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HomeMy WebLinkAbout2024-09-03 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING September 3, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II.ROLL CALL III. OTHER BUSINESS 1.2025 Proposed Budget 2.2024 Stillwater Strategic Visioning Report IV.STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6.Finance Director 7.Interim Community Development Director – Chicken Coop Update 8.City Clerk 9. City Attorney 10. City Administrator 11.IT Manager 12. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII.ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX.RECOGNITIONS OR PRESENTATIONS 13.Stillwater Police Department Oath of Duty Presentation for Officer Daniel Peters 14.Certificates of Appreciation for Downtown Graffiti Clean-up 15. Certificate of Appreciation for Tim Gladhill, Community Development Director 16. Certificate of Appreciation for Katriona Molasky, Assistant Planner X.OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 17.August 20, 2024 Special Meeting and Regular Meeting Minutes 18.Payment of Bills 19.2024 Sidewalk Rehabilitation Project Declare Costs and Call for Hearing – Resolution 20.Ash Tree Replacement Planting Project Bid Award and Agreement 21. Energy Action Committee Appointments 22.Flexible Work Arrangement Policy Renewal – Resolution 23.Interim Community Development Director Appointment – Resolution 24.Laurel Street Retaining Wall Project Final Payment – Resolution 25.Lumberjack Landing Park Design Services Contract Amendment 26.Lumberjack Landing Aiple House Geotechnical Engineering Services Agreement (Stillwater ~~ """-,-' The Birthplace of Minnesota J No Change to Agenda Page 2 of 2 City Council Meeting Agenda September 3, 2024 27. Planning Services Agreement 28. St. Croix Valley Rec Center Roof Replacement Project Contract Agreement XII. PUBLIC HEARINGS – None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 29. Variance Appeal for 3393 Pioneer Place 30. Sale of General Obligation Capital Outlay Bonds, Series 2024A – Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Strategic Planning Summary September 3, 2024 City of Stillwater Vision Statement •Stillwater: The Premier City in All We Do. City of Stillwater Vision Components •Provide a positive customer service experience •Focus on technology upgrades •Balance historical preservation and new investment •Define, Measure and Maintain Ambitious standards for the city •Define tourism and events •An effective Economic Development strategy City of Stillwater Immediate Strategies and Priorities moving forward •Develop a plan to modernize technology •Increase frequency of City Council, Dept. Heads, and all staff meetings and events. •Diversification and stabilization of revenues – monitor and evaluate •Balance historical preservation and new investment •Communication strategy and staffing •Formalize proactive city-wide communication •Standardize logo, feel, look •City of Stillwater a voice of Stillwater •Create annual calendar of communications City of Stillwater Immediate Strategies and Priorities moving forward •Continue to evaluate the organization’s staffing model •Clearly define wants/needs •Plan for and fund Capital Projects •PFAs •Development infrastructure on 36 •Riverfront infrastructure •Cameras in downtown DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $1,101,275.46 has been sent to the Mayor and City Council Members to approve for payment. 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING September 3, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. 2025 Proposed Budget 2. 2024 Stillwater Strategic Visioning Report IV. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Interim Community Development Director – Chicken Coop Update 8. City Clerk 9. City Attorney 10. City Administrator 11. IT Manager 12. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 13. Stillwater Police Department Oath of Duty Presentation for Officer Daniel Peters 14. Certificates of Appreciation for Downtown Graffiti Clean-up 15. Certificate of Appreciation for Tim Gladhill, Community Development Director 16. Certificate of Appreciation for Katriona Molasky, Assistant Planner X. OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 17. August 20, 2024 Special Meeting and Regular Meeting Minutes 18. Payment of Bills 19. 2024 Sidewalk Rehabilitation Project Declare Costs and Call for Hearing – Resolution 20. Ash Tree Replacement Planting Project Bid Award and Agreement 21. Energy Action Committee Appointments 22. Flexible Work Arrangement Policy Renewal – Resolution 23. Interim Community Development Director Appointment – Resolution 24. Laurel Street Retaining Wall Project Final Payment – Resolution 25. Lumberjack Landing Park Design Services Contract Amendment 26. Lumberjack Landing Aiple House Geotechnical Engineering Services Agreement ~ ii/water ~, ~ Th e Birthplace of Minnesota J Page 2 of 2 City Council Meeting Agenda September 3, 2024 27. Planning Services Agreement 28. St. Croix Valley Rec Center Roof Replacement Project Contract Agreement XII. PUBLIC HEARINGS – None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 29. Variance Appeal for 3393 Pioneer Place 30. Sale of General Obligation Capital Outlay Bonds, Series 2024A – Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT DATE: TO: September 3, 2024 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 Administrative Services Director o Senior Building Official - TBD new CD Director 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, September 3rd at 4:30 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. 2025 Proposed Budget City of Stillwater – September 3, 2024 llwater THE BIRTHPLACE OF MINNESOTA-~ City of Stillwater Property Tax Levy Proposed 2025 vs Adopted 2024 2024  Adopted CITY‐WIDE LEVY 2025  Requested 2025  Proposed $ Increase % 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% $18,829,353 Totals $20,853,722 $20,293,007 $1,463,654 7.773% 2024  Adopted PARCEL‐SPECIFIC LEVY 2025  Requested 2025  Proposed $ Increase % Increase $41,800 WMO Tax Levy $41,800 $41,800 $0 0% c5til]water. -~ ~J ...................... :') City of Stillwater General Fund Operating Expenditures 2024 Adopted Expenditure Type 2025 Requested 2025 Proposed Variance $224,101 Mayor & Council $214,520 $214,520 ‐$9,581 $44,500 Elections $7,000 $7,000 ‐$37,500 $684,014 MIS Support Services $795,283 $769,374 $85,360 $614,976 Finance $626,440 $626,440 $11,464 $334,017 Human Resources $355,698 $355,698 $21,681 $830,809 Administration $985,220 $990,220 $159,411 $202,925 Legal/City Attorney $201,330 $201,330 ‐$1,595 $455,646 Plant/City Hall $539,989 $525,989 $70,343 $657,492 Community Development $725,010 $625,010 ‐$32,482 $5,659,484 Police $5,920,810 $5,897,504 $238,020 $2,838,677 Fire $2,960,330 $2,960,330 $121,653 $604,109 Inspections $702,090 $653,590 $49,481 $21,460 Emergency Management $22,385 $22,385 $925 $495,155 Engineering $520,065 $520,065 $24,910 $1,527,949 Street $1,639,321 $1,620,321 $92,372 $907,277 Unallocated $987,800 $967,800 $60,523 $16,102,591 Total Operating Expenditures $17,203,291 $16,957,576 $854,985 c5til]water. -~ ~J ...................... :') City of Stillwater General Fund Operating Revenues 2024 Adopted Revenue Type 2025 Requested 2025 Proposed Variance % of 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% 1,301,701 Intergovernmental 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% $16,102,591 Total Revenues $17,203,291 $16,918,576 815,985 $507,324 Local Government Aid (LGA) in General Fund 755,066 LGA for Capital Outlay $1,262,390 Total LGA c5til]water. -~ ~J ...................... :') City of Stillwater Property Tax Rate Proposed 2025 Notes: Property Tax Levy amount includes Water Management Organization (WMO) *2025 Taxable Tax Capacity numbers and fiscal disparity numbers are estimates from Washington County. Formula: Total City Property Tax Levy  City’s Taxable Tax Capacity = City Tax Rate Item Actual Pay 2024 Proposed Pay 2025 % Change Property Tax  Levy $18,871,153 $20,334,808 7.756% Fiscal Disparity Portion of Levy ‐$1,386,870 $1,393,812 0.501% City’s Portion of Levy =$17,484,283 $18,940,996 8.332% City’s Taxable  Tax  Capacity ÷ $37,482,748 $36,120,525 ‐3.634% City Tax  Rate =47.085% 52.438% 11.369%■ c5til]water. ':±# ... « ......... :\ City of Stillwater City Property Tax Rates Last 9 Years and Estimated 2025* (Rates include WMO) 0% 10% 20% 30% 40% 50% 60% 70% 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025* Year Rate 2016 57.425% 2017 57.322% 2018 53.790% 2019 54.629% 2020 53.814% 2021 52.265% 2022 51.924% 2023 49.146% 2024 47.085% 2025* 52.438% c5til]water. -~ ~J ...................... :') City of Stillwater Tax Impact-Residential 2025 Updated Proposed Actual Payable 2024 Proposed Payable 2025 From 2024 to 2025 Taxable  Market  Value Tax  Capacity City Tax  Rate City  Property  Tax Taxable  Market Value Tax  Capacity Proposed  City Tax  Rate City  Property  Tax Annual  Increase Monthly  Increase % Change $420,900 4,209 47.085% $1,981.81 $415,000 4,058 52.438%$2,127.93 $146.13 $12.18 7.4% $253,500 2,391 47.085% $1,125.80 $250,000 2,259 52.438%$1,184.57 $58.77 $4.90 5.2% $304,300 2,944 47.085% $1,386.18 $300,000 2,804 52.438%$1,470.36 $84.18 $7.01 6.1% $355,000 3,497 47.085% $1,646.56 $350,000 3,349 52.438%$1,756.15 $109.59 $9.13 6.7% $405,700 4,050 47.085%$1,906.94 $400,000 3,894 52.438%$2,041.94 $134.99 $11.25 7.1% Assumptions: 1.4% decrease in Market Value from 2024 to 2025 (Estimate from County) Information is based on Residential Homestead Properties Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature Median Value Home estimate $415,000 c5til]water. -~ ~J ...................... :') City of Stillwater Median Home Value Property Tax Breakdown - $415,000 SFH Annual Cost Monthly Cost Public Safety $740.15 $61.68  Debt Service $467.74 $38.98  General Government $405.72 $33.81  Library $175.98 $14.66  Parks $173.97 $14.50  Public Works $164.37 $13.70  TOTALS $2,127.93 $177.33  c5til]water. -~ ~J ...................... :') City of Stillwater Property Tax Levy Proposed 2025 CITY‐WIDE LEVY General Revenue Tax  Levy $15,803,605 Required Debt Service Tax  Levy $3,364,402 New Debt Service Tax  Levy $1,125,000 Total  Debt Service Levy $4,489,402 TOTAL CITY‐WIDE LEVY $20,293,007 Required Debt Service Tax Levy Amount G.O. Capital Outlay 2014A $478,213 G.O. Capital Outlay 2016A $240,660 G.O. Capital Outlay 2017A $173,129 G.O. Capital Outlay 2018A $477,978 G.O. Capital Outlay 2019A $428,662 G.O. Capital Outlay 2021A $402,675 G.O. Capital Outlay 2022A $578,130 G.O. Capital Outlay 2023A $584,955 Total $3,364,402 New Bond Issue to fund: 2024 Capital Improvement Projects $4,000,000 2025 Capital Improvement Projects $2,600,000 PARCEL ‐SPECIFIC LEVY WMO Levy $41,800 c5til]water. -~ ~J ...................... :') City of Stillwater New Positions Proposed - 2025 Department Position FTE Proposed General Operating Levy Impact General Operating Levy Increase % Building Inspections Senior Bld. Inspector /Contracted Service 1.0 $108,100 $108,100 0.73% Administration Administrative Services  Director  1.0 $169,900 $169,900 1.14% Police Department Upgrade two Sergeants 0 ~$18,000 ~$18,000 0.12% Police / Fire Patrol Officer / Firefighter 0 $130,000 $130,000 0.88% TOTALS 2.0 $426,000 $426,000 2.87%* Makeup for 50% of Public Safety Funds utilized in 2024 c5til]water. -~ ~J ...................... :') - City of Stillwater 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 ½ Police Officer & ½ Fire Fighter •$412,380 – Funds Remaining c5til]water. -~ ~J ...................... :') City of Stillwater Notable Line Items 2025 Operating Budget Department Purpose Requested Proposed 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 TOTALS $251,375 $245,000 c5til]water. -~ ~J ...................... :') City of Stillwater Where Does Your Property Tax Dollar Go? How the City spends each dollar it receives from the tax levy Public Safety: Police, Fire Building Inspections Emergency Management General Government: Mayor & City Council Elections, MIS Finance Administration, HR City Attorney Plant/City Hall Community Development Unallocated Parks Public Works: Engineering, Streets Library Public Safety 35¢ Debt Service 22¢General Government 19¢ Parks 8¢Public Works 8¢ Library 8¢ K 03040506 ~ I I ~, l •: (, .... _; .. ~ •.· I I \ City of Stillwater Public Safety - $61.68 per month •24/7/365 Police and Fire Protection Services •Fire Services - 2,409 Fire Department Calls in 2023 •Fire Suppression •BLS Medical Calls •Water/Ice Rescue •Fire Prevention •Police Services –Over 16,000 Police Department Calls in 2023 •Patrol •Investigations •Event Security, Crisis response, Emergency Management •Animal Control, School Resources Officer, Parking c5til]water. -~ ~J ...................... :') City of Stillwater Debt Service - $38.98 per month •Park and Trail Improvements – 40 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities •Street Improvements - 96 miles of street network, 3.3 miles improved 2023 •Building Improvements and Repair – City Hall/Police Department; Fire Station; Carnegie Library; Public Works. •Capital Equipment – IT infrastructure; Police Cars; Fire Trucks; Plow Trucks; etc. c5til]water. -~ ~J ...................... :') City of Stillwater General Government $33.81 per month •100+ City Council / Boards & Commission Meetings •Management of approximately $40 million annual budget •Management, filling, recruiting for 107 positions •Business Licensing, Elections •Maintenance of IT Infrastructure – cameras, computers, data, copiers, security, network •Community Development – Comp Plan, Planning, Zoning, Economic Development, Land Use, Code Enforcement •Auditing, Legal Services, Billing, Accounts Payable, Assessing c5til]water. -~ ~J ...................... :') City of Stillwater Parks $14.50 per month •Maintain Parks and Trails – 40 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities •Clearing trails •Mowing Parks (75 acres) •Event Permitting and Review •Maintaining Park equipment, playgrounds, benches, courts, bathrooms c5til]water. -~ ~J ...................... :') City of Stillwater Public Works $13.70 per month •Maintain 96 miles of roads •Snow and ice removal •Road Maintenance and repairs •Tree Trimming •Crack Sealing •Seal Coating •Painting Crosswalks •Pavement Markings •Sidewalks c5til]water. -~ ~J ...................... :') City of Stillwater Capital Outlay Department/Fund 2025 Requested 2025 Proposed 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 Parks $293,000 $376,000 Permanent Improvement $9,820,000 $8,750,000 TOTAL $12,581,118 $12,208,455 c5til]water. -~ ~J ...................... :') City of Stillwater Permanent Improvement Projects Proposed 2025 Proposed Projects Annual GO Debt State  Bonding Bill MSA Special  Assessments Park/Trail  Fund Capital  Fund Donations 2025  Budget TH 95 Entrance Monument $100,000 $100,000 Bridgeview Park ‐Bergstein Shoddy Mill $1,000,000 $1,000,000 Bridgeview Park (south area)$1,000,000 $1,000,000 Bridgeview Park (central lawn & trans dock)$600,000 $600,000 Lumberjack Landing $1,000,000 $200,000 $800,000 $2,000,000 CSAH 5 Road & Trail improvement (phase 3)$250,000 $250,000 Annual Street Improvement Project $980,000 $1,820,000 $2,800,000 St. Croix Center (south parking lot)$1,000,000 $1,000,000 TOTAL 1,080,000 $3,600,000 $250,000 $1,820,000 $200,000 $1,000,000 $800,000 $8,750,000 2025 Budget Impacts Maximum planned bonding is approximately $2,600,000. c5til]water. '":§= ... « ......... :\ City of Stillwater 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 c5til]water. -~ ~J ...................... :') City of Stillwater Discussion Items On Sale license fees Elected Officials Levy Options c5til]water. -~ ~J ...................... :') City of Stillwater SLIDE FROM 2023 (edited) Discussion Items – 16.9% = $3,375 City On Sale License Fee Woodbury $     10,000.00  Mendota Heights $        7,500.00  Maplewood $        7,000.00  Cottage Grove $        6,000.00  Oakdale $        5,000.00  Anoka $        5,000.00  St. Paul $        4,964.00  Ham Lake $        4,600.00  Hastings $        4,200.00  Oak Park Heights $        4,103.00  Vadnais Heights $        3,300.00  White Bear Lake $        3,200.00  Mahtomedi $        3,200.00  Forest Lake $        3,000.00  Stillwater $        2,887.50  Hugo $        2,300.00  Red Wing $        2,000.00  Lake Elmo $        1,500.00  cStillwater. .'-? -.J '"'"'"""''"""'"""':") City of Stillwater Elected Officials •38 MN Cities examined •Mayor - $9,000 annually •Median: $13,140 •Councilmembers - $7,200 •Median: $9,600 c5til]water. -~ ~J ...................... :') City of Stillwater Options 1)Option #1 •Remove liquor license budget increase •Get on par with median salaries •Levy 7.95% •Possible reduction after October Bond Issuance 2)Option #2 •Remove any other positions, proposals, or line items to reduce the levy back down to 7.773% or other number c5til]water. -~ ~J ...................... :') 2024 STRATEGIC VISIONING REPORT August XX, 2024 Prepared by DDA Human Resources, IncPhoto Credit: Jerry Wiese illwater THE BIRTHPLACE OF MINNESOTA 2 Participants Mayor Ted Kozlowski Council Member Ryan Collins Council Member David Junker Council Member Larry Odebrecht Council Member Michael Polehna City Administrator Joe Kohlmann Community Development Director Tim Gladhill Fire Chief Stuart Glaser Chief of Police Brian Mueller Finance Director Sharon Provos HR Manager Donna Robole Public Works Director Shawn Sanders City Clerk Beth Wolf The City of Stillwater undertook their annual strategic visioning process in May of 2024. The process included individual meetings between the Mayor, City Council, Department Heads, and consultant as well as a one day facilitated session on Friday, May 10th. The session included: A team building exercise An Organizational Snapshot from City Administrator Joe Kohlmann A SCOT (Strengths, Challenges, Opportunities, Threats) exercise and discussion Discussion of what the vision of the City of Stillwater should be and how to attain that vision This report summarizes the discussions from the individual meetings and facilitated session. It is intended to be a working document that is fluid as it drives and elicits continued discussion on the vision, priorities, and strategies for Stillwater. 