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Home My WebLink About2024-08-20 CC Agenda Packet11 Jw�lr 216 41h Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING August 20, 2024 SPECIAL MEETING 3:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. 2025 Proposed Budget Workshop IV. RECESS REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE Vill. RECOGNITIONS OR PRESENTATIONS 2. Proclamation for Stillwater Country Club celebrating their Centennial Anniversary 3. Council Service Award for John Murphy (Valley Access Broadcasting) 4. Certificate of Appreciation for Donna Robole, Human Resources Manager — Resolution IX. OPEN FORUM — 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. X. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 13. August 7, 2024 Workshop and Regular Meeting Minutes 14. Payment of Bills 15. Chestnut Plaza Project Final Payment 16. City Hall HVAC Project Change Order 17. Community Development Block Grant and HOME Investment Partnership Program Cooperative Agreement Renewal 18. EnGreaGhment Agreement for 44 2"d-St.,S- 19. Lumberjack Landing Design Services Contract Amendment 20. Minnesota State Armory Building Commission Lease Agreement Amendment 21. Pond Inspection Survey Project Agreement 22. Solid Waste, Recycling and Roll -off Hauler License for Sanimax 23 St Croix Valley Reg Genter Roof ReplaGement Rroient Centrant Agreement 24. Temporary Liquor License for River Siren Brewery Bands for the Brave Event 25. Therapeutic Massage Business and Individual Massage Therapist License — Resolution 26Varatien of drainage and Utility Casement at 201 and 211 Olive St %N _ Moved to Public Hearing Xll. PUBLIC HEARINGS —when addressing Council please limit your comments to 10 minutes or less. 27. Proposed Vacation and Discontinuance of a Permanent Drainage and Utility Easement at 201 and 211 Olive St W (Case 2024-030) - 2 Resolutions — Postponed from August 7th XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 28. Manitou Fund Arts and Cultural Center Zoning Text Amendment and Conditional Use Permit — Ordinance 2"d Reading and Resolution 29. Charter Amendment for Sections 4.03 and 5.12 — Ordinance 1st Reading XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda August 20, 2024 11 ater, w THE BIRTHPLACE OF MINNESOTA DATE: August 20, 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 $696,935.72 has been sent to the Mayor and City Council Members to approve for payment. 11 Jw�lr 216 41h Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING August 20, 2024 SPECIAL MEETING 3:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. 2025 Proposed Budget Workshop IV. RECESS REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE Vill. RECOGNITIONS OR PRESENTATIONS 2. Proclamation for Stillwater Country Club celebrating their Centennial Anniversary 3. Council Service Award for John Murphy (Valley Access Broadcasting) 4. Certificate of Appreciation for Donna Robole, Human Resources Manager — Resolution IX. OPEN FORUM — 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. X. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 13. August 7, 2024 Workshop and Regular Meeting Minutes 14. Payment of Bills 15. Chestnut Plaza Project Final Payment 16. City Hall HVAC Project Change Order 17. Community Development Block Grant and HOME Investment Partnership Program Cooperative Agreement Renewal 18. Encroachment Agreement for 419 2nd St. S. 19. Lumberjack Landing Design Services Contract Amendment 20. Minnesota State Armory Building Commission Lease Agreement Amendment 21. Pond Inspection Survey Project Agreement 22. Solid Waste, Recycling and Roll -off Hauler License for Sanimax 23. St. Croix Valley Rec Center Roof Replacement Project Contract Agreement 24. Temporary Liquor License for River Siren Brewery Bands for the Brave Event 25. Therapeutic Massage Business and Individual Massage Therapist License — Resolution 26. Vacation of Drainage and Utility Easement at 201 and 211 Olive St W — 2 Resolutions XII. PUBLIC HEARINGS — None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 27. Manitou Fund Arts and Cultural Center Zoning Text Amendment and Conditional Use Permit — Ordinance 2nd Reading and Resolution 28. Charter Amendment for Sections 4.03 and 5.12 — Ordinance 1st Reading XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda August 20, 2024 �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: 2025 Budget Proposal Pursuant to Article VII. Section 7.01 of the Stillwater City Charter, I am pleased to present the City Administrator's 2025 Budget Recommendation for the City of Stillwater for your review and consideration. The 2025 Budget Recommendations propose a budget that continues and enhances excellence from city services and programs to meet the needs of the citizens of Stillwater. The City Council has consistently worked through Strategic Planning to address: revenue enhancement; increasing service demand; increasing operational costs; managing infrastructure needs; maximizing economic development opportunities; and planning for changing dynamics in the workforce and community. The recommended total property levy increase for 2025 is 7.77%. Some highlights of the proposed 2025 Budget include: Operational Highlights ■ Two new positions. o Assistant City Administrator o Senior Building Official o Creating two Police Sergeant positions (upgrade of existing positions) ■ Comprehensive Park Planning Study ■ Increase in Building Repairs budget ■ Economic Development Capital Improvement Highlights ■ Recreation Center Parking Lot (fund balance) ■ Police Locker Room rehabilitation ■ Riverfront Parks development ■ Downtown Street Lighting ■ PW Roof Replacement (insurance and fund balance) Closing The City Council will meet on Tuesday, August 201h at 3.30 p.m. for a preliminary review of the City Administrator's 2025 budget recommendations included in the slide deck. The City Council must adopt a preliminary 2025 budget and certify the maximum City property tax levy to the County by September 30, 2024. 1 lwater THE BIRTHPLACE OF MINNESOTA 2025 Budget Pressures • Local Government Aid (LGA) • Health Insurance Premiums (12% increase) • Staff Wage Adjustments tlIlwvaIer. • $148,473 Increase/Decrease in Operating Expenditures • 1 % of Levy • Fuel / Energy Costs 1 % Increase/Decrease in Health Insurance Premium • Opportunities to Diversify Revenues $4,065 • Staffing • Capital Requests • Special Revenue Funds tlIlwvaIer. Strategic Budget Elements - 2025 • Reduce reliance on state Local Government Aids (LGA) for operations support — over time move LGA to support capital expenditures • Consider staffing adjustment requests where possible to match service demand for increased city resources • Consider strategic use of certain fund balances to reduce potential levy costs 0 Utilization of funds for capital projects 1i1lwvaler. Strategic Plan Alignment of 2025 Proposed Budget Items • Administration Staffing — Communication strategy, planning, implementation • Comm. Dev./Building — improve customer service, staffing model • Develop a Plan to modernize, update, and replace technology (IT) • Plan for and fund capital projects — • PFAs — identified sources and planning longer range • Development Infrastructure costs (along Highway 36) • Riverfront Infrastructure and Improvements • Cameras in Downtown its water Property Tax Levy Proposed 2oz5 vs Adopted 202� 2024 2025 2025 Adopted CITY-WIDE LEVY Requested Proposed $ Increase I % Increase $14,847,295 General Operating Tax Levy $16,139,320 $15,803,605 $956,310 6.441% $3,982,058 Debt Service Tax Levy $4,714,402 $4,489,402 $507,344 12.741% .. Cm -Ammmu--�� 'm M $41,800 WMO Tax Levy ��M $41,800' $41,800 1 Property Tax Levy Proposed 2025 G.O. Capital Outlay 2014A G.O. Capital Outlay 2016A V G.O. Capital Outlay 2017A General Revenue Tax Levy # $15,803,605 Required Debt Service Tax Levy $3,364,40 New Debt Service Tax Levy $1,125,000 Total Debt Service Levy TOTAL CITY-WIDE LEVY WMO Levy y�� :• Ali G.O. Capital Outlay 2018A G.O. Capital Outlay 2019A G.O. Capital Outlay 2021A G.O. Capital Outlay 2022A G.O. Capital Outlay 2023A ' New Bond �IssMaWd Ma"fili 2024 Capital Improvement Projects its lwater $478,213 $240,660 $173,129 $477,978 $428,662 $402,675 $578,130 $584,955 $4,000,000 2025 Capital Improvement Projects $2,600,000 Property Tax Levy Last 5 years and Proposed 2025" Iater its lw 2020 $10,587,577 $4,022,126 $14,609,703 $921,477 6.732% 2021 $11,270,799 $3,678,755 $14,949,554 $339,851 2.326% 2022 $12,032,975 $3,890,822 $15,923,797 $974,243 6.517% 2023 $13,265,987 $4,221,060 $17,487,047 $1,563,250 9.817% 2024 $14,847,295 2025* $15,803,605 City of Stillwater $3,982,058 $18,829,353 $1,342,306 $4,489,402 $20,293,007 $1,463,654 Average $25,000,000 $20,000,000 $15,000,000 $10,000,000 7.676% 7 773% $5,000,000 6.807% $0 ■ ■ Debt Service Tax Levy ■ General Tax Levy New Positions Proposed - 2025 Building Inspections Senior Building Inspector Administration Assistant City Administrator Poll a artment Upgrade two Sergeants 00 Police / Fire Patrol Officer / Firefighter 1.0 $108,100 $108,100 0.73% 1.0 $169,900 $169,900 1.14% 0—$18,000—$18,000 0.12% 0 $130,000 $130,000 0.88% itI. lwater tlIlwvaIer. Public Safety Funds State Funds —one time • $851)750 • ($115,030) — 2024 Fire Fighter • ($144,340) — 2024 Police Officer • ($50,000) — 2024 Police Equipment • ($130,000) — 2025'/2 Police Officer &'/2 Fire Fighter 0 $412)380 —Remaining Iater its lw Noted Positions Running List • Investigator • CSO 1 4 Firefighters 2 Fire Fighters • 2 Firefighters Later for 24/7 ManaW GemmuniGatieRS pesitieR Building InspeGte Facilities Maintenance • IT Position its water Notable Line Items 2025 Operating Budget Mayor/Council Lobbyist $40,000 $40,000 Mayor/Council Economic Development $10,000 $10,000 Administration Minutes $15,000 $15,000 Police Training $75,000 $75,000 Unallocated Youth Advantage $11,375 $5,000 Parks Park Planning (Fund Balance) $100,000 $100,000 GENERAL FUND Operating Revenues/Expenditures 111water THE BIRTHPLACE OF MINNESOTA tlIlwvaIer. General Fund Operating Revenues � of Adopte"- Revenue Type Requested Proposed.. variance ,,' Budget.,-- $11,718,046 Levy $12,834,446 $12,498,731 $780,685 73.88% 490,000 Franchise Fees 490,000 490,000 0 2.90% 41,900 Other Property Taxes 40,600 44,600 2,700 0.26% 665,900 Licenses and Permits 733,150 745,150 79,250 4.40% 1,301,701Intergovernmental 1,357,224 1,392,224 90,523 8.23% 1,461,994 Charges for Services 1,470,721 1,470,721 8,727 8.69% 50,000 Fines and Forfeits 49,400 49,400 -600 0.29% 373,050 Miscellaneous 227,750 227,750-145,300 1.35% AN Total Revenues■ $507,324 Local Government Aid (LGA) in General Fund 755,066 LGA for Capital Outlay $1,262,390 Total LGA City of Stillwater Local Government Aid (LGA) Received in last 10 years and Certified 2025* IlIw_a er. :� MAmount $1,200,000 2015 $629,046 2016 $645,603 $1,000,000 2017 $650,846 $800,000 2018 $732,114 2019 $736,496 $600,000 2020 $801,740 $400,000 2021 $827,165 2022 $827,165 $200,000 2023 $822,214 $0 2024 $1,257,758 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025* 2025* $1,262,390 General Fund Operating Expenditures $224,101 Mayor & Council $44,500 Elections $684,014 MIS Support Services $614,976 Finance $334,017 Human Resources $830,809 Administration $202,925 Legal/City Attorney $455,646 Plant/City Hall $657,492 Community Development $5,659,484 Police $2,838,677 Fire tr-nn lna $214,520 $214,520 -$9,581 $7,000 $7,000 -$37,500 $795,283 $769,374 $85,360 $626,440 $626,440 $11,464 $355,698 $355,698 $21,681 $985,220 $990,220 $159,411 $201,330 $201,330 -$1,595 $539,989 $525,989 $70,343 $725,010 $625,010 -$32,482 $5,920,810 $5,897,504 $238,020 $2,960,330 $2,960,330 $121,653 ('--7n') nan tr-r-2 r-on tno n41 Iater its lw General Fund Total $12,105,130 Personnel Services $799,875 Supplies $2,955,121 Services and Charges $242,465 Miscellaneous 2025 Budget Impacts $12,919,535 $12,810,320 $917,800 $842,300 $3,103,341 $3,077,341 $262,615 $227,615 5.31 % proposed increase in General Fund operating expenditures $20,000,000 $18,000,000 $705,190 $16,000,000 $14,000,000 $42,425 $12,000,000 $122,220 $10,000,000 $8,000,000 -$14,850 $6,000,000 • I $4,000,000 $2,000,000 $0 dlllwaler Operating Expenditures 2024 Adopted 2025 Requested 2025 Proposed ■ Personnel Services ■Supplies ■ Services and Charges ■ Miscellaneous SPECIAL REVENUE FUNDS OPERATING REVENUES/EXPENDITURES ,1 l lwa ter THE BIRTHPLACE OF MINN E S O T A dlllwaler Special Revenue Fund Special Events jz cu�a cucI Operating Expenditure )pte Revenue Type Requeste Propose Variance $/ 111 $48,000 Property Taxes $48,000 $48,000 $0 $60,000 / 111 $60,000 Total Revenues $60,000 $60,000 $0 / III / III / III )24 2025 2025 1 .r.�...J G..r...r..Jii..r.. T-- D......w..i...J Dr..........d \/...ri...r.ww 2024 • ••• -• 2025 Requested 2025 Propose# $3,000 Services and Charges $3,050 $3,050 $50 $9,000 Miscellaneous $8,950 $8,950 -$50 ■Services and Charges $48,000 Fireworks $48,000 $48,000 $0 ■Miscellaneous ■ 0 ■ ■ Fireworks ►.1 111 • • • .1 111 Special Revenue Fund St Croix Valley Recreation Center $1,996,065 Charges for Services $2,120,043 $2,120,043 "�"� $2,500,000 $123,978 $2,000,000 r.T.TdiL:� $1,500,000 $1,000,000 RTT.T.T� 1500,000 $0 $212,216 Supplies $211,617 $2* 11,617$599 $1,498,055 Services and Charges $1,503,832 $1,503,832 $5,777 $24,000 Miscellaneous $26,500 $26,500 $2,500 $162,717 Debt Service Contribution $164,975 $164,975 $2,258 $110,000 Transfer to Capital Outlay $212,000 $212,000 $102,000 City of Stillwater Iater its lw Operating Expenditures 2024 Adopted 2025 Requested 2025 Proposed ■ Debt Service/Capital Outlay ■ Miscellaneous ■Services and Charges ■Supplies Debt Service Contribution $200,000 $150,000 $100,000 $50,000 I $0 O�5 Orb 0�1 O�� 0�9 OHO O1� O61 0�3 OAR 0�5 Iater its lw Special Revenue Fund Library Operating Expenditures 2024 20251 $1,800,000 Adopted Revenue Type Requested Proposed • • - $1,600,000 $1,565,996 Property Taxes $1,658,084V' $1,658,084W$92,088 $1,400,000 m $1,200,000 $6,200 Services and Charges $8,200 $8,200 $2,000 $1,000,000 $21,587 Miscellaneous $21,587 $21,587 $0 $800,000 $600,000 Total• ' 1 $400,000 $200,000 2024 2025 2025$0 2024 Adopted 2024 2024 Adopted— • - • - Type Requested Proposed • • Requested Proposed $1,296,645 Personnel ServicesW $1,367,035' $1,367,035 $70,390 ■ Personnel Services ■ Supplies $101,400 Supplies $92,500 $92,500-$8,900 ■Services and Charges ■ Miscellaneous/Capital $205,300 Services and Charges $224,488 $224,488 $19,188 $6,036 Miscellaneous $5,021 $5,021-$1,015 Property Taxes $0 Transfer to Capital Outlay $0 _ $0 $0 $1,800,000 RPM • W. Total Expenditures $1,600,000 $1,400,000 $1,200,000 'fl4 2025 Budget Impacts $1,000,000 $800,000 5.9% increase in property taxes (2025 Proposed vs 2024 Adopted) $600,000 $400,000 2024 Maintenance of Effort (MOE) requirement = $852,617 $200,000 $0 2020 2021 2022 2023 2024 2025 City of Stillwater ■ Add'I ■ MOE Special Revenue Fund Parks $1,446,253 Property Taxes $1,529,790 $1,490,790 $44,537 $29,000 Services and Charges $39,000 $39,000 $10,000 $10,000 Miscellaneous J�$10,000 $10,000& $0 ' Total1 1� $975,233 Personnel Services r $138,600 Supplies $345,920 Services and Charges $1,004,635 $1,004,635 $29,402 $149,150 $143,150 $4,550 $474,505 $441,505 $95,585 $50,500 Miscellaneous $80,500 $80,500 $30,000 $0 Transfer to Capital Outlay $0 $0 $0 1Total Expenditures Includes use of $130,000 fund balance. $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 dlllwaler Operating Expenditures 2024 Adopted 2025 Requested 2025 Proposed ■ Personnel Services ■Supplies ■Services and Charges ■ Miscellaneous/Capital Special Revenue Fund Community Beautification 1 Miscellaneous1 1 1 $30,000 $69,000 Total Revenues $70,205 $70,205 $1,205$25,000 $20,000 �24 �Mm "' )pied Expenditure Type 000 • 111 Supplies $29,000 $29,000 / $5,000 529.000 Total Exnenditures i 529.000 $29.000 50 ' 0 tlIlwvaIer. 2024 Adopted 2025 2025 Proposed Requested 2025 Budget Impacts ■Supplies Per Resolution #2013-162, dated September 17, 2013 - requires a minimum $15,000 budget appropriation. Special Revenue Fund Lodging Tax K$300,000 Intergovernmental $0 Miscellaneous $10,562 Personnel Services $OServices and Charges $285,000 Lodging Tax Disbursements �w $350,000 F$350,000-ir $50,000 $6,000 $6,000 $6,000 $10,855 $40 $332,500 $10,85519 $293 $40 $40 $332,500 $47,500 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 tlIlwvaIer. Operating Expenditures 2024 Adopted 2025 Requested 2025 Proposed ■ Lodging Tax Disbursements ■ Service and Charges ■ Personnel Services its water Capital Outlay General Fund Administration $18,000 $0 Finance $66,200 $66,200 Fire $708,475 $651,875 MIS $89,000 $145,000 Plant/City Hall $14,563 $1,008,000 Police $349,380 $349,380 Streets $560,000 $540,000 Total General Fund $1,805,618 $2,760,455 St Croix Valley Recreation Center $515,500 $220,000 Library $147,000 $102,000 dlllwaler Permanent Improvement Projects Proposed I r'I 7J CflLFdIILU IVIU11LIFT IR Bridgeview Park - Bergstein Shoddy Mill Bridgeview Park (south area) BP k( t II &t d k) ri geview ar cen ra awn rans oc $600,000 $600,000 Lumberjack Landing $1,000,000 $200,000 $800,000 $2,000,000 CSAH 5 Road & Trail improvement (phase 3) Annual Street Improvement Project $980,000 St. Croix Center (south parking lot) $250,000 $1,820,000 2025 Budget Impacts Maximum planned bonding is approximately $2,600,000. $1,000,000 $250,000 $2,800,000 $1,000,000 t111waler. Major Capital Project Overview 2025 • Lumberjack Landing • Bridgeview Park • Lowell Park Pavilion • St. Croix Valley Rec Center Parking Lot • Downtown Street Lighting — Lighting/ARPA/MSA • Police Locker Room rehabilitation Utility Improvement Projects Sanitary Sewer Street Lighting Wat6er7 Lift station upgrade (Aiple) Brick Street lift staion (Rumphs) Lift Station Upgrade (Nelson) LED City lights conversion Wellhouse pump & rehab Truck - water utility PFAS temporary treatment facility PFAS water treatment design $420,000 $70,000 $140,000 $25,000 $50,000 $130,000 $5,000,000 $750,000 its water Cite of *tiCCmater, Minnesota WHEREAS, Stillwater Country Club, originally called the Stillwater Golf Club was founded in July 1924 at a Stillwater Rotary Club meeting. The Club is an 18-Hole Private, Member Owned Club located in picturesque Stillwater, Minnesota overlooking the scenic St. Croix River Valley; and WHEREAS, with the help of Tom Vardon, the brother of the famous English golfer Harry Vardon, the farmer's field on the North Hill, known as "Atwoods Field" was chosen and he designed a 9-hole golf course. Members picked stones and pulled weeds to get the course in playing condition and used an old army tent for their clubhouse; and WHEREAS, the Club started out well, but by the end of the 1920s, it had fallen on hard times like the rest of the nation; after World War II, membership grew, as did the course and clubhouse. The Club changed its name to the Stillwater Country Club and purchased the land adjacent to the course. They hired Twin Cities Golf Architect, Paul Coates to increase the course from 9 holes to 18; by the end of the 1950s, all 18 holes, were in excellent condition; and WHEREAS, the club became recognized throughout the state, and in 1976, the Minnesota Golf Association held the Minnesota State Golf (MGA) Championship at the course. Since then, many of the MGA annual events have taken place at the Stillwater Country Club; and WHEREAS, over the winter of 1980, the clubhouse was razed to only the fireplace, then rebuilt with larger locker rooms, expanded kitchen, and a new pro shop tucked under the 10th tee; and WHEREAS, the Stillwater Country Club was named the 2020 MGA Member Club of the Year, and hosted the MGA Senior Tour and Member Days', MGA amateur championships, including, the 2020 MGA Women's State Amateur, and USGA qualifiers, and many of the top state golf tournaments over the past 98 years; and WHEREAS, the club offers private club golf experience at an affordable price and currently has over 500 active members. A PGA official from Chicago once said the view from the 10th tee was "fantastic... You will travel many miles to find such panorama. In national competition, Stillwater's layout would rate in the upper 90 percent." NOW THEREFORE, I, Michael Polehna, Vice Mayor of the City of Stillwater, do hereby recognize and thank the Stillwater Country Club for its 100 years of invaluable services to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 20th day of August, 2024. .MichaeCPoCehna,'Vice .wlayor (S,.jj,j,jw,a-ter S TIL L WA TER CITY COUNCIL BIRTHTHE - � SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to For 3 years of dedicated audio/visual broadcasting of various City of Stillwater meetings and for outstanding service in support of the City of Stillwater's mission. Michael Polehna, Vice Mayor Date of recognition: August 20, 2024 (fitp of *tiCCmater, Minnesota Resolution 2024-093 Donna Ro6ole WHEREAS, Donna R.oboCe is resigning from her position as Human Resources -Manager for the City of Stillwater, effective October 8, 2024. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of StiClwater, -Minnesota, that for her service to the City of Sti&vvater, Donna is hereby commended for faithfuC, efficient and courteous serving the City and our citizens for 8 112 years. The CounciC extends their appreciation for her dedicatedservice. