offices in ND, SD,
MN, MT, OK, NE, & CO
Why Choose High Point Networks?
High Point Networks supports partners through our technology pillars,
supplementing expertise in areas where you may not be an expert or
simply may not have the time. We were created because we noticed
many technology companies prioritizing sales, which didn’t align with our
values.
We prioritize problem-solving and forging partnerships. By training our
teams to focus on results rather than specific deals, we ensure collective
success. Helping others, fostering relationships, and collaborative work
are ingrained in our DNA.
Our Commitment
High Point Networks is committed to providing a memorable experience even if there are
challenges along the way to a successful outcome.
High Point Networks in 60 Seconds
Quote Information:
Quote #: 139947
Version: 3
Delivery Date: 06/27/2024
Expiration Date: 07/31/2024Firewall Refresh // Fortinet
Proposal Summary
CITY OF STILLWATER FIREWALL PROJECT SUMMARY
Project to be billed T&M via block dollars
Labor Estimates:
HPN SE: (+/-) 35 Hours
HPN PM: (+/-) 5 Hours
PROJECT SCOPE:
Existing firewalls are SonicWALL to be replaced with HA active-passive Fortinet pair.
Firewalls sized to handle routing eventually.
o This is on the Extreme cores today.
o This is not to be completed as part of the project. This will be done after the project on a
T&M basis against block dollars.
New firewall HA pair will be physically separated:
o PRIMARY: City Hall
o SECONDARY: Fire Station
o *Sites are connected with dark fiber and will have full L2 connectivity.
Configuration Highlights:
o 19 custom NAT policies
o 31 custom access rules
o VPN access for about 50 users. VPN access to integrate with MFA Microsoft Authenticator.
HPN RESPONSIBILITIES:
FIREWALL IMPLEMENTATION AND INSTALLATION:
o Discovery of existing environment
o Review and determine network design with customer.
o Work with customer to create account and apply licensing
o Provision firewalls to HPN standards and apply best practices
o Migrate configuration from existing firewall to new firewall
o Configure VPN tunnels to match if existing
o Configure SSL VPN remote access to match if existing
o Post-Migration documentation
o Knowledge transfer
PROJECT MANAGEMENT:
o Main point of contact for all project related items
o Schedule and facilitate project meetings
o Manage project documentation: Project Summary, Project timeline, Meeting Notes, etc.
Quote Information:
Quote #: 139947
Version: 3
Delivery Date: 06/27/2024
Expiration Date: 07/31/2024Firewall Refresh // Fortinet
o Schedule HPN engineering resources
o Hardware Tracking
o Project issue tracking and management
CUSTOMER RESPONSIBILITIES:
Adequate rack space to support equipment
Firewall configuration freeze so no new firewall policies or NAT policies are added when migration
starts
Switch configuration work [HPN could assist via T&M]
Provide remote access for remote configuration
Internet connections
Verifying power is available for new firewall
Provide any patch cables as necessary
Clean-up existing Firewall rules and NAT policies
Provide AD/LDAP Account for Directory Connectivity if needed
VPN client deployment for SSL VPN remote access if needed
If SSL decryption is used, deploying client certificates to devices.
Any cabling required.
Client Connectivity - Customer will be responsible for testing and troubleshooting client devices
including but not limited to smartphones, computers, tablets, and servers. [HPN could assist via
T&M]
Existing Hardware or Software Managment tools that require firmware updates prior to
installation. [HPN could assist via T&M]
Disposal of Existing Firewalls
Quote Information:
Quote #: 139947
Version: 3
Delivery Date: 06/27/2024
Expiration Date: 07/31/2024Firewall Refresh // Fortinet
Prepared for:Prepared by:
City of Stillwater High Point Networks, LLC
Attn: Rob Rice
216 North Fourth Street
Stillwater, MN 55082
Jess Fredrickson
Direct: 952-715-3491
jess.fredrickson@highpointnetworks.com
121G 1YR
Qty Item Description Price Ext. Price
MSRP: $11,220
2 FG-121G-BDL-
950-12
FortiGate-121G Hardware plus FortiCare Premium and FortiGuard Unified
Threat Protection (UTP) Fortinet, Inc. - FG-121G-BDL-950-12
NASPO Contract Number (AR2472) quotes this out at
20% off MSRP. Contract Price: $8,976
HPN quoted price has discounts that exceed contract
pricing.
$3,905.71 $7,811.42
Subtotal:$7,811.42
Discounted BLOCK Dollars - Tier 3 - 10%
Qty Item Description Price Ext. Price
1 BLOCK-T3 High Point Networks Professional Services Prepaid Block Dollars - Tier 3 -
$10,000 - $29,999 - 10% Discount
Block dollars do not expire.
Provides 10% Hourly Discount.
Firewall Installation is estimated (+/-) to consume:
35 M-F 8AM-5PM Hours: $7,245
5 M-F After Hours: $1,552.50
Remaining block dollars could be used for routing
changes from core switches to firewall, Extreme switch
configuration support, etc.
$13,500.00 $13,500.00
Subtotal:$13,500.00
Quote Information:
Quote #: 139947
Version: 3
Delivery Date: 06/27/2024
Expiration Date: 07/31/2024Firewall Refresh // Fortinet
Quote Summary
Description Amount
121G 1YR $7,811.42
Discounted BLOCK Dollars - Tier 3 - 10%$13,500.00
Total:$21,311.42
Acceptance of the quote online is considered acceptance of an offer and, together with the terms of the Master Services Agreement provided below, and any applicable Statement of Work, which are hereby
incorporated by reference, forms a legally binding contract. The customer is solely responsible for verifying the accuracy of all quotes and designs.
Return Policy: Product must be returned within 30 days of shipment date and will be subject to a restocking and freight fee. Product cannot be returned if opened (needs to be sealed in original packaging), written on
and/or damaged; NO exceptions. HPN reserves the right to no return/refund.
All quotes are subject to shipping costs that may not be listed on the quote. Prices quoted are valid for 30 days from quotation date. Orders will be invoiced when shipped. Orders may be partially invoiced as items
ship and thus there may be multiple invoices per order. Projects will be invoiced in the same method. Professional services may be progress billed over the term of the project. All licensing and subscription orders will
be invoiced immediately upon customer approval. Payment for all orders are due in 30 days from invoice date. Finance charges will be charged at the rate of 1.5% per month if not paid by the due date. If payment is
not received within 60 days of the invoice date, we reserve the right to suspend or terminate your service without further notice. Credit card usage as a form of payment may be accepted on a pre-approval basis and
may be subject to a convenience fee. Please consult your Account Representative prior to placing an order for timely, updated pricing. This offer to sell the listed products is subject to product availability and prices are
subject to change without notice due to manufacturer price changes or any error or omission.
Signature Date
HPN Signature: Date: 7/2/2024
11101
Professional Services The services offered by High Point Networks is the
Pre-Paid Blocks differentiating factor.n choosing ...,.your partner.
Why Pre-Paid Blocks .), Highlights
High Point Networks is a leader and true subject matter a No invoicing each time you use our
expert in the solutions we offer.As a trusted partner, Professional Services
we augment your own IT staff so you can adopt new a Discounted pricing
technologies that were previously out of reach.We have
engineering expertise in the areas of Infrastructure, a Makes budgeting easier
Unified Communications,Data Center,Security,and a Flexibility to purchase time blocks as needed
Managed Services.
IIIIIIIIIIIIIIIIId iG Illllllllllllllllllll auuuuiiiiiiiumalllllllllllll iii � io
NOTE:Discounted rates do not apply to projects,pro-services,travel and overnight charges.
High~ ~~��~ ~ Point
NETWORKS
Rate Card
" "
Professional Services
Summary
High Point Networks strives to provide our customers with a fair price on all goods and services. Rates for our
engineering services are reflected below.Thank you for your ongoing support and trust. (Please note after
hourn/vveekend/ho|iday rates do not apply)
HpNReomurce Hourly Rate
A/VTechnician $120
A/VEngineer $135
Cabling $115
Installation $140
Physical Security Cabling Assistant $58
Physical Security Installation Assistant $70
Network Engineer $230
Project Manager $230
System Engineer $230
Training $170
Voice Engineer $230
Service Manager $230
Security Engineer $275
Incident Response* $300
Travel* $150
After Hours 1.5x Regular Hourly Rate
Weekend/Holiday 2x Regular Hourly Rate
Overnight Travel Charge $350
Professional Services | Rate Card | 1
�l
water
The Birthplace of Minnesota d
AGREEMENT FOR SERVICES
THIS AGREEMENT ("Agreement") is made and executed this 2nd day of July, 2024, by and between the
City of Stillwater, 216 4ffi Street North, Stillwater, Minnesota 55082, ("City") and Gopher State Sealcoat,
Inc., 12519 Rhode Island Ave., Savage, MN 55378 ("Contractor").
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth
in this Agreement.
WHEREAS, Services under this agreement, are generally described as; 2024 Crack Seal
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as
follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing
certain Services ("Services"), as defined in the following documents:
i. A proposal dated 6/7/24, incorporated herein as Exhibit A;
b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely
fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to
the Services to be performed under this Agreement, including all safety standards. The
Contractor shall be solely and completely responsible for conditions of the job site, including
the safety of all persons and property during the performance of the Services. The Contractor
represents and warrants that it has the requisite training, skills, and experience necessary to
provide the Services and is appropriately licensed and has obtained all permits from all
applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth
in the Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase to the
compensation due the Contractor shall require prior written approval by the authorized
representative of the City or by the City Council. The City will not pay additional compensation
for Services that do not have prior written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills,
subcontractors and other indebtedness connected with the Services have been paid as required
by the City.
3. TERM. The term of this Agreement expires 11/1/2024. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and upon the
same terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days'
written notice delivered to the other party to the addresses listed in Section 13 of this Agreement.
Upon termination under this provision, if there is no default by the Contractor, Contractor shall
be paid for Services rendered and reimbursable expenses through the effective date of
termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written
notice in the event of substantial failure by the other party to perform in accordance with the terms
of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date
of the termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City as a result of any breach of this Agreement by the Contractor.
The City may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as
the exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written
billing by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided
for in this Agreement without the express written consent of the City, unless specifically provided for
in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same
locality at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of the
nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to,
abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances;
strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability
to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies,
materials, accesses, or services required to be provided by either City or Contractor under this Agreement.
If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented
from performing, give written notice to the other party describing the circumstances preventing continued
performance and the efforts being made to resume performance of this Agreement. Contractor will be
entitled to payment for its reasonable additional charges, if any, due to the delay.
2
8. CITY'S REPRESENTATIVE. The City has designated Wade Wellner to act as the City's
representative with respect to be performed under this Agreement. He or she shall have complete
authority to transmit instructions, receive information, interpret, and define the City's policy and
decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Contractor has designated Craig Olson to be the primary
contacts for the City in the performance of the Services. They shall be assisted by other staff members
as necessary to facilitate the completion of the Services in accordance with the terms established herein.
Contractor may not remove or replace these designated staff without the approval of the City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the
extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or
omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent
negligence of Contractor and City, they shall be borne by each 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
Gopher State Sealcoat, Inc.
216 4th Street North
12519 Rhode Island Ave.
Stillwater, MN 55082
Savage, MN 55378
Attention: Wade Wellner
Attention: Craig Olson
Or e-mailed: wwellner@stillwatermn.gov Or emailed: craigo@gsseal.com
3
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents
and employees pursuant to this Agreement shall be provided as employees of Contractor or as
independent contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the
parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing.
Such a waiver shall not affect the waiving party's rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under
this Agreement, Contractor shall not discriminate against any person by reason of any
characteristic protected by state or federal law.
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be
subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes
all prior communications, understandings and agreements relating to the subject matter hereof,
whether oral or written.
CITY OF STILLWATER By:
Ted Kozlowski, Mayor
Beth Wolf, City Clerk
4
CONTRACTOR Gopher State Sealcoat, Inc.
By:
By (Please Print):
Title (Please Print):
Project Description: 2024 Crack Seal
NM12519 Rhode Island Avenue South
Savage, Minnesota 55378
Phone:952.931.9188 Proposal
Fax: 952.931.0956
BA8FA19Wffjr1W www.GopherStateSealcoat.com
Proposal Submitted To Installation Site
Wade Wellner Various Streets per Map
City of Stillwater Stillwater, MN
216 N. 4th Street
Stillwater, MN 55082
Account # Quote # Quote Date Valid Thru Terms Estimator
7648 27872 06/07/2024 07/07/2024 NET10 Craig
Work # Fax # Mobile # Email Address
651-275-4103 wwellner@stillwatermn.gov
Description
Total Price
Priority 1 per map only: Red areas only:
$0.00
Crack Sealing: 209.38 Road Stations:
$19,472.34
Rout unfilled cracks 1/4" or larger to 3/4" x 3/4", except in alligatored areas.
Clean out cracks with a Heat Lance.
Seal cracks Using a wand and shoe with MnDOT spec #3723 hot pour rubberized crackfiller.
Touch up old cracks.
Apply barrier paper as needed.
Some settling of material will occur after cooling.
Priority 2 per map only: Blue areas only:
$0.00
Crack Sealing: 43.45 Road Stations:
$3,215.30
Rout unfilled cracks 1/4" or larger to 3/4" x 3/4", except in alligatored areas.
Clean out cracks with Heat Lance
Seal cracks using a wand and shoe with MnDOT spec #3723 hot pour rubberized crackfiller.
Touch up old cracks.
Apply barrier paper as needed.
Some settling of material will occur after cooling.
NOTE: This price includes one mobilization. Additional moves will be billed at $800/each. Work to be completed by
$0.00
October 31, 2024.
Quote Total
$22,687.64
We propose to furnish material and labor, complete in accordance with the above specifications, for the sum and terms outlined above. All material is
guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from
specifications involving extra costs will be executed upon written orders, and will become an extra charge over and above the estimate. All agreements
are c tingent upon strik s accidents or delays beyond our control. Property owner is responsible for all permits and fees.
PR POS L SUBtty:
Authorized Signature
Print Name
Date
ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and hereby accepted.
You are authorized to complete this contract as specified. Payment will be made as outlined.
Authorized Signature Print Name Date
tj Iwa ter
Iva
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
651-275-4103
wwellner(astiliwatermn.gov
2024 Street Crack Seal Program
Bid Proposal
Item #
Item Description
Unit
Quantity
Unit Price
Amount
1
Priority1 Ma section 1 Rout & Seal
RS
209.38
,.
r i
2
Priort 2 (Map section 2 Rout & Seal
RS
43.45
M(
h(
GRAND TOTAL (BASIS OF AWARD)
Contractors Anticipated Start Date •� S
Contractors Anticipated Completoin Date
- Bids must be received no later than 3:00 pm on June 12, 2024.
- $30,000.00 maximum contract amount.
- Bids may be submitted by mail, email, fax or in person to City Hall at above address, Attn: Wade Wellner.
- Resposible Contractor Verification and Certification must be submitted with the Bid.
- Bids should be labeled: 2024 Street Crack Seal Program.
- All bids must be submitted on the City's proposal form and be a complete proposal.
- Mobilization and Traffic Control incedental to bid prices.
- Project specifications will be governed by MnDOT 2022 Spec Book.
- Please provide any additional comments, modifications, or suggestions to the bid prior to bid due date.
- Questions contact Wade Wellner at 651-275-4103 or wwellner@stillwatermn.gov
- The City reserves the right to add or subtract quantities.
- IC 134 must be submitted prior to final payment.
- The City anticipates the work be done on or before Augus , 24
Date: `� ` vc Company Name:
Print Name Address:
Signature:
Title: � �! -4 t�� Phone: C�
Email Address: y G,_`� k' c.., (. c-` �`�
The City of Stillwater is looking to do a Crack Seal Project this summer and is inviting you to submit a
quote for the project.
The bituminous surface areas have an average width of 32'
The streets in Priority 1 were reconstructed, or milled & overlaid in the past 3 years.
The streets in Priority 2 are original construction in a newer development.
All cracks are to be to be routed and sealed
The city has a set crack seal budget of $30,000 for the Project
Crack Sealer to meet MN/DOT Specification 7
The anticipated project completion date would be on or before Au 1t", 2024.
Thank You,
Wade Wellner
Public Works Street Superintendent
City of Stillwater
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651-275-4103
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THE BIRTHPLACE OF MINNESOTA
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Ben Gutknecht, Planning Manager
SUBJECT: License Agreement for CD Case No. 2024-022: Consideration of a Design
Permit for Graphic Design Signs in Union Alley (Union Art Alley Extension)
BACKGROUND
The City has received a request from St. Croix Art Reach (in partnership with Union Art
Alley) to install a Graphic Design Sign (mural) on a stormwater pipe located at the top of
the Main Street Stairs. The site is City infrastructure and located within City owned Right -
of -Way. It is routinely graffitied and has been repainted by City Public Works Staff in the
past. The proposed mural is located entirely on the non -historic, concrete infrastructure
and are primarily muted colors. The proposal appears to be "street -art" influenced and
consists mostly of muted darker colors, a deliberate choice by the Applicant to further
curb future graffiti. Attached to this report is the depiction of said mural. While not located
within Union Alley, this mural is part of the Union Alley Extension and led by the same
team as the first iteration. The Heritage Preservation Commission approved the Graphic
Design Sign at the June 12, 2024 meeting.
City Council approval is required for the execution of the License Agreement allowing the
applicant to install a mural within City Right -of -Way and on City Infrastructure. Attached
is the License Agreement.
RECOMMENDATION
Staff recommends approval of the License Agreement allowing the installation of the
proposed mural on the identified City stormwater infrastructure. The Heritage
Preservation Commission has already granted design approval for the graphic design
sign.
ACTION REQUESTED
If Council concurs with the recommendation, they should pass a motion to approve the
mural and License Agreement, subject to minor modifications to the Agreement
contingent upon the City Attorney's review and approval.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License") is made this day of , 2024,
between the City of Stillwater, Minnesota, a Minnesota municipal corporation ("City") and
ArtReach St. Croix, a Minnesota nonprofit corporation ("ArtReach").
RECITALS
WHEREAS, the City owns certain real property as right of way which is depicted on
Exhibit A ("City Property"), which is located within the City of Stillwater and adjacent to the
Stillwater Stairs on Main Street South; and
WHEREAS, the City Property contains concrete structures that have been an attractive
nuisance for graffiti, thereby causing a blight on the City Property; and
WHEREAS, ArtReach desires to engage an artist ("Artist") to paint a design on specific
concrete structures, which shall reflect the history, story or scenes of Stillwater ("Mural"); and
WHEREAS, the City finds that the Mural fulfills a public purpose by providing a benefit
to the public health, safety and general welfare for the residents and visitors of Stillwater.
NOW THEREFORE, for mutual consideration, the receipt of which is hereby
acknowledged, the parties agree as follows:
AGREEMENT
1. License. ArtReach shall engage an Artist for purposes of painting and maintaining a
Mural on City Property, ("Services") subject to the terms and conditions of this License. This
License gives permission for ArtReach and its agents to enter onto City Property for the sole
purpose of carrying out the Services, duties and obligations of this License.
2. Term and Termination. The License is for an indefinite period of time. Either Party
may terminate this License upon thirty (30) days' written notice to the other. Upon termination,
ArtReach shall remove the Mural using methods that are satisfactory to the City Engineer and
ArtReach shall reasonably restore the surface upon which the Mural was painted to its pre -Mural
condition if possible.
3. Location, Installation, and Relocation of Mural. The specific location and design of the
Mural shall be approved by the City Council.
4. Maintenance and Relocation. ArtReach agrees to maintain the Mural in good condition.
If the City determines that the Mural is not being properly maintained, City shall give 30 days'
written notice to repair the Mural. Failure by ArtReach to repair the Mural within the time stated
in the notice may result in the City repairing or removing the Mural at the expense of ArtReach.
5. Indemnification. ArtReach shall indemnify, defend and hold the City, its council,
agents, consultants, attorneys, employees and representatives harmless against and in respect of
any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations,
liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees,
that the City incurs or suffers, which arise out of, result from or relate to this License as a result of
the Services performed by ArtReach.
6. INSURANCE. During the performance of the Services under this Agreement, ArtReach shall
maintain the following insurance:
a. Commercial General Liability Insurance, with a limit of $1,500,000 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.
ArtReach 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 while Services are being performed pursuant to the Agreement.
7. Liability. ArtReach understands and agrees that the location on City Property is an open
and obvious danger and ArtReach will assume all risks and liability of installing and maintaining
the Mural on City Property, including damage to any of City Property or property owned by a
third -party, physical injury suffered by ArtReach, by the Artist or any of ArtReach's employees,
agents, representatives, assigns or any member of the public, including death or permanent
disability, and any other monetary or physical damages suffered as a result of the installation or
maintenance of the Mural. City shall have no liability whatsoever resulting from ArtReach's
Services and damages or injury that arise out of, result from or relate to the Services, unless such
damage or injury is due to the City's gross negligence.
8. Risk of Loss. ArtReach understands and agrees that the Mural may be adversely
affected by damage arising out of the City's use of the City Property or by members of the public
because it is located on City Property. The parties agree that the City is not responsible for any
damage, vandalism, or destruction of the Mural.