2024 Strategic Visioning Organizational Snapshot The City Administrator provided some examples of areas to consider for strategic planning. They included finances, infrastructure, Boards and Commissions and communications. Photo Credit: Greg Shulz ■ Process • • • • • • • • • • • • • • • • • 2 STRENGTHS High-performing Council High functioning staff and collaborative leadership team Organization: trust, confidence, positive, and open-door communication Renowned tourist destination Stillwater: a place where people are eager to work and live User-friendly recodification of City Code New 10-year financial planning forecast Implementation of enterprise financial software How the organization adapts to change and evolution CHALLENGES Limited resources for sustainability efforts Managing workload complexities without enough resources Facilities/space needs Staff workload balance Commissions will need staff and Council Rep City Administrator spread thin across departments New developments will put increased demands on city services Opportunity to more clearly define vision for the City of Stillwater Increasing operational costs for existing and future needs Challenges with Fire Department staffing levels Constant evolution and changes in Stillwater 2024 Strategic Visioning In preparation for the facilitated group session and discussion, Bart Fischer from DDA conducted pre- session, individual virtual meetings, and calls with each of the participants. This allowed an additional avenue for participants to provide their perspectives, thoughts, and ideas. Based on the results of the discussions with Department Heads and City Council members, themes were documented then disseminated and shared via projected and paper infographics. The infographics were used in a live meeting setting to verify that the themes rang true to the group. Suggested changes and discussion led to updating the SCOT which can be found below. A key point that came from the individual meetings and the group discussion was that Stillwater’s culture is to continue to tackle the next big thing to ensure it is a premier city. It is what Stillwater does. It is important for those within, and coming into the organization, to understand and embrace this long-established culture. Photo Credit: Greg Shulz Photo Credit: Nicole Hessler SCOT {Strengths, Challenges, Opportunities, Threats) Exercise and Discussion • • • • • • • • • • • ■ 2 OPPORTUNITIES Implementation of new technologies Evolution/Growth. Growth=Opportunities Enhance process efficiencies Balance historical preservation with new investment Anticipate heightened service demands from an expanding Stillwater Succession planning: Council and staff Generate more/alternative sources of revenue Collaborate identification of needs, priorities, and wants Enhance the frequency of Council, department head, and all-staff meetings Staff make case/justification when requesting budget and/or resources City Hall space study Fire - collaborate with other communities More coordination with Boards/Commissions THREATS Anticipated retirements - finding the talent to backfill these positions Managing staff workload The community and City have high expectations, and these can sometimes affect staffing and budgeting Addressing PFAs will be costly Rising costs (IT, infrastructure, healthcare, benefits, etc.) Planning for uncertainties: emergencies, legislative changes, and staffing needs Revenues potentially will lag behind community/organization needs Escalating costs and inflation 2024 Strategic Visioning Photo Credit: William Salotto Photo Credit: Frank Piontek • • • • • • • • ■ 2 Participants Provide a positive customer service experience. Focus on technology upgrades and efficiencies. Create a balance between historical preservation and new investment. Define, measure, and maintain ambitious standards for the City. Set and maintain ambitious standards in all areas the City works in. Develop tools for the Leadership Team to measure success in this effort. Continue to create and maintain an internal working culture within the organization that supports the vision and strategies. Example: Police Department: Hire staff with experience working events. Define tourism as it relates to the City and its impact on resources. Events are a part of the culture of Downtown Stillwater. Study impact of how decisions made by the City Council are bringing people, events, and tourism into the community and specifically, Downtown Stillwater. Tourism for Stillwater was discussed and defined as: events a vibrant Downtown Future discussion: Examine data and define the tipping point for events. What is the “sweet spot” for the number and size of events that the City can effectively support? This will need to be an ongoing conversation with fluid decision-making based on available information and metrics. Should the City involve other groups in this discussion? (Boards and Commissions, external partners, etc.) Conducting data tracking around event metrics would assist in: creating a strategy, policy, and budget line item(s) around events, the decision regarding the number and size of events, and determining how many Stillwater residents take part in Downtown events. An effective Economic Development Strategy is desired. Discussion and a definition around best practices for economic development in Stillwater is needed. The group recommended that the TIF/Tax Abatement Committee be utilized to explore and recommend best practices for a Stillwater ED Strategy. Discussion should also include a job creation strategy, best use(s) for State sales tax funding, and the possibility of an affordable housing study. 2024 Strategic Visioning Photo Credit: Laura Weber ■ Vision for Stillwater -Discussion Summary • • • • • • • • • • • • • • • • • • • • • • • • • 2 2024 Strategic Visioning Photo Credit: Greg Shulz Positive Customer Service Experience (external/internal) Vision for the City in Next FourY·ears Define Tourism as it relates to the City and its impact on resources Stillwater: The Premier City in AU We Do. ■ 2 Participants Develop a plan to modernize, update, and replace technology. Embrace changes around technology. Update contracts with technology partners and service/software providers. Identify future date(s) when to evaluate data from short-term rental licensing and Downtown paid parking. Increase the frequency of City Council, Department Head, and All-Staff meetings and events. Diversification/stabilization of revenue streams. Regularly evaluate and re-address Downtown paid parking: changes in customer behavior needed infrastructure and generated revenue Continually evaluate the organization’s staffing model (existing and future). Continuously prioritize and define wants/needs and provide solid reasons around the ask for each. This goes hand-in-hand with the need to increase the frequency of City Council, Department Head, and All-Staff meetings and events. Continue to plan for and fund capital Projects: PFAs in the water issue. Infrastructure related to hospital and Central Commons developments. Riverfront infrastructure and improvements. Cameras in Downtown. Balance historical preservation & new investment. Consider how much regulation and design vs. new investment. Communication strategy and staffing. Formalize a proactive, city-wide, communication strategy. Standardize a city-wide logo, color, feel & look. Develop branding that is consistent across all City departments. Create uniform email signature lines. Evaluate a position and department to communicate all things Stillwater. Take steps to make the City of Stillwater the voice of Stillwater. Collaboration across all departments as it relates to events, event planning, and event logistics. Create an annual calendar of articles and stories to provide to the Community. Create a tactical plan for the proposed communications position and/or an assistant city administrator position. 2024 Strategic Visioning Photo Credit: Laura Weber Immediate Strategies and Priorities Moving Forward -Discussion Summary • • • • • • • • • • • • • • • • • • • • • • • • • • • • ■ 2 PRIORITIES MOVING FORWARD DEVELOP A PLAN TO MODERNIZE TECHNOLOGY DIVERSIFICATION/ STABILIZATION OF REVENUE STREAMS BALANCE: HISTORICAL PRESERVATION & NEW INVESTMENT COMMUNICATION STRATEGY/STAFF EVALUATE STAFFING MODEL: EXISTING & FUTURE CAPITAL PROJECTS: PFAS, NEW DEVELOPMENTS, RIVERFRONT, CAMERAS PRIORITIZE: DEFINE WANTS/NEEDS 2024 Strategic Visioning Photo Credit: Greg Shulz ■ 2 Comprehensive Communication Strategy People & Time Upcoming Retirements - Succession Planning Prioritization & Justification of Needs Evaluate Process Efficiencies Managing Workloads Opportunities Identified Lack of Resources 2024 Strategic Visioning Staffing levels and time management. Upcoming retirements and subsequent succession planning throughout the organization. Succession Planning Balancing workloads Lack of a comprehensive communication strategy. Evaluation of process efficiencies. ■ Existing Lack of Resources -Discussion Summary • • • • • • 2 2024 Strategic Visioning Following the morning’s activities and discussion, Bart Fischer went around the room to ask each of the attendees for three words they would use to describe the organization. The following is a list of the descriptive words: Vibrant economy (5) Cutting edge Maintain what we do Progressive/Proactive (3) Safe Innovative Quality Services Better Communication Premier (2) Preserving heritage/history Positive Best Creative Aggressive Collaborative (2) Engaged Complete Beautiful Leading Responsible Energetic/fun Clean The group took a few minutes to discuss some of the repeat words and how they felt those words applied to the Stillwater Community and the organization. Vibrant Economy - energy, active, positive, fun, beautiful, the people, families. Premier - the City owns the entire waterfront; no other city compares to Stillwater; no one is doing what Stillwater is doing - innovative; high number of amenities; walking bridge, downtown, plaza, parks; Christmas tree in downtown; school system; county seat; birthplace of MN. Progressive/Proactive: intentionally making us better; stepping up proactively. Safe: maintained infrastructure, presence of safety personnel, quality city services; code compliance; available access to roads/trails/walkways, staffing for large events, protected, prepared to respond, safe “feeling,” can go out at night. Innovative: cutting edge, downtown camera project, coming up with solutions, planning for the future, accessible city services, permitting. Collaborative: planning for big events, partnering with others. Energetic/fun: vibe, staff matches energy/positivity of the community; getting the buy-in from our staff and community members makes us fun. After discussion around what Stillwater’s vision and vision statement should be, the group decided the Stillwater vision is: Stillwater: The Premier City in All We Do Photo Credit: Jerry Wiese Vision Statement • • • • • • • • • • • • • • • • • • • • • • ■ DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Katriona Molasky, Assistant City Planner SUBJECT: Update to Chicken Permit (2002 Fairmeadows Rd.) BACKGROUND The City approved an Application for a Chicken Permit at 2002 Fairmeadows Rd. on May 19, 2024. In June 2024 it was brought to