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of .Appreciation upon the offic iaCre cord of the CounciC and to deliver a certified copy thereof to Donna R.oboCe. .Adopted by the Of .August, 2024. °•OF t%ST 1I,I L City Counc iC this 2 o th day --Mayor j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES August 7, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:31 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann Acting City Attorney Johnson City Clerk Wolf Community Development Director Gladhill Finance Director Provos Deputy Fire Chief Ballis Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Downtown Solid Waste Management Study Community Development Director Gladhill explained that Washington County contracted with Foth Infrastructure & Environment, LLC to study existing waste management methods, hold discussions with downtown business owners and stakeholders, and with solid waste management companies. Some of the issues are lack of space for receptacles, challenges to reducing volume in the waste stream and the need for more opportunities for organic recycling. The study outlines alternatives that the City and County could explore further, such as: add waste enclosures, more centralized waste stations, and create collection zones. At minimum, additional enclosures are needed throughout downtown. Any option should avoid any unreasonable demands on staff workload. Angie Lamar, Foth Infrastructure & Environment, LLC, presented an assessment of Downtown Stillwater Recycling Infrastructure, including project background, goals and objectives, methods and analysis of data collected. This Phase 1 study was funded through the County's technical assistance program. The County wishes to increase recycling opportunities and acknowledges that many businesses are interested in recycling, but have little or no space for it. Councilmember Junker noted that the City has added many trash enclosures in the last 10 years with the help of grant money. There are still space issues with some alleys, and another big issue is the greasers at restaurants, which create a lot of smell and mess. Ms. Lamar agreed the City is making great strides and it will take planning to ensure grease collection stations are in the right places and accommodating to businesses. City Council Meeting August 7, 2024 Councilmember Polehna asked why would the City pay for enclosures and other solutions downtown, while doing nothing for the rest of the community, and Ms. Lamar replied that businesses would still pay into the funding mechanism. Education will be key to business owners understanding the benefits of adding enclosures and centralized waste stations. City Administrator Kohlmann agreed to bring the report to the Special Services District Board to discuss grease and food waste, centralized waste stations, and a communication plan. Stillwater Library Update Craig Hansen, Treasurer, Stillwater Public Library Board of Trustees, and Summer Seidenkranz, President, Stillwater Public Library Foundation, gave an overview of the budget process, library services, operations, program participation and funding. Mr. Hansen explained the budget process and what the City's funding, representing 83% of the library budget, covers. Ms. Seidenkranz reviewed what donor funding pays for. Mr. Hansen then summarized the City's historical support of the library. Ms. Seidenkranz reviewed Foundation grant support. In 2024, the Foundation is providing more than $230,000 in grants to the library and is working to increase annual grants to the library. Councilmembers commended the library volunteers and staff, agreeing that it is a tremendous asset for the City. Library Director Troendle mentioned that even though the fireworks were postponed, 190 people who had purchased tickets for the Light a Spark Fundraiser showed up for various programs that evening. The Library will participate in Summer Tuesdays and other community events, including the naturalist in residence program starting August 15. Fiscal Agent City Administrator Kohlmann informed the Council that the City has partnered with a local group to consider logistics and feasibility of Recreation Center enhancements. The group is about to receive a sizable cash donation and in the short term, it makes sense for the City to act as the fiscal agent for any funds raised. He asked the Council to discuss and consider a draft agreement outlining the City acting as the fiscal agent for initial fundraising efforts. The consensus of the Council was to be the fiscal agent to accept donations for the organization doing the Rec Center Curling Expansion. Zoning Code Update Community Development Director Gladhill shared that throughout 2024 and into 2025 the Planning Department will be conducting a comprehensive zoning code review. Staff began the process with a kickoff meeting in March to discuss goals, timelines, and workflow. The resulting report will serve as a roadmap through the amendment process. Currently, staff is discussing performance standards with a view toward consolidating, simplifying and reorganizing. Key policy points being examined are accessory structures, home occupations, off street parking, and signage especially advertising signage. He reminded the Council that the moratorium on adult use cannabis will be ending on January 1. A previously developed zoning ordinance includes some protections on where cannabis businesses may operate; code does not allow shops in the downtown district. An ordinance amendment will need to be done soon to catch up with State rules. Page 2 of 5 City Council Meeting August 7, 2024 STAFF REPORTS Mr. Gladhill stated staff is working on new signage for downtown parking. A consultant is doing a master sign plan and temporary signs are about to be installed. Staff also is implementing the building permit software changeover. Public Works Director Sanders reported that the river is rising; County Road 5 will be closed for construction; the street project and Lowell Park gazebo repairs are underway. Police Chief Mueller summarized the Night to Unite event with kudos to CSO Brad Junker; Councilmembers thanked the public safety staff for their participation. Deputy Fire Chief Ballis gave an update on the SAFER Grant, and stated that plan review will soon be digital. Finance Director Provos stated the budget review will be underway soon. City Clerk Wolf stated the August 16 Canvass meeting has been cancelled; there is an opening on the Browns Creek Watershed District Board; the August 20 Council meeting will start at 3:30 p.m. City Administrator Kohlmann stated there is an HR manager position open, and noted that staff made many budget concessions in preparation for beginning budget discussion. RECESS Mayor Kozlowski recessed the meeting at 6:02 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:02 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann Acting City Attorney Johnson City Clerk Wolf Community Development Director Gladhill Finance Director Provos Police Chief Mueller Deputy Fire Chief Ballis Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Appreciation for Joseph Yetman (Parks & Recreation Commission) Mayor Kozlowski recognized Joe Yetman for his service on the Parks Commission. Council Service Award for John Murphy (Valley Access Broadcasting) - postponed Page 3 of 5 City Council Meeting August 7, 2024 OPEN FORUM Ed Nelsen, 875 Eagle Ridge Place, thanked staff for help with the Opera on the River event. Rick Heidick, Sustainable Stillwater and Stillwater's Bicycle Friendly Community, invited all to a Rotary bike rally August 11 in South Lowell Park and thanked Parks Superintendent Rogness for his assistance. To address concerns about trail safety, there will be an August 24 event to engage trail users and the public in the principles of sharing multi -use trails. He requested support for the event and future such events. He would like to work on an agreement with the DNR to have Stillwater be the permitting authority for all events held on any trail including State trails within the City limits. City Administrator responded that the DNR reached out to the City about this and staff will follow up. CONSENT AGENDA July 16, 2024 Regular Meeting Minutes Payment of Bills 2024 Street Improvement Project Easement Acquisitions along Greeley Street - Resolution 2024-091 2025 Street Improvement Project Order Feasibility Study - Resolution 2024-092 Harvest Fest 2024 Event Agreement and Temporary Liquor License Lowell Park Pavilion Rehabilitation Project Agreement Manitou Fund Arts and Cultural Center Zoning Text Amendment - Ordinance 1st Reading Rivertown Art Festival 2024 Event Agreement and Temporary Liquor License Short Term Home Rental License Amendment for 209 Main St S Temporary Liquor License for Episcopal Church of the Ascension Tobacco and CBD License for Stillwater Tobacco LLC Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Proposed Vacation and Discontinuance of a Permanent Drainage and Utility Easement at 201 and 211 Olive St W (Case 2024-030) - Postponed from 7116 Mayor Kozlowski stated that the applicant is currently not available and has not yet been able to confirm acceptance of the document for required replacement easements. Motion by Councilmember Polehna, seconded by Councilmember Junker, to postpone the hearing to Tuesday, August 20. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. Page 4 of 5 City Council Meeting August 7, 2024 COUNCIL REQUEST ITEMS Mayor Kozlowski thanked staff and donors for their efforts on Night to Unite and the Lumberjack Days Parade. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 7:20 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024-091, Authorizing Permanent Easement Acquisition for 2024 Street Improvement Project (Project 2024-02) Resolution 2024-092, Resolution Ordering Preparation of Feasibility Report for 2025 Street Improvement Project (Project 2025-02) Page 5 of 5 11lwater The Birthplace of Minnesota DATE: August 20, 2024 TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Acceptance of Work and Final Payment Chestnut Street Plaza Project No. 2022-06 DISCUSSION The work on the Chestnut Street Plaza has been completed. The contractor, Pember Companies, has submitted their final application and required information to finalize the project. Final construction costs totaled $3,027,184.79. This amount is $213,763,71 lower than bid price of $3,240,948.50. RECOMMENDATION Staff recommends that Council accept the work and authorize the final payment to Pember Companies in the amount of $60,543.70 ACTION REQUIRED If Council concurs with the recommendation, Council should pass Resolution 2024- ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR CHESTNUT STREET PLAZA PROJECT (PROJECT 2022-06). i water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Mick Greiner Facilities Manager SUBJECT: Stillwater City Hall / Police Department Building HVAC Control Upgrade Change Order BACKGROUND The Stillwater City Hall / Police Department HVAC controls upgrade project has been progressing, during the change of some of the controls it was discovered by the contractor, Humeratech, that thirteen Variable Air Volume (VAV) boxes are either missing or inoperable. We were aware of a couple missing units but had no way to tell if the other units were inoperable before starting the changeover. The VAV boxes are what regulates the air flow and temperature within individual spaces. By replacing said missing or inoperable units the system will again run as designed. A change order was submitted by Humeratech in the amount of $112,450.00 to install new VAV boxes in the thirteen (13) areas that are affected. RECOMMENDATION Staff recommends Council approve the change order with Humeratech to complete the work within the City Hall / Police Department building. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING THE CHANGE ORDER WITH HUMERATECH FOR THE HVAC CONTROL UPGRADE. water. THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Memorandum of Understanding DISCUSSION The City of Stillwater can participate in the Community Development Block Grant (CDBG) and HOME Investment Partnership Program, which provides funding to qualifying projects. These are Federal Dollars administered by Washington County. There is no cost to participate. This is simply a potential funding/financing tool for local projects and is focused on low -to -moderate income families and individuals. RECOMMENDATION Staff recommends Council enter into the Agreement. ACTION REQUESTED Motion to approve the agreement with Washington County for participation in the Community Development Block Grant and HOME Investment Partnership Program. WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COOPERATION AGREEMENT THIS AGREEMENT is made and entered into under the auspices of MINN. STAT. §471.59 and in furtherance of the requirements of the federal Community Development Block Grant (CDBG) program and HOME Investment Partnerships Program by and between the County of Washington, State of Minnesota (County) and the City of Stillwater, hereinafter referred to as "Cooperating Community", both parties being governmental units of the State of Minnesota. WITNESSETH: WHEREAS, Title I of the federal Housing and Community Development Act of 1974 as amended provides for a program of community block grants to urban counties as that term is defined in the Act; and WHEREAS, Washington County, Minnesota meets the criteria of urban county and is eligible to receive CDBG funds; and WHEREAS, 24 C.F.R. §570.105 establishes the program qualification of an urban county as a county having a certain threshold population which is the combination of the population of unincorporated areas, plus the population of participating incorporated areas; and WHEREAS, in order to be considered a participating incorporated area under the above definition, the County must enter into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to the CDBG Program and the HOME Investment Partnerships Program; and WHEREAS, it is in the interest of the Cooperating Community to have its population counted together with other municipalities of Washington County in order to be able to participate in these federal programs; and WHEREAS, the Mayor of the Cooperating Community is authorized to execute this Agreement on the Cooperating Community's behalf, and WHEREAS, the Chair of the Washington County Board of Commissioners and County Administrator are authorized to execute this Agreement on the County's behalf. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties mutually agree to the following terms and conditions: I. DEFINITIONS For purposes of this Agreement, the terms defined in this section have the following meaning: A. "The Act" means the Housing and Community Development Act of 1974, Title I, of Public Law 93- 383, as amended (42 U.S.C. 5301, et seq.). B. "Regulation" means the rules and regulations promulgated pursuant to the Acts, including but not limited to 24 C.F.R. Part 570. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Community" means any city or township in Washington County which has entered into this Agreement or one which is identical. E. "CDBG Program" means federal program instituted under 42 U.S.C. §5301, et seq. as amended. F. "HOME Investment Partnership Program" means the federal program instituted under Title II of the Cranston -Gonzales National Affordable Housing Act, 42 U.S.C. § 12701 et seq. as amended. The definitions herein contained in 42 U.S.C. §5302 and 24 C.F.R. 5703, as amended are incorporated herein by reference and made a part hereof. II. PURPOSE The Cooperating Community and the County have determined that it is desirable and in the interests of the citizens that the County qualify as an urban county within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between the County and other cities and township within the County, thus enabling the County to qualify under the Act. The purpose of this Agreement is to authorize the County to participate with the Cooperating Community in undertaking or to assist in undertaking essential community development and housing assistance activities pursuant to the CDBG Entitlement Program and the HOME Investment Partnership Program. III. TERM OF AGREEMENT This Agreement shall remain in effect for the three-year program period of Federal Fiscal Years 2025 through 2027 (October 1, 2024 — September 30, 2027) and until funds granted and program income received during the three-year program period are expended and the funded activities completed. Neither the County nor the Cooperating Community may terminate, withdraw, or be removed from the program during the three-year program period. This Agreement will renew automatically for participation in successive three-year Urban County qualification periods, unless the Cooperating Community or the County provide written notice to the other parry that it elects not to participate in a new qualification period. The terminating parry shall send a copy of the notice of termination to the HUD field office by the date specified in HUD's Urban County Qualification Notice. The County will notify the Cooperating Community in writing of the Cooperating Community's right to make this election. A copy of the County's notification must be sent to the HUD field office by the date specified in the Urban County Qualification Notice. The Parties agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) for subsequent qualification cycles, when applicable. Failure by either Party to adopt any such amendment, and to submit such amendment to HUD, will void the automatic renewal of such qualification period. IV. MODIFICATIONS Any material alteration, modification, variations, or additional tasks to this Agreement shall be reduced to writing as an amendment and signed by the parties. V. METHOD The Cooperating Community expressly agrees that it will undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the CDBG and HOME requirements. In making the application, the County shall address the goals and needs of County as developed in meetings between the Community, its citizens, and the County, and also addressing the Act and other relevant Minnesota and/or federal statutes and regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic grant amount. The Cooperating Community and the County agree that the County shall establish a reasonable time schedule for the development of the grant application. It is anticipated by the parties that the party ultimately implementing a project funded by monies received from the grant may be either the Cooperating Community, or the County. The determination of which party will implement the project will be made by the parties after consideration of the nature and scope of the project, and the ability of each party to undertake the project, though it is understood by the Cooperating Community that the County shall have final responsibility for selecting projects and filing annual grant requests. The County is hereby authorized to distribute to the Cooperating Community such funds as are determined appropriate for the Community to use in implementing a project and the County is hereby authorized to undertake projects within the Cooperating Community as are determined appropriate for the County to undertake. Contracts awarded and purchased made pursuant to a project under this Agreement shall conform to Minnesota statute and to the requirements of the entity undertaking the project. VI. SPECIAL PROVISIONS A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the right of the Cooperating Community or the County to submit individual applications for discretionary funds in the event County does not receive designation as an urban county entity under the Act. B. In the event that there is a revision of the Act and/or Regulation which would make this Agreement out of compliance with the Act or Regulation, both parties will review this Agreement and renegotiate those items necessary to bring the Agreement into compliance. C. Both parties understand and agree that the refusal to renegotiate this Agreement in order to bring it into compliance will void any renewal of the Agreement for subsequent qualification periods. D. All funds received by the county under the Act shall be deposited in the County treasury. E. The Cooperating Community and the County shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulation. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. F. The Cooperating Community and the County agree to make available all records and accounts with respect to matter covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the date of completion of any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation. The County shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulation. The participating municipalities and the County shall maintain and share between themselves all the necessary and sufficient records for review and audit that pertain to the implementation of the activities described herein, and as required by HUD. G. Pursuant to 24 CFR 570.501(b), the parties mutually agree that the Cooperating Community is subject to the same requirements appliable to the subrecipients, including the requirement of a written agreement described in 24 CFR 570.503 and 2 CFR part 200 H. Both the County and Cooperating Community must take all actions necessary to assure compliance with the County's certification under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR Part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to affirmatively further fair housing. The Parties shall comply with Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR Part 8, Title 11 of the Americans with Disabilities Act of 1974, and the implementing regulations at 28 CFR Part 35, the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR Part 146, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws and regulations. The Parties agree that Urban County funding in no event will be used for activities in, or in support of, any cooperating unit of general local government that impedes the County's actions to comply with the County's fair housing certification and duty to affirmatively further fair housing. This provision is required because noncompliance by a Cooperating Community may constitute noncompliance by County that can, in turn, provide cause for funding sanctions or other remedial actions by the Department. 1. The County and the Cooperating Community have adopted and are enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 2. 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of non-violent civil rights demonstrations within its jurisdiction. 42 U.S.C. §12701. The Cooperating Community acknowledges that by executing this Agreement it may not apply for grants from appropriations under the Small Cities or State Community Development Block Grant Programs for FFY 2025-2027 of the current qualifying period, and any successive qualifying period covered by this Agreement. The Cooperating Community further acknowledges that for FFY 2025-2027 of the current qualifying period and any successive qualifying period covered by this Agreement, it may receive a formula allocation under the HOME Program (42 U.S.C. §12701 et seq. and regulations promulgated thereto) only through the County and is precluded from forming a HOME Consortium for participation in the HOME Program, except through the County. K. Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG funds to a Metropolitan City, Urban County, unit of general local government, or insular area that directly or indirectly receives CDBG funds in exchange for any funds, credits, or non Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. L. The Cooperating Community shall comply with all applicable Federal law, State statutes, Federal and State regulations, and local ordinances now in effect or adopted during the performance of the services herein until completion of said services. M. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the Cooperating Community, because of this Agreement shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Act), as amended and the Rules implementing the Act now in force or as amended. The Cooperating Community is subject to the requirements of the Act and Rules and must comply with those requirements as if it is a governmental entity. The remedies contained in section 13.08 of the Act shall apply to the Cooperating Community. N. Audits: Pursuant to Minn. Stat. section 16C.05 subd. 5, the Cooperating Community will: • Maintain all books, records, documents, and accounting procedures and practices that are related to and/or relevant to this Agreement or transaction. • Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, records, documents, and accounting procedures and practices that are related to and/or relevant to this Agreement or transaction. The Cooperating Community agrees to maintain these records for a period of six (6) years from the date of the termination of this Agreement. O. The Cooperating Community agrees it will defend, indemnify, and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Cooperating Community in the performance of this Agreement. P. The Cooperating Community agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: • Commercial General Liability with Contractual liability coverage in the amount of $1,500,000 per occurrence with a $3,000,000 aggregate. An excess or umbrella liability policy may be used in conjunction with primary coverage limits to meet the minimum limit requirements. • Professional Liability coverage in the amount of $2,000,000 per wrongful act or occurrence with a $4,000,000 annual aggregate. • Cyber Liability coverage in the amount of $2,000,000 per wrongful act or occurrence with a $4,000,000 annual aggregate. • Automobile coverage in the amount of $1,500,000 on a combined single limit basis and include hired and non -owned. • Worker's Compensation in statutory amount (if applicable) of bodily injury by accident in the amount of $500,000 each accident, bodily injury by disease in the amount of $500,000 each employee, and bodily injury by disease in the amount of $500,000 policy limit. Washington County shall be listed as additional insured as it relates to Commercial General Liability and Automobile Liability. Prior to the effective date of this Agreement, the Cooperating Community will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this Agreement. This certificate of insurance shall be on file with the County throughout the term of the Agreement. As a condition subsequent to this Agreement, Cooperating Community shall ensure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Cooperating Community to maintain a current certificate of insurance with the County shall be a substantial breach of the Agreement and payments on the Agreement shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the Agreement is provided to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days' notice thereof to the County. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed. THE REMAINDER OF THIS PAGE INTENTIALLY LEFT BLANK. Approved as to form: By: Susan Tice Assistant County Attorney Date: WASHINGTON COUNTY, MINNESOTA By: Stan Karwoski, Chair Board of Washington County Commissioners Date: By: Kevin Corbid Washington County Administrator Date: City of Stillwater By: Its: Date: And: Its: Date: S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager SUBJECT: Encroachment Agreement— 419 2nd Street South BACKGROUND The Property Owner at 419 Second Street South ("the Property") is proposing the reconstruction of concrete stairs leading from the Property to Second Street South. The request comes from a Condition of Approval for a Short-term Home Rental license. In the spring of 2024, the Property was issued a Short-term Home Rental license which included a Condition requiring safe egress from the rental to an open area/street. In coordination with the Building Department and Fire Department it was determined a staircase from the Property to Second Street would fulfill this requirement. To accommodate this option, the Property Owner must install new stairs leading from the Property to Second Street. As shown in the attached depiction, the proposed stairs will be located entirely within the Second Street Right -of -Way. In 2018 a previously existing set of stairs in a similar location were removed to allow the installation of a private water line servicing the subject Property. Staff is unsure how long the previous stairs had been installed in their original location but notes they were also primarily within the Second Street Right -of -Way. While not considered lawful nonconforming replacement, in order to obtain safe egress from the short-term home rental the Property Owner must enter into an Encroachment Agreement with the City for the reinstallation of a new set of stairs. Staff required the Property Owner to have the area surveyed by a Licensed Surveyor and has coordinated with the Engineering Department to ensure that the proposal would not impact near future plans for the right-of-way. The Property is somewhat unique in that it is located along a public right-of-way that, due to the steep incline, does not have a sidewalk and is seasonally closed. No additional properties along this stretch of Second Street South have access to the right- of-way nor does it appear they have historically. ALTERNATIVES • Approve Encroachment Agreement as presented • Deny Encroachment Agreement • Postpone Action for further information or revision to proposal RECOMMENDATION Staff does not object to the proposal and recommends approval of the Encroachment Agreement. ACTION Motion to approve the Encroachment Agreement for 419 Second Street South. ENCROACHMENT AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 419 2ND STREET SOUTH IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS ENCROACHMENT AGREEMENT ("Agreement") is made, entered into and effective this day of , 2024, by and among the City of Stillwater, a Minnesota municipal corporation ("City") and Brian Brosdahl, a single person ("Landowner"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.1 City. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.2 City Improvements. "City Improvements" means all street, right of way and utility improvements in, under, across and through City Property. 1.3 City Property. "City Property" means that part of Second Street South as dedicated on the plat of THE ORIGINAL TOWN (NOW CITY) OF STILLWATER, "AS AMENDED BY MYRONS SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER DATED MAY 21, 1878" adjacent to part of former Block 29, now platted as Lots 1 and 2, GRANDVIEW BLUFF ADDITION, Washington County, Minnesota. 1 1.4 Construction Plans. "Construction Plans" means the most current construction plans approved and on file with the City related to the construction of Landowner Improvements. 1.5 Cost Differential. "Cost Differential" means the difference between the Pre - Encroachment Costs and the Utility Costs in light of the existence of the Landowner Improvements. The City's determination of the amount of the Cost Differential shall be binding on the Landowner. The City's determination shall be appropriately supported by cost estimates obtained from independent contractors or engineers. 1.6 Encroachment Area. "Encroachment Area" means the real property, legally described on Exhibit A, attached hereto and incorporated herein, used by Landowner for Landowner Improvements. 1.7 Landowner. "Landowner" means Brian Brosdahl, a single person, and their assigns and successors in interest with respect to the Landowner's Property. 1.8 Landowner Improvements. "Landowner Improvements" means Landowner's steps, sidewalk and related improvements located in the Encroachment Area on City Property, depicted on Exhibit B pursuant to the Construction Plans on file with the City. 1.9 Landowner's Property. "Landowner's Property" means the real property located in the City of Stillwater, Washington County, Minnesota, legally described on Exhibit C. 1.10 Maintain. As used in this Agreement with respect to the Landowner Improvements, "Maintain" and derivations thereof means to upkeep in accordance with relevant City ordinances and regulations applicable to such improvements. 1.11 Pre -Encroachment Costs. "Pre -Encroachment Costs" means a reasonable estimate by the City of the costs the City would have incurred for Utility Costs if the Landowner Improvements did not exist. 1.12 Utility Costs. "Utility Costs" means all costs incurred by the City (whether performed by the City or its agents or contractors), for the inspection of and access to and repair, maintenance and replacement of the City Improvements located in the City Property and the placement of additional City Improvements in the City Property. Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re -burying the City Improvements, re -compacting the soils over the City Improvements, restoring the City Property area, and all engineering and attorneys' fees incurred in connection therewith. Utility Costs also include the costs of temporarily removing the Landowner Improvements and subsequently replacing the Landowner Improvements in the City Property, if such costs have not already been paid by the Landowner. 2 ARTICLE 2 RECITALS 2.1 Landowner owns the Landowner's Property. 2.2 Encroachment Area is being improved with Landowner Improvements. 2.3 Landowner Improvements will be located on City Property. 2.4 Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to be placed with the City Property within the Encroachment Area, if the following conditions are met: (a) The Landowner maintains the Landowner Improvements. (b) Landowner makes no further Landowner Improvements pursuant to Section 3.2 below. (c) The Landowner agrees to pay the City any Cost Differential relating to inspections, access, repair, maintenance and replacement of City Easement Improvements and the placement of any additional City Improvements in the City Property. (d) The Landowner agrees to temporarily remove the Landowner Improvements in the event the City has need to access the area where the Landowner Improvements exist in order for the City to inspect, repair, maintain, and replace the City Improvements or construct additional City Improvements in the City Property. ARTICLE 3 AGREEMENTS 3.1 Construction And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the Landowner Improvements in the City Easement. The Landowner Improvements shall only be placed at the locations specified in the Construction Plan. The Landowner Improvements must be constructed according to the Construction Plan. Following construction, under the terms and conditions stated herein, Landowner shall have the right to enjoy the use of Landowner Improvements, including reasonable ingress and egress from Landowner Improvements. Landowner shall, at its own cost, maintain Landowner Improvements. 3.2 No Additional Structures Or Expansion And Termination. Landowner Improvements shall not be relocated, moved or expanded such that any further or different encroachment on the City Property occurs. Landowner shall not place any other structures, including but not limited to, retaining walls, irrigations systems, buildings, fences or trees within the footprint of the Encroachment Area or elsewhere on City Property. 3 3.3 City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the City Property. 3.4 Continuing Right To City Property. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the Encroachment Area. 3.5 Risk Of Loss. Landowner understands and agrees that the Landowner Improvements within the Encroachment Area may be adversely affected by damage caused to Landowner Improvements arising out of the City's use of the Encroachment Area. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner for such events. Landowner assumes the risk of installing the Landowner Improvements in the Encroachment Area. 3.6 Landowner To Bear Cost Of Relocating Landowner Improvements. The City is responsible for the repair and maintenance of the City Improvements in the City Property. The City may require the Landowner at the expense of the Landowner to temporarily remove and subsequently replace the Landowner Improvements in the City Property in order for the City to gain access to the City Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City Improvements. If the Landowner does not perform such tasks, the City may perform such tasks and in such case the Landowner shall reimburse the City for the City's costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Landowner and allow the Landowner twenty (20) days from the date of the written notice to perform the tasks. If the Landowner has not completed the work within the twenty (20) days, then the City may proceed to perform the tasks. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. 3.7 Emergency. The City shall not be required to give notice if the City's Engineer determines that an emergency exists. In such instance, the City, without giving notice to the Landowner may perform the work and in such case the Landowner shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. 3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection, maintenance, repair or replacement of the City Improvements or relating to El construction of new City Improvements in the future, then the Landowner shall pay the Cost Deferential to the City. The Landowner must make payment for the Cost Deferential within 30 days after the City has sent a written invoice for the Cost Deferential to the Landowner. 3.9 Remedies. If the Landowner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. (b) If Landowner fails to make payments under Sections 3.6, 3.7 and 3.8, then the City may certify to Washington County the amounts due as payable with the real estate taxes for the Landowner Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The Landowner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Landowner Property. Further, as an alternate means of collection, if the written billing is not paid by the Landowner, the City, without notice and without hearing, may specially assess the Landowner Property for the costs and expenses incurred by the City. The Landowner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Landowner Property. The Landowner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Landowner Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.10 Indemnification. The Landowner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Maintenance of the Landowners Improvements; (c) Failure by the Landowner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the Encroachment Area for Landowner Improvements. 3.11 City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Landowner's obligations contained in Article 3 if the Landowner does not perform such obligations. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.1 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 4.2 Recording. The City shall record this Agreement with the Washington County Recorder against the Landowner Property. Landowner shall pay for the cost of recording. 4.3 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Landowner Property and shall be binding upon the heirs, successors, administrators and assigns of the parties, for so long as the Landowner Improvements remain on the Encroachment Area. The obligations of the Landowner contained in this Agreement are joint and several. 4.4 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 4.5 Governing Law And Venue. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota and any action shall be venued in Washington County District Court. 4.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. III 4.7 Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 4.8 Notice. Notice shall mean notice given by one party to the other if in writing and if and when delivered or tendered either: (i) in person; (ii) by depositing it in the United States main in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and addressed to the party or persons intended to be addressed as follows: IF TO CITY: City of Stillwater Attention: City Administrator 216 North Fourth Street Stillwater, MN 55082 IF TO LANDOWNER: Brian Brosdahl 419 2nd Street South Stillwater, MN 55082 or to such other address as the parry addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page has been intentionally left blank.] 7 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY OF STILLWATER M. Ted Kozlowski, Its Mayor Beth Wolf Its City Clerk STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this day of , 2024, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public N. LANDOWNER: BRIAN BROSDAHL Brian Brosdahl STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me on day of , 2024, by Brian Brosdahl, a single person. THIS INSTRUMENT WAS DRAFTED BY: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 Notary Public 01 EXHIBIT A LEGAL DESCRIPTION OF ENCROACHMENT AREA That part of the east 10.00 feet of Second Street South as dedicated on the plat of THE ORIGINAL TOWN (NOW CITY) OF STILLWATER, "AS AMENDED BY MYRONS SHEPARD' S PERFECTED PLAT OF THE CITY OF STILLWATER DATED MAY 21, 1878" adjacent to part of former Block 29, now platted as GRANDVIEW BLUFF ADDITION, which lies between lines 27.00 feet northerly and 10.00 feet northerly of the westerly extension of the southerly line of Lot 1, Block 1, said GRANDVIEW BLUFF ADDITION, Washington County, Minnesota. 1W1 EXHIBIT B DEPICTION OF ENCROACHMENT AREA PROJECT LOCATION: 419 SECOND STREET S. STILLWATER, MN 55082 PROJECT NO. ZZ23813 PID#280302044010 G �O Cc i T Z Q•L1 (� SIDEWALK y 2 TO HOUSE -_ C I m SIDEWALK — PROPOSED tvOUC a,--- -- TO STREET j\ i 7 0 STEPS & VOOF OS 1. LANDING `BtVyF OtI 5'Vi �NOV1ON ,—'3Applit0N O O 2 SW CORNER LOT 1, -- BLOCK 1, GRANDVIEW BLUFF ADDITION Rw 6p 0 10 160 DENOTES ENCROACHMENT AGREEMENT AREA ZZ—ZZ7, J7 Suite 1970 Northwestern Ave. Ave. Stillwater, MN 55082 Phone 6 S I.275.8969 CERTIFICATION 0 dan®cssurvey .net I hereby certify that this survey, plan or report was prepared by me, or under my direct supervision, and NORTH that I am a duly Licensed Land Surveyor under the laws of the State of MINNESOTA. EXISTING SURVEY, PROPOSED STEPS & LANDING PER CORNERSTONE INFORMATION PROVIDED DANIEL L. THURMES License No.25718 Date: 8-1-24 BY BRIAN C. BROSDAHL LAND SURVEYING, INC. EXHIBIT C LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY That real property located in the City of Stillwater, Washington County, Minnesota, legally described as follows: Lot 1 and Lot 2, Block 1, Grandview Bluff Addition. Abstract Property PID:2803020440104 C-1 i water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers SUBJECT: Lumberjack Landing -Design Services Amendment with HKGi BACKGROUND HGKi, was hired back 2021 to do design services for the first phase of Lumberjack Landing Park Improvement, that included the kayak and canoe launch, fishing pier, trails and driveway improvements. Now that the City has received funding DEED grant from the State of Minnesota, we can proceed with additional improvements in the Park including, the picnic shelter where the garage currently sits and a stairway connection to the Browns Creek Trail. HGki is requesting an amendment to their original contract for this extra work. In addition, HGKi is asking for compensation for work on the first phase that the City requested that wasn't included in the original scope of the project. These items include wetland delineation, driveway profiles for MNDOT discussion, and hydraulic calculations for MN DNR. HGKI's amount to compete the work in Phase1 and the additional work is $150,520. The original Contract amount was $95,000. RECOMMENDATION Staff recommends that the City Council approve the Lumberjack Landing design services amendment with HKGi in the amount of $150,520. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion approving the Lumberjack Landing design services amendment with HKGi. jjjxwater-. The Birthplace of Minnesota DATE: August 20, 2024 TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Agreement between the State of Minnesota, Department of Military Affairs and the City of Stillwater to Lease Space DISCUSSION The City and the National Guard Armory in Stillwater has had a lease agreement in place for the use of certain areas of the facility since 2018. These areas include classroom, the drill floor and the front kitchen. The original lease agreement expired in 2021 after a three- year period. The agreement was renewed with an amendment for another three years that expires at the end of this month. The Department of Military Affairs reached out to see if the City would like continue with the use of the facility and staff agreed. Military Affairs drafted a second amendment to lease agreement for another three years that would expire in 2027. The agreement has been reviewed and approved by the City Attorney. RECOMMENDATION Staff recommends that Council Approve the Agreement Between the State of Minnesota, Department of Military Affairs and the City of Stillwater to Lease Space Amendment #2. ACTION REQUIRED If Council concurs with the recommendation, Council should pass a motion Approving AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF MILITARY AFFAIRS AND THE CITY OF STILLWATER TO LEASE SPACE AMENDMENT #2. AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF MILITARY AFFAIRS AND THE CITY OF STILLWATER TO LEASE SPACE Amendment No. 2 THIS AMENDMENT No. 2 to this Lease Space Agreement is made by and between the State of Minnesota, Department of Military Affairs (formerly known as the Minnesota State Armory Building Commission, MSABC), hereinafter referred to as State, and the City of Stillwater, hereinafter referred to as City. WHEREAS, the State and City entered into a Space and Use Agreement dated, May 11, 2018, and Amendment 1 dated September 15, 2021, involving the lease of space in the building known as the Stillwater National Guard Training and Community Center ("Building") located at 350 Maryknoll Drive North, Stillwater, MN 55082 ("Leased Premises"); and WHEREAS, State and City parties deem certain amendments and additional terms and conditions mutually beneficial for the effective continuation of said Lease; NOW THEREFORE, State and City agree to substitution and/or addition of the following terms and conditions, which shall become a part of this Space and Use Agreement, effective as of the date set forth hereinafter. 