9. General Provisions.
a. Assi _n�. This License is not assignable without the written consent of the City.
b. Notice. Notices shall be sent as follows:
If to City: City Administrator
Stillwater City Hall
216 Fourth Street N.
2
Stillwater, MN 55082
If to ArtReach: ArtReach St. Croix
224 N 4th Street
Stillwater, MN 5582
c. Governing Law. This License shall be construed in accordance with the laws of
the State of Minnesota and any disputes regarding this License must be brought by
civil action and must be venued in Washington County District Court.
d. Severability. If any term of this License is found be void or invalid, such invalidity
shall not affect the remaining terms of this License, which shall continue in full
force and effect.
e. Costs and Expenses. City shall not incur any out-of-pocket costs or expenses related
to this License. ArtReach shall reimburse all costs incurred by the City upon receipt
of an invoice documenting such costs and expenses. The invoice shall be paid by
the date stated on the invoice.
f. Data Practices Compliance. All data collected by the City pursuant to this License
shall be subject to the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13.
g. Entire Agreement. This License 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.
[remainder of page intentionally left blank]
CITY OF STILLWATER
Ted Kozlowski, Mayor
Beth Wolf, City Clerk
ARTREACH ST. CROIX
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DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Jesse Farrell, Deputy Director of Public Works/City Engineer
SUBJECT: Bid Open Information - Downtown Lighting Improvement Project (Project 2022-
07)
BACKGROUND
The bid opening for the Downtown Lighting Improvement Project is Monday, July 1,
2024. Following bid opening, staff will review the bids and if appropriate, intend to
supplement the City Council agenda with a recommendation to award the bid to the
lowest responsible bidder.
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THE BIRTHPLACE OF MINNESOTA
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Jesse Farrell, Deputy Director of Public Works/City Engineer
SUBJECT: Award of Bid - Downtown Lighting Improvement Project (Project 2022-07)
BACKGROUND
The bid opening for the Downtown Lighting Improvement Project was Monday, July 1,
2024. The City received four bids with the lowest bid in the amount of $ 2,548,377
submitted by Granite Ledge Electrical Contractors Inc. of Foreston, Minnesota. This was
2% lower than the engineer's estimate of $ 2,630,220. An addendum was issued prior to
bid opening to adjust the completion deadlines and allow more time for installation. This
was done in an effort to capture lower overall construction costs by giving general
contractors additional flexibility. At least 20% of the work will be completed in 2024 with
the balance being substantially complete by June 20, 2025.
The Downtown Lighting Improvement project is being funded from a variety of sources
including Municipal State Aid funds, ARPA funds and Lighting Enterprise funds.
RECOMMENDATION
Staff recommends that the City Council accept the bid submitted for the Downtown
Lighting Improvement Project, Project 2022-07, and award the contract to Granite
Ledge Electrical Contractors Inc.
ACTION REQUESTED
If Council concurs with staff recommendation, Council should pass a motion authorizing the
Mayor and Clerk to enter into contract, upon City Attorney review and adopt RESOLUTION
2024- , ACCEPTING BID AND AWARDING CONTRACT FOR THE DOWNTOWN
LIGHTING IMPROVEMENT PROJECT (PROJECT 2022-07).
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-xxx
ACCEPTING BID AND AWARDING CONTRACT FOR THE
DOWNTOWN LIGHTING IMPROVEMENT PROJECT (2022-07)
WHEREAS, pursuant to an advertisement for bids for the Downtown Lighting Project,
four bids were received by the City Engineer, opened and tabulated according to law, and
the following bids were received complying with the advertisement;
BIDDER BID
Granite Ledge Electrical Contractors Inc., Foreston, MN $ 2,548,377.02
Pember Companies, Inc., Menomonie, WI $ 2,816,726.97
Egan Company, Champlin, MN $ 3,790,178.80
Forest Lake Contracting, Inc., Forest Lake, MN $ 3,804,633.40
and
WHEREAS, it appears that Granite Ledge Electrical Contractors Inc., Foreston, MN
is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to
enter into a contract with Granite Ledge Electrical Contractors Inc., Foreston, MN in the
name of the City of Stillwater for the Downtown Lighting Project.
Adopted by the City Council this 2nd day of July 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
Attest:
Beth Wolf, City Clerk
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Tim Gladhill, Community Development Director
SUBJECT: Lora Hotel Overnight Bus Parking Request
DISCUSSION
Lora Hotel has requested the City consider a policy to allow parking of busses overnight.
Lora Hotel occasionally hosts guests that are transported via bus, and said bus needs an
appropriate overnight parking location. Staff agrees that this is a need that is generally
unaddressed by current policies. The Downtown Parking District does have multiple on-
street bus parking stalls located on the south end of Main Street, but these spaces are
time limited and technically are not authorized for overnight parking.
Staff would recommend a one-year pilot program/study This set up would require pre -
arrangement with City Staff for payment and license plate entry. Additionally, Staff would
recommend a condition of approval that busses may not idle when not actively
transporting guests.
RECOMMENDATION
The Planning Commission recommends that the City implement a one-year pilot
study/program for overnight bus parking , with opportunities at Staff Discretion in the
following locations, with a fee of $75 per bus per day.
• Lot #12
• Parking Lot north of Manitou Fund Education and Arts Center (601 Main St N)
• City Hall
• Lots #16-#18
If approved, Staff will forward a separate fee schedule amendment to add the
recommended fee to the Fee Schedule.
ACTION REQUESTED
Motion to adopt the resolution to implement a one-year pilot study/program for overnight
bus parking in the Parking Lot north of 601 Main St N, Lot #12, City Hall Parking Lot, and
Lots #16-#18, with a fee of $75 per bus per day.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-XXX
RESOLUTION APPROVING POLICY FOR OVERNIGHT PARKING O F BUSES IN THE
DOWNTOWN PARKING DISTRICT
WHEREAS, the City has received a request from Lora Hotel to include overnight bus
parking accommodations in the Downtown Parking Distr ict; and
WHEREAS, the Downtown Parking Commission reviewed the request on June 20,
2024 and recommended approval of a policy with certain conditions.
BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That
a policy for overnight bus parking in the Downtown Parking District is here by established with
the following conditions .
1. Overnight bus parking is only allowed in the following parking lots .
a. City-Owned Parking Lot North of 601 Main St N
b. Lot #12
c. Lots #16-#18
d. City Hall Parking Lot
2. Availability of overnight bus parking shall be determined by the Community
Development Director or their designee; the City reserves the right to decline a request
3. A fee shall be established separately as part of the City’s Fee Schedule, but is
recommended to be $75 per day per bus.
Adopted by the Stillwater City Council this 2nd day of July, 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Shawn Sanders, Director of Public Works
SUBJECT: Grant Agreement – Construction Grant for the
Stillwater Riverfront Park Project
BACKGROUND
The City has completed its grant application for the Stillwater Riverfront Park Project
through the Minnesota Department of Education and Economic Development ( DEED)
Office and has received approval. The City will be receiving $6.2M in funding for the
rehabilitation of the Shoddy Mill and Bergstein Buildings, courtesy docks, parking lot and
boat launch in Bridgeview Park, renovation of the Pavilion in Lowell Park and a
kayak/canoe launch, picnic shelter and trail and driveway access in Lumberjack Landing.
The final step for the City is council approval. Once all signatures have been obtained,
design and construction can begin.
RECOMMENDATION
Staff recommends approving the Grant Agreement – Construction Grant for the Stillwater
Riverfront Park Project
ACTION REQUESTED
If Council concurs with staff recommendation, they should pass a motion approving the
Grant Agreement – Construction Grant for the Stillwater Riverfront Park Project.
Generic General Fund Grant Agreement Ver - 11/23/20
for Construction Grants
General Fund
Grant Agreement – Construction Grant
for the
STILLWATER RIVERFRONT PARK
PROJECT
SPAP-23-0016-P-FY23
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 1
TABLE OF CONTENTS
RECITALS .................................................................................................................................... 1
Article I - Definitions ..................................................................................................................... 1
Section 1.01 Defined Terms .................................................................................................. 1
Article II - GRANT ........................................................................................................................ 3
Section 2.01 Grant of Monies ............................................................................................... 3
Section 2.02 Use of Grant Proceeds ...................................................................................... 3
Section 2.03 Operation of the Real Property and Facility ..................................................... 4
Section 2.04 Grant Recipient Representations and Warranties ............................................. 4
Section 2.05 Event(s) of Default ........................................................................................... 7
Section 2.06 Remedies .......................................................................................................... 7
Section 2.07 Notification of Event of Default ....................................................................... 8
Section 2.08 Term of Grant Agreement ................................................................................ 8
Section 2.09 Modification and/or Early Termination of Grant ............................................. 8
Section 2.10 Effect of Event of Default ................................................................................ 9
Section 2.11 Excess Funds .................................................................................................... 9
Article III - USE AND SALE ........................................................................................................ 9
Section 3.01 Use Contracts ................................................................................................... 9
Section 3.02 Sale ................................................................................................................. 10
Section 3.03 Proceeds of a Sale .......................................................................................... 11
Article IV - DISBURSEMENT OF GRANT PROCEEDS ......................................................... 11
Section 4.01 The Advances ................................................................................................. 11
Section 4.02 Draw Requisitions .......................................................................................... 12
Section 4.03 Additional Funds from Grant Recipient ......................................................... 12
Section 4.04 Conditions Precedent to Any Advance .......................................................... 13
Section 4.05 Construction Inspections ................................................................................ 15
Article V - MISCELLANEOUS .................................................................................................. 15
Section 5.01 Insurance ........................................................................................................ 15
Section 5.02 Condemnation ................................................................................................ 16
Section 5.03. Use, Maintenance, Repair and Alterations ..................................................... 17
Section 5.04 Records Keeping and Reporting .................................................................... 17
Section 5.05 Inspection of Facility After Completion ........................................................ 18
Section 5.06 Data Practices ................................................................................................. 18
Section 5.07 Non-Discrimination ........................................................................................ 18
Section 5.08 Worker’s Compensation ................................................................................. 18
Section 5.09 Antitrust Claims ............................................................................................. 18
Section 5.10 Review of Plans and Cost Estimates .............................................................. 18
Section 5.11 Prevailing Wages ............................................................................................ 20
Section 5.12 Liability .......................................................................................................... 20
Section 5.13 Indemnification by the Grant Recipient ......................................................... 20
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 2
Section 5.14 Relationship of the Parties.............................................................................. 21
Section 5.15 Notices ............................................................................................................ 21
Section 5.16 Binding Effect and Assignment or Modification ........................................... 22
Section 5.17 Waiver ............................................................................................................ 22
Section 5.18 Entire Agreement ........................................................................................... 22
Section 5.19 Choice of Law and Venue .............................................................................. 23
Section 5.20 Severability ..................................................................................................... 23
Section 5.21 Time of Essence ............................................................................................. 23
Section 5.22 Counterparts ................................................................................................... 23
Section 5.23 Matching Funds .............................................................................................. 23
Section 5.24 Source and Use of Funds ................................................................................ 23
Section 5.25 Project Completion Schedule ......................................................................... 24
Section 5.26 Third-Party Beneficiary .................................................................................. 24
Section 5.27 Applicability to Real Property and Facility .................................................... 24
Section 5.28 E-Verification ................................................................................................. 24
Section 5.29 Additional Requirements ................................................................................ 25
Attachment I - DECLARATION ................................................................................................. 27
Attachment II - LEGAL DESCRIPTION .................................................................................... 28
Attachment III - SOURCE AND USE OF FUNDS FOR THE PROJECTError! Bookmark not
defined.
Attachment IV - PROJECT COMPLETION SCHEDULE ......................................................... 31
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 1
General Fund
Grant Agreement - Construction Grant
for the
Stillwater Riverfront Park Project
THIS AGREEMENT shall be effective as of June 2, 2023, and is between the City of
Stillwater, a Home Rule Charter City (the “Grant Recipient”), and the Minnesota Department of
Employment and Economic Development (the “State Entity”).
RECITALS
A. Under the provisions contained in MN Session Law 2023: Chapter 72, Article 2,
Section 9, Subd. 10, the State of Minnesota has allocated $6,000,000, which is to be given to
the Grant Recipient as a grant to assist it in the predesign, design, construct, furnish, and
equip improvements to downtown, St. Croix riverfront parks, and public spaces in the city
of Stillwater. This appropriation is for an Americans with Disabilities Act-accessible,
nonmotorized public boat launch and fishing pier; restoration of hardwood and prairie grass
exploration areas, community gathering and picnic spaces, and connection to Browns Creek
State Trail at Lumberjack Landing; rehabilitation of the Lowell Park gazebo to reconstruct
failing foundation and restore historic features; development of the Chestnut Street Plaza for
pedestrian and event area uses connecting to the regional trail system; archeological
enhancements, historic features interpretation, fishing pier, picnic area, surface parking, and
boat launch facility at Bridgeview Park; rehabilitation of the Moritz Bergstein Shoddy Mill
and Warehouse, listed on the National Register of Historic Places, for visitors and hospitality
use; and public river access, public docking, and trail connections to the Stillwater
Commercial Historic District, listed on the National Register of Historic Places, and regional
trails from a transient dock; and
B. The monies allocated to fund the grant to the Grant Recipient are appropriated
money from the State of Minnesota’s general fund; and
C. The Grant Recipient and the State Entity desire to set forth herein the provisions
relating to the granting of such monies and the disbursement thereof to the Grant Recipient.
IN CONSIDERATION of the grant described and other provisions in this Agreement, the
parties to this Agreement agree as follows.
Article I - Definitions
Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have
the meanings set out respectively after each such term (the meanings to be equally applicable to
both the singular and plural forms of the terms defined), unless the context specifically indicates
otherwise:
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 2
“Advance(s)” – means an advance made or to be made by the State Entity to the Grant
Recipient and disbursed in accordance with the provisions contained in Article IV hereof.
“Agreement” - means this General Funds Grant Agreement Construction Grant for the
City of Stillwater Riverfront Park Project.
“Architect”, if any – means N/A, which will administer the Construction Contract
Documents on behalf of the Grant Recipient.
“Commissioner of Management and Budget” - means the State of Minnesota acting
through its Commissioner of Management and Budget, and any designated representatives
thereof.
“Completion Date” – means December 31, 2028, the date of projected completion of
the Project as specified in the Construction Contract Documents.
“Contractor” - means any person engaged to work on or to furnish materials and
supplies for the Project including, if applicable, a general contractor.
“Construction Contract Documents” - means the document or documents, in form and
substance acceptable to the State Entity, including but not limited to any construction plans
and specifications and any exhibits, amendments, change orders or supplements thereto,
which collectively form the contract between the Grant Recipient and the Contractor or
Contractors concerning the Project and which provide for the completion of the Project on
or before the Completion Date for either a fixed price or a guaranteed maximum price.
“Declaration” - means a declaration, or declarations, in the form as Attachment I and
all amendments thereto, indicating that the Grant Recipient’s interest in the Real Property
and, if applicable, the Facility is subject to the provisions of this Agreement.
“Draw Requisition” - means a draw requisition that the Grant Recipient, or its designee,
will submit to the State Entity when an Advance is requested, and which is referred to in
Section 4.02.
“Event of Default” - means those events delineated in Section 2.05.
“Facility”, if applicable, - means the City of Stillwater Riverfront Park, which is
located, or will be constructed and located, on the Real Property.
“Fair Market Value” – means either (i) the price that would be paid by a willing and
qualified buyer to a willing and qualified seller as determined by an appraisal which assumes
that all mortgage liens or encumbrances on the property being sold, which negatively affect
the value of such property, will be released, or (ii) the price bid by a purchaser under a public
bid procedure after reasonable public notice, with the proviso that all mortgage liens or
encumbrances on the property being sold, which negatively affect the value of such property,
will be released at the time of acquisition by the purchaser.
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 3
“Grant” - means a grant of monies from the State Entity to the Grant Recipient in an
amount of $6,000,000.
“Grant Recipient” - means the City of Stillwater, a Home Rule Charter City.
“Inspecting Engineer”, if any - means the State Entity’s construction inspector, or its
designated consulting engineer.
“Project” - means the acquisition of an interest in the Real Property and, if applicable,
the Facility, along with the performance of those activities indicated in Section 2.03.
“Real Property” - means the real property located in the County of Washington, State
of Minnesota, legally described in Attachment II.
“State Entity” - means the Minnesota Department of Employment and Economic
Development.
“Use Contract” - means a lease, management contract or other similar contract between
Grant Recipient and any other entity, and which involves or relates to the Real Property and,
if applicable, the Facility.
“Usee” - means any entity with which the Grant Recipient contracts under a Use
Contract.
“Useful Life of the Real Property and, if applicable, the Facility” – means the term set
forth in Section 2.04.T. of this Agreement.
Article II - GRANT
Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Grant
Recipient and disburse the proceeds in accordance with the provisions of this Agreement. The
Grant is not intended to be a loan.
Section 2.02 Use of Grant Proceeds. The Grant Recipient shall use the Grant solely to
reimburse itself for expenditures it has already made, or will make, in the performance of the
following activities:
(Check all appropriate boxes.)
x Acquisition of fee simple title to the Real Property;
Acquisition of a leasehold interest in the Real Property;
Acquisition of an easement on the Real Property;
x Improvement of the Real Property;
Acquisition of the Facility;
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 4
x Improvement of the Facility;
x Renovation or rehabilitation of the Facility;
Construction of the Facility; or
Section 2.03 Operation of the Real Property and Facility. The Grant Recipient shall
operate the Real Property and, if applicable, the Facility, or cause it to be operated, as public parks
and improvements to downtown and other public places in the city of Stillwater, or for such other
use as the Minnesota legislature may from time to time designate, and may enter into Use Contracts
with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use
Contracts must fully comply with all of the provisions contained in Section 3.01. The Grant
Recipient shall also annually determine that the Real Property and, if applicable, the Facility are
being so used, and shall annually supply a statement, sworn to before a notary public, to such effect
to the State Entity.
Section 2.04 Grant Recipient Representations and Warranties. The Grant Recipient
further covenants with, and represents and warrants to the State Entity as follows:
A. It has legal authority to enter into, execute, and deliver this Agreement, the
Declaration, and all documents referred to herein, and it has taken all actions necessary to its
execution and delivery of such documents.
B. This Agreement, the Declaration, and all other documents referred to herein are
the legal, valid and binding obligations of the Grant Recipient enforceable against the Grant
Recipient in accordance with their respective terms.
C. It will comply with all of the terms, conditions, provisions, covenants,
requirements, and warranties in this Agreement, the Declaration, and all other documents
referred to herein.
D. It has made no material false statement or misstatement of fact in connection with
its receipt of the Grant, and all of the information it previously submitted to the State Entity
or which it will submit to the State Entity in the future relating to the Grant or the
disbursement of any of the Grant is and will be true and correct.
E. It is not in violation of any provisions of its charter or of the laws of the State of
Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge
threatened, before any judicial body or governmental authority against or affecting it relating
to the Real Property and, if applicable, the Facility, and it is not in default with respect to any
order, writ, injunction, decree, or demand of any court or any governmental authority which
would impair its ability to enter into this Agreement, the Declaration, or any document
referred to herein, or to perform any of the acts required of it in such documents.
F. Neither the execution and delivery of this Agreement, the Declaration, or any
document referred to herein, nor compliance with any of the terms, conditions, requirements,
or provisions contained in any of such documents is prevented by, is a breach of, or will
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 5
result in a breach of, any term, condition, or provision of any agreement or document to
which it is now a party or by which it is bound.
G. The contemplated use of the Real Property and, if applicable, the Facility will not
violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or
any covenant or agreement of record relating thereto.
H. The Project was, or will be, completed in full compliance with all applicable laws,
statutes, rules, ordinances, and regulations issued by any federal, state, or local political
subdivisions having jurisdiction over the Project.
I. All applicable licenses, permits and bonds required for the performance and
completion of the Project have been, or will be, obtained.
J. All applicable licenses, permits and bonds required for the operation of the Real
Property and, if applicable, the Facility in the manner specified in Section 2.03 have been,
or will be, obtained.
K. It will operate, maintain, and manage the Real Property and, if applicable, the
Facility in compliance with all applicable laws, statutes, rules, ordinances, and regulations
issued by any federal, state, or local political subdivisions having jurisdiction over the Real
Property and, if applicable, the Facility.
L. It has, or will acquire, the following interest in the Real Property and, if
applicable, the Facility, and, in addition, will possess all easements necessary for the
operation, maintenance and management of the Real Property and, if applicable, the Facility
in the manner specified in Section 2.03:
(Check the appropriate box for the Real Property and, if applicable, for the Facility.)
Ownership Interest in the Real Property:
x Fee simple ownership of the Real Property.
A Real Property/Facility Lease for the Real Property, in form and substance
acceptable to the State Entity, for a term of at least 125% of the Useful Life of
the Real Property and, if applicable, Facility, which cannot be prematurely
cancelled or terminated without the prior written consent of the State Entity.
(If the term of the Real Property/Facility Lease is for a term authorized by
a Minnesota statute, rule or session law, then insert the citation:
________________.)
An easement for the Real Property, in form and substance acceptable to the
State Entity, for a term of at least 125% of the Useful Life of the Real Property
and, if applicable, Facility, which cannot be prematurely cancelled or
terminated without the prior written consent of the State Entity.
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(If the term of the easement is for a term authorized by a Minnesota statute,
rule or session law, then insert the citation: ________________.)
Ownership Interest in, if applicable, the Facility:
x Fee simple ownership of the Facility.