Planning Staff’s attention that the coop that was built did not match the coop that was presented to the City Council. Generally, Planning Staff does not review the design of a chicken coop and run. The proposed coop and run are reviewed for adhering to City Code dimensional requirements. In the application, the image used was a stock image for the proposed coop and run. The coop and run were proposed to be 20 ft. long, 10 ft. wide, and 8 ft. tall, which complied with code requirements. The run proposed was roofed and had a coop built in to it and was made of unfinished wood and wire. UPDATE The coop and run as built is 19 ft. long, 6.5 ft. wide, and 7 ft. high sloping to 6 ft. on the rear side. The run is made of unfinished wood, wire, and a metal shed roof and the coop is a refurbished playhouse made of painted wood. The roofline of the coop is hipped, not a sloped shed roof as seen in the stock image original proposed. The as-built coop and run meet all City Code requirements and generally are not reviewed for design. Staff is updating the City Council on the change to the design of the coop and run. Since it is within all permitting requirements, no actions are requested at this time. As-Built Coop and Run Structure is 19 ft. long. 7ft high sloping down to 6 ft on the backside.ba 6ft 6in wide.6in Chicken Coop Dimensions 20 feet long (included in the chicken run) 10 feet wide 8 ft tall (We are using this same coop we know has been successful with 5 hens, approved from the city and safe from predators. ORIGINAL SUBMISSION S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Patrol Sgt. Josh Gow For organizing 2 teams for the Downtown Clean-up Day on July 14, 2024 focusing on Graffiti, including 35 volunteers; City Staff; supplies; safety jackets & glasses; power washer; working with Businesses for punch-card items for volunteers; and laying out a project map and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of recognition: September 3, 2024 STILLWATER CITY COUNCIL SERVICE AWARD ls:r c5 ,il(\,yater ---=~~ ........__ THE B I R T H PL A Ct O f M I NN ES O T A ) ....c ~ S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Officer Brandon Crosbie For helping organize 2 teams for the Downtown Clean-up Day on July 14, 2024 focusing on Graffiti, including 35 volunteers; City Staff; supplies; safety jackets & glasses; power washer; working with Businesses for punch-card items for volunteers; and laying out a project map and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of recognition: September 3, 2024 STILLWATER CITY COUNCIL SERVICE AWARD ls:r c5 ,il(\,yater ---=~~ ........__ THE B I R T H PL A Ct O f M I NN ES O T A ) ....c ~ S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to City Public Works Crew: Jeff Melstrom, Dave Fleischhacker, Dan Radke, and Josh Wille For assisting the Downtown Clean-up Day on July 14, 2024 focusing on Graffiti, including supplies; safety jackets & glasses; and power washer and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of recognition: September 3, 2024 STILLWATER CITY COUNCIL SERVICE AWARD ls:r c5 ,il(\,yater ---=~~ ........__ THE B I R T H PL A Ct O f M I NN ES O T A ) ....c ~ City of Stillwater Washington County, Minnesota RESOLUTION 2024-12 RESOLUTION RECOGNIZING EFFORTS OF STILLWATER POLICE DEPARTMENT AND STILLWATER PUBLIC WORKS DEPARTMENT FOR DOWNTOWN GRAFFITI REMOVAL WHEREAS, in mid-2024, the Stillwater Police Department observed a number of properties impacted by unauthorized graffiti; and WHEREAS, in addition to a robust investigation to attempt diversion of future graffiti placement, the Stillwater Police Department, spearheaded by Sargent Josh Gow and assisted by Officer Brandon Crosbie, organized a proactive community graffiti removal event on Sunday, July 14, 2024; and WHEREAS, the cleanup efforts were supported by the Stillwater Public Works Department and many additional volunteers. NOW, THEREFORE, BE IT RESOLVED BY THE STILLWATER HERITAGE PRESERVATION COMMISSION: Sargent Josh Gow, Officer Brandon Crosbie and Public Works Maintenance Workers Jeff Melstrom, Dave Fleishacker, Dan Radke, and Josh Wille, and a number of community volunteers are hereby recognized and commended for their efforts on beautifying Downtown Stillwater and advancing the Heritage Preservation Commission's goals of Cultural and Heritage Preservation. Adopted by the Stillwater Heritage Preservation Commission this 17th day of July, 2024 . c~w~ Matt Thueson, Chair Ti Gladhill, Community Development Director S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Tim Gladhill For his contributions, dedication, professionalism, outstanding performance, and distinguished service as Community Development Director to the City and its citizens for over 3 years, and wishes him well in the future, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of recognition: September 3, 2024 STILLWATER CITY COUNCIL SERVICE AWARD Lt ] cS~illvYater ---=~ ~ ........ THE B I R T H PL A Ct O f M I NN ES O T A ) S On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Katriona Molasky For her contributions, dedication, professionalism, outstanding performance, and distinguished service as Assistant City Planner to the City and its citizens for the past 10 months, and wishes her well in the future, and for outstanding service in support of the City of Stillwater’s mission. Ted Kozlowski, Mayor Date of recognition: September 3, 2024 STILLWATER CITY COUNCIL SERVICE AWARD Lt ] cS~illvYater ---=~ ~ ........ THE B I R T H PL A Ct O f M I NN ES O T A ) 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES August 20, 2024 SPECIAL MEETING 3:30 P.M. Vice Mayor Polehna called the meeting to order at 3:35 p.m. Present: Vice Mayor Polehna, Councilmembers Collins, Junker, Odebrecht Absent: Mayor Kozlowski Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Deputy Fire Chief Ballis Police Captain Julien Public Works Director Sanders IT Manager Rice Library Director Troendle St. Croix Recreation Valley Center Manager Brady OTHER BUSINESS 2025 Proposed Budget Workshop City Administrator Kohlmann presented the 2025 budget recommendations and the recommended total property levy increase for 2025 of 7.77%. Vice Mayor Polehna questioned the Senior Building Inspector position in light of less construction occurring now, other than the hospital and Hy-Vee. He asked if it would be better to hire someone to inspect those buildings; and Mr. Kohlmann replied that adding the position will allow the City to cut back on overtime, reduce consulting costs, give the Building Official more managerial authority and streamline the inspection process. Councilmember Junker asked if money has been spent on third party inspectors in 2024; and Community Development Director Gladhill replied that the City spent $15,000 in overtime and $17,000+ on professional services thus far in 2024. There will still be opportunities for contracted services. Vice Mayor Polehna inquired if promoting two Sergeants will take them off the street; and Captain Julien replied that currently, if one of the four Patrol Sergeants takes time off or is sick or at training, their shift is not covered. Adding the two Sergeants would provide 24- hour Sergeant supervision. Vice Mayor Polehna stated he is struggling with the Assistant Administrator position, and does not think there is enough to do; and Mr. Kohlmann answered that it started with the Council’s desire to boost public communications. Directing Communications in Stillwater would not be a full-time job, so it was determined what else can this person do. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting August 20, 2024 Page 2 of 6 Councilmember Odebrecht noted that adding an Assistant Administrator would break up the Administrator’s growing workload. Councilmember Junker agreed the position is needed, but questioned the proposed salary; and Mr. Kohlmann agreed to bring back more information on the position. Councilmember Junker remarked, as an outgoing official, that the Mayor and Council have not had a raise in 24 years; and Mr. Kohlmann stated he will see what other cities are doing. Mr. Kohlmann went over special revenue funds, and the Council commended St. Croix Valley Recreation Center Manager Doug Brady for being constantly in the black. He then reviewed the library and parks budgets, permanent improvements, and major capital projects. He will bring back updated utility fund budget proposals and a more refined budget. RECESS Vice Mayor Polehna recessed the meeting at 4:32 p.m. REGULAR MEETING 7:00 P.M. Vice Mayor Polehna called the meeting to order at 7:00 p.m. Present: Vice Mayor Polehna, Councilmembers Collins, Junker, Odebrecht Absent: Mayor Kozlowski Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Police Captain Julien Deputy Fire Chief Ballis Public Works Director Sanders PLEDGE OF ALLEGIANCE The Council led the audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation for Stillwater Country Club celebrating their Centennial Anniversary Councilmember Junker read a proclamation honoring Stillwater Country Club. Council Service Award for John Murphy (Valley Access Broadcasting) Councilmember Odebrecht read a proclamation honoring John Murphy for 2½ years of audio/visual broadcasting of City meetings. Certification of Appreciation for Donna Robole, Human Resources Manager Vice Mayor Polehna read a proclamation honoring Donna Robole as Human Resources Manager for 8½ years. City Council Meeting August 20, 2024 Page 3 of 6 Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2024‐093, Donna Robole. All in favor. OPEN FORUM Lizzie Harris, 1220 Owens Street, stated physical separation between bikes and cars would be much safer than painted bike lanes in the Myrtle Street redesign project. STAFF REPORTS Public Works Director Sanders reported that Lowell Park is open. He gave updates on Greeley Street and