1. RENEWAL TERM: This Lease shall be renewed for a period of three (3) years, commencing September 1, 2024 and continuing through August 31, 2027 ("Renewal Term"), at the same terms and conditions as set forth in the Lease, except as otherwise provided herein. 2. Except as modified by the provisions of this Amendment, said Lease is ratified and confirmed as originally written. IN WITNESS WHEREOF, the parties have set their hands on the date(s) indicated below intending to be bound thereby CITY: STATE: CITY OF STILLWATER: STATE OF MINNESOTA DEPARTMENT OF MILITARY AFFAIRS By: Title: Date: By: Title: Date: By: Its: Date: S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Contract Agreement for 2024 Pond Inspection Survey BACKGROUND The 2024 pond inspection survey includes three ponds in the Legends development area and one at the corner of Market Drive and Curve Crest Blvd (next to Culver's). These ponds work as a sediment trap for stormwater runoff through the development and storm water systems. Over the years, the ponds have accumulated sediment. The City requested quotes from four consulting firms to survey and sample the sediment to determine the amount and classification of this sediment for proper disposal. The City received two quotes: 1. MidAmerica Technical & Environmental Service, Inc $6,427.25 2. ISG $26,560.00 The pond maintenance fund would pay for the project. RECOMMENDATION Staff recommends entering into an agreement with MidAmerica Technical & Environmental Service, Inc for work on the Survey and Sampling of 2024 Pond Inspection Survey project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING ENTERING INTO AN AGREEMENT WITH MIDAMERICA TECHNICAL & ENVIRONMENTAL SERVICE, INC. FOR WORK ON 2024 POND INSPECTION SURVEY PROJECT. �I water The Birthplace of Minnesota AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 20th day of August, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and MidAmerica, 2379 Leibel St, White Bear lake, MN 55110 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Pond Sediment Characterization NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 7/5/24, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. TERM. This Agreement expires on 8/20/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either PgM. 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 parry 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 parry. 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 parry. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Matt Hobson 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 MidAmerica 216 4th Street North 2379 Leibel Street Stillwater, MN 55082 White Bear Lake, MN 55110 Attention: Reabar Abdullah Attention: Matt Hobson Or e-mailed: rbdullah@stillwatermn.gov Or emailed: matt(amidamericaenv.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: Michael Polehna, Vice Mayor Beth Wolf, City Clerk 0 CONTRACTOR MIDAMERICA By: By (Please Print): Title (Please Print): Project Description: Pond Sediment Characterization �l water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Solid Waste, Recycling and Roll -off Hauler License DISCUSSION: Sanimax has submitted the required information and fee for a Commercial Recycling and Roll -off Haulers License. RECOMMENDATION: Staff recommends approval of Commercial Recycling and Roll -off Haulers License. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving a COMMERCIAL RECYCLING AND ROLL -OFF HAULER LICENSE to Sanimax. S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Mick Greiner Facilities Manager SUBJECT: St. Croix Recreation Center Roof Replacement BACKGROUND The St. Croix Recreation Center roof has reached its end of life, numerous leaks, shrinking of the existing fabric coupled with the life expectancy of the existing roof a point has been met where it is need of replacement. Sealed bids were opened on May 16th, 2024. The low bid for the work was submitted by J&A Northwest Construction and Commercial Roofing Inc. of Barronett, Wisconsin in the amount of $679,500.00. Funding for this project will come from the Capital Outlay budget. RECOMMENDATION Staff recommends that the City Council accept the bids submitted for the 2024 St. Croix Recreation Center Roof Replacement, and award the contract to J&A Northwest Construction and Commercial Roofing Inc. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion accepting bid and awarding contract for the 2024 St. Croix Recreation Center Roof Replacement Project and authorize the Mayor and Clerk to enter into contract, upon City Attorney review. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR ST. CROIX VALLEY RECREATION CENTER REROOF PROJECT THIS AGREEMENT is by and between CITY OF STILLWATER, MN ("Owner') and AA Northwest Construction and Commercial Roofing, Inc. ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: St. Croix Valley Recreation Center Reroof Project. ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: St. Croix Valley Recreation Center Reroof Project. ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by THE CITY OF STILLWATER, MN ENGINEERING DEPARTMENT. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before OCTOBER 31, 2024 and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before JUNE 30, 2025. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500.00 (Five Hundred Dollars and 00/100) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. Page 1 of 7 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500.00 (Five Hundred Dollars and 00/100) for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor shall pay Owner $500.00 (Five Hundred Dollars and 00/100) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work other than Unit Price Work, a lump sum of: $ 679,500.00 All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $ 679,500.00 D. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. Page 2 of 7 ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments, Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 1st day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 % percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 % percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 % percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 98 % percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by law percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. Page 3 of 7 B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 —CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 3, inclusive). 4. General Conditions (pages 1 to 73, inclusive (Not attached to Form of Agreement). Page 4 of 7 5. Supplementary Conditions (pages SC-1 to SC-5, inclusive (Not attached to Form of Agreement). 6. Specifications as listed in the Project Manual bearing the titles: St. Croix Valley Recreation Center Reroof Project. (Not attached to Form of Agreement). 7. Drawings (not attached but incorporated by reference) consisting of 5 sheets with each sheet bearing the following general title: St. Croix Valley Recreation Center Reroof Project. 8. Addenda (numbers 0 to 0 inclusive) (Not attached to Form of Agreement). 9. Exhibits to this Agreement (enumerated as follows): a. Notice of Award (not attached to Form of Agreement). b. CONTRACTOR's Bid (pages 1 to 27, inclusive). 10. The following which maybe delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Page 5 of 7 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee°, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on 8/7/24 (which is the Effective Date of the Contract). OWNER: CITY OF STILLWATER CONTRACTOR: J&A Construction and Commercial Roofing. Inc. By: By: Title: Title: Attest: Title: Address for giving notices: 216 N. 4T" STREET STILLWATER, MN 55082 Mick Greiner 651-430-8831 mgreiner@stillwatermn.gov (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address forgiving notices: 2872 US Hwy 63 Barronett, WI 54813 John Kaufmann 715-790-0460 Jonathan@ianorthwest.com License No.: (where applicable) Page 7 of 7 City of Stillwater St. Croix Valley Recreation Center - Reroof Project Specifications SECTION 004113 — BID FORM - STIPULATED SUM (SINGLE PRIME CONTRACT) Base Bid — Stillwater St. Croix Recreation Center Reroof Work to include the removal existing ballasted single ply epdm roofing system and replacing with a fabric reinforced roofing system (Basis of Design: Conklin Roofing Systems). Bringing the roof up to current energy codes as defined by the International Energy code. Lump sum price: $ 679,500 dollars and 0/00 Unit Price 1: Replace any damaged or deteriorated insulation (See 012200 Unit Prices) Installed Price Per Unit: $ 4 dollars and 0/00 Unit Price 2: Replace any damaged or deteriorated Plywood / Blocking (See 012200 Unit Prices) Installed Price Per Unit; $ 8 dollars and 0/00 CERTIFICATION I (we) hereby certify that I (we) are the only person(s) interested in this proposal as principal(s): that this proposal is made and submitted without fraud or collusion with any other persons, firm or corporation whatsoever. The bidder hereby declares that he/she has carefully examined all Bidding Documents, that he/she has personally inspected the actual location of the work, and local sources of supply, that he/she has satisfied themselves as to all the quantities and conditions, and understands that in signing this bid he/she waives all right to plead any misunderstanding regarding the same. The bidder agrees that this bid is based upon the materials, equipment, and systems required by the bid documents without exception and that no substitutions have been made. GUARANTEE I (we) further propose to guarantee all work performed under this contract to be done in accordance with the Contract Documents in a good and workman like manner; and to renew or repair any work which may be rejected, due to defective materials or workmanship, prior to final completion and acceptance of the project. BONDS Enclosed herewith is a Bid Security being at least 10% of the amount of the proposal, made payable to the owner as a proposal guarantee. It is agreed by the undersigned that this bid security will be forfeited to the owner in the event I (we) fail to enter into a contract or fail to furnish the required performance and labor and materials payment bods within ten (10) day after receiving "Notice of Award" upon acceptance of this bid by the owner. BID FORM 004113 - 1 ' N0In-114YGS1 5-22-24 City Of Stillwater St. Croix Valley Recreation Center 216 North 4th Street Stillwater, MN 55082 Dear City of Stillwater, This letter serves as a formal statement to confirm that AA Northwest Construction has complied with all provisions of the Specification relating to insurance coverage as outlined in our agreement. We also confirm that none of the specified insurance coverage will be canceled or materially altered, except after a thirty (30) day written notice has been provided to and received by you or your designee. This statement is properly signed and notarized as per the requirements. Thank you for your attention to this matter. Sincerely, Jared Mullikin Sales Representative AA Northwest Construction 715-790-0460 ) 4-e- ®� WiSc®ns i n c v vl✓ v c�- r5c�rrvn S1 oe� �,Jore ®,- e Eh /� L my oorrn*wkn extras 5 CONI(LIN FRBRIC- REINFORCED *ROOFING SYSTEM Rugged Roof Lowers Energy Costs 0 A LM)RS ROOFING SYSTEMS t Look forward to years of trouble -free protection, low maintenance Conklin's Fabric -Reinforced Roofing System provides leak -free protection and exceptional energy savings for years. It maintains maximum reflectivity and energy savings because its surfaces are resistant to dirt and discoloration. Annual or bi-annual cleaning is all that's needed to keep it white. Eliminate future roof tear -offs Years from now, when it's time to renew the superior protection of your Conklin roof, a simple recoat will do the job. In most cases, multiple recoats can be done for as long as you own your building, saving you the expense of a new roof. With your recoat, our available warranties* may also be extended. Rugged roof stands the test of time Conklin's Fabric -Reinforced Roofing System is tough and flexible; it is recommended for both new and existing roofs. This extra -durable system will deliver these benefits for years to come: • Stops leaks with superior waterproofing • Offers excellent wind and hail protection • Increases energy efficiency and lowers utility expense with its cool, white reflective surface • Extends the life of your existing roof 'Conklin offers limited non -prorated material or total manufacturer's warranty covering both labor and material (additional costs will apply) to our distributors once the required documentation is sent to Conklin and approved Recoup your costs A great return on investment is another important reason to install a Conklin Fabric -Reinforced Roofing System. Many i' ltisfied building owners discover that a Conklin roof lowers dir conditioning costs and can pay for itself during the warranty* period. Federal tax rebates, tax credits, and deductions may also offset your investment. Check with your local utility company, tax advisor, and state government energy agency for additional details. Reduce cooling expense by up to 30% The average roof absorbs a large portion of the sun's ultraviolet rays as heat. Conklin's white Fabric -Reinforced Roofing System reflects 85% of the sun's heat, cooling your roof, which could save as much as 30% in air conditioning costs. Cool A_ Hob Conklin's highly reflective roof systems have been providing quality solutions to the roofing market since 1977. A complete system of products to get the job done: Coatings • PU MA° XL offers outstanding tensile strength by combining advanced technology with exceptional versatility. • Benchmark® offers the ultimate in flexibility and strength. • Rapid Roof III® has offered proven protection since 1977. • Rapid Roof® HV** delivers Conklin quality without the costly code approvals and fire ratings. • Equinox° is the industry's only extended season acrylic roof coating. Primers • Prime Time® offers optimum performance through the quality acrylic latex design. Enjoy peace of mind with our warranty* programs *Conklin offers limited non -prorated material or total manufacturer's warranty covering both labor and material (additional costs will apply) to our distributors once the required documentation is sent to Conklin and approved. '* Rapid Roof® HV can only be used on concrete when it is used in the Fabric - Reinforced System. w4ft� , i r� Photo courtesy of Chris Porosky "We have found this system to be an excellent choice for both new construction and existing roof restoration projects. The positive features include full adherence to substrate, no air pockets to create condensation, full fabric immersion in base coat, simple detailing around curbs and vents, white reflective top coat, and painless repairs. This system is fully sustainable for many years, and is a leak -free solution our company and clients love." —William Schrock, Montana f FM PMEHICAN- 21 R APPROVED GWL Us pMEPICANOWN50 • PRODUCT RS0820 078584N_1220_SELLSHEET_FabricReinforced 02020 Conklin Company Inc. Manufacturer: Testing & Approvals: Conklin Company Inc. UL-790 Fire Class "A" 551 Valley Park Drive Rating Shakopee, Minnesota 55379 Hail Rating UL Class "4" TGFU.R843S (800) 888 — 8838 Fax (952) 496 - 4285 FM Severe Hail 4470 Product Description: ICC Approved Fire Retardant US Dept. of Energy Energy Star Rated Basic use: Benchmark" is an elastomeric, acrylic, CRRC Approved monolithic roof coating in a bright white finish. It is designed to completely waterproof a number of Technical Data: approved substrates, which includes: metal roofs, spray polyurethane foam, and Conklin's Fabric Resin Type Acrylic Reinforced System. Color White Coverage 1.9 gallons per 100 sq. ft. Limitations: Must not be applied at temperatures Density 10.8 lbs./Gallon below 40°F or during inclement weather. Surface temperature must be at least YF above dew point Thickness 13.5 dry mils per coat and relative humidity less than 80 percent to Number of Coats Base & Top Coat ensure dry surfaces. Ambient temperature should Dry Time** 2 — 8 Hours not exceed 100°F and surface temperature should Total Solids not exceed 120°F. The polyurethane foam must be (by weight): 65 % free of ponding water. A roof surface which has (by volume): 54 /o more than 36 sq, ft. of water in any area %" deep 340% (Base &Top) or more, 48 hours after a rain, shall be considered Elongation ASTM D-412 unacceptable. Small "bird baths" cannot account 410 psi (Base & Top) for more than 5 percent of the entire roof surface. Tensile Strength ASTM D-412 Sizes: Available in 5-gallon containers, 55-gallon Flexibility Pass 1/8" Mandrel - 40' F ASTM D -1737 drums and 220-gallon mini -bulks. Standard Test Method for acrylic Pass —ASTM D6083-05 Coverage Rate: Benchmark should be applied at coatings 1.9 gallons per 100 square feet. Initial Reflectivity: 0.85 -ASTM E-903 Companion Products: Aged Reflectivity: 0.72—ASTM E-903 Initial Emissivity: 0.89 • Benchmark" Base Coat Aged Emissivity: 0.89 • PUMA" XL Initial SRI: 107 • Prime Time® Aged SRI: 0.88 • Tack Coat VOC Content 44 g/L (0.37 lbs./gal) • Encase® Metal Primer *Refer to Underwriters Laboratories Roofing Materials and Systems directory for specific fire resistance assemblies or contact Conklin Roofing Systems, **Dry time for Benchmark will vary depending on temperature, humidity, thickness at which the product is applied and wind. Lower wind speed, higher humidity or higher wet film thickness will increase the dry time in excess of the reported average. Application: Safety: Mixing: The mixing of this product is dependent on age, storage conditions and containers. Please contact the Building Product dlvisionl Surface Preparation: The substrate must be structurally sound, solid, clean and dry. On certain decks and surfaces, proper installation of drains, vapor retarders, roofing vents, expansion joints, flashings, and positive slope to drain will be required. The application surface must be finished, smooth and free of grease, wax, dirt, contaminants, moisture and other matter that would interfere with adhesion. It must also be free of chips loose roofing or other foreign matter. Do not apply to SPF foam surfaces with texture of "verge popcorn" "popcorn" or "tree bark". Application: The recommended application rate is 1.9 gallons per 100 sq. ft. of Benchmark base coat, followed by 1.9 gallons per 100 sq. ft. of Benchmark top coat. This rate includes 15 percent for application loss and 10 percent for surface texture. Under very irregular roofing substrate conditions more product may be required. Must be applied in a continuous, unbroken film of dry thickness no less than 13.5 mils per coat over entire roof. If roofing granules are to be used, they MUST be embedded using a second application of top coat at 1.0 gallon per 100 sq. ft. Quartz granules should be applied at a minimum of 50 lbs. per 100 sq. ft. Clean Up: While coating is still wet, clean yourself, tools and the area with water. If the coating is not fully dry, It can easily be removed with a solution of Mox" multipurpose cleaner and water. Disposal: Dispose of product in accordance with local state and federal regulations governing hazardous waste. Warning: HARMFUL IF SWALLOWED. May cause eye, skin and respiratory system irritation. Keep out of the reach of children. If spraying use a NIOSH-approved dust/mist mask. First Aid: Eyes — immediately flush with plenty of water for at least 15 minutes. If a contact lens is present, DO NOT delay irrigation or attempt to remove the lens until flushing is complete. Skin — wash with soap and water, followed by a thorough rinse. Ingestion — if swallowed, DO NOT INDUCE VOMITING, dilute with three to four glasses of water. Immediately call a Poison Control Center or physician for further instructions. Inhalation — immediately move to fresh air. For US Health Hazard Information, call: 1-888-786-0974 Proposition 65 Statement: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. Storage: Keep containers tightly closed when not in use. Store in a cool place, above 40' F. Keep from freezing. ®Conklin Company Inc. 2022 02112022 Manufacturer: Product Properties: Conklin Company Inc. 551 Valley Park Drive Shakopee, Minnesota 55379 (800) 888 — 8838 Fax (952) 496 — 4285 Product Description: Basic use: Conklin's 360-S® is a single - component, moisture -curing elastomeric urethane sealant ideal for both expansion and control joints. 360-S cures to a durable, long lasting finish with superior adhesion to many surfaces. Limitations: For best results, product should be applied at temperatures of 40°F and above. 