A Real Property/Facility Lease for the Real Property, in form and substance
acceptable to the State Entity, for a term of at least 125% of the Useful Life of
the Real Property and, if applicable, Facility, which cannot be prematurely
cancelled or terminated without the prior written consent of the State Entity.
(If the term of the Real Property/Facility Lease is for a term authorized by a
Minnesota statute, rule or session law, then insert the citation:
________________.)
Not applicable because there is no Facility.
and such interests are or will be subject only to those easements, covenants, conditions and
restrictions that will not materially interfere with the completion of the Project and the
intended operation and use of the Real Property and, if applicable, the Facility, or those
easements, covenants, conditions and restrictions which are specifically consented to, in
writing, by the State Entity.
M. It will fully enforce the terms and conditions contained in any Use Contract.
N. It has complied with the matching funds requirement, if any, contained in Section
5.23.
O. It will supply, or cause to be supplied, whatever funds are needed above and
beyond the amount of the Grant to complete and fully pay for the Project.
P. The Project will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and will be situated entirely on the Real
Property.
Q. It will require the Contractor or Contractors to comply with all rules, regulations,
ordinances, and laws bearing on its conduct of work on the Project.
R. It will not allow any lien or encumbrance that is prior and superior to the
Declaration to be created on or imposed upon the Real Property, whether such lien or
encumbrance is voluntary or involuntary and including but not limited to a mechanic’s lien
or a mortgage lien, without the prior written consent of the State Entity.
S. It will furnish to the State Entity as soon as possible and in any event within 7
calendar days after the Grant Recipient has obtained knowledge of the occurrence of each
Event of Default, or each event which with the giving of notice or lapse of time or both
would constitute an Event of Default, a statement setting forth details of each Event of
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Default, or event which with the giving of notice or upon the lapse of time or both would
constitute an Event of Default, and the action which the Grant Recipient proposes to take
with respect thereto.
T. The Useful Life of the Real Property and, if applicable, Facility is 30 years.
U. It shall furnish such satisfactory evidence regarding the representations and
warranties described herein as may be required and requested in writing by either the State
Entity or the Commissioner of Management and Budget.
Section 2.05 Event(s) of Default. The following events shall, unless waived in writing
by the State Entity, constitute an Event of Default under this Agreement upon the State Entity
giving the Grant Recipient 30 days written notice of such event, and the Grant Recipient’s failure
to cure such event during such 30 day time period for those Events of Default that can be cured
within 30 days or within whatever time period is needed to cure those Events of Default that cannot
be cured within 30 days as long as the Grant Recipient is using its best efforts to cure and is making
reasonable progress in curing such Events of Default, however, in no event shall the time period
to cure any Event of Default exceed 6 months. Notwithstanding the foregoing, any of the following
events that cannot be cured shall, unless waived in writing by the State Entity, constitute an Event
of Default under this Agreement immediately upon the State Entity giving the Grant Recipient
written notice of such event.
A. If any representation, covenant, or warranty made by the Grant Recipient herein,
in any Draw Requisition, or in any other document furnished pursuant to this Agreement, or
in order to induce the State Entity to make any Advance, shall prove to have been untrue or
incorrect in any material respect or materially misleading as of the time such representation,
covenant, or warranty was made.
B. If the Grant Recipient fails to fully comply with any provision, term, condition,
covenant, or warranty contained in this Agreement, the Declaration, or any other document
referred to herein.
Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time
thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity
or the Commissioner of Management and Budget may enforce any or all of the following remedies.
A. The State Entity may refrain from disbursing the Grant; provided, however, the
State Entity may make Advances after the occurrence of an Event of Default without thereby
waiving its rights and remedies hereunder.
B. The Commissioner of Management and Budget, as a third-party beneficiary of
this Agreement, may demand that the portion of the Grant already disbursed to the Grant
Recipient be returned to it, and upon such demand the Grant Recipient shall return such
portion to the Commissioner of Management and Budget.
C. Either the State Entity or the Commissioner of Management and Budget, as a
third-party beneficiary of this Agreement, may enforce any additional remedies they may
have in law or equity.
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The rights and remedies herein specified are cumulative and not exclusive of any rights or
remedies that the State Entity or the Commissioner of Management and Budget would otherwise
possess.
If the Grant Recipient does not repay any portion of the amount specified in Section 2.06.B
within 30 days of demand by either the State Entity or the Commissioner of Management and
Budget, then such amount may, unless precluded by law, be taken from or off-set against any aids
or other monies that the Grant Recipient is entitled to receive from the State of Minnesota.
Section 2.07 Notification of Event of Default. The Grant Recipient shall furnish to both
the State Entity and the Commissioner of Management and Budget, as soon as possible and in any
event within 7 calendar days after it has obtained knowledge of the occurrence of each Event of
Default or each event which with the giving of notice or lapse of time or both would constitute an
Event of Default, a statement setting forth details of each Event of Default or event which with the
giving of notice or upon the lapse of time or both would constitute an Event of Default and the
action which the Grant Recipient proposes to take with respect thereto.
Section 2.08 Term of Grant Agreement. This Agreement shall, unless earlier
terminated in accordance with any of the provisions contained herein, remain in full force and
effect for the time period starting on the effective date hereof and ending on the date that
corresponds to the date established by adding a time period equal to 125% of Useful Life of the
Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable,
Facility is first used for the purpose set forth in Section 2.03 after such effective date. If there are
no uncured Events of Default as of such date this Agreement shall terminate and no longer be of
any force or effect, and the State Entity shall execute whatever documents are needed to release
the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration.
Section 2.09 Modification and/or Early Termination of Grant. If the Project is not
started on or before December 31, 2027, or such later date to which the Grant Recipient and the
State Entity may agree in writing, then, the State Entity’s obligation to fund the Grant shall
terminate, and, in such event, (i) if none of the Grant has been disbursed by such date then the
State Entity’s obligation to fund any portion of the Grant shall terminate and this Agreement shall
also terminate and no longer be of any force or effect, and (ii) if some but not all of the Grant has
been disbursed by such date then the State shall have no further obligation to provide any
additional funding for the Grant and this Agreement shall remain in full force and effect but shall
be modified and amended to reflect the amount of the Grant that was actually disbursed as of such
date.
In addition, if all of the Grant has not been disbursed on or before the date that is 5 years
from the effective date of this Agreement, then the State Entity’s obligation to continue to fund
the Grant shall terminate, and, in such event, (y) if none of the Grant has been disbursed by such
date then the State Entity’s obligation to fund any portion of the Grant shall terminate and this
Agreement shall also terminate and no longer be of any force or effect, and (z) if some but not all
of the Grant has been disbursed by such date then the State Entity shall have no further obligation
to provide any additional funding under the Grant and this Agreement shall remain if full force
and effect but shall be modified and amended to reflect the amount of the Grant that was actually
disbursed as of such date.
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This Agreement shall also terminate and no longer be of any force or effect upon (a) the
termination of the Grant Recipient’s leasehold or easement interest in the Real Property in
accordance with the terms of such lease or easement, or (b) the sale of the Grant Recipient’s
interest in the Real Property and, if applicable, the Facility in accordance with the provisions
contained in Section 3.02 and transmittal of all or a portion of the proceeds of such sale to the
Commissioner of Management and Budget in compliance with the provisions contained in Section
3.03. Upon such termination the State Entity shall execute and deliver to the Grant Recipient such
documents as are required to release the Real Property and, if applicable, the Facility, from the
effect of the Declaration.
In the event that the legislation that authorized the Grant is amended to increase or reduce
the amount of the Grant or in any other way, then this Agreement shall be deemed to have been
automatically modified in accordance with such amendment and the amount of the Grant shall
also be automatically modified in accordance with such amendment.
Section 2.10 Effect of Event of Default. If an Event of Default occurs and the Grant
Recipient is required to and does return the amount specified in Section 2.06.B to the
Commissioner of Management and Budget, then the following shall occur.
A. This Agreement shall survive and remain in full force and effect.
B. The amount returned by the Grant Recipient shall be credited against any amount
that shall be due to the Commissioner of Management and Budget under Section 3.03 and
against any amount that becomes due and payable because of any other Event of Default.
Section 2.11 Excess Funds. If the full amount of the Grant and any matching funds
referred to in Section 5.23 are not needed to complete the Project, then, unless language in the
legislation that authorized the Grant indicates otherwise, the Grant shall be reduced by the amount
not needed.
Article III - USE AND SALE
Section 3.01 Use Contracts. Each and every Use Contract that the Grant Recipient enters
into must comply with the following requirements:
A. The purpose for which the Use Contract was entered into must be a governmental
purpose.
B. It must contain a provision setting forth the statutory authority under which the
Grant Recipient is entering into the Use Contract and must comply with the substantive and
procedural provisions of such statute.
C. It must contain a provision stating that the Use Contract is being entered into in
order to carry out the purpose for which the Grant was allocated and must recite the purpose.
D. It must be for a term, including any renewals that are solely at the option of the
Grant Recipient, that is, if applicable, substantially less than the useful life of the structures
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and improvements that make up the Facility, but may allow for renewals beyond the original
term upon a determination by the Grant Recipient that the use continues to carry out the
specific purpose for which the Grant was allocated. A term that is equal to or shorter than
50% of the useful life of the structures and improvements that make up the Facility will meet
the requirement that it be for a time period that is substantially shorter than the useful life of
such structures and improvements.
E. It must allow for termination by the Grant Recipient in the event of a default
thereunder by the Usee, or in the event that the specific purpose for which the Grant was
allocated is terminated or changed.
F. It must require the Usee to pay all costs of operation and maintenance of the Real
Property and, if applicable, the Facility, unless the Grant Recipient is authorized by law to
pay such costs and agrees to pay such costs.
G. If the amount of the Grant exceeds $200,000.00, then it must contain a provision
requiring the Usee to list any vacant or new positions it may have with state workforce
centers as required by Minn. Stat. § 116L.66, Subd. 1, as it may be amended, modified or
replaced from time to time, for the term of the Use Contract.
Section 3.02 Sale. The Grant Recipient shall not sell any part of its ownership interest in
the Real Property or, if applicable, the Facility unless all of the following provisions have been
complied with fully.
A. The Grant Recipient determines, by official action, that it is no longer usable or
needed as public parks and improvements to downtown and other public places
in the city of Stillwater.
B. The sale is made as authorized by law.
C. The sale is for Fair Market Value.
D. Written notice of such proposed sale has been supplied to both the State Entity
and the Commissioner of Management and Budget at least 30 days prior thereto.
The acquisition of the Grant Recipient’s interest in the Real Property and, if applicable,
the Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or
enforcement of a security interest in personal property used in the operation of thereof, by a
lender that has provided monies for the acquisition of the Grant Recipient’s interest in or
betterment of the Real Property and, if applicable, the Facility shall not be considered a sale
for the purposes of this Agreement if after such acquisition the lender operates such portion
of the Real Property and, if applicable, the Facility in a manner which is not inconsistent with
the program specified in Section 2.03 and the lender uses its best efforts to sell such acquired
interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of
the acquired interest in the Real Property and, if applicable, the Facility shall be deemed to
be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in
accordance with the provisions contained in Section 3.03.
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for Construction Grants 11
Section 3.03 Proceeds of a Sale. Upon the sale of the Grant Recipient’s interest in the
Real Property and, if applicable, the Facility the net proceeds thereof shall be disbursed in the
following manner and order.
A. The first distribution shall be to the Commissioner of Management and Budget
in an amount equal to the amount of the Grant actually disbursed, and if the amount of such
net proceeds shall be less than the amount of the Grant actually disbursed then all of such
net proceeds shall be distributed to the Commissioner of Management and Budget.
B. The remaining portion, after the distribution specified in Section 3.03.A, shall be
distributed to pay in full any outstanding public or private debt incurred to acquire the Grant
Recipient’s interest in or for the betterment of the Real Property and, if applicable, the
Facility in the order of priority of such debt.
C. Any remaining portion, after the distributions specified in Sections 3.03A and B,
shall be divided and distributed in proportion to the shares contributed to the acquisition of
the Grant Recipient’s interest in or for the betterment of the Real Property and, if applicable,
the Facilities by public and private entities, including the State Entity but not including any
private entity that has been paid in full, that supplied funds in either real monies or like-kind
contributions for such acquisition and betterment, and the State Entity’s distribution shall be
made to the Commissioner of Management and Budget. Such public and private entities
may agree amongst themselves as to any redistribution of such distributed funds.
The Grant Recipient shall not be required to pay or reimburse the State Entity for any funds
above and beyond the full net proceeds of such sale, even if such net proceeds are less than the
amount of the Grant actually disbursed.
Article IV - DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. The State Entity agrees, on the terms and subject to the
conditions set forth herein, to make Advances from the Grant to the Grant Recipient from time to
time in an aggregate total amount equal to the amount of the Grant. Provided, however, in
accordance with the provisions contained in Section 2.08, the State Entity’s obligation to make
Advances shall terminate as of the date which occurs 5 years from the effective date of this
Agreement even if all of the Grant has not been disbursed by such date.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not
exceed the rate of completion of the Project or the rate of disbursement of the matching funds
required, if any, under Section 5.23. Therefore, the cumulative amount of all Advances disbursed
by the State Entity at any point in time shall not exceed the portion of the Project that has been
completed and the percentage of the matching funds required, if any, under Section 5.23 that have
been disbursed as of such point in time. This requirement is expressed by way of the following
two formulas:
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Formula #1
Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required
under Section 5.23 that have been disbursed)
Formula #2
Cumulative Advances < (Program Grant) × (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Grant Recipient desires a disbursement
of a portion of the Grant, which shall be no more often than once each calendar month, the Grant
Recipient shall submit to the State Entity a Draw Requisition duly executed on behalf of the Grant
Recipient or its designee. Each Draw Requisition shall be submitted on or between the 1st day
and the 15th day of the month in which an Advance is requested and shall be submitted at least 7
calendar days before the date the Advance is desired. Each Draw Requisition with respect to
construction items shall be limited to amounts equal to: (i) the total value of the classes of the work
by percentage of completion as approved by the Grant Recipient and the State Entity, plus (ii) the
value of materials and equipment not incorporated in the Project but delivered and suitably stored
on or off the Project site in a manner acceptable to the State Entity, less (iii) any applicable
retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off
the Project site will be made by the State Entity unless the Grant Recipient shall advise the State
Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity
has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw Requisition,
the Grant Recipient shall submit to the State Entity such supporting evidence as may be requested
by the State Entity to substantiate all payments which are to be made out of the relevant Draw
Requisition or to substantiate all payments then made with respect to the Project.
At the time of submission of the final Draw Requisition which shall not be submitted before
substantial completion of the Project, including all landscape requirements and off-site utilities
and streets needed for access to the Project and correction of material defects in workmanship or
materials (other than the completion of punch list items) as provided in the Construction Contract
Documents, the Grant Recipient shall submit to the State Entity: (i) such supporting evidence as
may be requested by the State Entity to substantiate all payments which are to be made out of the
final Draw Requisition or to substantiate all payments then made with respect to the Project, and
(ii) satisfactory evidence that all work requiring inspection by municipal or other governmental
authorities having jurisdiction has been duly inspected and approved by such authorities, and that
all requisite certificates of occupancy and other approvals have been issued.
If on the date an Advance is desired the Grant Recipient has complied with all requirements
of this Agreement and the State Entity approves the relevant Draw Requisition and receives a
current construction report from the Inspecting Engineer recommending payment, then the State
Entity shall disburse the amount of the requested Advance to the Grant Recipient.
Section 4.03 Additional Funds from Grant Recipient. If the State Entity shall at any
time in good faith determine that the sum of the undisbursed amount of the Grant plus the amount
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of all other funds committed to the completion of the Project is less than the amount required to
pay all costs and expenses of any kind which reasonably may be anticipated in connection with
the completion of the Project, then the State Entity may send written notice thereof to the Grant
Recipient specifying the amount which must be supplied in order to provide sufficient funds to
complete the Project. The Grant Recipient agrees that it will, within 10 calendar days of receipt
of any such notice, supply or have some other entity supply the amount of funds specified in the
State Entity’s notice.
Section 4.04 Conditions Precedent to Any Advance. The obligation of the State Entity
to make any Advance hereunder (including the initial Advance) shall be subject to the following
conditions precedent:
A. The State Entity shall have received a Draw Requisition for such Advance
specifying the amount of funds being requested, which such amount when added to all prior
requests for an Advance shall not exceed the maximum amount of the Grant set forth in
Section 1.01.
B. The State Entity shall have either received a duly executed Declaration that has
been duly recorded in the appropriate governmental office, with all of the recording
information displayed thereon, or evidence that such Declaration will promptly be recorded
and delivered to the State Entity.
C. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that (i) the Grant Recipient has legal authority to and has taken all actions
necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the
Declaration are binding on and enforceable against the Grant Recipient.
D. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that the Grant Recipient has sufficient funds to fully and completely
pay for the entire Project and all other expenses that may occur in conjunction therewith.
E. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Grant Recipient is in compliance with the matching funds
requirements, if any, contained in Section 5.23.
F. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, showing that the Grant Recipient currently possesses or will use the Grant
to acquire the ownership interest delineated in Section 2.04.L.
G. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Real Property and, if applicable, the Facility and the contemplated
use thereof are permitted by and will comply with all applicable use or other restrictions and
requirements imposed by applicable zoning ordinances or regulations and have been duly
approved by the applicable municipal or governmental authorities having jurisdiction.
H. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that all applicable and required building permits, other permits, bonds
and licenses necessary for the completion of the Project have been paid for, issued, and
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obtained, other than those permits, bonds and licenses which may not lawfully be obtained
until a future date or those permits, bonds and licenses which in the ordinary course of
business would normally not be obtained until a later date.
I. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that all applicable and required permits, bonds and licenses necessary
for the operation of the Real Property and, if applicable, the Facility in the manner specified
in Section 2.03 have been paid for, issued, and obtained, other than those permits, bonds and
licenses which may not lawfully be obtained until a future date or those permits, bonds and
licenses which in the ordinary course of business would normally not be obtained until a
later date.
J. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Project will be completed in a manner that will allow the Real
Property and, if applicable, the Facility to be operated in the manner specified in Section
2.03.
K. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that the Grant Recipient has the ability and a plan to fund the program
which will be operated on the Real Property and, if applicable, in the Facility.
L. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Construction Contract Documents are in place and are fully and
completely enforceable.
M. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Contractor will complete the Project substantially in conformance
with the Construction Contract Documents and pay all amounts lawfully owing to all
laborers and materialmen who worked on the Project or supplied materials therefor, other
than amounts being contested in good faith. Such evidence may be in the form of payment
and performance bonds in amounts equal to or greater than the amount of the fixed price or
guaranteed maximum price contained in the Construction Contract Documents which name
the State Entity and the Grant Recipient dual obligees thereunder, or such other evidence as
may be acceptable to the Grant Recipient and the State Entity.
N. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that the policies of insurance required under Section 5.01 are in full
force and effect.
O. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, of compliance with the provisions and requirements specified in Section
5.10 and all additional applicable provisions and requirements contained in Minn. Stat.
§ 16B.335 that exists as of the date of this Agreement and as such may subsequently be
amended, modified or replaced from time to time. Such evidence shall include, but not be
limited to, evidence that: (i) the predesign package referred to in Section 5.10.B has been
reviewed by and received a favorable recommendation from the Commissioner of
Administration for the State of Minnesota, (ii) the program plan and cost estimates referred
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for Construction Grants 15
to in Section 5.10.C have received a recommendation by the Chairs of the Minnesota State
Senate Finance Committee and Minnesota House of Representatives Ways and Means
Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of
Representatives Capital Investment Committee and the Chair and Ranking Minority Member
of the Minnesota Senate Capital Investment Committee have been notified pursuant to
Section 5.10.G.
P. No determination shall have been made by the State Entity that the amount of
funds committed to the completion of the Project is less than the amount required to pay all
costs and expenses of any kind which reasonably may be anticipated in connection with the
completion of the Project, or if such a determination has been made and notice thereof sent
to the Grant Recipient then the Grant Recipient has supplied or has caused some other entity
to supply the necessary funds in accordance with Section 4.03, or to provide evidence
acceptable to the State Entity that sufficient funds are available.
Q. No Event of Default under this Agreement or event which would constitute an
Event of Default but for the requirement that notice be given or that a period of grace or time
elapse shall have occurred and be continuing.
R. The Grant Recipient has supplied to the State Entity all other items that the State
Entity may reasonably require.
Section 4.05 Construction Inspections. The Grant Recipient and the Architect, if any,
shall be responsible for making their own inspections and observations of the Project, and shall
determine to their own satisfaction that the work done, or materials supplied by the Contractors to
whom payment is to be made out of each Advance has been properly done or supplied in
accordance with the applicable contracts with such Contractors. If any work done or materials
supplied by a Contractor are not satisfactory to the Grant Recipient and the Architect, if any, or if
a Contractor is not in material compliance with the Construction Contract Documents in any
respect, then the Grant Recipient shall immediately notify the State Entity, in writing. The State
Entity and the Inspecting Engineer may conduct such inspections of the Project as either may deem
necessary for the protection of the State Entity’s interest, and that any inspections which may be
made of the Project by the State Entity or the Inspecting Engineer are made and all certificates
issued by the Inspecting Engineer will be issued solely for the benefit and protection of the State
Entity, and the Grant Recipient will not rely thereon.