County Road 5 projects and fiber optic repair work. Police Captain Julien recapped the Cones & Cops event and staffing for August 31 fireworks. Deputy Fire Chief Ballis reviewed training and department activities and planning for upcoming fire prevention week activities. Finance Director Provos stated the sale of GO bonds will be presented at the next meeting. Community Development Director Gladhill gave updates on department activities and parking signage. City Clerk Wolf stated there is still an opening on the Browns Creek Watershed District. Motion by Vice Mayor Polehna, seconded by Councilmember Collins, to nominate Councilmember Odebrecht to the BCWD Board. All in favor. Ms. Wolf noted that applications for City boards and commissions are due September 3. City Attorney Land stated cannabis regulations will be ready for discussion soon. City Administrator Kohlmann noted that Human Resources Manager Saige Kroells will start in September. CONSENT AGENDA August 7, 2024 Workshop and Regular Meeting Minutes Payment of Bills Chestnut Plaza Project Final Payment City Hall HVAC Project Change Order Community Development Block Grant and HOME Investment Partnership Program Cooperative Agreement Renewal Minnesota State Armory Building Commission Lease Agreement Amendment Pond Inspection Survey Project Agreement Solid Waste, Recycling and Roll-off Hauler License for Sanimax Temporary Liquor License for River Siren Brewery Bands for the Brave Event Therapeutic Massage Business and Individual Massage Therapist License for Aaron Koen and Shaylynn Wichryk – Resolution 2024‐094 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. City Council Meeting August 20, 2024 Page 4 of 6 PUBLIC HEARINGS Proposed Vacation and Discontinuance of a Permanent Drainage and Utility Easement at 201 and 211 Olive St W (Case 2024-030) – Resolutions 2024‐095 and 2024‐096 (Postponed from 7/16) Community Development Director Gladhill stated that the City received an application for easement vacation to facilitate a lot line reconfiguration for 201 & 211 Olive Street West. In addition to the lot line reconfiguration, the existing easement in question was recorded in an incorrect location. Staff recommends approval of the easement vacation and the acceptance of the new easements. Vice Mayor Polehna opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt Resolution 2024‐095, A Resolution Vacating a Permanent Drainage and Utility Easement Located Within the City of Stillwater, Minnesota, to approve the new easements, and to adopt Resolution 2024‐096, Resolution Rescinding, Terminating and Releasing a Variance Pertaining to Real Property in the City of Stillwater, Minnesota. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Manitou Fund Arts and Cultural Center Zoning Text Amendment and Conditional Use Permit Community Development Director Gladhill explained the proposed Ordinance Amendment to Section 28-236 Allowable uses in nonresidential districts, and the two Conditional Use Permits associated with the Zoning Code Amendment request by Manitou Fund. The Planning Commission recommends approval. Councilmember Junker asked if language needs to be amended on the 4-year lease signed last September for the north parking lot; and City Attorney Land replied the lease agreement covers uses related to the course of business operated on the lessee’s premises between 5 a.m. and 5 p.m.; after 5 p.m. it is shared with the public. The language need not be amended. Brian Bell, Dorsey & Whitney LLP, representing the property owner, added in their experience, there has not been significant use of the parking lot after 5 p.m. so they don’t anticipate sharing the use with the public to be an issue. Councilmember Junker asked if the facility will host weddings and conventions, and Mr. Bell replied they are not contemplating that right now - it’s mostly performing and visual arts, possibly with some receptions related to the arts. Councilmembers complimented the applicant on changes done to the property. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt second reading of Ordinance 1217, An Ordinance Amending City Code Chapter 28, Section 28-236 Central Business District Allowable Uses, and to adopt Resolution 2024‐097, Termination of Resolution PC2023-19 for an Interim Use Permit for a K-6 School at 601 Main Street North and Granting a Conditional Use Permit for a Cultural Facility (Library, Art Gallery, and Theater for City Council Meeting August 20, 2024 Page 5 of 6 Performing Arts) and a Conditional Use Permit for an Event Center at 601 Main Street North. All in favor. Charter Amendment for Sections 4.03 and 5.12 City Attorney Land reviewed the proposed amendments. The Charter Commission recommends repealing the requirement to hold a primary, which the Charter has required since 1970, 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. Secondly, the Charter Commission reviewed the list of officials who must complete a financial disclosure form, and recommended it be revised so that only the following elected or appointed City officials must complete the financial disclosure form: members of the Planning Commission and Heritage Preservation Commission, elected and appointed Mayor and Council, Community Development Director, and City Administrator. Motion by Councilmember Junker, seconded by Councilmember Collins, to hold first reading of an Ordinance Amending the City Charter of the City of Stillwater section 4.03, Regarding Filing for Office. All in favor. Motion by Councilmember Collins, seconded by Councilmember Junker, to hold first reading of an Ordinance Amending the City Charter of the City of Stillwater Section 5.12, Subd. 3, Regarding Conflict of Interest and Financial Disclosures. All in favor. COUNCIL REQUEST ITEMS Councilmember Odebrecht stated the Energy Action Team had its kickoff this week. Vice Mayor Polehna reminded the Community that the postponed July 4th fireworks take place on August 31 at 9 p.m. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 7:55 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024‐093, Donna Robole Certificate of Retirement Resolution 2024‐094, Approving Issuance of Therapeutic Massage Business License and Individual Massage Therapist Licenses for 2024 Resolution 2024‐095, A Resolution Vacating a Permanent Drainage and Utility Easement Located within the City of Stillwater, Minnesota, to approve the new easements City Council Meeting August 20, 2024 Page 6 of 6 Resolution 2024‐096, Resolution Rescinding, Terminating and Releasing a Variance Pertaining to Real Property in the City of Stillwater, Minnesota Resolution 2024‐097, Termination of Resolution PC2023-19 for an Interim Use Permit for a K-6 School at 601 Main Street North and 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 Ordinance 1217, An Ordinance Amending City Code Chapter 28, Section 28-236 Central Business District Allowable Uses DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Assessment for the 2024 Sidewalk Rehabilitation Project (2024-03) BACKGROUND The 2024 Sidewalk Rehabilitation Project is nearly complete with only one item left to be finished in September. Based on the work completed and estimating the cost of the remaining work, staff has projected the total cost of the project to be $123,676.26. The assessment roll needs to be prepared and an assessment hearing held. It is proposed that that the hearing will be held October 1, 2024. This will certify the project to the County this year. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the 2024 Sidewalk Rehabilitation Project. ACTION REQUESTED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE 2024 SIDEWALK REHABILITATION PROJECT (PROJECT 2024-03). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2024 SIDEWALK REHABILITATION PROJECT (PROJECT 2024-03). City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2024 SIDEWALK REHABILITATION PROJECT (PROJECT 2024-03) WHEREAS, a contract has been let and costs have been determined for the rehabilitation of sidewalk at $114,515.06 and the expenses incurred or to be incurred in the making of such improvement amount to $9,161.2 so that the total cost of the improvement will be $123,676.26. NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota: 1.The portion of the cost of such improvement to be paid by the city is hereby declared to be $101,090.07 and the portion of the cost to be assessed against benefited property owners is declared to be $22,586.19. 2.Assessments shall be payable in equal annual installments extending over a period of five (5) years, if the assessment amount is $3000 or less. The assessment period is ten (10) years if the assessment is over $3000. The first of the installments to be payable on or before the first Monday in January, 2025, and shall bear interest at the rate of (5.07%) five and a seven hundredth per annum from the date of the adoption of the assessment resolutions. 