360-S must be applied to completely dry surfaces or adhesion will be adversely affected. Containers should not be opened until preparatory work has been completed. While 360-S may be painted, the anticipated movement of this elastomeric sealant may cause the paint to crack, craze, and lose adhesion over a period of time. Sizes: The sealant is available in 20 oz, (591mL) cartridges sold 12 per case. Coverage Rate: (one-fourth inch by one-fourth inch joint) 10.2 oz. (300mi.) cartridge 52 linear feet. Companion Products: • Rapid Roof III®, Rapid Roof HV, Equinox®, Benchmark®, & PUMA XL® • Flexion XL® • OUTPOST® ■ Affinity® Resin Type 100 % Urethane Base Color White and Bronze Tensile Strength ASTM D412 350 psi Elongation ASTM D412 800% Flexibility ASTM D746 -40°F Do not apply at Temperature: temperatures less than 40° F. or during inclement weather Tack Free heavy skin after Dry Time* 24 hours (75F° and 50% RH) Full Cure 7 days VOC Content 35 g/L (0.29 lb. /gal.) *Cure time for 360-5 will vary depending on temperature, humidity, and thickness at which the product is applied, Application Surface Preparation: Remove all loose or peeling paint, rust or deteriorating substrates. Clean all surfaces ensuring removal of dirt, grease, oil, wax, and polishes. Single -ply: New membranes should be solvent wiped with xylene and dried before 360-S is applied. It is imperative that no moisture be left on the surface. Application to surfaces not thoroughly dry will fail due to blisters under the sealant at the interface. Masonry: When necessary, cleaning should be accomplished by grinding, sandblasting, or wire brushing until a sound contaminant -free surface is obtained. Wood (including painted wood): Apply 360-S only to new, dry, clean sound wood. Remove weathered, soft, or treated surfaces. An effort should be made to remove all coatings from the surface. It this is not feasible, test the adhesion of the sealant in a small area first. Metal: Scale, rust, and all evidence of corrosion must be removed. Bright metal should be visible. Coatings, films, and chemical residues can be removed with solvents. Aluminum window frames are often coated with a lacquer that could interfere with adhesion. Removal of the lacquer can be accomplished with a clean cloth dipped in methyl ethyl ketone (MEK). Other types of aluminum coatings may require a primer coat. Other Caulks/Fillers: Do not allow this sealant to come in contact with butyl rubber or oil based caulks, silicones, or alcohol based material or solvent. Never use filler or backer rods that have been impregnated with oil, tar, or any migratory saturant. These migratory oils could interfere with sealant adhesion. Disposal: Dispose of product in accordance with local state and federal regulations governing hazardous waste. Warning: HARMFUL OR FATAL IF SWALLOWED. CONTACT PHYSICIAN IMMEDIATELY. Keep out of the reach of children. If spraying use a NIOSH- approved dust/mist mask. First Aid: Eyes — immediately flush with plenty of water for at least 15 minutes. If a contact lens is present, DO NOT delay irrigation or attempt to remove the lens until flushing is complete. Skin — wash with soap and water, followed by a thorough rinse. Ingestion, if swallowed, DO NOT INDUCE VOMITING,, dilute with three to four glasses of water. Immediately call a Poison Control Center or physician for further instructions. Inhalation — immediately move to fresh air. For US Health Hazard Information, call: 1.888-786-0974 Proposition 65 Statement: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. VOC Concentration: as applied (less water and exempt solvents): 35 g/L (0.29 lbs. /gal.) Storage: Shelf Life is 12 Months when stored away from heat and direct sunshine. Store in a cool, dry place, above 40° F. Keep from freezing. Clean-up: While the coating is still wet, clean yourself, tools and the area with water. If the coating is not fully dry, it can easily be removed with a solution of MOX® Multipurpose Cleaner and water. CONKLIN COMPANY INC. SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES FROM ANY CAUSE WHATSOVER. THIS GUARANTEE IS IN LIEU OF THE IMPLIED WARRANTY OF MERCHANTIBILITY AND ALL U I HtK WAKKAN I Ith t FKLbbLU UK IIVIFULU. THIS GUARANTEE APPLIES ONLY TO THE CONKLIN INDEPENDENT BUSINESS OWNER WHO PURCHASES THE PRODUCT AND CANNOT BE EXTENDED TO ANY OTHER PERSON ®Conklin Company Inc. 2022 qtA.ji./' Fast — Requires less drying time than other coatings PUMA XL is formulated for use with the following Tough — Protects for years Conklin Roofing Systems: Smart — Offers significant energy savings • Spray Polyurethane Foam (SPF) PUMA XL is the latest product in the Conklin family of advanced -technology, premium roof . Fabric -Reinforced coatings. It combines the best performance of urethane and acrylic polymers to create . MR® system for a seamless membrane with excellent adhesion to many different substrates. Compare to metal roofs industry standards and you'll see that PUMA XL delivers exceptional tensile strength and excellent elongation, which makes it tougher and more durable than conventional acrylic roof coatings — so much so that it carries an unprecedented 18-year warranty. Features • Long-term protection • Seamless membrane for superior waterproofing • Low VOC emissions • Provides a cool, reflective top coat, which saves energy costs PUMA XL is easily sprayed or rolled over the following approved roof deck: metal, sprayed polyurethane foam (SPF), plywood, isocyanurate insulation board, and oriented strand board (OSB). Testing & Approvals: UL-790 Fire Rating* Class "A" Technical Data: Resin Type Modified Acrylic Color White Coverage 1.9 gallons per 100 sq. ft. Density 12.0 lbs./Gallon Thickness 13.5 dry mils per coat Number of Coats Base & Top Coat Dry Time** 2-6 Hours VOC Content 44 g/L (0.36 lbs./gal) Elongation 250% (Base & Top) ASTM D-412 Tensile Strength 625 psi ASTM D-412 Flexibility Pass 1/8", Mandrel -40°F ASTM D-1737 Solar Reflectivity 85% ASTM E-903 Standard Test Method for acrylic coatings Pass ASTM D6083-97 *Refer to Underwriters Laboratories Roofing Materials and Systems directory for specific fire resistance assemblies or contact Conklin Roofing Systems. **Dry time for PUMA XL will vary depending on temperature, humidity, thickness at which the product is applied and wind. Lower wind speed, higher humidity or higher wet film thickness will increase the dry time in excess of the reported average. rn 4- co Optional Warranty Program 4- Our optional warranty programs for your new Conklin Roofing System include limited material and ton manufacturer -backed labor and materials warranties up to 18 years. Contact your Conklin roofing contractor Q for more information. 0 L_ CM 0 a c U 3 Learn more about Conklin Roofing Systems OOFIN by contacting the Conklin Contractor J1LVS_Y_S_TE_MSG below for a roof inspection and a quote. 9 J X Q g {1) PUMA XL is listed under UL 790 Class `A" Fire Rating .g �i R50820_079285C_0613_ssPUMAXL 02013 Conklin Company Inc. Application: Safety: Mixing: The mixing of this product is dependent on age, storage conditions and containers. Please contact the Building Product division Surface Preparation: The substrate must be structurally sound, solid, clean and dry. On certain decks and surfaces, proper installation of drains, vapor retarders, roofing vents, expansion joints, flashings, and positive slope to drain will be required, The application surface must be finished, smooth and free of grease, wax, dirt, contaminants, moisture and other matter that would interfere with adhesion. It must also be free of chips loose roofing or other foreign matter. Do not apply to SPF foam surfaces with texture of "verge popcorn" "popcorn" or "tree bark". Application: The recommended application rate is 1.9 gallons per 100 sq. ft. of Benchmark base coat, followed by 1.9 gallons per 100 sq. ft. of PUMA XL top coat. This rate includes 15 percent for application loss and 10 percent for surface texture. Under very irregular roofing substrate conditions, more product may be required. Must be applied in a continuous, unbroken film of dry thickness no less than 13.5 mils per coat over entire roof. If roofing granules are to be used, they MUST be embedded using a second application of top coat at 1.0 gallon per 100 sq. ft. Quartz granules should be applied at a minimum of 50 lbs. per 100 sq. ft. Clean Up: While coating is still wet, clean yourself, tools and the area with water. If the coating is not fully dry, It can easily be removed with a solution of Mox" multipurpose cleaner and water. Disposal: Dispose of product in accordance with local state and federal regulations governing hazardous waste. Warning: HARMFUL IF SWALLOWED. May cause eye, skin and respiratory system irritation. Keep out of the reach of children. If spraying use a NIOSH-approved dust/mist mask. First Aid: Eyes — immediately flush with plenty of water for at least 15 minutes. If a contact lens is present, DO NOT delay irrigation or attempt to remove the lens until flushing is complete. Skin — wash with soap and water, followed by a thorough rinse. Ingestion — if swallowed, DO NOT INDUCE VOMITING, dilute with three to four glasses of water. Immediately call a Poison Control Center or physician for further instructions. Inhalation — immediately move to fresh air. For US Health Hazard Information, call: 1-888-786-0974 Proposition 65 Statement: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. Storage: Keep containers tightly closed when not in use. Store in a cool place, above 40° F. Keep from freezing. Please Note: Previous field- applied coatings and residential properties are not warrantable. ®Conklin Company Inc. 2022 02112022 Manufacturer: Testing & Approvals: Conklin Company Inc. 551 Valley Park Drive Shakopee, Minnesota 55379 (800) 888 — 8838 Fax (952) 496 - 4285 Product Description: Product Description: Basic use: PUMA® XL is an advanced -technology premium polyurethane modified acrylic roof coating with a highly reflective bright white finish. It is designed as a two coat waterproofing application using Benchmark® base coat. PUMA XL can be applied to metal roofs, spray polyurethane foam and Conklin's Fabric Reinforced System. Limitations: Must not be applied at temperatures below 40°F or during inclement weather. Surface temperature must be at least 5°F above dew point and relative humidity less than 80 percent to ensure dry surfaces. Ambient temperature should not exceed 100*F and surface temperature should not exceed 120°F. The polyurethane foam must be free of ponding water. A roof surface which has more than 36 sq. ft. of water in any area X" deep or more, 48 hours after a rain, shall be considered unacceptable. Small "bird baths" cannot account for more than 5 percent of the entire roof surface. Sizes: Available in 5-gallon containers, 55-gallon drums and 220-gallon mini -bulks. Coverage Rate: PUMA XL should be applied at 1.9 gallons per 100 square feet. Companion Products: • Benchmark® Base Coat • Prime Time® • Encase$ Metal Primer UL-790 Fire Rating Class "A" Hail Data UL Class "4" TGFU.R8435 CRRC Approved Technical Data: Resin Type Modified Acrylic Color White Coverage 1.9 gallons per 100 sq. ft. Density 10.9 lbs./Gallon Thickness 13.5 dry mlls per coat Number of Coats Base & Top Coat Dry Time** 2 — 8 Hours Total Solids (by weight): 63.0 % (by volume): 52.0 % Elongation 250% (Base & Top) ASTM D-412 Tensile Strength 360 psl (Base & Top) ASTM D-412 Flexibility Pass 1/8" Mandrel - 401 F ASTM D -1737 Standard Test Pass — ASTM D6083-05 Method for acrylic coatings Initial Reflectivity: 0.86 - ASTM E-903 Aged Reflectivity: Pending Initial Emissivity: 0.9 Aged Emissivity: Pending Initial SRI: 109 Aged SRI: Pending VOC Content 46 g/L (0.39 lbs./gal) *Refer to Underwriters Laboratories Roofing Materials and Systems directory for specific fire resistance assemblies or contact Conklin Roofing Systems, **Dry time for PUMA XL will vary depending on temperature, humidity, thickness at which the product is applied and wind. Lower wind speed, higher humidity or higher wet film thickness will increase the dry time in excess of the reported average. Photo courtesy of Linford Zook What Conklin Cool Roofs Do for You • Reduce air conditioning bills • Provide sustainable roofing systems • Increase roof durability • Reduce the amount of landfill waste by recoating the • Lower air temperature surrounding air conditioning unit existing roof • Help lower the heat island effect Ambient Temperature 90' F: Statistics taken from www.reliont.com Reflectivity Reflectivity Reflectivity 5 % Low 60% Mid 85 % High SRI* r SRI* s SRI* 3 55 107 Surface 100°F Black Asphalt Aluminized Coating Conklin Cool White Roofs *The Solar Reflectance Index (SRI) is a measure defined by the Lawrence Berkeley National Laboratory as the roof's ability to reject solar heat, as shown by a small temperature rise. It is defined so that a standard black (reflectance 0.05, emittonce 0.90) is 0 and a standard white (reflectance 0.80, emittance 0.90) is 100. Due to the way SRI is defined, particularly hot materials can even take slightly negative values, and particularly cool materials can even exceed 100. Source: Cool Roof Ratings Council Proven Performance Beginning in 1977, Conklin was the first company to create and manufacture white, acrylic roof coating systems. Conklin continues to develop some of the most innovative and sustainable roof coatings on the market. With more than one billion square feet of roofing applied and hundreds of thousands of satisfied customers, Conklin has changed the face of the roofing industry. Contractors using our roofing systems can maintain and protect your building for decades to come. Conklin's Cool Roofs Meet the Highest Standards for Reflectivity and Emissivity These qualities result in a highly sustainable roof that: • Reduces severe temperature fluctuations that cause thermal movement and stress • Reflects damaging UV rays to help slow the aging process of the roof • Lowers roof temperatures, reducing the rate of chemical breakdown CRRC-Rated Protection Conklin Company is proud to be a partner of the Cool Roof Rating Council. Our white roof systems meet the CRRC's stringent guidelines or solar reflectance and thermal emittance and help protect the environment through energy efficiency in a number of ways by: • Decreasing the energy required to cool the building, resulting in less air pollution • Reducing the amount of roofing materials discarded into landfills with exceptional sustainability • Minimizing summertime heat island effects in city environments, slowing down the formation of smog Savings for All Seasons The outside temperature doesn't have to be hot for Conklin Roofing Systems to reduce energy costs. Conklin's Spray Polyurethane Foam (SPF) Roofing Systems and Single -Ply Membrane Roofing Systems have a layer of insulation that helps lower heating costs in the winter. With white, reflective coatings to reflect summer heat, Conklin roofs are energy efficient all year round. FLEXION' XL, PUMA' XL, Benchmark', Rapid Roof III', and OUTPOST' meet the requirements of reflectivity and emissivity for inclusion in the CRRC program. Conklin's highly reflective roof systems have been providing quality solutions to the roofing market since 1977. `lam AMERICf AMERICAN•OWNEO Benchmark' Rapid Rool III° Rapid Roof° NV PUMA' XL FLEXION' XL PVC OUTPOSVTPO RS0820_078844E_0220_SeIlSheetCoolRoofs 0020 Conklin Company Inc Marathon Roofing Products CQMPAMINN merothondreins.com I P 800.828.8424 1 F 716.332.7676 ECONOMY ALUMINUM BRAIN • Available In Sizes 2", 3", 4", 5" & 6" • Constructed of Heavy Duty (.081) Spun • 12" Long Outlet & 16" Diameter Flange • Bolt -in -Place 5" Aluminum Strainer COPPER-TITE • A Retro-Fit Insert Copper Drain • Seals Securely within Existing Pipe • Prevents Water Back-up Problems by Sealing Side Wall Gaps with Expandable Water Proof Tape • Simple & Quick to Install, Just Peel Off Tape • COPPER for Reliable Long Life • TITE for Secure Waterproof Fit • Fits Drains 2" (51 mm) to 10" (203mm) • Available in Premium 18" Flange Diameter with Clamping Ring • Available in Premium 14" Flange Diameter with Clamping Ring. COPPER-TITE sealant tape is designed to expand to pproximateiy four times its compressed thickness. Just prior to inserting the COPPER-TITE drain the installer removes the exterior restraining tape and immediately sets the retro drain in place. The released tape gradually expands to fill the space between the COPPER-TITE drain and the existing drain sleeve making the connection watertight. G)G30LjCs isns PROLINER STRAIGHT DRAIN WITH CLAMPING RING trnr , Use applications where direct mechanical pressure is required by a clamping ring to provide additional bonding of membrane to drain and roof deck. Ring is made of Heavy Duty rigid material and secured in place by six bolts and nuts equally tightened to provide consistent pressure to secure the membrane. ,Note: Clamping ring option Is recommended for single ply systems. & WARNING m,t•r a„A Rop:otlucm.n Hann w-n P65'"y—hq, ca 004 COPPER TM Y Y�� COMPRESSED SEAL EXPANDED SEAL CTS 29 CR(E) COPPER-TITE features a 2" (51 mm) wide band of high density expanding foam tape impregnated with asphalt which is factory applied In a compressed state around the drain outlet. COPPER-TITE sealant tape expands more slowly in cold temperatures. When heat is applied to the Inside of the outlet the sealant tape expands more rapidly. Should the tape expand too much before inserting the COPPER-TITE drain, simply recompress the tape by hand and then insert the drain. CLAMPING RING made of rigid material to provide consistent pressure Is recommended for single ply systems. FLANGE, 18" diameter 20oz. copper for graveled or smooth roofs. Choose drain flange surface options best suited for re -roof system being used; Asphalt PRIMED for BUR and Modifled Bitumen. PLAIN for EDPM Rubber and Hypalon. PVC COATED for PVC and other thermoplastic systems. Clamping ring option is recommended for single ply systems. Available in 2", 3", 4", 5", 6" and Non Standard Sizes STRAINER 10" diameter, 3 bolt attachment; high density polyethylene standard; cast Iron alloy optional. OUTLET, of malleable metal alloy fits Inside cast iron, steel, PVC or copper existing drain pipe. Outlet Is designed to be expanded by the PROLINER EXPANDER TOOL to create mechanical, metal -to -metal seals, locking the Prollner Into place with permanent watertight seals. Marathon Rauffng Products ALUMINATOR • Innovative & Improved Dome & Ring Castings • NEW 2" Overflow Clamping Ring as an Option • Available In PVC & TPO Coated Flange • Available with 22" Outlet • Improved Packaging - Bulk or individually Packed Options • Carton Design FEATURES URES • All Aluminum Retroflt Drain with Aluminum Body IN Constructed of Heavy Duty Spun Aluminum for Quick & Easy Installation IN Heavy Duty Aluminum Ring that is 1-1 /4" Tall 12 Scallops to Maximize Drainage Seep Holes on Bottom of Ring & Bolt In Place 3 Bolt Aluminum Strainer that is 10" Diameter x 6" Tall • Available in Copper (Special Order Only) ALUMINUM FAST FLOW ll 1 l f farar --*Mar NO ALUMINATQR "".°""°"°""°"`°°"' ProSeal Seal NEW Carton Design NEW Aluminum 2" Overflow Ring m WA1RNINO Standard with ProSeal Rubber Seal Cod.cll'nu^ a • Gnq'odu^Iwn Hn ar WP65'hcrr '.,D, ca poa • Larger Stud Diameter for Increased PVC Coating Strength of Hardware Only • Available in Sizes of 3", 4", 5" & 6" • Includes Strong Mechanical Seal that Prevents Water Back-up Issues • Flange Diameter 16" • Drain Outlet Length 12" IN Available in 2", 3", 4", 5", 6", 8" and Non -Standard Sizes • New Clamping Ring Style for Single -Ply Systems • Constructed of Heavy Gauge (.081) Spun Aluminum • All Common Sizes Available for New & Retrofit Styles • Quick & Easy to Install & Maintain • Bolt -In -Place PVC Strainer Dome Standard, Cast Iron or Aluminum Strainers Optional • Efficient & Economical • Optional Anfl-Backup Seals Available IN Optional Aluminum 2" Overflow Ring Available Intimidator 8" Aluminum Retrofit Drain with Clamping Ring - Available with Optional Back-up Seal & Aluminum Ring & Dome. emanrnrrt ,y� auwnrro W+roP4T— r' s�y� L f' . �EMANI W:R0.1�-. 1�nrartro-, P3ttMnP4 �tlN � Y7I�11pjrrlI^LLL^IIYYY(�jYY4Qj�yO}Q wsn-�.; � sIN1FnrPAWNo �liVlJa6 Mw Eea'u`cr T. r'iAfC Nk •r��•' 0&M _M�/NMlrWel Marathon Roofing Productu ALUMINUM GUTTER DRAINS 601'1" & • Available in 3" and 4" • Heavy Gauge Aluminum Body • Stainless Steel Clamping Ring • Stainless Steel Snap -on Grate • Includes ProSeal for a Strong Mechanical Seal to Prevent Water Back-up Issues • Available with 5" Aluminum Strainer • Available with TPO or PVC Coating • Available with Expanding Tape for Back-up Issues DURA ROOF DRAINS DURA RETROFIT NEW 'RD DOME � i t 4 1 3i4 CANTED SCUPPER DRAIN 4' I t, + 16-I/2' NON -CANTED SCUPPER DRAIN marathon drain s.com 1 800.82B.8424 .�� ProSeal Seal • Available in 2", 3", 4", 5" and 6 • Dura Retrofit Drains • Dura Scupper Drains • Accessories • Compatible with Bur, Modified, and Epdm DURA RETROFIT ANTI -BACKUP ROOF DRAINS Made of thermoplastic rubber, highly resistant 3,4 to ultraviolet sunrays, and other atmospheric and chemical conditions. The top of the dome swings open by0107, loosening one screw. This allows for quick and easy cleaning as well as additional security. 2.75" LOW PROFILE ALUMINUM STRAINER 1 PVC/TPO COATINGS Order basket strainer separately. Our Aluminator Flange has the option to be PVC or TPO Coated for direct hot air welding of PVC and TPO type roofing membranes. AEW 2" ALUMINUM OVERFLOW RING r Aluminator with 2" Aluminum Overflow Ring 100 &WARNING Cancer and Reproductive Harm www. P65W01n1r$ gs.co.. Acts as both a clamping ring and overflow PVC Coating Only J&A Roof Care Program Just like any other building component that is subject to regularly scheduled maintenance (HVAC, elevators, fire suppression, etc.), your roof needs to be properly maintained. Factors like extreme weather, rooftop traffic and pollution can affect your roof s condition. A routine preventative maintenance program provides a comprehensive solution based on your individual needs. This program will help extend and maximize the overall service life of your roof. Services Received: • Removing debris from the roof, as well as valley areas and around flashings • Clearing all drains, scuppers, and downspouts • Repairing any small, noticeable potential roof leaks • Check the roof system for proper adhesion, including fasteners. • Refastening any materials that have become loose from the wind. • Inspecting the roof for blisters, cracks, and seam separation • Inspecting, refastening and resealing parapet wall flashing, as needed • Checking and resealing roof penetrations, such as those from plumbing, AC systems, and vents • Inspecting roof accessories, including satellite dishes, antennas, solar heaters, etc. • Providing an estimate for repairing any major damage uncovered • Provide a timeline for repairing or replacing the roof, if needed, as well as a budget for future planning *Please contact J&A Northwest Construction following any outside services completed on your roof to avoid any cancellation of program* &A Roof Care Program Yearl Fee $800.00 + $0.03 per sq ft 70,000 Spring $2,900.00 $800.00 + $0.03 per sq ft 70,000 Fall $2,900.00 TOTAL $5,800.00 Customer (PRIN Customer (SIGNATURE) DATE: Sales Rep (SIGNATURE) DATE: INSPECTION REPORT Inspected by: Date: Customer: Contact: Address: Phone Number: Needs What to Check OK � _ Attention Gutter and Collector Heads , Scupper Boxes Roof Drains Pitch Pans Curbs and Flashing RTU curbs and Service Area Crickets expansion Joints seams of Membrane Low Spots or Ponding Areas Condition of Membrane Roof Obstructions Coping Metal _ Base Flashings Pipe Jacks _ Grease Vents Pipe Supports or PVC Supports Positive Drainage Skylights and Flashing Kits _ Thermal Blistering to Membrane Membrane Delamination / Shrinkage NOTES: N?A City of Stillwater - St. Croix Valley Recreation Center Reroof Project 1675 Market Drive Stillwater, MN 55082 CONSTRUCTION DOCUMENTS APRIL 12, 2024 Yr ,� �IEtT iounoHs�wv r- GENERAL NOTES e: �mnnrrs e*w. �"`r"E� � °Fa.e�noxs°�°`maro.aFc+wo�arrxn aeQ�sRa.eola.mi..mara�.owr wx orr....muu saw a w.sor• woan a s� ro>o` wnwus� ANNOTATION LEGEND /�\ � oa,oruw �vrme ��x1�� rv+ro��rumcur CONTRACTOR REQUIREMENTS .n„�.Fsw.wwu .r rocowurEr� eearacwsn� .ca.r..cn..wu wonaww.ro�.e�n .ww�.r rKs rr.gwi � .qucew'n.owow . ee�iY(YAM' A+L4 GC'aY.f� oxer.,.ar...e�wa..nr wo.c: m.w can.cra..u:.r..a. riwa'O"'i��.r�cwa`�owcwi iao:u Ri�`sa��.una �unw �ro..aare .