Article V - MISCELLANEOUS
Section 5.01 Insurance. The Grant Recipient shall maintain or cause to be maintained
builders risk insurance and fire and extended coverage insurance on the Facility, if such exists, in
an amount equal to the full insurable value thereof and shall name the State Entity as loss payee
thereunder. If damages which are covered by such required insurance occurs to the Facility, if
such exists, then the Grant Recipient shall, at its sole option and discretion, either: (i) use or cause
the insurance proceeds to be used to fully or partially repair such damage and to provide or cause
to be provided whatever additional funds that may be needed to fully or partially repair such
damage, or (ii) sell its interest in the Real Property and the damaged Facility, if such exists, in
accordance with the provisions contained in Section 3.02. If the Grant Recipient elects to only
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partially repair such damage, then the portion of the insurance proceeds which are not used for
such repair shall be applied in accordance with the provisions contained in Section 3.03 as if the
Grant Recipient’s interest in the Real Property and Facility, if such exists, had been sold, and such
amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate
sale of the Grant Recipient’s interest in the Real Property and Facility, if such exists. If the Grant
Recipient elects to sell its interest in the Real Property and the damaged Facility, if such exists,
then such sale must occur within a reasonable time period from the date the damage occurred and
the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in
accordance with the provisions contained in Section 3.03, with the insurance proceeds being so
applied within a reasonable time period from the date they are received by the Grant Recipient.
As loss payee under the insurance required herein the State Entity agrees to and will assign
or pay over to the Grant Recipient all insurance proceeds it receives so that the Grant Recipient
can comply with the requirements that this Section 5.01 imposes upon the Grant Recipient as to
the use of such insurance proceeds.
If the Grant Recipient elects to maintain general comprehensive liability insurance regarding
the Real Property and Facility, if such exists, then the Grant Recipient shall have the State Entity
named as an additional named insured therein.
At the written request of either the State Entity or the Commissioner of Management and
Budget, the Grant Recipient shall promptly furnish thereto all written notices and all paid premium
receipts received by the Grant Recipient regarding the required insurance, or certificates of
insurance evidencing the existence of such required insurance.
Section 5.02 Condemnation. If all or any portion of the Real Property and, if applicable,
the Facility is condemned to an extent that the Grant Recipient can no longer comply with the
provisions contained in Section 2.03, then the Grant Recipient shall, at its sole option and
discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in
additional real property needed for the Grant Recipient to continue to comply with the provisions
contained in Section 2.03 and, if applicable, to fully or partially restore the Facility and to provide
or cause to be provided whatever additional funds that may be needed for such purposes, or (ii)
sell the remaining portion of its interest in the Real Property and, if applicable, the Facility in
accordance with the provisions contained in Section 3.02. Any condemnation proceeds which are
not used to acquire an interest in additional real property or to restore, if applicable, the Facility
shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant
Recipient’s interest in the Real Property and, if applicable, the Facility had been sold, and such
amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate
sale of the Grant Recipient’s interest in the Real Property and, if applicable, the Facility. If the
Grant Recipient elects to sell its interest in the portion of the Real Property and, if applicable, the
Facility that remains after the condemnation, then such sale must occur within a reasonable time
period from the date the condemnation occurred and the cumulative sum of the condemnation
proceeds plus the proceeds of such sale must be applied in accordance with the provisions
contained in Section 3.03, with the condemnation proceeds being so applied within a reasonable
time period from the date they are received by the Grant Recipient.
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 17
As recipient of any of condemnation awards or proceeds referred to herein, the State Entity
agrees to and will disclaim, assign or pay over to the Grant Recipient all of such condemnation
awards or proceeds it receives so that the Grant Recipient can comply with the requirements which
this Section 5.02 imposes upon the Grant Recipient as to the use of such condemnation awards or
proceeds.
Section 5.03. Use, Maintenance, Repair and Alterations. The Grant Recipient shall not,
without the written consent of the State Entity, permit or suffer the use of any of the Real Property
and, if applicable, the Facility, for any purpose other than the use for which the same is intended
as of the effective date of this Agreement. In addition, the Grant Recipient: (i) shall keep the Real
Property and, if applicable, the Facility, in good condition and repair, subject to reasonable and
ordinary wear and tear, (ii) shall not, written consent of the State Entity, remove, demolish or
substantially alter (except such alterations as may be required by laws, ordinances or regulations)
any of the Facility, if applicable, (iii) shall not do any act or thing which would unduly impair or
depreciate the value of the Real Property and, if applicable, the Facility, (iv) shall not abandon the
Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and
workmanlike manner any building or other improvement which may be constructed on the Real
Property and promptly restore in like manner any portion of the Facility, if applicable, which may
be damaged or destroyed thereon and pay when due all claims for labor performed and materials
furnished therefor, (vi) shall comply with all laws, ordinances, regulations, requirements,
covenants, conditions and restrictions now or hereafter affecting the Real Property and, if
applicable, the Facility, or any part thereof, or requiring any alterations or improvements thereto,
(vii) shall not commit or permit any waste or deterioration of the Real Property and, if applicable,
the Facility, (viii) shall keep and maintain abutting grounds, sidewalks, roads, parking and
landscape areas in good and neat order and repair, (ix) shall comply with the provisions of any
lease if the Grant Recipient’s interest in the Real Property and, if applicable, the Facility, is a
leasehold interest, (x) shall comply with the provisions of any condominium documents if the Real
Property and, if applicable, the Facility, is part of a condominium regime, (xi) shall not remove
any fixtures or personal property from the Real Property and, if applicable, the Facility, that was
paid for with the proceeds of the Grant unless the same are immediately replaced with like property
of at least equal value and utility, and (xii) shall not commit, suffer or permit any act to be done in
or upon the Real Property and, if applicable, the Facility, in violation of any law, ordinance or
regulation.
Section 5.04 Records Keeping and Reporting. The Grant Recipient shall maintain or
cause to be maintained books, records, documents and other evidence pertaining to the costs or
expenses associated with the completion of the Project and operation of the Real Property and, if
applicable, the Facility, and compliance with the requirements contained in this Agreement, and
upon request shall allow or cause the entity which is maintaining such items to allow the State
Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State
Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of its books, records,
papers, or other documents relevant to the Grant. The Grant Recipient shall use or cause the entity
which is maintaining such books and records to use generally accepted accounting principles in
the maintenance of such books and records and shall retain or cause to be retained all of such
books, records, documents and other evidence for a period of 6 years from the date that the Project
is fully completed and placed into operation.
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 18
Section 5.05 Inspection of Facility After Completion. Upon reasonable request by the
State Entity the Grant Recipient shall allow, and will require any entity to whom it leases,
subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, the
Facility to allow, the State Entity to inspect the Real Property and, if applicable, the Facility.
Section 5.06 Data Practices. The Grant Recipient agrees with respect to any data that it
possesses regarding the Grant, the Project, or the Real Property and, if applicable, the Facility, to
comply with all of the provisions and restrictions contained in the Minnesota Government Data
Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this
Agreement and as such may subsequently be amended, modified or replaced from time to time.
Section 5.07 Non-Discrimination. The Grant Recipient agrees to not engage in
discriminatory employment practices in the completion of the Project, or operation or management
of the Real Property and, if applicable, the Facility, and it shall, with respect to such activities,
fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181 that exists
as of the date of this Agreement and as such may subsequently be amended, modified or replaced
from time to time.
Section 5.08 Worker’s Compensation. The Grant Recipient agrees to comply with all
of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, Subd. 2
and 176.182 that exists as of the date of this Agreement and as such may subsequently be amended,
modified or replaced from time to time, with respect to the completion of the Project, and the
operation or management of the Real Property and, if applicable, the Facility.
Section 5.09 Antitrust Claims. The Grant Recipient hereby assigns to the State Entity
and the Commissioner of Management and Budget all claims it may have for over charges as to
goods or services provided in its completion of the Project, and operation or management of the
Real Property and, if applicable, the Facility that arise under the antitrust laws of the State of
Minnesota or of the United States of America.
Section 5.10 Review of Plans and Cost Estimates. The Grant Recipient agrees to
comply with all applicable provisions and requirements contained in Minn. Stat. § 16B.335 that
exists as of the date of this Agreement and as such may subsequently be amended, modified or
replaced from time to time, for the Project, and in accordance therewith the Grant Recipient and
the State Entity agree to comply with the following provisions and requirements if such provisions
and requirements are applicable.
A. The Grant Recipient shall provide all information that the State Entity may
request in order for the State Entity to determine that the Project will comply with the
provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended,
modified or replaced from time to time.
B. Prior to its proceeding with design activities for the Project the Grant Recipient
shall prepare a predesign package and submit it to the Commissioner of Administration for
the State of Minnesota for review and comment. The predesign package must be sufficient
to define the purpose, scope, cost, and projected schedule for the Project, and must
demonstrate that the Project has been analyzed according to appropriate space and needs
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 19
standards. Any substantial changes to such predesign package must be submitted to the
Commissioner of Administration for the State of Minnesota for review and comment.
C. If the Project includes the construction of a new building, substantial addition to
an existing building, a substantial change to the interior configuration of an existing building,
or the acquisition of an interest in land, then the Grant Recipient shall not prepare final plans
and specifications until it has prepared a program plan and cost estimates for all elements
necessary to complete the Project and presented them to the Chairs of the Minnesota State
Senate Finance Committee and Minnesota House of Representatives Ways and Means
Committee and the chairs have made their recommendations, and it has notified the Chair
and Ranking Minority Member of the Minnesota House of Representatives Capital
Investment Committee and the Chair and Ranking Minority Member of the Minnesota State
Senate Capital Investment Committee. The program plan and cost estimates must note any
significant changes in the work to be performed on the Project, or in its costs, which have
arisen since the appropriation from the legislature for the Project was enacted or which differ
from any previous predesign submittal.
D. The Grant Recipient must notify the Chairs and Ranking Minority Members of
the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees of any
significant changes to the program plan and cost estimates referred to in Section 5.10.C.
E. The program plan and cost estimates referred to in Section 5.10.C must ensure
that the Project will comply with all applicable energy conservation standards contained in
law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or
replaced from time to time, and all rules adopted thereunder.
F. If any of the Grant is to be used for the construction or remodeling of the Facility,
then both the predesign package referred to in Section 5.10.B and the program plan and cost
estimates referred to in Section 5.10.C must include provisions for cost-effective information
technology investments that will enable the occupant of the Facility to reduce its need for
office space, provide more of its services electronically, and decentralize its operations.
G. If the Project does not involve the construction of a new building, substantial
addition to an existing building, substantial change to the interior configuration of an existing
building, or the acquisition of an interest in land, then prior to beginning work on the Project
the Grant Recipient shall just notify the Chairs and Ranking Minority Members of the
Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees that the
work to be performed is ready to begin.
H. The Project must be: (i) completed in accordance with the program plan and cost
estimates referred to in Section 5.10.C, (ii) completed in accordance with the time schedule
contained in the program plan referred to in Section 5.10.C, and (iii) completed within the
budgets contained in the cost estimates referred to in Section 5.10.C.
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 20
Provided, however, the provisions and requirements contained in this Section 5.10 only apply
to public lands or buildings or other public improvements of a capital nature, and shall not apply
to the demolition or decommissioning of state assets, hazardous material projects, utility
infrastructure projects, environmental testing, parking lots, parking structures, park and ride
facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting,
fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or
heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater
retention systems, water access sites, harbors, sewer separation projects, water and wastewater
facilities, port development projects for which the Commissioner of Transportation for the State
of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be
amended, modified or replaced from time to time, ice centers, local government projects with a
construction cost of less than $1,500,000.00, or any other capital project with a construction cost
of less than $750,000.00.
Section 5.11 Prevailing Wages. The Grant Recipient agrees to comply with all of the
applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified
or replaced from time to time with respect to the Project and the operation of the Real Property
and, if applicable, Facility as intended by the Minnesota Legislature. By agreeing to this provision,
the Grant Recipient is not acknowledging or agreeing that the cited provisions apply to the Project
or to the operation of the Real Property and, if applicable, Facility.
Section 5.12 Liability. The Grant Recipient and the State Entity agree that they will,
subject to any indemnifications provided herein, be responsible for their own acts and the results
thereof to the extent authorized by law, and they shall not be responsible for the acts of the other
party and the results thereof. The liability of both the State Entity and the Commissioner of
Management and Budget is governed by the provisions contained in Minn. Stat. § 3.736, as it may
be amended, modified or replaced from time to time. If the Grant Recipient is a “municipality” as
such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this
Agreement and as such may subsequently be amended, modified or replaced from time to time,
then the liability of the Grant Recipient, including but not limited to the indemnification provided
under Section 5.13, is governed by the provisions contained in such Chapter 466.
Section 5.13 Indemnification by the Grant Recipient. The Grant Recipient shall bear
all loss, expense (including attorneys’ fees), and damage in connection with the completion of the
Project or operation of the Real Property and, if applicable, the Facility, and agrees to indemnify
and hold harmless the State Entity, the Commissioner of Management and Budget, and the State
of Minnesota, their agents, servants and employees from all claims, demands and judgments made
or recovered against the State Entity, the Commissioner of Management and Budget, and the State
of Minnesota, their agents, servants and employees, because of bodily injuries, including death at
any time resulting therefrom, or because of damages to property of the State Entity, the State of
Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental
to, or in connection with the completion of the Project or operation of the Real Property and, if
applicable, the Facility, whether or not due to any act of omission or commission, including
negligence of the Grant Recipient or any Contractor or his or their employees, servants or agents,
and whether or not due to any act of omission or commission (excluding, however, negligence or
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 21
breach of statutory duty) of the State Entity, the Commissioner of Management and Budget, and
the State of Minnesota, their employees, servants or agents.
The Grant Recipient further agrees to indemnify, save, and hold the State Entity, the
Commissioner of Management and Budget, and the State of Minnesota, their agents and
employees, harmless from all claims arising out of, resulting from, or in any manner attributable
to any violation by the Grant Recipient, its officers, employees, or agents, or by any Usee, its
officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act,
including legal fees and disbursements paid or incurred to enforce the provisions contained in
Section 5.06.
The Grant Recipient’s liability hereunder shall not be limited to the extent of insurance
carried by or provided by the Grant Recipient, or subject to any exclusions from coverage in any
insurance policy.
Section 5.14 Relationship of the Parties. Nothing contained in this Agreement is
intended or should be construed in any manner as creating or establishing the relationship of co-
partners or a joint venture between the Grant Recipient, the State Entity, or the Commissioner of
Management and Budget, nor shall the Grant Recipient be considered or deemed to be an agent,
representative, or employee of either the State Entity, the Commissioner of Management and
Budget, or the State of Minnesota in the performance of this Agreement, the completion of the
Project, or operation of the Real Property and, if applicable, the Facility.
The Grant Recipient represents that it has already or will secure or cause to be secured all
personnel required for the performance of this Agreement and the completion of the Project and
the operation and maintenance of the Real Property and, if applicable, the Facility. All personnel
of the Grant Recipient or other persons while engaging in the performance of this Agreement, the
completion of the Project, or the operation and maintenance of the Real Property and, if applicable,
the Facility shall not have any contractual relationship with either the State Entity, the
Commissioner of Management and Budget, or the State of Minnesota and shall not be considered
employees of any of such entities. In addition, all claims that may arise on behalf of said personnel
or other persons out of employment or alleged employment including, but not limited to, claims
under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against
the Grant Recipient, its officers, agents, contractors, or employees shall in no way be the
responsibility of either the State Entity, the Commissioner of Management and Budget, or the State
of Minnesota. Such personnel or other persons shall not require nor be entitled to any
compensation, rights or benefits of any kind whatsoever from either the State Entity, the
Commissioner of Management and Budget, or the State of Minnesota including, but not limited
to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance
pay and retirement benefits.
Section 5.15 Notices. In addition to any notice required under applicable law to be given
in another manner, any notices required hereunder must be in writing, and shall be sufficient if
personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the
business address of the party to whom it is directed. Such business address shall be that address
specified below or such different address as may hereafter be specified, by either party by written
notice to the other:
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for Construction Grants 22
To the Grant Recipient at:
The City of Stillwater
216 N. Fourth Street
Stillwater, MN 55082
Attention: Shawn Sanders, or successor
To the State Entity at:
The Minnesota Department of Employment and Economic Development
Great Northern Building, 180 E. 5th Street, Suite 1200
St. Paul, MN 55101
Attention: Community Finance
To the Commissioner of Management and Budget at:
Minnesota Department of Management and Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner of Management and Budget
Section 5.16 Binding Effect and Assignment or Modification. This Agreement and the
Declaration shall be binding upon and inure to the benefit of the Grant Recipient and the State
Entity, and their respective successors and assigns. Provided, however, that neither the Grant
Recipient nor the State Entity may assign any of its rights or obligations under this Agreement or
the Declaration without the prior written consent of the other party. No change or modification of
the terms or provisions of this Agreement or the Declaration shall be binding on either the Grant
Recipient or the State Entity unless such change or modification is in writing and signed by an
authorized official of the party against which such change or modification is to be imposed.
Section 5.17 Waiver. Neither the failure by the Grant Recipient, the State Entity, or the
Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in any
one or more instances, to insist upon the complete and total observance or performance of any
term or provision hereof, nor the failure of the Grant Recipient, the State Entity, or the
Commissioner of Management and Budget, as a third party beneficiary of this Agreement, to
exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed
as waiving any breach of such term, provision, or the right to exercise such right, privilege, or
remedy thereafter. In addition, no delay on the part of either the Grant Recipient, the State Entity,
or the Commissioner of Management and Budget, as a third-party beneficiary of this Agreement,
in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single
or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise
of any other right or remedy.
Section 5.18 Entire Agreement. This Agreement, the Declaration, and the documents, if
any, referred to and incorporated herein by reference embody the entire agreement between the
Grant Recipient and the State Entity, and there are no other agreements, either oral or written,
between the Grant Recipient and the State Entity on the subject matter hereof.
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 23
Section 5.19 Choice of Law and Venue. All matters relating to the validity, construction,
performance, or enforcement of this Agreement or the Declaration shall be determined in
accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or
arising from any provision contained in this Agreement shall be initiated, filed and venued in the
State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of
Minnesota.
Section 5.20 Severability. If any provision of this Agreement is finally judged by any
court to be invalid, then the remaining provisions shall remain in full force and effect and they
shall be interpreted, performed, and enforced as if the invalid provision did not appear herein.
Section 5.21 Time of Essence. Time is of the essence with respect to all of the matters
contained in this Agreement.
Section 5.22 Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be an original, but such
counterparts shall together constitute one and the same instrument.
Section 5.23 Matching Funds. The Grant Recipient must obtain and supply the
following matching funds, if any, for the completion of the Project:
NONE
Any matching funds which are intended to meet the above requirements must either be in the form
of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or
contributions, including equity, which have been or will be used to complete or pay for the Project.
The Grant Recipient shall supply to the Commissioner of Management and Budget whatever
documentation the Commissioner of Management and Budget may request to substantiate the
availability and source of any matching funds, and the source and terms relating to all matching
funds must be consented to, in writing, by the Commissioner of Management and Budget.
Section 5.24 Source and Use of Funds. The Grant Recipient represents to the State
Entity and the Commissioner of Management and Budget that Attachment III is intended to be
and is a source and use of funds statement showing the total cost of the Project and all of the funds
that are available for the completion of the Project, and that the information contained in such
Attachment III correctly and accurately delineates the following information.
A. The total cost of the Project detailing all of the major elements that make up such
total cost and how much of such total cost is attributed to each such major element.
B. The source of all funds needed to complete the Project broken down among the
following categories:
(i) State funds including the Grant, identifying the source and amount of such
funds.
(ii) Matching funds, identifying the source and amount of such funds.
(iii) Other funds supplied by the Grant Recipient, identifying the source and
amount of such funds.
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 24
(iv) Loans, identifying each such loan, the entity providing the loan, the amount
of each such loan, the terms and conditions of each such loan, and all
collateral pledged for repayment of each such loan.
(v) Other funds, identifying the source and amount of such funds.
C. Such other financial information that is needed to correctly reflect the total funds
available for the completion of the Project, the source of such funds and the expected use of
such funds.
If any of the funds included under the source of funds have conditions precedent to the
release of such funds, then the Grant Recipient must provide to the State Entity and the
Commissioner of Management and Budget a detailed description of such conditions and what is
being done to satisfy such conditions.
The Grant Recipient shall also supply whatever other information and documentation that
the State Entity or the Commissioner of Management and Budget may request to support or explain
any of the information contained in Attachment III.
The value of the Grant Recipient’s ownership interest in the Real Property and, if
applicable, Facility should only be shown in Attachment III if such ownership interest is being
acquired and paid for with funds shown in such Attachment III, and for all other circumstances
such value should be shown in the definition for Ownership Value in Section 1.01 and not included
in such Attachment III.
The funds shown in Attachment III and to be supplied for the Project may, subject to any
limitations contained in the legislation that authorized the Grant, be provided by either the Grant
Recipient or a Usee under a Use Contract.
Section 5.25 Project Completion Schedule. The Grant Recipient represents to the State
Entity and the Commissioner of Management and Budget that Attachment IV correctly and
accurately delineates the projected schedule for the completion of the Project.