3.The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4.The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the Stillwater City Council this 3rd day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 2 City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2024 SIDEWALK REHABILITATION PROJECT (PROJECT 2024-03) WHEREAS, by a resolution passed by the Council on September 3rd, 2024, the city clerk was directed to prepare a proposed assessment of the cost for the 2024 Sidewalk Rehabilitation Project. The following is the area proposed to be assessed; Properties abutting: 3093 Lowell Ct., 3348 Millbrook Cir., 3085 White Pine Way, 2380 Croixwood Blvd., 1801 Market Dr., 1725 Market Dr., 2500 Orleans St W., 2300 Orleans St W., 1502 Cottage Dr., 1506 Cottage Dr., 1510 Cottage Dr., 1514 Cottage Dr., 1518 Cottage Dr., 1522 Cottage Dr., 1526 Cottage Dr., 1530 Cottage Dr., 1534 Cottage Dr., 1538 Cottage Dr., 1542 Cottage Dr. 1546 Cottage Dr., 1401 Cottage Dr., 2225 Orleans St. W., 224 4th St N., 115 3rd St. S., 304 3rd St N., 308 3rd St N., 105 Linden St E., 319 3rd St N., 408 3rd St N., 304 2nd St. N, 115 Linden St E, 350 Main St N., 1101 2nd St N. WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota: 1.A hearing shall be held for the project on the 1st day of October, 2024 at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Stillwater City Council this 3rd day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Andrew Coyne, Natural Resources Technician SUBJECT: MN DNR 2024 Emerald Ash Borer Grant – Tree Replacement BACKGROUND The city received bids for tree planting to replace the 291 infested ash trees that were removed this summer. This is the second phase in the city’s MN DNR grant-funded 2024 Emerald Ash Borer Removal Project. The City received three bids for the project. Legacy Trees gave the lowest bid at $160,048.77. The project is funded by the Minnesota DNR’s 2024 Shade Tree Bonding Grant Program, with a total of $389,000 in grant funds awarded. The city will be responsible for three years of watering and maintenance of the trees, as per the grant’s terms. The grant does not cover maintenance costs. The winning bidder provided a maintenance cost of $85.96 per year per tree, or $25,015.67 per year for the 291 trees. The trees will be covered by warranty for the entirety of the 3-year maintenance period. There is a significant amount of grant funding left over that will be used for a second round of ash tree removal and 1-for-1 replacement. RECOMMENDATION Staff recommends approving the contract with Legacy Trees for the 2024 Emerald Ash Borer Tree Replacement Project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING THE PROFESSIONAL SERVICES CONTRACT FOR THE 2024 EMERALD ASH BORER TREE REPLACEMENT PROJECT. 8/26/24 AGREEMENT FOR SERVICES ASH REPLACEMENT PLANTING PROJECT TITI S AGREEMENT ("Agr eem ent') i made an d execute d t hi s .2.{i_~ay of L\~Wlt 20 '},)·1 , by a11d between the C ity of St illw ater, 2 16 4th St ree t North, St illwater, MN 55 i ("City") and IJ,r<~-1l(t) (n ame). tJ'.UUl)~tN,Qku.L (address) ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for ce11ain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A bid proposal dated -----~ incorporated herein as Exhibit A; ii. Other documentation, incorporated herein as Exhibit B. (Hereinafter "Exhibits.") Where terms and conditions of this Agreement and those terms and conditions included in the Exhibits specifically conflict, the terms of this Agreement shall apply. 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 9 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 the Contractor, and the 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 19 I P a g e 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. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. BONDS. If the Services provided by Contractor as set forth in the Exhibits and this Agreement exceeds $100,000, Contractor shall furnish performance and payments bonds covering faithful performance of all the Contractor's obligations, including without limitation warranty obligations, and of all payment of obligations arising under this Agreement. The bonds shall each be issued in an amount equal to 100% of the stipulated sum for Services. 5. TERMINATION AND REMEDIES. a. Termination for Convenience. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party at the addresses listed in Section 15 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event: 1. 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. 11. 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. 20 Ir <1 g e 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. 6. 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. 7. 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. 8. INSPECTION OF WORK. All materials and workmanship will be subject to inspection, examination, and testing by the City, who will have the right to reject defective material and workmanship or require its correction. 9. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 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. 21 IP a g e Andrew Coyne acoyne@stillwatermn.gov Legacy Trees N290 Pine Place Hatfield, WI 54754 Attention: Allison Parker alli@legacy-trees.com 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 $1,500,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. 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. WARRA NTIES . 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: Ifto City: If to Contractor: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Or e-mailed: Or emailed: 221 Page 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. RESPONSIBLE CONTRACTOR. a. In accordance with Minnesota Statutes, Section 16C.285, Contractor is hereby advised that the City cannot award a construction contract in excess of $50,000 unless Contractor is a "responsible contractor" as defined in Minnesota Statutes, Section 16C.285, subdivision 3. Contractor must complete a Responsible Contractor Certificate verifying compliance with the minimum criteria specified in Minnesota Statutes, Section 16C.285, subdivision 3, to be eligible to provide the Services outlined in this Agreement. A Responsible Contractor Certificate must be signed under oath by an owner or officer of Contractor. Contractor is responsible for obtaining the required verifications of compliance with Minnesota Statute, Section 16C.285, subdivision 3 from all subcontractors, using a form provided by the City. Contractor must submit signed verifications from subcontractors upon the City's request. b. Contractor or subcontractor who does not meet the minimum criteria established in Minnesota Statutes, Section 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements of this statute, will not be considered a "responsible contractor" and will be ineligible to provide the Services under this Agreement or otherwise work on the project in any capacity. Contractor and any subcontractor are advised that making any false statements verifying compliance with Minnesota Statutes, Section 16C.285 will render the Contractor or subcontractor ineligible to perform the Services of this Agreement and may result in termination of this Agreement by the City. c. Contractor shall not sublet, sell, transfer, delegate or assign the Services or any portion of the Services of this Agreement without abiding by the applicable provisions of the Minnesota Department of Transportation Standard Specifications for Construction, Section 1801. 16. GENERAL PROVISIONS. a. A signment. 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. 23 IP age 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. 241Page CITY OF STILLWATER By:------------ Ted Kozlowski, Mayor By: ___________ _ Beth Wolf, City Clerk 25 j Page CONTRACTOR Signature•~~k Date: 1/tuz('W£i Name: Al\JSC(l B,k Its:~~~ 26 I P n g e Address N290 Pine Place Hatfield, WI 54754 Website www.legacy-trees.com LEGACY-TREES Statement of Qualifications Emerald Ash Borer is the most recent reminder of why diversity is so critical in our urban forests. Legacy-Trees is a company built upon the principles of diversity and stewardship. Our founder, Ron Zillmer, has spent over 30 years as a champion of urban forestry and specifically proper planting depth and root physiology. His vision is to not only create a better tree planting system, but to leverage this system into creating urban forests that will last for generations, not decades. Legacy-Trees offers a unique, cutting-edge tree planting system that is new to this industry. Our planting process focuses on utilizing air root pruning technology in an above-ground platform that mimics the way trees would grow in the forest. It is important to note that Legacy-Trees does not utilize a soilless mix which is common in container production. We utilize engineered soil blended with compost and top dressed with mulch to create soil conditions within this package that closely match the conditions found in the forest. Since the inception of Legacy-Trees in 2018, we have partnered with many municipalities and commercial customers and are professionally equipped to handle large-scale tree planting projects. We typically offer our system of tree planting to municipalities with a 5-year warranty contingent th.at city staff prunes the trees in the first 5 years post planting to help create better branch angles and structure of the tree. In order to receive the 5-year warranty, our municipal partners must send city staff to our stewardship pruning training that we host annually and that qualifies for arborist certification CEU's. The City of Stillwater requires a 3-year warranty and maintenance plan. For this proposal, we will provide the required 3-year warranty as specified in the scope of work. Legacy-Trees can offer this extensive warranty and training because the methods in which we can produce and transplant these trees have enabled them to be highly successful in the landscape. This has left Legacy with a less than one percent mortality rate in the landscape post planting with a pool of 6,500 Legacy-Trees that have been planted since 2019. Because this system provided is such a unique and successful tree planting method, Legacy-Trees lock onto our platform base and rarely require staking and strapping. Dynamic loading of the tree above ground due to wind stimulates colonization of the site by the root system and Legacy-Trees do not require a support system following transplanting into the landscape. Additionally, the primary limiting factor to root growth is available oxygen in the soil, the Legacy-Trees system revolves around maximizing the amount of available oxygen in the soil. The root systems produced by Legacy-Trees are in balance with the above ground portion of the tree because they have not been