� ue a riY°`.a mrmc,rrw • �r. nic.4wrawmwaw a�m�ae.r+wurnwew. s�c.re fl�. HAGEH, CHMSTENSEN & MCILWAIN ..c.ITc-- E City of Stillwater - St Croix Valley Recreation Center Reroof Project COVER SHEET a0.0 i -F*PFU ,�.*Mn— IM we-ro Qw ROOF DEMOLITION PLAN GENERAL NOTES a [letaa fioaFIOPPR.UPFHEIRATIOIL4 NiEr0��am On iln Wwwa I�iotu. nces,j io�oeroa� rr�qu � vow IlEflwxu/F]KIR1fl1LVE1CCA wd106¢i+NELT IIOOIF1',.f0 lELwlffcT.11 RCOF1�uEGx.+atX EOJweEM UIEIlY PT1I'q N/0 FlF .rLEIXIFxFNt0.5FEWFEO-Wl9UL OJNMOLTOFTO WtRW:RE ra ra rwe cdnmrv� vgir�iawo�rrz� ROOF DEMOLTION PLAN - SYMBOL KEY r�,s4v>unocnr. HAGEN. CHRISTENSEN & MCILWAIN r arl; Gxal JI1 Ater arrow City of Stillwater - St Croix Valley Recreation Center Reroof Project DEMOLITION ROOF PLAN d2.1 s i� RooF wiN via=ro „ RODF PLAN 4 ERA X RAT-X�, = IIOO,iKtG.,vPFs.50r,�lo0El F1UWEiXEXE XtlEptTFM� � N� �ECiRcu�9�ATrnLwSCaepc, uOnR UID �� /S tE$mTOXffTHp u.,11RIYAFNRf1G • 4G YlI YCIO.OIS dMl M•'li.C1W fM1%�K.An�eP ROOF PLAN - SYMBOL KEY HAGEN, CHRISTENSEN & MCILWAIN XrTE[TS J at-e 1 i City of Stillwater - St. Croix Valley Recreation Center Reroof Project ROOF PLAN a2.1 \�� SECTION DETAIL- WALLTO LOW %lOF TRAIdSfigN ttrr=ram �. SEGiF7r[YE9AR-lifPANSKf�J7R11 — I.Y•RC iYwF�l>Ktl�w1l�. Y.Mprllatl.o Aaa•d.Y wi+• ,dlaw n�ellw warHerr�rwrc:�x �wis LPL AFp}rr;a{p r� o -f[mBGM1C�oYa�gn srwv ,+.e ssrf�0v I �1t1ntt NVGco.h �Fa '. � _ - .� 12� �� DETAR-PARAPErriALIQ PREfAST WALL 1vr=ram 1 fO••tq ,w telYrs YEINM — PFKril u+aln. rlav IINw{��N W+w�ML4'�laK/P Gs. ,upon'•-.w,�o-,v'""` MIM g rpf�n�n.,onoruay.1'��iir�rRrFSA.:.w,E95n±r;.+!t�a, _ Y1�•T mA,.Y10°. �o10O'ianG �I fiUr�r� �r.IL• 7Y?+uL 9rOF,ASSE4B1.7 -Itrnemll®FP -i0^{.nvAF4W aL •ttNP. AZYCT #.AIWIP � ��IrM n�"`Oo�Lra'�'P5%Frar`''9"ear.'4�nar r.A,n m.� � � _ - ��Yalmm�r.rm.nsos IP• ia1FiR.P4tLY cv�a�Ra1��THOG I'.. ••- FClGx 44`19MPIr'41Ys M>wGwi /� Lm�POiulnimulRfewo-�ad - - - I�LdCp/-Y[Ow1Yy1v rMeFrM rwoAxm.s�aF.oc+lu.x A NlY[>.6 F•FITil.MH bY16 i ,Nw II rAC[YRfILPUO.rlrr nea+aa+rta.tnsY 1: �: �: � YtYsm. �ww 111. RAN�IETJ_�IL-TYP. SEAM DIACitAM __—__--_— =r_P (3; SECDOIJ DETAIL- OVERFLOW Sf1PPER -tlrr=r�r >tX+ntiILpHFPr — v uucur rrn awlwP. �� 1O � rmoEx�„xmar 1,io - - — - — 3 f+FGiRI*!C � �� .I n+:Atroinvaorta�t ,.0 wow .m.riP --- — a•wm�FewF !"s a�tnwx,LnAIL�»ur4oN.�rArv�+r+Fz+'n _ 1Vx•Y� �-s - IArOt � F$ wan amlo w rw.,,APPreY.nam• rwx. aaw, wculce.. a,+Anrru 1 2�r'-v-��AIL-TYA .y7+,,in.Mp1 ^JAhRTp. _ HASEN, CHRISTENSEN & MCILWAIN �• xl Ff CrS " ter .e.a . rt PLW City of Stillwater - St. Croix Valley Recreation Center Rer0000f Project ROOF DETAILS a5.1 1� SEOTIOH OETAR - S M L.NDF31 AT HIGH ROOF S 11?�1'd I 14 nr LIwI�YY'JrRIYYt ^ i AOp/.Y 10'rw - ,31 gCRONTFTAIL-PARAPET WNl®ILWS�PRY 9ff = 1'd gCi1 WTML-5 MLAOOERATLOWROOF ly) 11-- .... ,l -L HA6EN, CHRISTENSEN & MCILWAIN A cnl TECT! '[(w�te A� nmr m :( un��teaa _ 1,111/`Cc`y lANtM mz ap City of Stillwater - St Croix Valley Recreation Center Reroof Project ROOF DETAILS a5.2 i water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jenna Schmid, Deputy City Clerk SUBJECT: Temporary Liquor License for River Siren Brewing BACKGROUND The River Siren Brewing applied for a Temporary On -Sale Liquor License to be used during their `Bands for the Brave' event located in the brewery's parking lot at 225 Main St. N, on September 7th, 2024 RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On -Sale Liquor License to River Siren Brewing for September 7th, 2024, contingent upon AGED approval. i water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Therapeutic Massage Business License and Individual Massage Therapist License BACKGROUND A renewal application for a business license and individual license has been received from Aaron Koen owner of Renew and Recover Massage Therapy. Shaylynn Wichryk who has been hired by licensed business, The Healing Journey Massage & Wellness Oasis, LLC submitted an individual license application. All applications materials have been collected and background checks have been conducted. RECOMMENDATION Staff recommends approval of the business and both individual massage therapists 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 LICENSES FOR 2024. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPROVING ISSUANCE OF THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSES 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) Renew and Recover 1110 Broadway St N. Aaron Koen Massage Therapy The Healing Journey 6750 Stillwater Blvd Shaylynn Wichryk Massage & Wellness Oasis, N, Unit 3 LLC - license approved 51712024 Adopted by the Stillwater City Council this 20th day of August, 2024. CITY OF STILLWATER Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Case No. CD 2024-030: Easement Vacation and New Drainage and Utility Easements for 201 & 211 Olive St W DISCUSSION The City has received an Application for Easement Vacation to facilitate a lot line reconfiguration for 201 & 211 Olive St W. In addition to the lot line reconfiguration, the existing easement in question was recorded in an incorrect location anyway. Upon approval of the lot line reconfiguration (administrative approval), this easement vacation and dedication of new easements to follow the reconfigured property lines can be recorded. RECOMMENDATION Staff recommends approval of the easement vacation and the acceptance of the new easements. ACTION REQUESTED Motion to adopt the Resolution vacating existing drainage and utility easements and accepting the new easements, all as depicted on the legal description and easement sketch. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX A RESOLUTION VACATING A PERMANENT DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the City of Stillwater, with a majority vote of its members, the City Council may vacate any street, alley, public grounds, public way or any part thereof within the City by Resolution; and WHEREAS, the owner of certain real property located at 201 Olive Street West and 211 Olive Street West, Stillwater, Minnesota, legally described on the attached Exhibit A ("Property"), petitioned to vacate the Permanent Drainage and Utility Easement recorded on March 29, 2022 as Document No. 4365230; and WHEREAS, a notice of a public hearing on said vacation was duly published and posted in accordance with applicable Minnesota Statutes and a public hearing was held on said vacation at the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota; and WHEREAS, the City Council of Stillwater then proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacation; and WHEREAS, the City Council of Stillwater has determined that the vacation would be in the public interest. NOW, THEREFORE, BE IT RESOLVED, by City Council of the City of Stillwater: 1. That pursuant to Minn. Stat. § 412.851, hereby vacates the Permanent Drainage and Utility Easement recorded on March 29, 2022 as Document No. 4365230 over the Property, located at 201 Olive Street West and 211 Olive Street West, Stillwater, Minnesota, legally described on the attached Exhibit A. 2. That said vacation has no relationship to the City's Comprehensive Plan and therefore the Stillwater Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd. 2, that may require the Stillwater Planning Commission to perform a Comprehensive Plan compliance review of said vacation that may constitute a disposal of real property pursuant to § 462.356, Subd. 2. 3. That said notice of vacation shall be recorded prior to but simultaneously with the recording of the required new easements associated with the lot line reconfiguration. 4. That the City Clerk shall record this Resolution and take any other actions deemed necessary to reflect the completion of the proceedings herein. Adopted by the Stillwater City Council this 20th day of August, 2024 CITY OF STILLWATER Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property located in the City of Stillwater, County of Washington, State of Minnesota described as follows: All that part of Lots One (1) and Two (2), Block Thirty-three (33), Original Town, now City of Stillwater, described as follows, to -wit: Beginning at the Northeast comer of said Block Thirty-three (33), and running thence west along the north line of said Block, One Hundred Fifty and seventy-two hundredths (150.72) feet to the northwest comer of said Lot One (1), thence south along the west line of said Lots One (1) and Two (2), Ninety-five (95) feet to an iron pipe monument, thence east on a line parallel to said north line of said Block, One Hundred fifty and seventy-two hundredths (150.72) feet to an iron pipe monument set on the east line of said Block, thence north along said east line Ninety-five (95) feet to the point of beginning. All of the same lying and being in the City of Stillwater, County of Washington, State of Minnesota. Abstract Property P I D: 28.030.20.42.0121 A-1 City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION RESCINDING, TERMINATING AND RELEASING A VARIANCE PERTAINING TO REAL PROPERTY IN THE CITY OF STILLWATER, MINNESOTA WHEREAS, the City granted a variance on June 10, 2021 on certain real property which was recorded on June 16, 2021 as Document No. 4318749 in the office of the Washington County Recorder ("Variance"); and WHEREAS, the real property upon which the Variance was recorded is now legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, the City desires to rescind, terminate and release the Variance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that the Variance on Document No. 4318749 is hereby rescinded, terminated and released and is no longer in force or effect. Adopted by the Stillwater City Council this day of August, 2024. CITY OF STILLWATER Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real Property located in the City of Stillwater, Washington County, Minnesota, described as follows: Parcel A: Lots 1, 2, and 3, Block 33, Original Town, now City of Stillwater, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota, EXCEPT the south 80.00 feet thereof. Abstract Property P I D: 28.030.20.43.0126 Parcel B: The south 80 feet of Lots 1, 2 and 3, Block 33, Original Town, now City of Stillwater, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota. Abstract Property P I D: 28.030.20.43.0125 PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT ("Easement") is made, granted and conveyed this day of , 2024, by and between Robert Wagner, a single person ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City requires a Permanent Drainage and Utility Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, the following: PERMANENT DRAINAGE AND UTILITY EASEMENT DESCRIPTION Landowner does hereby grant and convey unto the City, its successors and assigns, the following: A permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, any utilities, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities any utilities, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of Landowner's Property described on Exhibit A, the Permanent Easement Area described on Exhibit B and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. 2 This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [The remainder of this page has been intentionally left blank.] IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER Ted Kozlowski Mayor Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2024, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 0 LANDOWNER: ROBERT WAGNER By: Robert Wagner STATE OF MINNESOTA ) COUNTY OF ss. The foregoing instrument was acknowledged before me on day of &UST 2024 by Robert Wagner, a single person. TIM MZLA;ILLNobkMlmNONwonat,M This instrument drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Nota4Puc 5 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Parcel A: Lots 1, 2, and 3, Block 33, Original Town, now City of Stillwater, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota, EXCEPT the south 80.00 feet thereof. Abstract Property PID: 28.030.20.43.0126 Parcel B: The south 80 feet of Lots 1, 2 and 3, Block 33, Original Town, now City of Stillwater, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota. Abstract Property PID: 28.030.20.43.0125 A-1 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA Parcel A: An easement for Drainage and Utility purposes over under and across that part of the following described parcel of land: Lots 1, 2 and 3, Block 33, Original Town, now City of Stillwater, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota, EXCEPT the south 80.00 feet thereof. said easement is described as being: 1. the southerly 5.00 feet thereof, 2. the westerly 5.00 feet thereof; 3. the northerly 10.00 feet thereof adjacent to West Olive Street; 4. the easterly 10.00 feet thereof adjacent to South Fourth Street. Parcel R. An easement for Drainage and Utility purposes over under and across that part of the following described parcel of land: The south 80 feet of Lots 1, 2 and 3, Block 33, Original Town, now City of Stillwater, according to Myron Shepard's Perfected Plat of the City of Stillwater, dated May 31, 1878, on file and of record in the Office of the County Recorder of Washington County, Minnesota. said easement is described as being: 1. the southerly 15.00 feet thereof, 2. the westerly 5.00 feet thereof; 3. the northerly 5.00 feet thereof, 4. the easterly 10.00 feet thereof adjacent to South Fourth Street. IM EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA j�DENOTES DRAINAGE& UTILITY EASEMENT 0 50 NORTH %7 CERTIFICATION' I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. NI L L. THURMES License. No. 25718 Date 6-4-24 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone cs5.89e9 danan@cssurvey net CORNERSTONE LANE> SURVEYING, INC C-1 �1 Water TH E B I RTH PLAC E O F M I N N E S OTA DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager SUBJECT: Case No. CD 2024-033: Manitou Fund Arts and Cultural Center at 601 Main Street North - Zoning Ordinance Text Amendment Second Reading and Conditional Use Permit DISCUSSION The purpose of this Case is to consider the approval of the Second Reading of the Ordinance Text Amendment to Section 28-236 Allowable uses in nonresidential districts and consider approval of two Conditional Use Permits per the Zoning Code Amendment request. The City has received multiple applications as part of this request. The Applicant ("Manitou Fund") and representative for the Property Owner ("Manitou Fund STLW LLC") is seeking the following: 1. Zoning Text Amendment a. Add proposed uses as a Conditional Use 2. Two Conditional Use Permits a. Per the above Zoning Code Amendment, approve Conditional Use Permits A copy of the Staff Report to the Planning Commission includes specific details about the proposal. However, while the proposal is generally compliant with district standards for the Central Business District Standards, Staff is highlight the following considerations as they pertain to the proposed use. Parking Standards. - The site currently contains 51 parking spaces, including four accessible spots. The proposed use appears to meet the City's minimum current parking standards. The Parking Calculations are as follows: Use Required Parking Provided Parking Elementary School 27 51 Theater 42 51 The applicant notes that the current parking number will be appropriate for the use based on the proposed scheduling and use of the space. The applicant does not anticipate having each of the 9 multipurpose rooms used concurrently and anticipates that daily parking will be less than the current use as River Grove School based on number of students. That said, staff is recommending a condition of approval that requires that classes not be held at the same time as performances. The Applicant also states that for larger events and performances the parking will be supplemented with offsite parking, noting this is similar to what was approved with the Zephyr Theatre prior to 2023. Due to unknown class size, schedule and event frequency's, staff suggests that as a condition of approval if the south lot does not meet the needs as determined by the Community Development Director, the Applicant shall provide for an alternative off -site parking plan. Parking Lease Agreement: The Property Owner is currently in a lease agreement with the City to allow the use of the City parking lot north of the Property for temporary (less than 24 hours) parking related to school activities between 5.00 AM to 5.00 PM. Staff is making this note to serve as reminder that the current agreement does not extend into evening hours should the applicant plan on utilizing this area for any event parking scheduled after 5.00 PM. Simply put, they would be unable to block the north lot during evening hours based on the current agreement. FINDINGS AND RECOMMENDATION Zoning Text Amendment The proposed request appears to compliment the Central Business District and continues to meet goals outlined in the Comprehensive Plan. These include promoting mixed use development in the downtown area and supporting downtown as an arts and cultural activities destination. Conditional Use Permits In approving a Conditional Use Permit, the City must adopt the following findings. • The proposed structure or use conforms to the requirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations • Any additional conditions necessary for the public interest have been imposed • The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community Staff finds that should the text amendment be approved; the proposed use will meet the findings outlined in this report. Further, the proposed use continues to meet the required performance standards outlined in City Code required for development in this Zoning District. RECOMMENDATION The Planning Commission recommends approval of the request. ACTION REQUESTED Motion to approve the Second Reading of the Ordinance Text Amendment, amending Section 28-236 for the Manitou Fund Arts and Cultural Event Center. Motion to adopt the Resolution terminating the PC2023 -19 Interim Use Permit and Granting a Conditional Use Permit for an Arts and Cultural Event Center. City of Stillwater Washington County, Minnesota ORDINANCE 1217 AN ORDINANCE AMENDING CITY CODE CHAPTER 28, SECTION 28-236 CENTRAL BUSINESS DISTRICT ALLOWABLE USES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT Chapter 28, Article III, Division 3, Section 28-236 of the City Code, Allowable Uses in Non -Residential Districts — Institutional, is hereby amended as follows: F ALLOWABLE ZONING DISTRICTS USES CA CBD VC BP-C BP- BP -I CRD PA PW PROS HMU NC O FD Libraries, art CUP CUP CUP CUP galleries, theaters for the — performing oarts, and other such cultural facilities _vent Centers u SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The Ordinance amendment adds the uses of "Libraries, art galleries, theaters for the performing arts, and other such cultural facilities" and "Event Centers" to be allowed by conditional use permit within the Central Business District (CBD). SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 20th day of August, 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Michael Polehna, Vice Mayor City of Stillwater Washington County, Minnesota RESOLUTION 2024- TERMINATION OF RESOLUTION PC2023-19 FOR AN INTERIM USE PERMIT FOR A K-6 SCHOOL AT 601 MAIN STREET NORTH _►C GRANTING A CONDITIONAL USE PERMIT FOR A CULTURAL FACILITY (LIBRARY, ART GALLERY, AND THEATER FOR PERFORMING ARTS) AND A CONDITIONAL USE PERMIT FOR AN EVENT CENTER AT 601 MAIN STREET NORTH WHEREAS, the Manitou Fund received an Interim Use Permit ("IUP") pursuant to Resolution PC2023-19 to operate a K-6 School at 601 Main Street North, legally described on Exhibit A (the "Property"), which was coterminous with the lease with River Grove School; and WHEREAS, the lease with River Grove School was terminated effective at the end of the 2024 school year, thereby terminating the Interim Use Permit; and WHEREAS, the City of Stillwater has now received a Conditional Use Permit application from Manitou Fund ("Applicant") on behalf of Manitou Fund STLW LLC ("Property Owner") for the Property to be used as a Cultural Center and an Event Center; and WHEREAS, on July 24, 2024, the Planning Commission for the City of Stillwater considered the Conditional Use Permit and held a public hearing and took testimony from the public. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby RECOMMENDS APPROVAL OF the Conditional Use Permits allowing a Cultural Center and an Event Center, subject to the following: FINDINGS OF FACT 1. Based on the plans, proposals and applications submitted, as well as the conditions imposed herein, the proposed use conforms to the requirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations. 2. Any additional conditions necessary for the public interest have been imposed. 3. The use will not constitute a nuisance or be detrimental to the public welfare of the community. CONDITIONS OF APPROVAL 1. A zoning text amendment allowing "Libraries, art galleries, theaters for performing arts, events, and other such cultural facilities" and "Event Centers" in the CBD (Central Business) district as conditional uses must be approved and adopted by the City Council. 2. A sign permit must be reviewed and approved by City Staff for any signage on building or property. 3. The planning resolution CD 2023-21 (IUP for River Grove School) previously approved for the Property by the City must be rescinded and terminated by the City Council. 4. Events must be carefully planned so as not to exceed parking capacity and if the south lot does not meet the needs as determined by the Community Development Director, the Property Owner shall provide for an alternative off -site parking plan. 5. Pursuant to a Parking Lease Agreement that was entered into between the City and the Manitou Fund on September 6, 2023, the north parking lot may be utilized for purposes of the operations of the uses contemplated herein, however, the exclusive use of the north parking lot is limited to 5:00 a.m. to 5:00 p.m., as provided in the Parking Lease Agreement 6. The Property shall be properly maintained, free of refuse, garbage and debris. 7. Exterior lighting shall be for security purposes and shall be downcast in style. 