Section 5.26 Third-Party Beneficiary. The public program to be operated in conjunction
with the Real Property and, if applicable, the Facility will benefit the State of Minnesota and the
provisions and requirements contained herein are for the benefit of both the State Entity and the
State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of
Management and Budget, is and shall be a third-party beneficiary of this Agreement.
Section 5.27 Applicability to Real Property and Facility. This Agreement applies to
the Grant Recipient’s interest in the Real Property and if a Facility exists to the Facility. The term
“if applicable” appearing before the term “Facility” is meant to indicate that this Agreement will
apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the
Grant Recipient’s interest in the Real Property.
Section 5.28 E-Verification. The Grant Recipient agrees and acknowledges that it is
aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired
employees to confirm that such employees are legally entitled to work in the United States, and
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 25
that it will, if and when applicable, fully comply with such statute and impose a similar requirement
in any Use Contract to which it is a party.
Section 5.29 Additional Requirements. The Grant Recipient and the State Entity agree
to comply with the following additional requirements.
The Grant Recipient shall submit annual and other reports that the State Entity requests
on forms provided by the State Entity.
Conflict of Interest. The State will take steps to prevent individual and organizational
conflicts of interest in reference to Grantees per Minn.Stat.§16B.98 and Department of
Administration, Office of Grants Management, Policy Number 08-01 Conflict of Interest Policy
for State Grant-Making. When a conflict of interest concerning State grant-making is suspected,
disclosed, or discovered, transparency shall be the guiding principle in addressing it.
In cases where a potential or actual individual or organizational conflict of interest is
suspected, disclosed, or discovered by the Grantee throughout the life of the grant agreement,
they must immediately notify the State for appropriate action steps to be taken, as defined above.
The Grantee must complete a Conflict-of-Interest Disclosure agreement and attach it to their
proposal.
(THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 26
IN TESTIMONY HEREOF, the Grant Recipient and the State Entity have executed this
General Fund Grant Agreement – Construction Grant for the Stillwater Riverfront Park Project on
the day and date indicated immediately below their respective signatures.
GRANT RECIPIENT:
The City of Stillwater,
__________________________
By: Ted Kozlowski
Its: Mayor
__________________________
And: Beth Wolf
Its: City Clerk
Dated: __________________, _____
STATE ENTITY:
The Minnesota Department of Employment and
Economic Development,
__________________________
By: Kevin McKinnon
Its: Deputy Commissioner
Dated: __________________, _____
STATE ENTITY:
Minnesota Department of Employment and Economic
Development-Encumbrance Verification
By:
Its: MA 3
Dated: __________________, _____06/20/2024
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 27
Attachment I -
DECLARATION
The undersigned has the following interest in the real property legally described in Exhibit
A attached hereto and all facilities situated thereon (the “Restricted Property”):
(Check the appropriate box.)
a fee simple title,
a lease, or
an easement,
and as owner of such fee title, lease or easement, does hereby declare that such interest in the
Restricted Property is subject to those provisions, requirements, restrictions, and encumbrances
contained in the “General Fund Grant Agreement Construction Grant for the _____ «1»______
Project” dated ______«2»_____, _«2»_, between ________________«3»_____________ and
__________«5»____________. The Restricted Property shall remain subject to such provisions,
requirements, restrictions, and encumbrances until it is released therefrom by a written release in
recordable form signed by the Commissioner of __________«5»___________, and such written
release is recorded in the real estate records relating to the Restricted Property.
(SIGNATURE BLOCK AND ACKNOWLEDGMENT)
This Declaration was drafted by:
(Name and address of individual
who drafted the Declaration.)
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for Construction Grants 28
Attachment II -
LEGAL DESCRIPTION
Lumberjack Landing
Section 28 Township 030 Range 020 PART GOVT LOT 1 PART OF RESERVE IN BLK 051
PART OF LOTS 7 & 8 BLK 32 LAND LYING E & IN FRONT OF BLKS 7-32 & 51 CARLI
SCHULENBURGS ADD PART OF GOVT LOT 1 S28T30R20 PART OF TRACT 3 OF OF
REG TITLE #48 DESC AS FOLL BEG AT INTERS OF SLY LINE OF E LAUREL ST EXT
ELY WITH
Tax Pin: 21.030.20.41.0026
Lowell Park Gazebo
PT LTS 1-5 BLK 27 & ADJ VAC MYRTLE ST & SLY 140FT BLK 18 LYING ELY OF LN
PARL WITH & 66 FT ELY AS MEAS AT RT ANG FROM C/L MAIN TRK OF RR AS OPER
IN 1959 Block 27 Lot 1 SubdivisionCd 2695 SubdivisionName STILLWATER Block 27 Lot 2
SubdivisionCd 2695 SubdivisionName STILLWATER
Tax Pin: 28.030.20.41.0012
Bridgeview Park
Section 34 Township 030 Range 020 PT OF GOV LOTS 2 & 3 BEING ALL THAT PT LOT 2
IN SD SEC 34 WHICH LIES EAST OF RD LEADING FROM STILLWATER TO PT
DOUGLAS EXCEPT TO RR & ALSO THAT PT OF LOT 3 SD SEC 33 BOUNDED AS
FOLL: BEG AT LOW WATER MARK ON THE SHORE OF LK ST CROIX ON LN BTW
LTS 2 & 3 IN SD SEC#34
Tax Pin: 34.030.20.22.0001
And
Section 27 Township 030 Range 020 PT GOV LOT 1 & PT GOV LOT 4 BEING ALL THAT
PORTION OF SECTIONS #27 & 28 OF TWP30R20 SITUATE &LYING WITHIN THE FOLL
BOUNDS: BEG AT THE MEANDER CORNER ON THE W SHORE OF LK ST CROIX ON
THE LINE BETWEEN SECTION #27" OF TWP&RANGE AFORESAID &RUN THN W
ALG SD SECTION LI
Tax Pin: 27.030.20.33.0001
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 29
Attachment III –
SOURCE AND USE OF FUNDS FOR THE PROJECT
Source of Funds Use of Funds
Identify Source of Funds Amount Identify Items Amount
State Funds Predesign rehabilitation of
Moritz Bergstein Shoddy Mill
$24,934
Program Grant $6,000,000 Design -ADA non- motorized
public boat launch and fishing
pier
$55,570
Design-community gathering
picnic spaces
$67,250
Other State Funds Design-connections to
Browns Creek Trail
$25,000
_______________ $_________ Design-Rehabilitation of
the Lowell Park Gazebo
$72,100
_______________ $_________ Design-Archeological
enhancements, historic
feature interpretation
2,500
_______________ $_________ Design- boat launch
facility surface parking
lot
$145,120
Subtotal $________ Design-rehabilitation of
Moritz Bergstein Shoddy
Mill
$344,049
Design-Public River
Access public docking
and trail connections
$382,376
Matching Funds Construct-ADA non-
motorized public boat
launch and fishing pier
$331,491
_______________ $_________ Construct-community gathering
picnic spaces
$564,740
_______________ $_________ Construct-connection to
Browns Creek Trail
$240,000
Subtotal $_________ Construct- Rehab of the Lowell
Park Gazebo
$405,000
Construct-Archeological
enhancements, historic feature
interpretation
$15,000
Prepaid Expense Construct-boat launch
facility surface parking lot
$595,962
Chestnut Street Plaza for
pedestrian and event area
$3,600,000 Construct-rehab of Moritz
Bergstein Shoddy Mill
$895,473
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 30
uses connecting to the
regional trail system
Construct- Public River
Access public docking and
trail connections
$1,811,435
_______________ $_________ Restoration of hardwood
and prairie grass exploration
areas
$22,000
Prepaid Expense
Chestnut Street Plaza for
pedestrian and event area uses
connecting to the regional trail
system
$3,600,000
TOTAL FUNDS $9,600,000 TOTAL PROJECT COSTS $9,600,000
Generic General Fund Grant Agreement Ver – 11/23/20
for Construction Grants 31
Attachment IV -
PROJECT COMPLETION SCHEDULE
Project Timeline
Activity Finish mm/yy
Site control (if necessary)
All funding (non-DEED funds) for project secured
and in place
N/A
Declaration Recorded or Waiver from MMB
secured
Within 6 months of
agreement approval
All permits in place Multiple dates but
before construction
begins
Project out for public bid Multiple projects will
be bid beginning in
Jan 2025 ending Dec
2025
Bid accepted February 2025 –
February 2026
Project started Project begin in May
2025
Project complete June 2027
Project inspected and operational June 2027
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Shawn Sanders, Director of Public Works
SUBJECT: Contract Agreement for Entrance Monument Project
DISCUSSION
TKDA requested quotes on behalf of the City for the entrance monument on TH 95 by
the Sunnyside Marina entrance. The low quote received was from Albrecht Sign
Company in the amount of $49,735.00 which includes manufacturing the sign and
installation. Funds for this project would come from the Capital Outlay Budget.
RECOMMENDATION
Staff recommends entering into an agreement with Albrecht Sign Company for the TH
95 Entrance Monument.
ACTION REQUESTED
If Council concurs with recommendation, they should pass a motion APPROVING
AGREEMENT WITH ALBRECHT SIGN COMPANY FOR THE TH 95 ENTRANCE
MONUMENT
1
AGREEMENT FOR SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this 2nd day of July, 2024, by and between the
City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Albrecht Sign Company,
7775 Main St. NE, Fridley, MN 55432 (“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; TH 95 – Monument Sign
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as
follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing
certain Services (“Services”), as defined in the following documents:
i. A proposal dated 6/3/24, incorporated herein as Exhibit A;
b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely
fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to
the Services to be performed under this Agreement, including all safety standards. The
Contractor shall be solely and completely responsible for conditions of the job site, including
the safety of all persons and property during the performance of the Services. The Contractor
represents and warrants that it has the requisite training, skills, and experience necessary to
provide the Services and is appropriately licensed and has obtained all permits from all
applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth
in the Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase to the
compensation due the Contractor shall require prior written approval by the authorized
representative of the City or by the City Council. The City will not pay additional compensation
for Services that do not have prior written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills,
subcontractors and other indebtedness connected with the Services have been paid as required
by the City.
2
3. TERM. This Agreement expires on 7/2/2025. This Agreement may be extended upon the written
mutual consent of the parties for such additional period as they deem appropriate, and upon the same
terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’
written notice delivered to the other party to the addresses listed in Section 13 of this Agreement.
Upon termination under this provision, if there is no default by the Contractor, Contractor shall
be paid for Services rendered and reimbursable expenses through the effective date of
termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written
notice in the event of substantial failure by the other party to perform in accordance with the terms
of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date
of the termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City as a result of any breach of this Agreement by the Contractor.
The City may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as
the exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written
billing by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided
for in this Agreement without the express written consent of the City, unless specifically provided for
in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed
services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same
locality at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of the
nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to,
abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances;
strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability
to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies,
materials, accesses, or services required to be provided by either City or Contractor under this Agreement.
If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented
from performing, give written notice to the other party describing the circumstances preventing continued
performance and the efforts being made to resume performance of this Agreement. Contractor will be
entitled to payment for its reasonable additional charges, if any, due to the delay.
3
8. CITY’S REPRESENTATIVE. The City has designated Shawn Sanders 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 Chris Judd to be the primary
contacts for the City in the performance of the Services. They shall be assisted by other staff members
as necessary to facilitate the completion of the Services in accordance with the terms established herein.
Contractor may not remove or replace these designated staff without the approval of the City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the
extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or
omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent
negligence of Contractor and City, they shall be borne by each party in proportion to its own
negligence.
b. Contractor shall indemnify City against legal liability for damages arising out of claims by
Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor
against legal liability for damages arising out of claims by City’s employees or subcontractors.
11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain
the following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims
arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be
amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and
$1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such
insurance shall not be canceled without written notice to the City. The City shall be named as an
additional insured on the Commercial General Liability Insurance policy.
12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment
covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that
all work will be free from defects and that all materials will be new and of first quality. If within one
(1) year after final payment any work or material is found to be defective, Contractor shall promptly,
without cost to the City, correct such defect.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: If to Contractor:
City of Stillwater Albrecht Sign Company
216 4th Street North 7775 Main St., NE
Stillwater, MN 55082 Fridley, MN 55432
Attention: Shawn Sanders Attention: Chris Judd
Or e-mailed: ssanders@stillwatermn.gov Or emailed: cjudd@albrechtsigncompany.com
4
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents
and employees pursuant to this Agreement shall be provided as employees of Contractor or as
independent contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the
parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing.
Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under
this Agreement, Contractor shall not discriminate against any person by reason of any
characteristic protected by state or federal law.
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be
subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes
all prior communications, understandings and agreements relating to the subject matter hereof,
whether oral or written.
CITY OF STILLWATER By:____________________________________
Ted Kozlowski, Mayor
By:____________________________________
Beth Wolf, City Clerk
5
CONTRACTOR ALBRECHT SIGN COMPANY
By:______ _____________ __________
By (Please Print):_____________________________
Title (Please Print):____________________________
Project Description: TH 95 – Monument Sign
Albrecht Sign Company
7775 Main Street NE
Fridley, MN 55432 USA
763.754.2899Phone:
763.767.7316Fax:
Fed ID:82-0773738
Monday, June 3, 2024
Quote No:
1Page:
17978
TKDA
444 CEDAR STREET
SUITE 1500
SAINT PAUL, MN 55101
USA
Bill To:
CITY OF STILLWATER
1315 MAIN STREET SOUTH
STILLWATER, MN 55082
Ship To:CITY OF STILLWATER
Payment Terms: 50% DOWN, NET 10
ASSUMES PROJECT IS TAX EXEMPT
VALID ST3 FORM REQUIRED BEFORE START OF PROJECT
ASSUMES PERMITS WILL NOT BE REQUIRED PER CITY PURCHASED PROJECT
Sign Type : Line: 1 MONUMENT SIGN
Monument Sign - Single Face LitPart ID:
60" x 120" X 15" S/F EXTERIOR-LIT CABINET
3/8" ACRYLIC LASERED COPY (ALTERNATE FROM PUSH THRU APPLICATION)
LASER COPY APPLIED WITH VHB TO CABINET
COPY DIMENSION OVERALL: 55" X 110"
CABINET PAINTED: SINGLE COLOR
COPY PAINTED: SINGLE COLOR
CABINET MOUNTED WITH 5" SCHEDULE 40 PIPE WITH
FLUSH BASE PLATE
BACK REMOVEABLE FOR INATALLATION
EXTERIOR LIGHTING OVERHANG CAP
3" TALL X 120" X 18"
INCLUDE QTY 3 - 36" BITRO T-LUXE LIGHT
MOUNTED IN CAP W/ ANGLE BRACKET FOR ADJUSTMENT
INCLUDES:
CONCRETE, EXCAVATE, BACKFILL, CONCRETE FOOTING 12" DEEP , CONCRETE APPRON 5" ,
DISPOSE OF SOILS
MASONRY: BLOCK BASE, THINS STONE VENEER AND PRECAST STONE CAPS
Quantity U/M Lead TimeUnit Price Total Price
1.00 EA $46,985.0046,985.00000 *
Albrecht Sign Company
7775 Main Street NE
Fridley, MN 55432 USA
763.754.2899Phone:
763.767.7316Fax:
Fed ID:82-0773738
Monday, June 3, 2024
Quote No:
2Page:
17978
Sign Type : Line: 2 INSTALL
INSTALLPart ID:
MOUNT CABINET TO EXISTING BASE TO ANCHOR BOLTS / MATCH PLATE ONTO PRE CAST CAPS.
INCLUDES FINAL ELECTRICAL CONNECTION BY ALBRECHT
POWER BROUGHT DIRECTLY TO SITE BY OTHERS - COORDINATE WITH ALBRECHT FOREMAN
Quantity U/M Lead TimeUnit Price Total Price
1.00 EA $2,750.002,750.00000 *
Total: $49,735.00* Indicates which quantity price is included in the Total
Salesperson: Chris Judd
Prices are Valid Until Tuesday, June 18, 2024
Albrecht Sign Company
7775 Main Street NE
Fridley, MN 55432 USA
763.754.2899Phone:
763.767.7316Fax:
Fed ID:82-0773738
Monday, June 3, 2024
Quote No:
3Page:
17978
Thank you for the opportunity to bid on this project.
Unless otherwise noted in this proposal, the following conditions apply:
- Sign Permit(s), Electrical Permit(s), and Office Staff fees are not included in bid price and will be added to final invoice
- Permit applications will be submitted upon receipt of signed proposal, signed drawings & down payment
- Production of project will begin after all permit(s) are approved from city officials.
- Timelines previously discussed apply from date that all downpayments, signed drawings, permits and approvals have been obtained.
- Bid does not include final primary electrical connection.
- No private locates included.
- Excavation prices are assumed non-frost conditions. Additional costs may occur if footings need to be installed during frost conditions
- No solid or excess rock encounters included.
- No excessive dewatering included.
- No premium hours included, all work is to be performed on straight time, regular hours.
- ASC is not responsible for damages to existing utilities, private underground wires, sprinkler lines, etc. that have not been located by the client.
- ASC is not responsible for any damages to lawn, landscape or plants from use of equipment needed for sign install.
- Unless specifically stated no repairs to lawn or landscape will be provided by ASC and will be the full responsibility of the client.
- ASC reserves the right to use completion photos as marketing material unless initialed on this line _______
I accept the prices, terms; conditions and or specifications listed here, and hereby authorize Albrecht Sign
Company to perform the work as described. I have read and accept the terms and conditions page (Exhibit
A)
Authorized signature from Customer:
_____________________________________________________________________________
Customer signature Date accepted
GUARANTY
In consideration of our agreeing to supply the Customer identified above with supplies, materials, and/or labor, the undersigned absolutely and
unconditionally guarantees the full and prompt payment to Albrecht Sign Company of any and all indebtedness, liabilities, and obligations now
or hereafter existing. This is an absolute, unconditional and continuing guaranty. If Customer defaults in any payment or violates any other
terms or conditions of any contract or agreement, the undersigned agrees to pay upon demand such indebtedness, liabilities, and obligations of
Customer, together with any expenses and costs of collection at any time paid or incurred, including attorney’s fees, whether or not in
connection with a judicial proceeding, in attempting to collect such indebtedness, liabilities, and obligations and in enforcing this Guaranty.
IN WITNESS WHEREOF, the undersigned has executed this Guaranty as of the _______ day of __________________, 20_____.
PLEASE SIGN WITHOUT REFERENCE TO _________________Signature ______________________________
YOUR TITLE OR CORPORATION POSITION
_____________________________________________________________________________________________
____________________________________________________Print name of person signing
Albrecht Sign Company
7775 Main Street NE
Fridley, MN 55432 USA
763.754.2899Phone:
763.767.7316Fax:
Fed ID:82-0773738
Monday, June 3, 2024
Quote No:
4Page:
17978
TERMS AND CONDITIONS OF SALE
EXHIBIT A
These terms and conditions are applicable to all Goods and Services provided by Albrecht Sign Company (“ASC”). As used herein "Goods and Services" refer to
the scope of the production and fabrication of the sign proposal submitted by ASC to Client. ASC requests written acceptance of the Agreement, but the following
actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order for any of the Goods and Services, 2) authorizing ASC's
presence on site, or 3) written or electronic notification for ASC to proceed with the proposal. Issuance of a purchase order by Client which contains separate
terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. The proposal, these terms and
conditions and any appendices attached hereto shall comprise the Agreement between ASC and Client described in the proposal and are binding upon the Client, its
successors, assignees, joint ventures and third-party beneficiaries. All proposals, negotiations, and representations, if any, regarding this transaction made prior to
the date of this acknowledgment are merged herein. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No
considerations will be given to revisions to ASC's terms and conditions or alternate contract format submitted by the Client as a condition for payment.
PAYMENT: Unless stated differently on the face of the invoice, terms are net ten (10) days from the date of the invoice on approved credit. All invoices not paid
within thirty days of invoice shall be subject to interest which shall accrue at the rate of 1.5% per month (18% annually), or the maximum rate allowed by law,
whichever is less. Customer shall have no right of set off to ASC in satisfaction of any claims asserted against ASC by Customer. ASC may at its sole discretion
alter or suspend credit. Customer agrees to furnish ASC with the personal guarantees of the principals of Customer as ASC may request the same from time to time.
TITLE AND OWNERSHIP: The sale of the Sign to Customer constitutes a cash sale and title to and ownership of the Sign purchased under this Agreement shall
pass to Customer upon ASC’s receipt of payment in full for the Sign. ASC shall retain all right, title and interest in the Sign until Customer’s cash payment is
received or its check honored, despite ASC’s delivery and Customer’s possession of the Sign. All artwork or designs that are created by ASC shall continue to be
owned by ASC and Customer may not use the artwork or designs without ASC’s written permission. Without limiting the generality of the foregoing, Customer
may not reproduce or copy any artwork or design or transfer, assign, sublicense, loan, disclose or otherwise make available all or any portion of such artwork or
design to any other person or entity, without the prior express written consent of Seller.