8. All plans shall be reviewed and approved by applicable fire and building inspection personal prior to issuance of permit. 9. An event permit and/or Interim Use Permit must be applied for and issued prior to any outdoor event on the Property. 10.All changes to the approved plans shall be reviewed and approved by the Community Development Director. Any major changes will need to be approve by the Planning Commission or Heritage Preservation Commission. Adopted by the City Council this 20t" day of August, 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Michael Polehna, Vice Mayor 2 1 W:/:I 13 k r_1 Legal Description of the Applicant's Property Situs Address: 601 Main Street North Torrens Property Type W-1=2 11OW11 11911001151iQ1111CR Parcel A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the "ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21, 1878"; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East along a line hereinafter referred to as "Line A" 18 feet to the point of beginning of the parcel being described; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence northeasterly 209.25 feet along a nontangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes 28 seconds West along said easterly line 635.47 feet; thence southerly 18.56 feet along said easterly line on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees 22 minutes 12 seconds, to said northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said northerly line 26.15 feet, more or less, to a point 124.00 feet easterly, as measured along said northerly line from said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds West along said easterly line of Tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said centerline 84.25 feet, more or less, to the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles, of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before described "Line A"; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to the point of beginning. Parcel B: TRACT A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21, 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet to the point of beginning of the parcel being described; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 577.57 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 feet and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence northerly along said easterly line of Tract 2 to the most northerly corner thereof; thence southerly along the westerly line of said Tract 2 to the point of beginning; which lies westerly of a line run parallel with and distant 18 feet easterly of the westerly line of Tract A hereinbefore described, and southerly of a line run parallel with and distant 447.07 feet northerly of the southerly line of said Tract A. Subject to a right of Way to the Northern Pacific Railway Company, fourteen (14) feet in width, seven (7) feet on each side of the centerline of the spure tack of the Northern Pacific Railway Company, running to the Minnesota State Prison, as now located and constructed and more particularly delineated on the map attached to the Deed of the Northern Pacific Railway Company to the Northwest Thresher Company, dated September 8th, 1902, and recorded in the Office of the Register of Deeds in and for said Washington County, on the 6th Day of November, 1902, in Book 55 of Deeds, Page 267; Subject also to the Standard Oil Company, a corporation of the State of Indiana, its successors or assigns, the right to maintain, use, repair and renew that certain oil pipeline across the South Fifty (50) feet of that part of Lot Nine (9), in Block Seven (7), of Carli and Schulenburg's Addition to Stillwater, lying between the East line of North Main Street extension and the West line of the Northern Pacific Railway Company's right of way. Subject to a right of way to the Northern Pacific Railway Company across that part of said Tract No. 2, lying in front and East of Block Nine (9) and Cherry Street vacated, if extended Easterly, in the Original Town (now City) of Stillwater, for one railway track from the main line of said Railway Company to the property of the Stillwater Manufacturing Company, said right of way being Fourteen (14) feet in width, Seven (7) feet on each side of the center line of said Railway Track, as now located and shown on the Map marked "Exhibit B". Ell x ui , 1 '1 Ami� 1 1 1 1 1 1 I 1 1 1 r, 1 i J I I 1 1 1 I 1 r �I Wate_ The Birthplace of Minnesota J N WE S Site Location 601 Main St N 0 62.5 125 250 Feet �1 water T H E B I R T H P L A C E OF MINNESOTA DATE: July 24, 2024 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Planning Manager SUBJECT: Case No. CD 2024-033: Conditional Use Permit and Zoning Text Amendment at 601 Main Street North DISCUSSION The Applicant ("Manitou Fund") and representative for the Property Owner ("Manitou Fund STLW LLC") is seeking the following: 1. Zoning Text Amendment a. Add proposed usesdps a Condit al Use 2. Two Conditional Use Per s a. Per the above Zonin e rat, approve Conditional Use Permits L 1W Zoning Text Amendment The Zoning Text Amendment to Section 28-236 (Allowable #es in nonresidential districts) would allow "Libraries, art galleries, theaters, for the performing arts, and other such cultural facilities" as a Conditional Use in the Central Business District (CBD). Due to the proposed uses and lack of clear language in the existing code, staff is also recommending the addition of "Event Center" to Section-236 as a separate Use listed in Code, as the Use proposed by the applicant involves hosting events on the Property and there is no current "Event Center" use listed in the Zoning Code. Conditional Use Permit As part of this request, the applicant is also seeking two Conditional Use Permits for Libraries, art galleries, theaters for performing arts, and other such cultural facilities and an Event center to operate a Cultural Arts Center at 601 Main Street North (the "Property"). The proposed Project Site is located in the Central Business District (CBD), Downtown Stillwater Design Review District, and Historic Height Overlay District. The Property is approximately 1.57 acres in size containing what was formerly the Zephyr Theatre. Background on Proposed Use In 2023, the property received Design Approval for an exterior remodel and an Interim Use Permit to allow the building to operate as a K-6 Public Charter School. While work was being completed for the remodel, the K-6 Charter School was able to return to its place -based location creating an opening for the Manitou Fund to review alternative uses for the Property. The proposed use is generally described by the applicant as an "Arts and Cultural Center". The Center will be active weekday evenings, weekends and weekday daytime hours during the summer. The applicant proposes the following uses as part of the request: • Offer a variety of educational arts programming for all ages, specific courses based on availability and interest. • Host performing art space to host shows by artists and art organizations, generally in the evenings. Frequency of such performances will be based on interest and artist availability. • Host events such as fundraising and receptions related to performances or visual art gallery shows. As this report outlines, the proposed use as an Arts and Cultural Event/Education Center is not currently allowable in the Central business District. The City has multiple tools to allow the use, which are being applied for by the Applicant as part of this request, but the City has discretion on the final decision. PART I: ZONING TEXT AMNDMENT ANALYSIS Land Use/Planning and Zoning Information Comprehensive Plan Designation Downtown Mixed Use Zoning District Central Business District Overlay Zoning District Downtown Historic Design Review District Downtown Mixed Use — 2040 Comprehensive Plan Per the 2040 Comprehensive Plan, the Downtown area has been historically guided for commercial land use but developed as Mixed Use. The Downtown Mixed -Use designation was created to more accurately reflect the evolving nature of the area. The primary goal for this land use is to foster an area that offers regional and local communities a range of residential and commercial uses that prioritizes public spaces. CBD. Central Business District The general purpose of the Central Business District is to provide a district for general commercial, office, and entertainment uses. The district has historically consisted of a variety of uses, such as food service, hospitality, residential, institutional, commercial, and quasi -public space. Downtown Design Review District The Downtown Design Review District was created with the goal of promoting safe and complementary development that would also enhance and retain the historic rivertown image of the City. Generally, any new development and work done to existing development are subject to design approval review. The Design Review process applies to any structures located in the district area not just historic to ensure these goals are met. PART II: CONDITIONAL USE PERMIT/SITE PLAN REVIEW ANALYSIS Bulk Standards. - The applicant is not proposing any exterior changes associated with this project. The current changes have been approved as part of Case CD2023-21. General Performance Standards The project does not propose changes to previously approved landscaping, exterior lighting, and trash container location. These standards help to curb possible future nuisances. In this instance, the current activity on site is compliant and the proposed use does not change these exterior conditions. Parking Standards. - The site currently contains 51 parking spaces, including four accessible spots. The proposed use appears to meet the City's minimum current parking standards. The Parking Calculations are as follows: Use Required Parking Provided Parking Elementary School 27 51 Theater 42 51 The applicant notes that the current parking number will be appropriate for the use based on the proposed scheduling and use of the space. The applicant does not anticipate having each of the 9 multipurpose rooms used concurrently and anticipates that daily parking will be less than the current use as River Grove School based on number of students. That said, staff is recommending a condition of approval that requires that classes not be held at the same time as performances. The Applicant also states that for larger events and performances the parking will be supplemented with offsite parking, noting this is similar to what was approved with the Zephyr Theatre prior to 2023. The applicant anticipates future events having similar parking and traffic patterns to these previous outdoor events. Staff agrees that due to the varied use of the property and what would appear to be a less regularly used parking lot that the current site is adequately sized for parking. Due to unknown class size, schedule and event frequency's, staff suggests that as a condition of approval if the south lot does not meet the needs as determined by the Community Development Director, the Applicant shall provide for an alternative off -site parking plan. Parking Lease Agreement: The Property Owner is currently in a lease agreement with the City to allow the use of the City parking lot north of the Property for temporary (less than 24 hours) parking related to school activities between 5.00 AM to 5.00 PM. Staff is making this note to serve as reminder that the current agreement does not extend into evening hours should the applicant plan on utilizing this area for any event parking scheduled after 5.00 PM. Simply put, they would be unable to block the north lot during evening hours based on the current agreement. Traffic Circulation. A traffic study was conducted as part of the Interim Use Permit approval relating to the River Grove School. The findings identified the student drop off and pick up times as peak stacking conflicts. The proposed use will not be operating in same capacity and is not anticipated to use standard student drop off or pick up times. Staff finds the current traffic circulation to be adequate for art classes and gallery viewing. Design Standards: The request does not include any proposed exterior alternations therefore design review is not needed for this proposal. As noted above, the Heritage Preservation Commission reviewed and approved alternations related to River Grove School in 2023 that have since been completed. When reviewing for compatibility with neighboring uses and zoning districts staff finds that the proposed use compliments both the neighboring commercial uses and medium to high density residential uses. With previous uses on the Property, noise from outdoor events has been the primary concern, other than traffic and parking. Prior to the change from the Zephyr Theatre to River Grove School, the use of amplified sound during outdoor productions was a primary complaint. However, many of those concerns were mitigated through better sound systems and event management. The same standards are required to continue for any proposed outdoor performance as part of this use. FINDINGS AND RECCOMMENDATION Zoning Text Amendment Historically, the Central Business District has developedl a regional and local hub providing various commercial, institutional, and entertainment uses. The proposed request appears to compliment the Central Business District and continues to meet goals outlined in the Comprehensive Plan. These include promoting mixed use development in the downtown area and supporting downtown as an arts and cultural activities destination. Conditional Use Permits In approving a Conditional Use Permit, the City must adopt the following findings. • The proposed structure or use conforms to the requirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations • Any additional conditions necessary for the public interest have been imposed • The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community Staff finds that should the text amendment be approved; the proposed use will meet the findings outlined in this report. Further, the proposed use continues to meet the required performance standards outlined in City Code required for development in this Zoning District. Staff recommends that the Planning Commission recommend approval of the attached ordinance amendment to Section 28-236 and the conditional use permits to the City Council. ACTIONS REQUESTED 1. Motion to recommend approval of the attached ordinance amendment to Section 28-236 non-residential districts use table and associated conditional use permits to the City Council. 41 DORSEY HORSEY-WHITNEY LLP BRIAN B. BELL Partner; Local Department Head Regulatory Affairs (612)492-6178 FAX (612) 677-3259 bell.brian@dorsey.com June 25, 2024 VIA ELECTRONIC MAIL Stillwater City Council c/o Tim Gladhill 216 4th Street North Stillwater, MN 55082 Re: Zoning Text Amendment and Conditional Use Permit Application for 601 Main Street North Dear Council Members: Enclosed please find Manitou Fund's application for a zoning amendment and a conditional use permit (CUP) to allow Manitou Fund to operate Manitou Fund Education and Arts Center (Arts Center) at 601 Main Street North (the Property) previously used by the Marine Area Community School d/b/a River Grove (River Grove or the School) and, prior to that, Only a Dim Image Productions d/b/a The Zephyr Theatre (Zephyr Theatre). Manitou Fund is seeking: (1) a zoning amendment to add "libraries, art galleries, theaters for the performing arts, and other such cultural facilities" as a conditional use within the Central Business District (CBD) and (2) a CUP as a "cultural facility" for its planned Arts Center. The zoning amendment and CUP are both consistent with Stillwater's Comprehensive Plan (Comp. Plan) and are in the public interest. The new Arts Center will enrich the cultural life of the City of Stillwater (City or Stillwater), and the proposed uses of the Property fit with the City's vision for its downtown. I. Background A. Historical Use The Property was originally a train depot and more recently served as home to the Zephyr Theatre. The Property is located along the eastside of North Main Street. There are 51 parking spaces at the Property, four of which are accessible. In 2023, Manitou Fund bought the Property from the Zephyr Theatre to temporarily house River Grove at the Property and eventually host the Arts Center. River Grove's previous landlord had declined to renew the School's lease in the former Wilder Forest in May Township (Forest). To allow River Grove to operate at the Property, Manitou Fund applied for and received an interim use permit (IUP) from the City. After remodeling was complete, River Grove moved to the Property for approximately six months. 50 South Sixth Street I Suite 1500 I Minneapolis, MN 155402-1498 I T 612.340.2600 I F 612.340.2868 I dorsey.com 4892-1505-2233\2 DORSEY City of Stillwater June 25, 2024 Page 2 In the interim, Manitou Fund was unexpectedly presented with the opportunity to purchase the Forest. River Grove's long-term plans were always to return its place -based, environmental education to a more natural setting. Manitou Fund's purchase of the Forest gave River Grove the opportunity to return to the School's former location. Accordingly, River Grove vacated the Property sooner than anticipated. B. Proposed Use Manitou Fund is turning its attention to longer -term plans for the Property. Manitou Fund is a nonprofit corporation and private foundation based in White Bear Lake, Minnesota. Manitou Fund is proposing that the Property serve as the location for a center for the visual and performing arts. The Arts Center would host arts classes and occasionally serve as a venue for art exhibitions, concerts, dance performances, plays, or other types of performances. As the Arts Center, the Property would have nine multipurpose rooms. These rooms could be used for various purposes; however, Manitou Fund anticipates that they would most typically be used as instructional spaces for visual and performing arts classes. In addition, the Arts Center will have staff office areas, restrooms, a reception area, a food preparation room, and a multi -purpose performance area with seating for up to approximately 130 individuals. Figure 1 generally depicts the layout and furniture plan for the Property. 4892-1505-2233\2 DORSEY City of Stillwater June 25, 2024 Page 3 ....■■■.....■. II Figure 1 • Although there will be nine multipurpose rooms, Manitou Fund does not anticipate having them all used concurrently. As a result, there will generally be significantly fewer students at the Property than was the case during the months when the Property housed the River Grove. Multipurpose rooms could also be used on occasion as temporary gallery spaces to showcase the work of students or local artists. Manitou Fund anticipates that the Arts Center would sometimes simultaneously host multiple classes taking place in different rooms. The Arts Center will be most active weekday evenings, weekends, and weekday daytime hours in the summer months. The specific classes offered will depend on the interest and availability of local artists and teachers as well as demand from students. Manitou Fund will seek to have a variety of educational arts programming aimed at both adults and children. Manitou Fund plans to use the performance arts space to host shows by performing artists and arts organizations. Such performances will typically be scheduled for evenings, 4892-1505-2233\2 DORSEY City of Stillwater June 25, 2024 Page 4 though some matinee shows are possible, particularly on weekend days. The precise frequency of such performances will depend on the interest from performance artists and arts groups, and time of year. The performances hosted at the venue could include recitals showcasing the progress of students who take classes at the Art Center. The Arts Center may have its own on -site staff who would work out of the office space depicted in Figure 1 above. Manitou Fund also plans on using the Property to host both fundraising events and receptions related to performances or visual arts gallery shows at the Arts Center. The Property's own parking lot should be sufficient for persons visiting the Art Center most of the time. There may, however, be occasions when visitors to the Art Center would also need to park elsewhere, such as in the City's existing public parking lots. Offsite parking would be most likely to occur in connection with performance events. It should be noted that the impact of such performances would be similar to that of the Zephyr Theatre, which successfully occupied for the same Property until 2023. C. Current Zoning The Property is along North Main Street on the farthest northern edge of the CBD. See Figure 2. Within the CBD, allowed uses include "Schools and studios for arts and crafts, photography, music, dance." City of Stillwater, Minn., Code of Ordinances, § 28-236. Although that permission encompasses many of the uses planned for the Arts Center, Manitou Fund seeks to clarify that performances and exhibitions are appropriate at the Arts Center. "Libraries, art galleries, theaters for the performing arts, and other such cultural facilities" are not currently a permitted or conditional use in CBD. Id. The Arts Center will undoubtedly be a "cultural facility" and will on occasion serve as a theater or art gallery. The Property is also within the Downtown Design Review District. Design review is not implicated because Manitou Fund is proposing no new construction or alterations to existing structures as part of this Application. Code of Ordinances § 28-300(3). Manitou Fund, however, encloses the most recent building and site plans for informational purposes. 4892-1505-2233\2 DORSEY City of Stillwater June 25, 2024 Page 5 Figure 2 CBD: Centra► Business District ' RB: Two -Family O The Property 1 1 r Residential After consulting with City staff, Manitou Fund determined to seek an amendment to the zoning code to allow "Libraries, art galleries, theaters for the performing arts, and other such cultural facilities" as a conditional use in the CBD and simultaneously apply for the CUP. This proposed amendment to the zoning code and CUP are consistent with the City's Comp. Plan. The Comp. Plan's Future Land Use Plan designates the Property as Downtown Mixed Use. Stillwater, Minn., 2040 Comprehensive Plan, fig. 2.11. The Downtown Mixed Use designation allows for commercial and residential land uses. Id. at 2-23. II. Discussion The City should approve the zoning amendment because it is consistent with the public interest and furthers the Comp. Plan's goals of making downtown a center for arts and entertainment. The City should also grant the CUP because the Property can accommodate the Arts Center without negatively impacting neighboring properties. 4892-1505-2233\2 DORSEY City of Stillwater June 25, 2024 Page 6 A. Approving the Zoning Amendment Is Consistent with the Comp. Plan and Public Interest. The City has already resolved to support downtown as a destination for arts and culture in its Comp Plan. Changing the zoning to allow for "libraries, art galleries, theaters for the performing arts, and other such cultural facilities" would make the zoning code consistent with the zoning Comp. Plan. Stillwater's downtown is discussed in Chapter 6 of the Comp. Plan. Notably, the Comp. Plan indicates that arts and culture have an important role to play in downtown Stillwater. One of the Comp. Plan value statements for downtown states: The arts are valued by the community. Downtown plays a significant role in the regional arts and culture scene. Both residents and visitors have abundant opportunities to engage with the arts, whether independently viewing a temporary or permanent artwork in the public landscape, participating in an arts activity, or attending a theater or music performance. Consistent with that value statement, the Comp. Plan also states that the City will, among other things, "[s]upport Downtown as a regional destination for arts and cultural activities." As the quoted passages demonstrate, the Comp. Plan anticipates that downtown will not just host arts education —as is already allowed in the CBD—but also serve as a home for arts performances and shows. Manitou Fund's proposed amendment would change the table in Section 28-236 of the Code of Ordinances so that "CUP" is inserted into the "CBD" column in the row labeled "Libraries, art galleries, theaters for the performing arts, and other such cultural facilities." See Figure 3. This change would allow for the possibility of arts facilities but give the City the discretion to consider appropriate conditions for such uses. 4892-1505-2233\2 DORSEY City of Stillwater June 25, 2024 Page 7 Figure 3 (Code of Ordinances § 28-236) Allowable Zoning Districts Uses CA CBD VC BP- BP- BP- CRD PA PWFD PROS HMU NC C O 1 Libraries, CUP CUP CUP CUP CUP art galleries, theaters for the performing arts, and other such cultural facilities The uses that the change would allow as a conditional use are similar to uses already allowed by within the CBD. Currently, commercial recreational uses, commercial recreational entertainment, and indoor commercial recreation are all conditional uses in the CBD. Those uses involve persons coming to a property to view or participate in an activity, perhaps as an audience member, and are thus quite similar to the impacts of art galleries, theaters, and cultural facilities. Indeed the Zephyr Theatre operated as a conditional use under the commercial recreational entertainment for years. B. The City Should Grant the CUP. Approving a CUP requires the City Council to find: (1) the use conforms to the requirements and the intent of the zoning code, the Comp. Plan, relevant area plans, and other lawful regulations; (2) "additional conditions necessary for the public interest have been imposed"; (3) the use "will not constitute a nuisance or be detrimental to the public welfare of the community." Code of Ordinances § 28-81(4). The CUP application satisfies all these requirements for issuance of a CUP: Granting the CUP is consistent with the City's zoning code and Comp Plan. Manitou Fund is willing to accept reasonable conditions on the CUP to further the public interest. And the Arts Center will not constitute a nuisance or be detrimental to the public welfare. For these reasons, the City should grant the CUP. The CUP Is Consistent with Zoning Regulations and the Comp. Plan. Granting a CUP for the proposed Arts Center would be consistent with both the past use of the Property and the City's own plans for the area. If the City grants the zoning amendment, "theaters for the performing arts, and other such cultural facilities" will be a conditional use in the CBD. Accordingly, granting the CUP would be consistent with the Zoning Code. The CUP is also consistent with the Comp Plan. As noted, the Comp Plan states the City will "Support 4892-1505-2233\2 DORSEY City of Stillwater June 25, 2024 Page 8 Downtown as a regional destination for arts and cultural activities." Comp. Plan at 6-55. The Arts Center furthers this goal by providing classes and performances for visual and performing arts. 2. Manitou Fund Is Willing to Accept Reasonable Conditions on the CUP. The CUP also serves the public interest. The City will benefit from the proposed Art Center. Adults and children from Stillwater and surrounding areas will have the opportunity to enrich their lives by studying the visual or performing arts, local artists and art teachers will have additional space in which to teach and perform, and year-round operation of the Art Center could increase visits to downtown during the otherwise relatively sparse winter months. For example, holiday-themed performances during December could bring visitors. Nevertheless, Manitou Fund is willing to accept reasonable conditions on the CUP as necessary for the public interest. For example, those conditions could include limits on hours of operation, prohibitions on unreasonably disturbing the peaceful enjoyment of adjacent properties and limiting the number of vehicles parked at the Property to the number of stripped spaces. Manitou Fund looks forward to discussing reasonable conditions with City staff, the Planning Commission, and the City Council. 3. The Arts Center Will Not Constitute a Nuisance. The Property successfully served as the home of the Zephyr Theatre for many years successfully hosting many plays and other programs. When the Arts Center hosts future performances or art exhibitions the traffic and parking patterns should be similar. The neighborhood has developed around the impacts of hosting performances, and the combination of the Property's own parking lots and municipal lots should be sufficient. During River Grove's tenancy, the Property was a place of employment for teachers, a school for children, and was visited by parents and guardians, particularly during the beginning and ending of the school day. In its capacity as a venue for arts education, the Art Center should have more modest impacts on traffic and parking than the School. Traffic to and from the Art Center will generally be more spread out based on the start and end times for individual classes and the number of students in the building at any one time should be less than was the case for the relevant portion of this prior school year. III. Conclusion Manitou Fund is excited to offer the new Arts Center as an amenity to Stillwater and the east metro 4892-1505-2233\2 DO R S EY City of Stillwater June 25, 2024 Page 9 not hesitate to contact me with any questions regarding K-tanitou Fund's application or the proposed Arts Center. Sincerely, DORSEY & WHITNEY LLP Brian B_ Bell Partner, Local Department Head Regulatory Affairs li:1101 cc: Stillwater Planning Commission Tim Gladhill, City Planner Oliver Din, Manitou Fund Zephyr Theatre 601 Main Street N, Stillwater, MN 55082 m MSRDesign -Ma,,—Avenue$O ht Suite 200 NOT FOR CONSTRUCTION PLANNING REVIEW SUBMITTAL APRIL 26, 2023 O1 LEVEL 1 EGRESS PLAN QN—E—Ul— Ll— IS DF OCCUPANT LOAD SUMMARY PER LEVEL I E E-N--- =—T 1 2=1 REQUIRED PLUMBING FIXTURES E 11 .1 ,es BUILDING CODE SUMMARY 1 211 N I PROVIDE. PLUMBING FIXTURES ...... N. T7- BUILDING CODE SYMBOLS KEV 21.= —E----ENT =N P" ----------- —.1-T.El—l—E—I.E. I--ff— [,,�q FIF] EXIT ACCESS PATH DISTANCE E 0. IR T —PT02— 'T= A.— EET - ------ --- O3 LEVEL 1 BUILDING AREA PLAN of UIUDINGAR- O4 LEVEL 2 BUILDING AREA PLAN GNSI 1— E— I T'--()— 1 1 . I �T --T I .. ... 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S C N e 3 N (0U) PLANNING REVIEW SUBMITTAL ISSUE /REVISION 0 u z BUILDING 0 ELEVATIONS a O o A201 z 1 _ LL_ EXISTING+DEMO- MAINSTREET k 3 EXISTING+DEMO -TRAIL SIDE DEMOLITION SYMBOLS LEGEND X7] 2 EXISTING+NEW - MAINSTREET 4 EXISTING+NEW - TRAIL SIDE EAST ELEVATION WEST ELEVATION NORTH ELEVATION 5 rMAIN STREET) G (TRAIL SIDE) 7 (PARKING SIDE) _ E SOUTH ELEVATION MSRDesignB13."5.0� MEYER BORGMAN JOHNSON VICTUS ENGINEERING MARKET & JOHNSON L i+ N W s Z� uZ c Q � m N (Du) PLANNING REVIEW SUBMITTAL ISSUE I REVISION z 0 H U F p EXTERIOR 3D U RS O o A202 z i water THE BIRTHPLACE OF MINNESOTA DATE: August 20, 2024 TO: Honorable Mayor and City Council FROM: Kori Land, City Attorney SUBJECT: Charter Amendments Sections 4.03 and 5.12 BACKGROUND We discussed two Charter amendments at the July 12 City Council meeting. The Charter Commission discussed the amendments and recommended approval, with a slight modification to Section 5.12. DISCUSSION Charter Section 4.03 Filinq for Office The City Council passed a Resolution on June 16, 1970, which requires the City of Stillwater to hold a primary if there are more than double the number of candidates than seats available for that office. (Resolution 4447 is attached) The Charter Commission recommends repealing the requirement to hold a primary. A primary is not required under regular election law, but Minnesota Statute, Section 205.065 allows cities the option to require a primary, which Stillwater did pursuant to Resolution 4447. According to Washington County, Stillwater is the only city in Washington County that requires a primary. The Charter Commission recommended repealing the primary election requirement on a vote of 8-1. The "no" vote believed that it is good democracy to have more elections, not fewer, and preferred narrowing down the list of candidates for the general election. If the Council supports the recommendation of the Charter Commission, the Council must rescind Resolution 4777 and the approve the ordinance amendment. ACTION REQUESTED: Approve the 1s'reading of the Ordinance Amending City Charter Section 4.03 Charter Section 5.12 Conflict of Interest; financial disclosure Charter Section of 5.12 requires that all Boards, Commission, Council members, certain members of Staff, as well as the City Attorney's office, complete a financial disclosure form. Here is the list of officials that must fill out the form: 1. Members of all Boards and Commissions 2. Elected officials 3. Department Heads 4. City Administrator 5. City Attorney (and all members of the firm) 6. Other The rationale behind the disclosures is to remind all of these "officials" that they cannot have a financial conflict in a matter that comes before them. It is important to remember that even if the City did not require a financial disclosure form, financial conflicts of interest are prohibited by law and are punishable by voiding the contract, by being removed from office and in some cases, by gross misdemeanor criminal charges. Anyone who has a potential conflict of interest is required to disclose it and not participate in the discussion or the vote. Regardless of the completion of the "form," this disclosure and abstention is required. The Charter Commission reviewed the list and recommended it be revised so that only the following elected or appointed city officials must complete the financial disclosure form: 1. Members of the Planning Commission and Heritage Preservation Commission 2. Elected and appointed Mayor and Council 3. Community Development Director 4. City Administrator Again, all city officials are still prohibited from having a financial conflict of interest, whether they are staff, a consultant, or a commission member. Removing them from the financial disclosure requirement does not excuse them from complying with state law. ACTION REQUESTED: Approve the 1st reading of the Ordinance Amending City Charter Section 5.12 Charter Amendments require a unanimous vote of the Council when they are approved for final reading. If the 1st reading is approved, notice will be published in the paper, and a public hearing will be held at the 2nd meeting in October. ATTACHMENTS Resolution 4447 — Primary Elections Charter Amendment Section 4.03 — Filing for Office Charter Amendment Section 5.12 — Conflicts of Interest 2 RESOLUTION NO. 4447 RESOLUTION FIXING DATE FOR CITY PRIMARY ELECTIONS. BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that nominees for city offices shall be chosen by a primary election system as provided by Chapter 205 Laws of State of Minnesota. Date of said primary election shall be the same as the date provided by state law for primary elections for state constitutional and legislative offices. This Resolution shall take effect upon the effective date of Ordinance No. 453 amending Article 4 of the City Charter of the City of Stillwater. Adopted by the City Council this 16th day of June, 1970. Published: June 25, 1970 Mayor Attest: City Clerk RESOLUTION NO. 4448 RESOLUTION DESIGNATING THROUGH STOP SIGN LOCATION IN THE CITY OF STILLWATER. BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following location be, and is hereby, designated as through stop sign location in the City of Stillwater: INTERSECTION STREET STOPPED West Olive Street & South Sixth Street Olive Street ( N. E. Corner) Adopted by the Council this 23rd day of June, 1970. Published: July 1. 1970 f Mayor Attest: 4 F / City Clerk i J i City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF STILLWATER SECTION 4.03, REGARDING FILING FOR OFFICE The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Charter Section 4.03 is hereby amended as follows: Any voters of the City qualified under the State Constitution for elective office may, by filing an affidavit and paying a filing fee to the City Clerk, have his or her name placed on the municipal nrimaFy ballet er if there io not a primary elen+inn the spa election ballot. The Council shall set the fee and dates by ordinance. SECTION 2 SAVING. In all other ways, the Stillwater City Charter shall remain in full force and effect. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of August, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF STILLWATER SECTION 5.12, SUBD. 3, REGARDING CONFLICT OF INTEREST AND FINANCIAL DISCLOSURES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Charter Section 5.12, Subd. 3, is hereby amended as follows: Subd. 3. Disclosure required. Within 30 days after April 30, 1999, and within 30 days after taking the oath of office and within 30 days after any change in a statement previously filed, each member of the Planning Commission, Heritage Preservation Commission he Community Development Director, the City Administrator, and elected or appointed members of City Council,effiEial_must file on forms approved by the City Council and obtained from the City Clerk: (1) With respect to real property, not including the official's homestead, located in the City: (a) The location of any property in which the official has or has had an interest within the previous three years. (b) The location of property in which the official knows his or her spouse or minor child to have a present interest or an interest within the previous three years; (c) The name of the person possessing each interest referred to in paragraphs (a) and (b) above; (d) The nature of each interest referred to in paragraphs (a) and (b) above. (2) With respect to any non -ownership business relationship the official has with any company, partnership, firm, corporation, labor union, association or other entity doing business with the City: (a) The name of any entity; (b) The title of each position held in connection with each entity; (c) Whether compensation is involved in connection with each position. (3) With respect to any ownership interest constituting more than five percent of the total ownership in any corporation, firm, partnership or other entity doing business with the City, indicate: (a) The name of the entity. (b) The type of ownership interest. SECTION 2 SAVING. In all other ways, the Stillwater City Charter shall remain in full force and effect. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of August, 2024. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor 2 Washington Board of Commissioners Fran Mixon, District 1 _ Chair, Stan Karwoski, District 2 ^� C011nty Gary Kriesel, District 3 Karla Bigham, District 4 BOARD AGENDA Michelle Clasen, District 5 August 20, 2024 - 9:00 AM All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the August 6, 2024, County Board meeting minutes. B. Approval to appoint Lori Tapani to a partial term on the Workforce Development Board as a Business Representative starting August 20, 2024, and expiring June 30, 2026. C. Approve revisions to Policy #1033 -Legal Notices Publication in County Newspaper. D. Approve use of 2023 countywide mission directed budget savings. E. Approve revisions to Outstanding Check Policy #2504. F. Approve revisions to Journal Entries Policy #2507. G. Approve revisions to Opening and Closing of Funds Policy #2802. H. Approve revisions to Revenue and Expenditure Object Codes and Definitions Policy #2901. I. Approve revisions to Procurement Policy #1202. J. Approval of the 2024 Community Corrections Comprehensive Plan. K. Adopt a resolution certifying to the county auditor special assessments for Property Assessed Clean Energy (PACE) project and order the county auditor to extend the assessment plus interest upon the property listed. 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 Washin ton g CountyConsent Calendar continued L. Approve an application to the 2025 Clean Water Fund Competitive Grant program for stormwater management improvements at Square Lake Park. M. Approve a Fiscal Year 2025 Clean Water Fund Competitive Grants application with South Washington Watershed District for erosion stabilization at St. Croix Bluffs Regional Park. N. Approve Change Order #5 on Contract #15648 with Axel H. Ohman, Inc. in the amount of $1,750 for an additional site mobilization to install slab -on -grade concrete around the Washington County -provided in -floor scale at the North Environmental Center. O. Approve Change Order #2 on Contract #15656 with Henkemeyer Coatings, Inc. in the amount of $3,112.20 for additional exterior flashing and weather barrier scopes based on field verified conditions for roof parapet details at the North Environmental Center. P. Approve Change Order #4 on Contract #15659 with Wenzel Plymouth Plumbing, LLC in the amount of $3,750.28 for revisions to plumbing fixture products per updated Washington County preferred manufacturer standards on the North Environmental Center. Q. Approve Change Order #3 on Contract #15673 with A.J. Moore Electric, Inc. in the amount of $14,759.93 for multiple electrical changes including the following work scope items: exit signs, attendant stations, site entry gates, and EV charging stations at the North Environmental Center. R. Approve Change Order #1 on Contract #15826 with Century Fence Company in the amount of $16,238 for site swing gates and tilt -up vertical pivot gates at the North Environmental Center. S. Approve Change Order #2 on Contract #15646 with RAM Construction Services of MN, LLC in the amount of $18,565 for additional waterproofing for the Historic Courthouse basement. T. Approve a grant agreement between the Metropolitan Council and Washington County for Park Modernization Grant SG-24P5-10-02 in the amount of $325,600 for improvements to the Hilltop Area at St. Croix Bluffs Regional Park. U. Approve a grant agreement between the Metropolitan Council and Washington County for Park Legacy Grant SG-24P4-10-01 in the amount of $1,429,662.31 for improvements to the Hilltop Area at St. Croix Bluffs Regional Park. V. Approve Contract No. 16618 with Mahtomedi Public Schools ISD 832 to continue providing school resource officer services to the school district. W. Approve Contract No. 16620 with Stillwater Area Public Schools ISD 834 to continue providing school resource officer services to the school district. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 4. 9:10 Public Works - Erin Clarkowski, Engineer II A. Approve a grant agreement between the Metropolitan Council and Washington County for Park Legacy Grant SG-23P4-10-01 in the amount of $1,053,680.96 for the installment of a new play structure at Lake Elmo Park Reserve. B. Approve a grant agreement between the Metropolitan Council and Washington County for Park Modernization Grant SG-24P5-10-01 in the amount of $700,000 for the installment of a new play structure at Lake Elmo Park Reserve. C. Approve Purchase Order No. 27353 in the amount of $1,094,824.37 with Midwest Playscapes for the Lake Elmo Park Reserve Swim Pond Play Area Project. 5. 9:30 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution authorizing a Joint Powers Agreement with Dakota, Olmsted, and St. Louis Counties for a 2025 Resident Survey. 6. 9:45 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull Board on committee activities, make comments on matters ofinterest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. 10:00 Board Correspondence 8. 10:00 Adjourn 9. 10:05 2025 Recommended Budget Workshops 10:05-10:50 A. Review the 2025 recommended budget for the Community Corrections Department. l 0:50-11:35 B. Review the 2025 recommended budget for the Community Services Department. 10. 11:35-11:55 Break 11. 12:00 2025 Recommended Budget Workshops continued 12:00-1:00 A. Review the 2025 recommended budget for the Department of Public Health & Environment and University of Minnesota Extension. 12. 1:00 Personnel Committee Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County BOARD WORKSHOPS August 13, 2024 - 9:00 AM 9:00 2025 Recommended Budget Workshops - Wayne Sandberg, Director 9:00 A. Review the recommended 2025 Public Works budget. Board of Commissioners Fran Mixon, District 1 Chair, Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 9:45 B. Review the recommended 2025 Washington County Regional Railroad Authority (WCRRA) and Gold Line budgets. 2. 10:30 Board Workshop with Public Health & Environment - Caleb Johnson, Senior Environmental Health Program Manager A. Review of local cannabis regulation duties and feedback on items to incorporate in a county retail cannabis registration ordinance. Please note: No official county business or votes will take place during Workshop Only meetings. 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