REMEDIES: If ASC determines, in its sole discretion, that Customer is in default under any of its obligations under this Agreement, ASC may (a) enter upon
Customer’s premises and without any court order or other process of law may repossess and remove the Sign, with or without notice to Customer; Customer hereby
waives any trespass or right of action for damages by reason of such entry, removal or disabling; Customer further expressly consents to ASC’s entry of the
premises; (b) ASC may require Customer to return the Sign in good repair, by delivering the Sign packed and ready for shipment, to such place as ASC may
specify; (c) ASC may cancel or terminate this Agreement and may retain any and all prior payments made by Customer; (d) ASC may declare all sums due and to
become due under this Agreement immediately due and payable, without notice or demand to Customer; (e) if the Sign is permanently affixed to real property,
Customer acknowledges and agrees that the Sign shall constitute a lienable permanent improvement and ASC may file a mechanic’s lien on the improved real
property for labor and material provided; or (f) ASC may pursue any other remedy available at law, by statute or equity. No single or partial exercise by ASC or any
right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. If ASC hires an attorney who to collect what is owed under this
Agreement or to regain possession of the Sign, Customer agrees to pay all ASC’s attorneys’ fees, costs, and expenses incurred.
CUSTOMER’S REPRESENTATIONS AND WARRANTIES: If Customer has entered into this agreement as a business entity and not as an individual,
Customer represents, warrants and certifies that it is a business duly organized validly existing and in good standing and is licensed or qualified to transact business
under the laws of the State of Minnesota. Customer further represents, warrants and certifies that it has all requisite power and authority to carry on its business,
including authority to execute and deliver and to perform all of its obligations under this agreement. In the event that Customer breaches this warranty, the
individual who has executed this agreement shall be solely liable to ASC for all of Customer’s obligations hereunder.
ASC’S WARRANTIES: ASC agrees to warrant all Sign(s) in accordance with the terms of its standard warranty for each Sign, as modified from time to time in
ASC's sole discretion. ASC's sole obligation to Customer shall be limited to the repair or replacement of the Sign, at ASC's option, of defective products returned to
Seller at the sole expense of Buyer or initial retail purchaser. THE FOREGOING REMEDIES ARE EXCLUSIVE. SELLER MAKES NO OTHER EXPRESS
WARRANTY. SELLER DISCLAIMS, AND BUYER WAIVES ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ASC LIABILITY: In no event shall ASC’s liability exceed the amount of the invoice price of the Sign sold or the services provided. ASC shall not have any
obligation or liability to Customer for any incidental or consequential damages whatsoever sustained or alleged to have sustained by Customer (including any
expenses incident thereto), arising out of or related to these Terms and Conditions. The “consequential damages” shall be deemed to include the following; loss of
use, revenue, income, or anticipated profits; loss of Sign, materials or property handled or processed with the use of the Sign; and damage to, loss or destruction of
property. Customer agrees to indemnify ASC from and against damages and costs to the extent caused by the intentional acts or negligence of the Customer,
Customer's contractors and subcontractors or other third parties.
MISCELLANEOUS: If and to the extent that applicable law confers any rights or imposes any duties inconsistent with or in addition to any of the provisions of
this agreement, the affected provisions shall be considered amended to conform thereto, but all other provisions hereof shall remain in full force and effect. The
laws of Minnesota shall govern over the terms of this agreement. The exclusive jurisdiction for the resolution of any and all disputes between the parties shall be the
State or Federal Courts located in Hennepin County, Minnesota. This writing is the full and complete agreement between the parties. Any modifications of this
agreement must be made in writing and executed by both parties. Waiver by ASC of a breach of any of the terms and conditions of this contract shall not be
construed as a waiver of any other breach.
Initial : ______
1
1 Water
THE BIRTHPLACE OF MINNES 0 TA
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Robert Benson, Utilities Superintendent
SUBJECT: Tower Painting Radio Path Study and Relocation
BACKGROUND
The Utility Department budgeted funds in 2024 to paint the Tower Drive Water Tower. Part of this
project calls for the relocation and redirection of our communication antennas that are mounted on
top of the tower, lift stations and wells then install back to normal working condition after painting is
complete. Telemetry Process & Controls, Inc. submitted a quote for $ 36,700.00 for the relocation
work. Funds for this project will be paid out of the 2024 Utilities Capital Outlay Budget.
RECOMMENDATION
Staff recommends that Council approve the quote and contract from Telemetry Process and Controls
for the antenna relocation and redirection.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion approving the antenna
relocation and redirection contract with Telemetry Process and Controls.
�l
water
The Birthplace of Minnesota d
AGREEMENT FOR SERVICES
THIS AGREEMENT ("Agreement") is made and executed this 2nd day of July, 2024, by and between the
City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Telemetry and Process
Controls, Inc., 640 Hayward Ave., Oakdale, MN 55128 ("Contractor").
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth
in this Agreement.
WHEREAS, Services under this agreement, are generally described as; Tower Dr. Water Tower -Antenna
Relocation
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as
follows:
SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing
certain Services ("Services"), as defined in the following documents:
i. A proposal dated 6/17/23, incorporated herein as Exhibit A;
b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely
fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to
the Services to be performed under this Agreement, including all safety standards. The
Contractor shall be solely and completely responsible for conditions of the job site, including
the safety of all persons and property during the performance of the Services. The Contractor
represents and warrants that it has the requisite training, skills, and experience necessary to
provide the Services and is appropriately licensed and has obtained all permits from all
applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth
in the Exhibits.
b. Any changes in the scope of the work of the Services that may result in an increase to the
compensation due the Contractor shall require prior written approval by the authorized
representative of the City or by the City Council. The City will not pay additional compensation
for Services that do not have prior written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills,
subcontractors and other indebtedness connected with the Services have been paid as required
by the City.
3. TERM. The terms of this Agreement expires 7/2/2025. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and upon the
same terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days'
written notice delivered to the other party to the addresses listed in Section 13 of this Agreement.
Upon termination under this provision, if there is no default by the Contractor, Contractor shall
be paid for Services rendered and reimbursable expenses through the effective date of
termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written
notice in the event of substantial failure by the other party to perform in accordance with the terms
of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date
of the termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City as a result of any breach of this Agreement by the Contractor.
The City may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as
the exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written
billing by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided
for in this Agreement without the express written consent of the City, unless specifically provided for
in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same
locality at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of the
nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to,
abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances;
strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability
to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies,
materials, accesses, or services required to be provided by either City or Contractor under this Agreement.
If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented
from performing, give written notice to the other party describing the circumstances preventing continued
performance and the efforts being made to resume performance of this Agreement. Contractor will be
entitled to payment for its reasonable additional charges, if any, due to the delay.
2
8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's
representative with respect to be performed under this Agreement. He or she shall have complete
authority to transmit instructions, receive information, interpret, and define the City's policy and
decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Contractor has designated Travis Schlangen to be the
primary contacts for the City in the performance of the Services. They shall be assisted by other staff
members as necessary to facilitate the completion of the Services in accordance with the terms
established herein. Contractor may not remove or replace these designated staff without the approval
of the City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the
extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or
omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent
negligence of Contractor and City, they shall be borne by each parry in proportion to its own
negligence.
b. Contractor shall indemnify City against legal liability for damages arising out of claims by
Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor
against legal liability for damages arising out of claims by City's employees or subcontractors.
11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain
the following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims
arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be
amended;
b. Workers' Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and
$1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such
insurance shall not be canceled without written notice to the City. The City shall be named as an
additional insured on the Commercial General Liability Insurance policy.
12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment
covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that
all work will be free from defects and that all materials will be new and of first quality. If within one
(1) year after final payment any work or material is found to be defective, Contractor shall promptly,
without cost to the City, correct such defect.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: If to Contractor:
City of Stillwater Telemetry and Process Controls, Inc.
216 4th Street North 640 Hayward Ave.
Stillwater, MN 55082 Oakdale, MN 55128
Attention: Robert Benson Attention: Travis Schlangen
Or e-mailed: rbenson@stillwatermn.gov Or emailed: tschlangen@tpcusa.com
3
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents
and employees pursuant to this Agreement shall be provided as employees of Contractor or as
independent contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the
parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing.
Such a waiver shall not affect the waiving party's rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under
this Agreement, Contractor shall not discriminate against any person by reason of any
characteristic protected by state or federal law.
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be
subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes
all prior communications, understandings and agreements relating to the subject matter hereof,
whether oral or written.
CITY OF STILLWATER By:
Ted Kozlowski, Mayor
Beth Wolf, City Clerk
4
CONTRACTOR Telemetry and Process Controls, Inc.
By:
By (Please Print):
Title (Please Print):
Project Description: Tower Dr. Water Tower -Antenna Relocation
Robert Benson
From: Travis Schlangen <tschlangen@tpcusa.com>
Sent: Monday, June 17, 2024 3:18 PM
To: Robert Benson
Subject: FW: Path Study Regarding Tower Project
Attachments: Stillwater Tower Painting Radio Path Study 240229KAR.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.
Hello Robert,
Per our conversation last week the following pricing can be used for the tower maintenance project, I added the last
item to return to normal operation after the tower project is completed-
1. Radio Path Study, Attached Signed Proposal $10,200
2. Preproject Installation & Field Verification $9,000
3. Materials For Preproject Installation & Temporary Installation, Cable, Cable Mounts, Antennas, Connectors
$1,500
4. Temporary Installation For Use During Tower Project $8,000
5. Return To Normal Conditions After Tower Project $8,000
Please confirm that the pricing is acceptable to proceed with the project.
Thank you
Travis Schlangen
TPC
TELEMETRY
PROCESS CONTROLS, INC
Telemetry and Process Controls, Inc.
640 Hayward Avenue
Oakdale,.NIN 55128
Mobile- 612-413-4488
Office- 651-430-0435
W W W.TPCLISA.COM
Confidentiality Note:
This communication including any attachments, (E-mail) is confidential and may be proprietary, privileged or
otherwise protected from disclosure. if you are not the intended recipient, please notify the sender, permanently
delete this E-mail from your system and destroy any copies. Any use of this E-mail, including disclosures, distribution
or replication, by someone other than its intended recipient is prohibited.
From: Travis Schlangen
Sent: Wednesday, June 12, 2024 11:58 AM
To: Robert Benson <rbenson@stillwatermn.gov>
Subject: Path Study Regarding Tower Project
1
1 Water
THE BIRTHPLACE OF MINNES 0 TA
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Robert Benson, Utilities Superintendent
SUBJECT: Well House # 5 — Olive St. Generator Garage Additions
BACKGROUND
The Utility Department budgeted funds in 2024 to add a garage for a standby generator. The
generator will be setup to start automatically in case of power outage. The City received two bids. The
lowest bidder was St. Claire Builders, LLC for $ 50,111.00. Funds for this project will come out of the
Utilities Capital Outlay budget.
RECOMMENDATION
Staff recommends approving the agreement with St. Claire Builders, LLC for the work on Olive Street
Well House Garage.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion APPROVING AGREEMENT
FOR OLIVE STREET GARAGE ADDITION.
�l
water
The Birthplace of Minnesota d
AGREEMENT FOR SERVICES
THIS AGREEMENT ("Agreement") is made and executed this 2nd day of July, 2024, by and between the
City of Stillwater, 216 4dr Street North, Stillwater, Minnesota 55082, ("City") and St. Claire Builder LLC,
808 3rd St. S, Stillwater MN 55082 ("Contractor").
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth
in this Agreement.
WHEREAS, Services under this agreement, are generally described as; Olive Street Garage Work
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as
follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of performing
certain Services ("Services"), as defined in the following documents:
i. A proposal dated 6/19/24, 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 6/19/2025. This Agreement may be extended upon the written
mutual consent of the parties for such additional period as they deem appropriate, and upon the same
terms and conditions as herein stated.
4. TERMINATION AND REMEDIES.
a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days'
written notice delivered to the other party to the addresses listed in Section 13 of this Agreement.
Upon termination under this provision, if there is no default by the Contractor, Contractor shall
be paid for Services rendered and reimbursable expenses through the effective date of
termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written
notice in the event of substantial failure by the other party to perform in accordance with the terms
of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date
of the termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City as a result of any breach of this Agreement by the Contractor.
The City may, in such event,
i. Withhold payments due to the Contractor for the purpose of set-off until such time as
the exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written
billing by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the
Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate
originals of all documents or memoranda prepared for the City not previously furnished.
5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided
for in this Agreement without the express written consent of the City, unless specifically provided for
in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same
locality at the time the Services are provided.
7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of the
nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to,
abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances;
strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability
to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies,
materials, accesses, or services required to be provided by either City or Contractor under this Agreement.
If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented
from performing, give written notice to the other party describing the circumstances preventing continued
performance and the efforts being made to resume performance of this Agreement. Contractor will be
entitled to payment for its reasonable additional charges, if any, due to the delay.
2
8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's
representative with respect to be performed under this Agreement. He or she shall have complete
authority to transmit instructions, receive information, interpret, and define the City's policy and
decisions with respect to the Services covered by this Agreement.
9. PROJECT MANAGER AND STAFFING. The Contractor has designated Dan St. Claire to be the
primary contacts for the City in the performance of the Services. They shall be assisted by other staff
members as necessary to facilitate the completion of the Services in accordance with the terms
established herein. Contractor may not remove or replace these designated staff without the approval
of the City.
10. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and
employees, from and against legal liability for all claims, losses, damages, and expenses to the
extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or
omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent
negligence of Contractor and City, they shall be borne by each 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 St. Claire Builders LLC
216 4th Street North 808 3rd St. South
Stillwater, MN 55082 Stillwater, MN 55082
Attention: Robert Benson Attention: Dan St. Claire
Or e-mailed: rbenson@stillwatermn.gov Or emailed: danstclaire@yahoo.com
3
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents
and employees pursuant to this Agreement shall be provided as employees of Contractor or as
independent contractors of Contractor and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the
parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing.
Such a waiver shall not affect the waiving party's rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under
this Agreement, Contractor shall not discriminate against any person by reason of any
characteristic protected by state or federal law.
d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be
subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes
all prior communications, understandings and agreements relating to the subject matter hereof,
whether oral or written.
CITY OF STILLWATER By:
Ted Kozlowski, Mayor
Beth Wolf, City Clerk
4
CONTRACTOR ST. CLAIRE BUILDERS LLC
By:
By (Please Print):
Title (Please Print):
Project Description: Olive Street Garage Work
St. Claire Builders, LLC
808 3rd Street South ST. CLAIRE
Stillwater, MN 55082 US
(612) 810-4862 B U I L D E R S' L L C
danstclaire@yahoo.com
New Construction & Renovation
Estimate
ADDRESS ESTIMATE # 1127
Stillwater Water Dept DATE 06/19/2024
1304 Olive St W
Stillwater Mn
Robert Benson
ACTIVITY
AMOUNT
Demolition
2,000.00
St Claire Builders- demo existing west wall on garage of siding and roof edge, site clean up
Excavating
3,000.00
Fuhr Trenching- excavate for frost footings, back fill, rough grading
Footings and Foundations
10,000.00
Stockness Construction- footings and poured walls
Concrete
2,722.00
Stockness Construction- 4" concrete slab- interior only- no exterior apron
Lumber
4,925.00
Scherer Bros Lumber- lumber, sheathing, roof trusses, fasteners and nails
Roofing
1,750.00
Rigo Roofing- 5 sq material and labor installed
Siding
5,820.00
Scherer Bros lumber- Hardie siding and trim, aluminum soffit and fascia to match existing, installation
labor
Windows & Ext Doors
1,395.00
Scherer Bros- 3' outswing , 1/2 lite exterior door
Garage Doors
2,200.00
Ideal Door- 9'x7' roll up door installed
Framing Labor
3,500.00
St Claire Builders- frame walls, set trusses, sheathing
Drywall
800.00
St Claire - materials and install on common wall - floor to roof sheathing
Door Hardware
650.00
Twin City Hardware- knob and deadbolt
Trash Removal/Toilet
900.00
LRS/ Anderson dumpsters- 2 months rental 1- 10 yd box
Contractors Fee
5,949.00
St Claire Builders- 15%
ACTIVITY
AMOUNT
Heating & Air Conditioning 0.00
OPTION- disconnect and re connect existing mini split condensing unit Young & Sons Heating
$1500
Electrical 0.00
OPTION- budget - interior lights and switches, outlets, pre wire for generator B&B electric
$3000
Painting
NO painting is included in this estimate
,$ We
TOTAL $45,611.00
Accepted By Accepted Date
ATTACHMENT A
RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLI NCE
PROJECT TITLE:
Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does
not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a
responsible contractor and is not eligible to be awarded a construction contract for the project or to perform
work on the project...
Minn. Stat. § 16C.285, Subd, 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible
contractor" means a contractor that conforms to the responsibility requirements in the solicitation document
for its portion of the work on the project and verifies that it meets the following minimum criteria:
(1) 1 The Contractor:
(2)
(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, 17725, 177.41 to 177.44, 181.13, 181.14,
or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States
Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a
contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for
a total underpayment of $25,000 or more within the three-year period;
(ii) has been issued an order to comply by the commissioner of Labor and Industry that has become
final;
(iii) has been issued at least two determination letters within the three-year period by the Department
of Transportation finding an underpayment by the contractor or related entity to its own employees;
(iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated
any of the sections referenced in this clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour
Division of the United States Department of Labor that have become final or have been upheld by an
administrative law judge or the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction
worker as an independent contractor in an action brought in a court having jurisdiction. Provided that,
if the contractor or related entity contests a determination of underpayment by the Department of
Transportation in a contested case proceeding, a violation does not occur until the contested case
proceeding has concluded with a determination that the contractor or related entity underpaid wages
or penalties;"
Rev. 11-13-2014 Page 1 of 6
(3) ( The contractor or related entity is in compliance with and, during the three-year period before ` ' submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this
clause, a violation occurs when a contractor or related entity has been issued a final administrative or
licensing order;"
(4) The contractor or related entity has not, more than twice during the three-year period before
submitting the verification, had a certificate of compliance under section 363A.36 revoked or
suspended based on the provisions of section 363A.36, with the revocation or suspension becoming
final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;*
(5) The contractor or related entity has not received a final determination assessing a monetary sanction
from the Department of Administration or Transportation for failure to meet targeted group business,
disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith
effort, more than once during the three-year period before submitting the verification;'
" Any violations, suspensions, revocations, or sanctions, as defined -in -clauses (2) to (5),
occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or
related entity meets the minimum criteria.
(6) ; The contractor or related entity is not currently suspended or debarred by the federal government or
the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and
i
(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. S. SUBCONTRACTOR VERIFICATION.
A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list
of all of its first -tier subcontractors that it intends to retain for work on the project.
If a prime contractor or any subcontractor retains additional subcontractors on the project after
submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications
Of compliance from each additional subcontractor with which it has a direct contractual relationship and
shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14
days of retaining the additional subcontractors.
A prime contractor shall submit to the contracting authority upon request copies of the signed
verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A
prime contractor and subcontractors shall not be responsible for the false statements of any
subcontractor with which they do not have a direct contractual relationship. A prime contractor and
subcontractors shall be responsible for false statements by their first -tier subcontractors with which they
have a direct contractual relationship only if they accept the verification of compliance with actual
knowledge that it contains a false statement.
Rev. 11-13-2014
Page 2 of 6
Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE.
A contractor responding to a solicitation document of a contracting authority shall submit to the contracting
authority a signed statement under oath by an owner or officer verifying compliance with each of the
minimum criteria in subdivision 3 at the time that it responds to the solicitation document.
A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a
responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that
statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath
in a verification of compliance shall render the prime contractor or subcontractor that makes the false
statement ineligible to be awarded a construction contract on the project for which the verification was
submitted.
A false statement under oath verifying compliance with any of the minimum criteria may result in
termination of a construction contract that has already been awarded to a prime contractor or subcontractor
that submits a false statement. A contracting authority shall not be liable for declining to award a contract or
terminating a contract based on a reasonable determination that the contractor failed to verify compliance
with the minimum criteria or falsely stated that it meets the minimum criteria.
CERTIFICATION
By signing this document I certify that I am an owner or officer of the company, and I swear under
oath that:
1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein
and is in compliance with Minn. Stat. § 16C.285,
2) 1 have included Attachment A-1 with my company's solicitation response, and
3) if my company is awarded a contract, I will also submit Attachment A-2 as required.
�ner
�!1117��
Company Name:
&) �ds LC_
d Name:�5y /2/ -
Date:
6-off
NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document,
a contracting authority may award a construction contract to the responding prime contractor even if the
minimum criteria in subdivision 3 are not met.
Rev. 11-13-2014 Page 3 of 6
ATTACHMENT A-1
FIRST -TIER SUBCONTRACTORS LIST
/SS /IT WITH PRINg ONTRACTOR RESPONSE f�
R
PROJECT TITLE: �' /✓1P�P C�vg �,��J✓�C-'
Minn, Stat. § 16C.285, Subd, 5. A prime contractor or subcontractor shall include in its verification of
compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work
on the project....
FIRST TIER SUBCONTRACTOR NAMES Name of city where company
(Legal name of company as registered with the Secretary of State) home office is located
,��t4rey- j5le-,.5 1104im e4
�avltC vet
4see Ile, % 7, fe.
Rev. 11-13-2014 Page 4 of 6
ATTACHMENT A-2
ADDITIONAL SUBCONTRACTORS LIST
PRIME CONTRACTOR BMIT AS SUB ONTRACTORS ARE ADDED TO THE PROJECT
y
PROJECT TITLE: �`�+�� r Q✓`
This form must be submitted to the Project Manager or individual as identified in the solicitation document..
Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional
subcontractors on the project after submitting its verification of compliance, the prime contractor or
subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has
a direct contractual relationship and shall submit a supplemental verification confirming compliance with
subdivision 3, clause (7), within 14 days of retaining the additional subcontractors....
ADDITIONAL SUBCONTRACTOR NAMES Name of city where company
(Legal name of company as registered with the Secretary of State) home office Is located
Rev. 11-13-2014 Page 5 of 6
ADDITIONAL SUBCONTRACTOR NAMES Name of city where company
(Legal name of company as registered with the Secretary of State) i home office is located
SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2
By signing this document I certify that I am an owner or officer of the company, and I swear under
oath that:
All additional subcontractors listed on Attachment A-2 have verified through a signed statement under
oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined
in Minn. Stat. § 16C.285.
!r7S!gnatur .pf Owne Officer: Printed Name:
Title: Date:
Com ny Name:
Rev. 11-13-2014 Page 6 of 6
DATE: June 27, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Issuance of New Wine with Strong Beer Liquor License for
DJ’sclamsMN, LLC, dba DJ’s Clam Shack
DISCUSSION:
An application for a new Wine & Strong Beer liquor license for DJ’s Clam Shack has been
received from the new owners. The license will be effective after satisfactorily completing
all license requirements.
RECOMMENDATION:
Staff recommends approval contingent upon the satisfactory investigation, inspections,
and approvals from the Police, Fire, Building, Finance and Planning Departments,
Washington County Public Health and Environment and Minnesota Alcohol Gambling
Enforcement Division (AGED). It should be noted that AGED approval is the last approval
requirement before the license is issued to the establishment.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a resolution approving the
issuance of a new Wine & Strong Beer Liquor License to DJ’sclamsMN, LLC, dba DJ’s
Clam Shack located at 221 Myrtle St E. contingent upon satisfactory investigation,
inspections, and required approvals.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-XXX
APPROVING ISSUANCE OF NEW WINE WITH STRONG BEER LIQUOR LICENSE TO
DJ’SCLAMSMN, LLC, DBA DJ’S CLAM SHACK
WHEREAS, an application has been received for the issuance of a Wine with Strong
Beer liquor license for DJ’sclamsMN, LLC, dba DJ’s Clam Shack located at 221 Myrtle Street
E and
WHEREAS, all required documentation has been submitted and fees paid; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota hereby approves the issuance of a new Wine with Strong Beer liquor license
conditioned upon approval from Police, Fire, Building, Finance and Planning Departments,
Washington County Public Health and Environment and Minnesota Alcohol Gambling
Enforcement Division (AGED).
Adopted by the Stillwater City Council this 2nd day of July, 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
i
water
THE BIRTHPLACE OF MINNESOTA
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Liquor License Amendment for Temporary Outdoor Premise Extension at
225 Main St N, River Siren Brewery Company LLC
BACKGROUND
River Siren Brewery Company LLC located at 225 Main Street North has requested a
temporary premise extension for their On -sale Micro Brewers Taproom liquor license and
Special Sunday On -sale Micro Brewers Taproom liquor license to host an event on in
their adjacent parking lot north of their building. The Stillwater Planning Commission has
issued an Interim Use permit. The outdoor premise area will be used only on Thursday,
July 18, 2024.
RECOMMENDATION
Staff recommends approval contingent upon receiving all required documentation and
notifying the MN Department of Public Safety Alcohol and Gambling Enforcement
(AGED) of the premise extension.
ACTION REQUESTED
If Council concurs with the recommendation, they should pass a motion approving a
RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR TEMPORARY
OUTDOOR PREMISE EXTENSION AT 225 MAIN ST N.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-xxx
RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT
FOR TEMPORARY OUTDOOR PREMISE EXTENSION
AT 225 MAIN STREET NORTH
WHEREAS, a request from River Siren Brewery Company LLC has been received
to add their adjacent parking lot on the north side of their building located at 225 Main
Street North as a temporary premise extension to their On -sale Micro Brewers Taproom
liquor license and Special Sunday On -sale Micro Brewers Taproom liquor license; and
WHEREAS, the request meets State Statute restrictions that the premises must
be "compact and contiguous"; and
WHEREAS, the temporary outdoor premise area will be used only for an event
being held on July 18, 2024.
NOW, THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby
approves amending River Siren Brewery On -sale Micro Brewers Taproom liquor license
and Special Sunday On -sale Micro Brewers Taproom liquor license temporarily for
additional licensed premises located at 225 Main Street North for above named outdoor
events and only during the term of the Interim Use Permit conditioned upon the following-
1 . Minnesota Department of Public Safety Alcohol and Gambling Enforcement
(AGED) has been notified.
2. The temporary premise area must be designed for safe public seating and no
cars can be parked or driving through the premise space.
3. The business must insure alcoholic beverage sales, service and consumption
remain within the confines of the designated outdoor licensed premises area.
4. Hours of operation for the outdoor service in the temporary premise space
shall be between the hours of 8 am and 10 pm on said events.
5. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat
§ 340A.
Adopted by the Stillwater City Council this 2nd day of July, 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
t�t��
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i
water
THE BIRTHPLACE OF MINNESOTA
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Beth Wolf, City Clerk
SUBJECT: Therapeutic Massage Business License and Individual Massage Therapist
License
BACKGROUND
Renewal applications for Massage Therapy Licenses have been received from the
applicants listed on the attached resolution. The license term runs from April 1 to March
31. Final application materials have been collected for and background checks have
been conducted.
RECOMMENDATION
Staff recommends approval of the business and individual massage therapist listed in
the attached resolution.
ACTION REQUESTED
If Council concurs with the recommendation, they should pass a motion to adopt
RESOLUTION 2024- APPROVING ISSUANCE OF THERAPEUTIC MASSAGE
BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSE FOR
2024.
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-
APPROVING ISSUANCE OF THERAPEUTIC MASSAGE BUSINESS LICENSE
AND INDIVIDUAL MASSAGE THERAPIST LICENSE FOR 2024
WHEREAS, a request from the following business and message therapist has
been received for the issuance of a Therapeutic Massage Business License and
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 Therapeutic Massage Business
License and Individual Massage Therapist License to the businesses and individuals
listed below with their respective licenses.
Business
Location
Massage Therapist(s)
Spa 810 Stillwater/Local
Luxury Medspa(Crosby
232 Main St N
Hotel
Anne Naber
Adopted by the Stillwater City Council this 2nd day of July, 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
Beth Wolf, City Clerk
1
1 water
The Birthplace of Minnesota J
DATE: July 2, 2024
TO: Honorable Mayor and Councilmembers
FROM: Chad Rogness, Parks Superintendent
SUBJECT: 2024 Lumberjack Days- Revised Event Layout (Flood)
BACKGROUND
Due to flood conditions, Staff as well as LJD Stillwater Events, have revised the original Lumberjack Days
Celebration layout. Water levels may subside by the date of the event, however, establishing acceptable
grass turf does not seem feasible.
The recommendation is to move all the events to the parking lots and the stage to South Lowell, just North
of the flag pole. The turf grass in South Lowell Park will have only been under water a couple weeks,
which would most likely bounce back in time for the event. LJD Stillwater Events would rent a generator if
the city was unable to provide the needed power to host the concert. Additionally, they would like to add
the use of lot # 3 for beer tent placement. Downtown Parking Commission recommended not charging
additional fees for this lot closure.
Included in the packet is the proposed updated site map.
STAFF RECOMMENDATION
Staff recommends accepting the proposed "Revised Event Layout" and hosting the Lumberjack Days
Celebration as scheduled.
ACTION REQUESTED
If Council wishes, they should pass a motion to approve the "Revised Event Layout" and move forward
with the Lumberjack Days Celebration as scheduled.
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H E 8 1 R T H P L A C E O F M I N N E S 0 I A
DATE: July 2, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Katriona Molasky, Assistant City Planner
SUBJECT: Appeal to Case No. 2024-20: Variance request to exceed the required
structural impervious surface and facilitate construction of a pool located
at 3085 Lowell Ct
BACKGROUND
On May 22, 2024, the Planning Commission heard and denied the application for a
Variance request to exceed structural impervious surface and facilitate the construction
of a pool. The Planning Commission denied the application and adopted the following
`Findings of Fact' in Resolution PC 2024-05 on June 26, 2024:
1. There are no unique physical conditions that necessitate having a pool.
2. Requesting a pool larger than allowed by City Code is not a practical difficulty.
The Applicant, Ground FX Lawn and Landscaping (the Contractor), has appealed this
decision to the City Council.
The Applicant is seeking approval of a Variance to permit the construction of a pool in the
backyard of 3085 Lowell Court, increasing the total structural impervious to 49.6%
coverage.
The project area (PID# 1903020120040) (the "Property") is located within the TR
(Traditional Residential) Zoning District and a Lake Shoreland Management District. The
property has frontage on Lowell Court and has residential neighbors on all sides. The
project site is a 7,907 square foot residential lot which contains a two-story single-family
dwelling and an attached garage built in 2012.
ANALYSIS
The Traditional Residential Zoning District has no requirements for maximum lot
coverage. Lake Shoreland Management Districts allow a maximum of 25% impervious
surface coverage, a requirement that comes from the State. Currently, the project site
has approximately 40% (3,190 square feet) of impervious surface coverage, which is
over the allowed coverage. The original As -Built shows the property at approximately
25% impervious surface. Since original construction a deck and patio have been added
behind the main dwelling (different owners). The deck would have not been considered
part of impervious surface calculations when it was built in 2014. There is not record for
when the patio was added. While no building permit is required for patios, generally
Planning staff advises residents to confer with staff to make sure their lot has the space
for additional impervious surface coverage. The project site currently has no remaining
impervious surface that could be used without the need for a variance.
The property is part of the Millbrook 5t" addition (the Development). Impervious surface
was calculated at 50% for the entire development and coordinated with the watershed
districts; primarily with Brown's Creek Watershed. This property is in the Carnelian -
Marine -St. Croix Watershed District. Staff cannot locate records indicating a
superseding lot coverage agreement, and as-builts show nearly all homes at the 25%
impervious surface allowance. Staff acknowledges that since the time of this
development there has been a change in impervious surface interpretation that now
includes decks as part of impervious surface calculations, when they were not at the
time of this development. Staff also acknowledges that there are two instances of pools
being approved in this development that put their respective lot coverage over the 25%
allowed in Lake Shoreland Management Districts.
The proposed action seeks to allow the construction of an approximately 840 square
foot pool and deck located behind the house. The proposal involves removing the
current 375 square foot concrete patio and repurposing that space for a portion of the
pool deck. The addition of the proposed pool and decking, with the removal of the
current concrete patio, would increase the lot coverage to approximately 49.6% (3,655
square feet), an increase of approximately 9.6%. In addition, the applicant also
designed a drain tile system to direct stormwater run off from the front of the property
though the system to mitigate a portion of the additional impervious surface.
Because the impervious surface coverage requested by the Applicant exceeds the 25%
threshold regulated by City Code, a variance is required.
Minnesota State Statute Chapter 462.357 requires that cities consider the following
standards when considering a Variance. This is also known as the `practical difficulty'
test.
• The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance.
• The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
• The variance, if granted, will not alter the essential character of the locality.
• Economic considerations alone do not constitute practical difficulties.
FINDINGS: Variance to the Reauired 25% Structural Impervious Surface Reauirement:
A. The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance.
i. Finding the request reasonable, as it relates to strict compliance of the plain
language of the Zoning Code, is questionable. While the request conforms
to all other dimensional standards, no additional impervious surface could
be permitted by code. The lot is already over allowed impervious surface.
B. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
i. The plight of the landowner is created by landowner's desire for a pool and
not unique to the property.
ii. Any argument for a variance on this property could be made by any resident
in the Millbrook development that is within a Shoreland Management
District.
C. The variance, if granted, will not alter the essential character of the locality.
i. Granting the variance to approve the construction of the proposed pool will
not alter the essential character of the neighborhood. The pool will be
situated behind the house. A few other homes in this development have
pools similar to the one being proposed.
D. Economic considerations alone do not constitute practical difficulties.
i. The request to construct a pool is not based on economic considerations.
Staff believes that the plight of the landowner necessitating the variance does not meet
the practical difficulty test nor is it unique in its physical characteristics.
RECOMMENDATIONS
Based on the plight outlined by the landowner that they would like to have a pool that their
property does not have the additional impervious surface allowed to accommodate the
project, staff believes this does not satisfy the required practical difficulty requirements. Staff
recommends continued denial of this request.
ACTION REQUESTED
Motion to deny the Appeal for Case No. 2024-20 and uphold the Planning Commission's
Resolution of Denial.
Motion to uphold the Appeal for Case No. 2024-20 and overturn the Planning
Commission's Resolution of Denial.
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City of Stillwater
Washington County, Minnesota
RESOLUTION PC 2024-05
RESOLUTION ADOPTING FINDINGS OF FACT TO SUPPORT A DENIAL OF
A VARIANCE REQUEST TO EXCEED THE MAXIMUM ALLOWABLE
IMPERVIOUS SURFACE OF 25% AT 3085 LOWELL COURT (CASE NUMBER
CD2024-020)
WHEREAS, the City of Stillwater received a Variance request from Tom and
Kristen Opitz ("Property Owner") of 3085 Lowell Ct, legally described on Exhibit A ("the
Property"), to allow for the construction of an 840 square foot pool, exceeding the
maximum impervious surface by 24.6%;
WHEREAS, the maximum allowable impervious surface in the Lake Shoreland
Management district is 25%; and
WHEREAS, the property is currently at 40.3% impervious surface and the
Applicant has zero square feet available for the construction of impervious surface; and
WHEREAS, the Planning Commission considered the Variance at its May 22,
2024 meeting, held a public hearing and took testimony from the public.
WHEREAS, the Planning Commission now adopts this Resolution to support its
findings for denial of the Variance.
NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City
of Stillwater hereby adopts the following written findings for denial of the Variance
request to exceed the maximum total impervious surface area of 25%:
The requested Variance was not consistent with all the practical difficulty
requirements for granting a Variance as described in City Code Section 28-
83. Specifically, there are not unique circumstances on the Property
necessitating a variance to the impervious surface.
1) There are no unique physical conditions that necessitate having a
pool.
2) Requesting a pool larger than allowed by City Code is not a
practical difficulty.
Adopted by the City Planning Commission this 26t" day of June, 2024.
CITY OF STILLWATER
John Dybvig, Planning Commission Chair
ATTEST:
Tim Gladhill, Community Development Director
*:/:I 13 I r_1
Legal Description of the Applicant's Property
Situs Address: 3085 Lowell Ct
PID-1903020120040
Abstract Property
Lot 3, Block 3, Millbrook 5t" Addition, Washington County, Minnesota
Tom and Kristen Opitz
3085 Lowell Court
Stillwater, MN 55082
(651) 334-7570
Stillwater City Council
216 North Fourth Street
Stillwater, MN 55082
Dear Mayor and City Council Members,
We are writing to appeal our case for an impervious surface variance request with the City of Stillwater (Case No.
CD2024-020). We were denied by the planning committee as they determined we did not meet the practical
difficulties test, which we respectfully disagree with and would like to address below. According to the City of
Stillwater's definition, as posted on the website, the applicant must meet each of the following criteria:
• The property owner proposes to use the land in a reasonable manner for a use permitted in the zone
where the land is located, but the proposal is not permitted by other official controls.
o Our variance application is to allow for installation of an in -ground pool in a young neighborhood
full of kids that happens to be located in a Watershed District. As demonstrated by the many
letters of support from neighbors, this would be a wonderful addition to our neighborhood and
create a safe space for many of the neighborhood kids to utilize while under the supervision of
their parents.
o In addition, there are four other in -ground pools in our development which have put each of
those properties well over their 25% impervious surface limitations. Our variance request is in
line with the % overage of those properties and is a reasonable request on the basis that it aligns
with previously permitted property modifications in our development.
• The plight of the landowner is due to circumstances unique to the property and that are not created by the
landowner.
o The definition of "plight" is a dangerous, difficult, or otherwise unfortunate situation. This is an
unfortunate situation as we were never made aware of these impervious restrictions upon
purchasing our home back in 2018 with the plans of eventually installing a pool. At the time of
purchase, we reviewed various previous permits by the first homeowners, which never
mentioned the need for a variance request. In addition, we submitted our own permit request
for an addition of stairs to an existing deck where no variance was needed. If we had been aware
of these restrictions, we would have considered purchasing a home in a different area as a pool
has always been a long-term goal of ours.
o In addition, the footprint of our house accounts for all 25% of our impervious surface allowance,
which means that we do not have the ability to add or alter any additional features to our home
or property. We are not the original owners of this property, so we did not have the ability to
work with the builders on the footprint. We must assume they were not aware of this restriction
either, otherwise they would have minimized the footprint to allow for the addition of future
improvements (ie. deck, patio, etc).
• The variance, if granted, will not alter the essential character of the locality.
o The installation of a pool, as well as professional landscaping, would only enhance the aesthetic
appeal of our property and surrounding neighborhood. In addition, the water mitigation plan
that our landscaping company (Ground FX Lawn and Landscaping) has designed will not only
address the concerns set by these restrictions but improve the situation from its current state
which has us over our impervious surface limit but without a water mitigation plan in place.
We would greatly appreciate the city partnering with us to make our dreams into a reality. We have done our due
diligence to ensure that we are addressing the concerns enforced by this process through a water mitigation
system. In addition, you'll see throughout the Millbrook neighborhood, many homes have already exceeded the
25% impervious surface allowance (and some are well over 50%) without any mitigation efforts, and we are doing
our part to respect the intent behind the restrictions set within this Watershed District. We thank you for your
time and consideration. Please do not hesitate to reach out with any questions.
Best,
Tom and Kristen Opitz
illwater
N[
6 1 A r H A l 1, O F M I N N E S 0 1 A
DATE: May 22, 2024
TO: Honorable Chair and Planning Commissioners
FROM: Katriona Molasky, Assistant City Planner
SUBJECT: Case No. 2024-20: Variance request to exceed the required structural
impervious surface and facilitate construction of a pool located at 3085
Lowell Ct
BACKGROUND
The Applicant, Grou
Variance from the P
backyard of 3085 Lo\A
coverage.
The project area is lo(
within the TR (Traditic
District. The property
sides. The project sit
single-family dwelling
ANALYSIS
tractor), are seeking a
con ction of a pool in the
structure impervious to 49.6%
)3020120040 ) (the "Property")
Lake Shoreland Management
as residential neighbors on all
lot which contains a two-story
The Traditional Reside oni istrict has no requirements for maximum lot
coverage. Lake Shorelanmow9ement Districts allow a maximum of 25% impervious
surface coverage. Currently, the project site has approximately 40% (3,190 square feet)
of impervious surface coverage, which is over the allowed coverage. The original As -
Built shows the property with a main dwelling, driveway, and small walk at
approximately 25%. Since original construction a deck and patio have been added
behind the main dwelling. The project site currently has no remaining impervious
surface that could be used without the need for a variance.
The property is part of the Millbrook 5th addition (the Development). Impervious surface
was calculated at 50% for the entire development and coordinated with the watershed
districts; primarily with Brown's Creek Watershed. This property is in the Carnelian -
Marine -St. Croix Watershed District. Staff cannot locate records indicating a
superseding lot coverage agreement, and as-builts show nearly all homes at the 25%
impervious surface allowance. Staff acknowledges that since the time of this
development there has been a change in impervious surface interpretation that now
includes decks as part of impervious surface calculations, when they were not at the
time of this development. Staff also acknowledges that there are two instances of pools
being approved in this development that put their respective lot coverage over the 25%
allowed in Lake Shoreland Management Districts.
The proposed action seeks to allow the construction of an approximately 840 square
foot pool and deck located behind the house. The proposal involves removing the
current 375 square foot concrete patio and repurposing that space for a portion of the
pool deck. The addition of the proposed pool and decking, with the removal of the
current concrete patio, would increase the lot coverage to approximately 49.6% (3,655
square feet), an increase of approximately 9.6%. In addition, the applicant also
designed a drain tile system to direct stormwater run off from the front of the property
though the system to mitigate a portion of the additional impervious surface.
Because the impervious surface coverage requested by the Applicant exceeds the 25%
threshold regulated by City Code, a variance is required. A
Minnesota State Statute Chapter 462.357 requires that citiea consider the following
standards when considering a Variance. This is also known%s the `practical difficulty'
test.
• The property owner proposes to u e pro y in a reasonable manner not
permitted by the zoning ordinance.
• The plight of the landowner is to c stances unique to the property not
created by the landowner.
• The variance, if granted,tone
I not alte es ntial character of the locality.
• Economic considerations do not nstitute practical difficulties.
A. The property o r prop s to use the property in a reasonable manner not
permitted by the nance.
q s i. Finding the ret reasonable, as it relates to strict compliance of the plain
language of the Zoning Code, is questionable. While the request conforms
to all other dimensional standards, no additional impervious surface could
be permitted by code. The lot is already over allowed impervious surface.
B. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
i. The plight of the landowner is created by landowner's desire for a pool and
not unique to the property.
C. The variance, if granted, will not alter the essential character of the locality.
i. Granting the variance to approve the construction of the proposed pool will
not alter the essential character of the neighborhood. The pool will be
situated behind the house. A few other homes in this development have
pools similar to the one being proposed.
D. Economic considerations alone do not constitute practical difficulties.
i. The request to construct a pool is not based on economic considerations.
Staff believes that the plight of the landowner necessitating the variance does not meet
the practical difficulty test nor is it unique in its physical characteristics.
RECOMMENDATIONS
Based on the plight outlined by the landowner that they would like to have a pool that their
property does not have the additional impervious surface allowed to accommodate the
project, staff believes this does not satisfy the required practical difficulty requirements. Staff
recommends denial of this request.
ACTION REQUESTED
Motion to deny the `
findings of denial.
a resolution adopting
LAN DSCAPE�DESIGNSTUDIOS
From the desk of David Sonka, MNLA CP. Landscape Design Studios, White Bear Lake, MN
February 14, 2024
CONTACTS AND SPECIALISTS INVOLVED IN THE PROJECT PROPOSAL:
Contacts: DAN BARTON - ROYAL POOL AND SPA
RYAN ZWONITZER - GROUND FX LAWN AND LANDSCAPE
DAVE SONKA - LANDSCAPE DESIGN STUDIOS
ADAM WALRAFF - WALRAFF ELECTRIC
BOBBY ADAMS - CONCRETE DESIGN
Address: 3085 LOWELL CT. STILLWATER, MN
Dear City of Stillwater Planners, Planning Commission, Community members;
Here is more informaton regarding the project being reviewed at 3085 Lowell Ct., as we hope to help the opitz
family find a solution for fulfilling their dream of putting in a small in -ground swimming pool in their back yard.
The site is fitted for a inground pool of 14 x 30' that will have a minimal -sized pool deck around it for a walking
border that covers the foundation and footing braces of the pool and encloses the auto -cover box on the far end
of the pool, as well as encapsulates the skimmer and plumbing lines for the pool so that all is protected for long-
term sustainability of the pool.
The pool deck concrete will connect to the existing patio below the deck and also have a small sitting area
possible in the location of a current patio, that is to be dramatically reduced in size, so that it can have
supervised swimming right near the shallow end.
As the pool and small concrete patio makes the lot impervious reach just under 50% hard cover, we are taking
steps to direct the stormwater from the back half of the house that flows into the gutter and downspouts into a
drain tile system. This drainage system will discharge safely away from the pool into a large infiltration zone,
similar to a septic drain field, that allows an area of 390 sq. ft. x 18" deep to receive the storm water in the
ground and percolate into the soils, with an excess being able to leave the drain the system through a surface
exit grate, as shown in the location on the plan. This will allow much of the water from the roof area of the
house to successfully enter into the soils on site, to help offset the rate of flow from this property into the
neigborhood stormwater infrastructure.
Please see the attached application materials and let me know if you have questions as we hope to have this all
set and ready to go for discussions on how to help this pool and landscape solution become a success.
Best regards,
Dave Sonka
MNLA CP
Landscape Design Studios
651-239-6460
dave@landscapedesignstudios.com
OPTION A -CONNECT POOL DECK TO PATIO
BELOW THE DECK (ALREADY PART OF IMPERVIOUS
SURFACE CALCULATION) TO MAKE A CONTIGUOUS
POOL DECK AREA AND PATIO.
LOT AREA
HOUSE, DRIVEWAY,
PORCH, WALKWAY
7,360 5F UNOFFICIAL
2,525 5F
DECK 2q0 5F (CONC. PATIO 15 BELOW)
PATIO (WILL BE REMOVED)
ADDED? 21815 SF OR 38.2 PERCENT WITH
CONCRETE THAT HA5 BEEN REMOVED
IL POOL, POOL
DECK, CONCRETE 840 5F
DECK TO BE REMOVED (NOT PLANNED, - 2q5 5F)
ADDED TOTAL IS .
...... ._........
840 5F OR 31655 5F OR 4g66 PERCENT.
Lnvyn f
TOPS It KRI
3085 Lowe
Stillwater, I
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Commn Name
er Plants
ALLITI, SUMMER BEAU
GR. CALAMAGROSTIS,
GR NELICTOTRICNON,
GR. MI5CANTNU5, GRAB
HEM., RUBY 5TELLA
JUNIPER, WICHITA BLUE
NINEBARK, DIABOLO
NINEBARK, DIABOLO
SPIREA, GLOW GIRL
ARK, DIABOLO
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OPTION A � CONNECT POOL DECK TO PATIO
BELOW THE DECK (ALREADY PART OF IMPERVIOUS
SURFACE CALCIJLAfiIDN) fi0 MAKE A CONfiIGUOIYo
POOL DECK AREA AND PATIO,
780 SF
RESIDENCE
DESIGNED BYt DAVE SONKA
MNLA GP - 661-23q-6360
t1cB
T FOR CONSTRUCTION - FOR ESTIMATION
REVIEW PURPOSES ONLY, UNTIL. PERMIT
UED FOR POOL AND ALL LANDSCAPE FEATURES
PERMITTED AS RE6J2ED BY TIE 14RED 1.1VI1J
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ADDED? 2,81
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/4
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UPDATED LANDSCAPE IDESIGh
NOTES ON THE PROJI ICT,
VERSION 4=1=2024
DAVID SONKA, MNLA CP
(a51-23q—(04(oO
11 1 tems�fi wr
The Birthplace of Minnesota
May 10, 2024
Ground FX Lawn & Landscape, Inc.
2320 Leibel St. Suite 106
White Bear Lake, MN 55110
Re: 3085 Lowell Ct. Variance Request
Dear Ryan Zwonitzer,
City Staff reviewed the Variance request application for the above property pertaining to a
proposed 14'x16' in ground swimming pool. The proposed Variance request is to allow 49.6% of
structural impervious where 25% structural impervious surface is required.
The initial application for a 16'x32' square foot pool at this property was denied by the City on
February 21, 2024 noting that the property was already over on it's allowed impervious surface.
Upon initial contact with you, the applicant, Staff noted that a variance request of this nature
would have a low likelihood of approval. This is specifically due to the request not meeting the
Practical Difficulty requirements. Staff noted this same concern in multiple conversations over
the course of this project application, at various stages of review.
A variance application to exceed the permissible impervious surface by 24.6% was submitted
April 22, 2024. While the request shows an effort on the applicant's part to reduce the impact
of the proposed increase, upon review of the variance application, staff found that the request
did not met the "practical difficulty" test required to grant a variance.
Staff would like to note that the property owners are well within their right to request a
variance. Based on the application materials submitted, Staff will be recommending denial of
the variance to exceed the impervious surface requirements.
Please do not hesitate to reach out with any questions.
ioK�-
Katriona Molasky
City of Stillwater
Assistant City Planner
216 4th Street North, Stillwater Minnesota — 651-430-8800 — www.stillwatermn.gov
From: Lauren Thayer <Imthayer@yahoo.com>
Sent: Saturday, May 11, 2024 5:32 PM
To: Planning Dept <planningdept@stillwatermn.gov>
Subject: Case no. CD 2024-020
[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.
Afternoon,
I just received a notice in the mail about case no. CD 2024-020 relating to a pool being put in at 3085
Lowell Ct.
I fully support their desire to put in a pool. I feel like this would be a great addition as our neighborhood
is very kid centered. The Opitz family are also really responsible people and would properly take care of
the pool and surrounding areas. After speaking with them they have done alot of research and have a
water mitigation plan for their landscaping. This will exceed impervious surface requirements and I am
very confident they will take the steps every year to ensure this is well maintained.
If you have any questions please feel free to reach out!
Thank you,
Lauren Cardinal
From: Tom & Katie Klug <klugerson@gmail.com>
Sent: Monday, May 20, 2024 4:43 PM
To: Planning Dept <planningdept@stillwatermn.gov>
Subject: Variance Request: Case No. CD 2024-020
[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.
To whom it may concern,
We are writing regarding the variance request for 3085 Lowell Court (Opitz), Case No. CD 2024-020. Our
family lives at 3077 Lowell Court, which is the adjacent property to the east of the Optiz family. We
wholly support and ask that the Planning Commission approve their request. Numerous other homes in
our development have successfully undertaken similar projects that exceed impervious surface
standards, with some of those projects requiring a higher percentage of coverage than what is being
requested here. Furthermore, we've seen the proposed project plans and believe that it would be
beneficial to the overall character and appearance of the neighborhood. As one of the residences that
immediately surrounds the area where the proposed project would occur, we ask that you take our
support into consideration.
Thank you,
Tom & Katie Klug
(651) 955-6116 1 (651) 260-1138
From: Jonathan Moehnke <jonathan.moehnke@gmail.com>
Sent: Tuesday, May 21, 2024 10:04 AM
To: Planning Dept <planningdept@stillwatermn.gov>
Subject: The Opitz Family - Case No. CD 2024-020
[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.
Good morning, Stillwater Planning.
My name is Jon Moehnke and my family of five and I enjoy our wonderful community at 3080 Lowell
Ct. I am writing to you today to offer my utmost support for my neighbor's (The Opitz Family's) current
request for a Variance to construct a pool in their backyard.
Having gotten to know Tom and Kristen quite well over recent years, I can say they are the epitome of
considerate and upstanding community members. Because of this, it was no shock to me after hearing
their plans and the subsequent need for a water mitigation plan and infiltration system to be
added, Tom and Kristen took the matter seriously and with the utmost respect. As a proud naturalist, I
have full faith in The Opitz's ability to maintain the health and wellbeing of our neighborhood's
surrounding natural area; but as a father, I much, much appreciate their desire and generosity to
provide such a wonderful benefit to the dozens of children within our neighborhood. It will be a real
value to the kids and the whole neighborhood during those long hot summer months when nearby clean
water activities are in such short supply.
Thank you for considering their request.
Sincerely,
Jon Moehnke
From: Kendra Lohmer <klohmer@gmail.com>
Sent: Tuesday, May 21, 2024 10:43 PM
To: Planning Dept <planningdept@stillwatermn.gov>
Subject: Written Comment re: Case #CD 2024-020
[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,
We are writing in as a neighbor of Tom and Kristen Opitz - Case # CD 2024-020).
We are aware that they have been thoughtfully planning this for over a year now. They have
given time to think through the details and taken partners in how to best execute it. They have
shared with us the plan to strategically place the pool to adhere to the variance requirements,
and have thorough plans for a water mitigation system. We know that if there are other things
that they need to consider or adjust, that they would be open and willing to understand and do
what is necessary.
Additionally, we know from other work we have done, that the Millbrook neighborhood also has
built in space to accommodate these requirements, which must have been taken
into consideration with other neighborhood pool decisions.
We have known Tom and Kristen for over 6 years now, and we feel very lucky to be their
neighbors. They have only improved their house and lot since moving in, and are clearly still
invested in making this neighborhood a place to raise our children. It is decisions like these that
keep families living in the city of Stillwater and not seeking "more land" outside of the city
limits.
We ask for your careful consideration and approval of this case.
Thank you,
Chris and Kendra Lohmer
651-208-9686
From: Cindi Rutten <cinrutten@gmail.com>
Sent: Wednesday, May 22, 2024 10:14 AM
To: Planning Dept <planningdept@stillwatermn.gov>
Subject: Case No. 2024-020, 3085 Lowell Ct
[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.
To whom it may concern:
We received the letter regarding Case No 2024-020. Our house at 3120 Lowell Ct shares a small corner
of property with 3085 Lowell Ct (think kitty corner).
We appreciate the notice regarding the possibility of a pool at the 3085 residence. At this time, we see
no issue for our property or theirs in regard to water mitigation. Mr and Mrs Optiz may be the most
considerate and respectful neighbors in the Lowell Ct loop and we believe they would do any due
diligence to have a professional landscaping plan to enhance the pool area and water mitigation
because of the pool.
Please reach out if you have any questions.
Best,
Cindi Rutten
608-443-8033
LEAGUE OF
MINNESOTA
CITIES
CONFERENCE
RECAP
2024
SESSION: TRUST DURING INFRASTRUCTURE FAILURE
Efficient Issue Resolution:
Quickly elevate field issues to
the office.
Emergency Operations
Center: Set one up if you're
considering it.
Active Listening: Provide
multiple platforms for residents
to express concerns, including
door knocking, meetings, and
dedicated communication lines.
Media Strategy: Embrace
media coverage, regardless of
tone; focus on recovery efforts.
Council and Staff
Collaboration: In St. Louis
Park, council focused on
community presence, leaving
staff to handle emergency
responses.
Frequent Update: Regularly
post updates on all projects,
regardless of scale, to rebuild
trust.
Resource Engagement:
Utilize additional resources like
Berkly Risk for claim
management and county social
services for mental health
support.
In spring 2022, St. Louis Park experienced two water main breaks, prompting extensive emergency coordination,
planning, and significant community and financial impacts. Lessons from Council Member and City Manager:
SESSION: EXPLORING ALTERNATIVE FUNDING SOURCES
Utility-Based Funding: Revenue from public utility
franchises and fees supports infrastructure like streets
and parks.
Utility Funds: Manage costs via Storm Water and
Street Lighting funds, charging properties based on
usage.
Development Funding: Public facility improvements
funded through Economic Development Authorities and
Housing Improvement Areas.
Service Districts: Enhanced services funded by Special
Service Districts with charges based on area benefits.
Financial Practices: Regularly adjust fee schedules;
utilize internal loans for funding within city
departments.
Grant Opportunities: Access diverse funding through
federal and state grants, ensuring compliance with best
practices.
Innovative Funding: Implement Conduit Bond Fees
and Developer Escrow to support private development
and public assistance projects.
SESSION: CYBERSECURITY REAL-LIFE
Incident Insights: Learned from Mayer's fraudulent
email incident and Thief River Falls' ransomware attack.
Preventive Actions: Both cities enhanced their
cybersecurity protocols post-incident. Mayer improved their IT policies and infrastructure, while Thief River
Falls invested in robust cybersecurity measures like
Multi-Factor Authentication and network segmentation.
Community Impact: Effective communication with
citizens helped manage the impact and maintain trust in
city management.
Financial Implications: Cyber incidents can be costly, highlighting the importance of robust cybersecurity
insurance and budget allocations for potential data
restoration and system repairs.
Recommendations Were Affirming:
Regular Assessments: Conduct regular Security Maturity Assessments to identify vulnerabilities.
Staff Training: Implement continuous cyber training
for all city staff to recognize phishing attempts and other cyber threats.
Community Engagement: Keep the public informed
about cybersecurity efforts and protocols to enhance
collective vigilance.
Recovery Planning: Develop a clear incident response
and recovery plan to ensure rapid service restoration
and minimize operational disruptions.
TIMELINE OF THE THIEF RIVER FALLS RANSOMWARE ATTACK
• Initial detection of
backup failure
error messages.
Early Morning,
December 6, 2020
• External vendor
reports inability to
access systems
remotely.
Noon, December
6, 2020 • On-site
investigation
begins; significant
network issues
identified.
12:30 PM,
December 6, 2020
• Public press
release issued
detailing the cyber
incident
December 9, 2020
Impact:
•Loss of public trust.
•The city incurred $84,000 in data restoration and system repairs costs, with insurance covering $59,000 of the
expenses.
THIEF RIVER
FALLS
RANSOMWARE
ATTACK
THIS IS WHAT AN
ATTACK LOOKS
LIKE.
THIEF RIVER FALLS
RANSOMWARE ATTACK
THIS IS WHAT AN
ATTACK LOOKS LIKE.
SESSION: EFFECTIVE COMMUNICATION IN CHALLENGING TIMES
Addressing Controversy: Focus on topics like tax increases, emergency responses, and urban development,
which often spark significant community discussion.
Communication Strategies: To navigate contentious issues, utilize transparency, timely information sharing,
empathy, and community engagement.
Tools and Techniques:Implement diverse communication tools such as town hall meetings, social media,
newsletters, and direct outreach to keep stakeholders informed and involved.
Building Trust: Establish clear, empathetic messaging that resonates with community values and concerns,
promoting understanding and cooperation even in difficult discussions.
SESSION: STRATEGIC APPROACHES TO TRANSPORTATION PROJECTS
Collaborative Leadership: Emphasize the importance of cities, like Stillwater, taking a proactive role in leading
transportation projects even when they fall under county or state jurisdictions.
Funding Strategies: Effectively utilize federal and state funds, leveraging the Infrastructure Investment and Jobs
Act (IIJA) and other state-funded programs to finance critical transportation improvements.
Community and Agency Engagement: Build coalitions with local government agencies, community members,
and political stakeholders to ensure broad support and shared project vision.
Project Delivery: Highlight key steps from documenting transportation needs to identifying funding sources and
executing projects, as demonstrated in successful case studies like the City of Coon Rapids TH 610 & Blaine’s 65
Corridor project.
Punchline: There is no easy path. Make a plan, build a coalition, take partners, and push.
BLAINE’S HIGHWAY 65 PROJECT
$200,000,000 Project
Project Scope: Transforming Trunk
Highway 65 into an expressway to
freeway corridor from 99th Avenue
to 117th Avenue.
Community Impact: Identified as
the community’s top priority for
enhancing transportation
infrastructure and safety.
Team and Coalitions: Extensive
collaboration with local and state
agencies, including MnDOT and
Anoka County.
You're Invited',
Management Plan Update
Kickoff Meeting
Join us July 9th from 4:00-6:00 pm
at the Stillwater Public Library
Margaret Rivers B Room
BCWD is beginning an update of the ten-year
management plan that guides all
implementation activities in the watershed
district. Your participation will make this a
stronger plan to improve and preserve natural
resources. We want to hear from you!
Light refreshments will be provided.
RSVP appreciated but not required: cblake@mnwcd.org
BROWN'S
DISTRICT
T J .
r13f&&;Z.-4
More info: bcwd.org
Board of Commissioners
Fran Miron, District 1
Chair, Stan Karwoski, District 2
Gary Kriesel, District 3
Karla Bigham, District 4
Michelle Clasen, District 5 BOARD AGENDA
*Emergency Meeting*
June 28, 2024 - 2:00 PM
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
Washington County is an equal opportunity organization and employer
1.2:00 Roll Call
Pledge of Allegiance
2.Sheriff's Office - Doug Berglund, Emergency Services Manager
A.Approval of Resolution Declaring a State of Emergency in Washington County related to
Flooding Condition
3.2:30 Adjourn
BOARD AGENDA
Board of Commissioners
Fran Miron, District 1
Chair, Stan Karwoski, District 2
Gary Kriesel, District 3
Karla Bigham, District 4
Michelle Clasen, District 5
June 25, 2024 - 9:00 AM
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
Washington County is an equal opportunity organization and employer
1.9:00 Roll Call
Pledge of Allegiance
2.9:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is
listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or
the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments.
Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will
not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's
presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of
Washington County's responsibilities.
3.9:10 Consent Calendar - Roll Call Vote
Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
A.Approve an amendment to grant Contract No. 15240 between Washington County and the
Minnesota Department of Human Services, for Housing Supports for Adult with Serious
Mental Illness (HSASMI) program to add $225,400 in grant funds and extend the term of the
agreement to June 30, 2026.
B.Approve update to Post-Employment Health Care Savings Plan for the unrepresented
Confidential Unit.
C.Approval to modify Personnel Rules and Regulations Section 20 - Employment Outside of
County Service.
D.Approve MNLINK Agreement Contract No. 16600 between Minitex and Washington County
for the period of July 1, 2024, through June 30, 2029.
E.Approve Comcast Phone and Internet Agreement for the Valley Library Contract No. 16601 in
the amount of $5,001.75.
F.Adopt a resolution approving the Sporleder litigation settlement, authorizing the County
Auditor to participate in the settlement, and authorizing the County Attorney to execute the
settlement agreement.
G.Approve a grant application to the Minnesota Board of Water and Soil Resources Habitat
Enhancement Landscape Pilot (HELP) Grant program.
H.Adopt a resolution to accept a bench donation in the amount of $3,500 from Jeff Severseike and
family for a steel bench to be placed at Point Douglas Park.
I.Approval to add 1.0 FTE (full-time equivalent) Special Project Inventory Specialist position in
the Public Works Department Transportation Division.
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
4.9:10 Community Services - Michelle McIntosh, Social Services Supervisor
A. Presentation of an award and recognition of the 2024 Child Care Provider of the year,
nominated by Washington County's Childcare licensors, committee and families.
Public Works - Greg Miller, Building Services Project Manager
A.Approve Contract No. 16572 with Dering Pierson Group in the amount of $251,081 for the
Lake Elmo Contact Station Upgrade Project.
J.Adopt a resolution to accept a donation in the amount of $1,000 from Linda Craig to go towards
the Parks and Trails Pavement Preservation project at Lake Elmo Park Reserve.
K.Adopt a resolution to approve and accept a donation of fire suppression tools.
Consent Calendar continued
6. 9:40
7. 10:10
8.10:25
9.10:25
10.10:30
11.11:00
12.11:30
13.11:45
General Administration - Kevin Corbid, County Administrator
A. Summary of the outcomes of the 2024 Legislative Session
Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information,
or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will
be scheduled for a future board meeting.
Board Correspondence
Adjourn
Reconvene as the Washington County Board of Appeal and Equalization
Board Workshop with Public Works
A. Discuss three maintenance and operations agreements for METRO Gold Line.
Break
Board Workshop with Administration
A. Consider a potential Land and Water Legacy Program (LWLP) conservation easement project
on approximately 76 acres in the City of Scandia.
5. 9:30