cut or damaged in 2 years. Furthermore, our planting technique does not damage roots at the time of transplanting. This balanced above and below ground tree can immediately colonize the site. Legacy-Trees is more than willing to provide any additional information upon the request of the City of Stillwater. Proposal Narrative Project Organization and Operating Plan Project Structure: the organization's structure for all aspects of the service(s) o Shipping: Trees will be shipped on Legacy-Tree's 40-foot gooseneck trailer that can haul 52 trees at a time. Trees will be tarped during the shipping process to protect the foliage and buds from desiccation. o Tree Installation: Legacy-Trees installs trees using a mini-loader with a custom blade attachment that is used for digging and backfilling the soil in the planting process. The design of the Legacy-Trees package is shallow, so the planting hole will be roughly 12 inches deep, this allows us to avoid any underground utilities while placing the functional root system in the adequate soil profile where oxygen and moisture is available to the roots. Legacy-Trees guarantees that the planting depth and root orientation is correct at the time of planting. o Clean-Up: Legacy-Trees intends to keep the streets in the city of Stillwater better than we found them. Our planting process utilizes a leaf blower and brooms to clean any leftover debris off the road and keep the city clean and beautiful. When we are planting in areas like a park, cleanup is very simple with a backpack leaf blower and the tree will be left as a beautiful, finished product and as the exact center of the planting hole with a perfect 6-foot diameter mulch ring. Timeline: 1. The project will begin with effective communication of the projected start date and end date between the Project Manager at Legacy-Trees and the Project Manager for the City of Stillwater. 2. Legacy has a 40-foot gooseneck trailer that has been driven down residential neighborhoods before. If the streets and corners aren't too narrow, legacy intends to do the tree planting offloading from the trailer rather than utilizing a staging site. If this truck and trailer combination is too large for certain neighborhoods, Legacy would request a staging site where we can transfer the trees to a smaller trailer to fit down city streets. 3. The project will begin promptly at 7 am, preferably on a Monday, on the agreed date and time with a meeting in the morning between the city and Legacy. 4. Legacy can average 40-80 trees planted in one day with a 4-person crew. 5. The goal will be to have all trees shipped, planted, and finished within seven 8-hour workdays. 6. The project would begin on a Monday and be completed on the following Wednesday, leaving time in between for any unforeseen weather events. 3-Year Maintenance Plan: It is the intent of Legacy-Tree to carry out the aftercare and maintenance of all 291 trees planted for the city of Stillwater. We intend to install gator bags on each tree after planting so that we can come back and fill gator bags accordingly in alignment with the specifications in the contract. Legacy-Trees has a watering trailer set up for this type of work and we are well equipped to handle the aftercare of these trees as well as provide quarterly reports on the aftercare to provide the city with peace of mind that it is being taken care of. City of Stillwater ATTACHMENT C-Bid Sheet All bids must be provided on this bid sheet in order to be accepted. Failure to use this bid sheet will result in the bid being determined to be not responsive. Company Name: Contact Person Name: Contact Person Address: Contact Person Phone: Contact Person Email: Tree Removal Category Dollar Bid Bidders must submit bids for nursery stock, tree planting labor and 3-year maintenance agreement for all 291 trees . Species / Cultivar Serviceberry (Tree Form) 'Autumn Brilliance' Hackberry Coffeetree (true north or espresso) London Planetree 'Exclamation' Swamp White Oak Northern Pin Oak Bur Oak American Linden 'Sentry' American Elm 'Princeton' Planting Labor 3-year Maintenance & Warranty Period Container Size lSgal lSgal 15gal 15gal 15gal 15gal 15gal lSgal lSgal Quantity Price per Total Price unit 31 45 45 30 15 15 20 45 45 291 291 TOTAL BID AMOUNT: , represent that I am authorized to submit the above bid on behalf of Signature and Date .77 17IPage ATTACHMENT D -Agreement for Services Contract By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this document. If the City accepts the proposed bid, a City representative will sign below and return to the company, making this a formal contract. Contractor signs at time of bid. Legal Name of Company Phone Legal Address of Company a.l\l Q~mft/W,Ca"'1 Email City fills out after accepting Bid. Authorized By _________________ _ City of Stillwater Representative (Name) 18 IP age DATE: August 29, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointments to Energy Action Committee DISCUSSION Staff published for openings on the newly organized Energy Action Committee. Councilmember Liason Odebrecht and Staff Representative/Interim Community Development Director Gutknecht conducted interviews and recommend the following applicants be appointed: Griffin Brod – Ward 3 Glenn Hansen – Ward 3 Dory Herman – Ward 4 Jessica Johnson – Ward 2 Sarah Schaffer – Ward 1 Each committee member’s term will end December 31, 2025, per Resolution 2024- 041 which is also the duration of the City’s collaboration with Partners in Energy. ACTION REQUIRED If Council agrees with the interview panel’s recommendation, they should pass a motion to approve the appointment the above mentioned applicants to the Energy Action Committee. DATE: September 3, 2024 TO: Honorable Mayor & City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager RE: Approving Flexible Work Arrangement Policy DISCUSSION The City of Stillwater City Council approved a Flexible Work Arrangement Policy for city staff in August 2021. The policy was approved on a one-year trial basis, effective September 1, 2021. The decision followed work by city staff who had formed a Workplace of Tomorrow Team in 2020, amidst the onset of the COVID-19 pandemic. The team was comprised of employees from all departments including the Library and Rec Center. On May 18, 2021, the group made a recommendation supporting new business operations processes created during the pandemic that worked well and should be considered for the future. One of those recommendations was to implement a flexible work arrangement policy. The City of Stillwater City Council approved a Flexible Work Arrangement Policy for city staff on August 16, 2022, with the provision that performance objectives be included with telework requests. Language updates were applied to the policy and the request form. At the City, 90 percent of city staff work a traditional schedule, and 10 percent work a hybrid flexible schedule. Each supervisor works closely with their staff to focus on outcomes for those in both traditional and hybrid work settings, and the flexibility is valued by staff. Thank you for your continued support as the City leads innovative approaches to work outcomes that provide a competitive advantage. The City’s goal is to maintain or improve employee productivity while providing employees with futuristic scheduling options that foster a productive, healthy and safe workplace. ACTION REQUESTED Staff recommends that the City Council approve the attached resolution titled, “Approving Flexible Work Arrangement Policy.” City of Stillwater Washington County, Minnesota RESOLUTION 2024- APPROVING FLEXIBLE WORK ARRANGEMENT POLICY WHEREAS, the City of Stillwater, complies with Federal and state labor laws; and WHEREAS, a flexible work arrangement is a business and workplace strategy, not an employee benefit or employee right, and approval or denial is at the sole discretion of the City; and WHEREAS, the City’s goal is to maintain or improve employee productivity in the delivery of public services while providing employees with scheduling options that foster a productive, healthy and responsibly-managed workplace. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a one-year program for September 1, 2024 to September 1, 2025 offering a flexible work arrangement option to individuals employed by the City of Stillwater pursuant to the attached flexible work arrangement policy. Adopted by the Stillwater City Council this 3rd day of September, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Appointing Interim Community Development Director DISCUSSION While staff works on hiring a new Community Development Director, an interim Director can be appointed. Staff suggests appointing Ben Gutknecht, current Planning Manager, as the Interim Community Development Director. A salary adjustment per union contract would be applied in this case. RECOMMENDATION Staff recommends Council appoint Ben Gutknecht as the Interim Community Development Director. ACTION REQUESTED If council concurs with staff recommendation, Council should pass a motion to appoint Ben Gutknecht as Interim Community Development Director. DATE: TO: FROM: September 3, 2024 Honorable Mayor and City Councilmembers Reabar Abdullah, Assistant City Engineer SUBJECT: Acceptance of Work and Final Payment Laurel Street Retaining Wall Project (Project 2023-10) BACKGROUND The work on the above project has been completed. The contractor, Vinco INC. has submitted their application for payment and required information to allow for final payment. There was a change in the contract amount due to extra unforeseen work needed at the time of construction including the removal three large trees, and erosion control and stabilization of the soils. The extra work amount was $15,585.71, and the final cost of the project is $95,452.71. The final amount is within the budget allocated for the project. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Vinco Inc., in the amount of $4,772.64. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR LAUREL STREET RETAINING WALL PROJECT (PROJECT 2023-10). DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders Director of Public Works SUBJECT: Lumberjack Landing Design Services Amendment with HKGi BACKGROUND HKGi was hired back 2021 to do design services for the first phase of Lumberjack Landing Park Improvement. The original design plans included the kayak and canoe launch, fishing pier, trails and driveway improvements. Now that the City has received funding from a 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. HKGi is requesting an amendment to their original contract for this extra work. In addition, HKGi 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 included wetland delineation, driveway profiles for MNDOT discussion, and hydraulic calculations for MN DNR. HKGi’s amount to complete all additional work requested by the City is $150,520. The original Contract amount was $95,000. In total, the project would now cost $245,520. 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. Stillwater – Lumberjack Landing Construction Documents - Contract Amendment 1         August 23, 2024   Shawn Sanders Director of Public Works City of Stillwater ssanders@stillwatermn.gov RE: Lumberjack Landing Design and Construction Documents - Design Services Contract Amendment Dear Shawn, Per our previous discussions we request amending the November 9, 2021, Lumberjack Landing contract in the amount of $150,520, to account for the expanded scope of work and design deliverables. The original contract for design and engineering services was executed on November 9, 2021, and was expected to be complete in 2022. Due to a number of delays in the schedule related to staff turnover, lengthened county review periods, extra meetings on site with county staff, and funding changes, the project schedule has been extended more than two years. The city desires a change in design and engineering scope with additional tasks and an increased number of meetings and agency coordination items than originally identified. Additional and out-of-scope tasks for this project are itemized as follows: Task Fees Consultant DNR No-Rise Certificate review:  Develop materials and exhibits for No-Rise Certificate  Correspondence with MnDNR $5,500 EOR (civil engineering) Driveway connection to Hwy 95:  Coordination with MNDOT  Drafting existing and proposed driveway profiles for MnDOT discussions $4,500 EOR (civil engineering) Wetland delineation:  Perform field work and reporting for additional areas west and north of 2021 delineation areas $4,800 EOR (wetland delineating) ADA non-motorized public boat launch and fishing pier:  Complete design and engineering due to delay in schedule  Develop final construction documents and specifications  Update associated construction cost estimate $31,400 HKGi (landscape architecture) EOR (civil engineering) k.HKGi Planning I Landscape Architecture I Urban Design Stillwater – Lumberjack Landing Construction Documents - Contract Amendment 2 Address permitting needs and agency coordination with USACE, WCA, MnDNR, NPDES, NPS, SHPO, Washington County, and MSCWMO Provide bidding support Construction administration Stairway connection to the Browns Creek State Trail: Design and engineering to include final construction documents and specifications Address permitting needs and agency coordination with USACE, WCA, MnDNR, NPDES, NPS, Washington County, and MSCWMO $10,570 HKGi (landscape architecture) EOR (civil engineering) BKBM (structural engineering) Custom picnic pavilion: Design and engineering to include final construction document and specifications Address permitting and agency coordination Construction administration $68,250 HCM (architecture) BKBM (structural engineering) HKGi (landscape architecture) Washington County Conservation Easement: Additional meetings and correspondence with Washington County staff $15,500 HKGi (landscape architecture) EOR (civil engineering) Construction and design contingency: Contingency allowance for additional soil borings, survey needs, additional meetings, or additional permitting needs $10,000 HKGi, EOR or others as needed Total proposed additional fees $150,520 Please call or email if you have any additional questions or need additional information. Respectfully, Gabrielle Grinde, PLA (MN)  Principal  HKGi  gabrielle@hkgi.com 608.852.3370 CITY OF STILLWATER - APPROVED BY: Title:___________________________________ Date: __________________________________ ATTEST Title:____________________________________ Date:____________________________________ DATE: September 3, 2024 TO: Mayor and City Council FROM: Jesse Farrell, Deputy Director of Public Works RE: Approval of Geotechnical Exploration Services Lumberjack Landing 2022-08 DISCUSSION The City solicited Request for Proposals for Engineering Services for geotechnical exploration for assistance with foundation design for the Aiple House renovations. Following review of the proposal, American Engineering Testing, Inc. (AET) at the price of $8,900 was selected for engineering services. RECOMMENDATION Staff recommends council approve the engineering services of AET for the Lumberjack Landing geotechnical exploration for foundation design. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion to APPROVE AND AWARD PROPOSAL, AND ENTER INTO AGREEMENT FOR ENGINEERING SERVICES FOR THE LUMBERJACK LANDING GEOTECHNICAL EXPLORATION (PROJECT 2022- 08). r illwater '~ ~ THE BIRTHPLACE OF MINNESOTA ~ 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 3rd day of September, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and American Engineering Testing, 550 Cleveland Avenue N, Saint Paul, MN 55114 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: Lumberjack Landing - Geotechnical Exploration of Aiple House WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services (“Services”), as defined in the following documents: i. A proposal dated 8/15/24, incorporated herein as Exhibit A; b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. This Agreement expires on 9/3/2025. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. (Stillwater ~~ -' The Birthplace of Minnesota .J 2 a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Jesse Farrell, to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Andrew Schmid, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. 3 a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers’ Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Jesse Farrell Or e-mailed: jfarrell@stillwatermn.gov If to Consultant: American Engineering Testing 550 Cleveland Ave. N St. Paul, MN 55114 Attention: Andrew Schmid Or e-mailed: aschmid@teamAET.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as 4 employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 5 AMERICAN ENGINEERING TESTING By: Its: Date: Project Description: Lumberjack Landing - Geotechnical Exploration of Aiple House 550 Cleveland Avenue North | Saint Paul, MN 55114 Phone (651) 659-9001 | (800) 972-6364 | Fax (651) 659-1379 | TeamAET.com | AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. August 15, 2024 City of Stillwater 216 4th Street North Stillwater, Minnesota 55082 Attn: Mr. Jesse Farrell, PE – Deputy Director of Public Works/City Engineer jfarrell@stillwatermn.gov Re: Proposal for Geotechnical Exploration Aiple house Renovations 1513 Broadway Street North Stillwater, Minnesota 55082 AET Proposal No. P-0036446 Dear Mr. Farrell: American Engineering Testing (AET) is pleased to submit a proposal for this project. In this proposal, we present our understanding of the project, an outline of the scope of services we are to provide, and a lump sum estimate of charges for our services. PROJECT INFORMATION Based on our conversations and the provided foundation plan illustrating the proposed soil boring locations as request by Mr. Mike Moeller with Atlas Foundation Co., we understand that modifications are planned to the existing residential house to provide a foundation support system of helical piles. it is also our understanding that the renovations are part of a larger project to convert the house and surrounding area into a City park SCOPE OF SERVICES Field Exploration As requested by you, our exploration program will consist of borings placed per the attached soil boring location plan. The anticipated scope of services will consist of the following: • Perform 7 standard penetration test borings (B-1 to B-7) to a depth of 20 feet or obstruction, whichever is shallower, as discussed with Mr. Moeller. See the approximate locations shown on the attached boring location figure prepared by Larson Engineering, Inc. and modified by Atlas Foundation Co. • Spotting the proposed borings in the field based on existing site features and obtaining surface elevations at each boring location. We will drill the borings using hollow stem augers or by rotary mud drilling, and sampling by the split- barrel method in general accordance with ASTM D1586. Our crew will keep field logs noting the methods of drilling and sampling, the Standard Penetration Values (N-values, “blows per foot”), preliminary soil classification, and observed groundwater levels. Representative portions of recovered samples will be sealed in jars to prevent moisture loss and submitted to our laboratory for review, testing and final classification. AMERICAN ENGINEERING TESTING Proposal for Geotechnical Exploration Aiple House Renovations; Stillwater, Minnesota AET Proposal No. P-0036446 August 15, 2024 Page 2 of 6 We will backfill the boreholes to comply with the Minnesota Department of Health Regulations. Even after backfilling, some sloughing of the backfill may occur, resulting in a potential tripping hazard to pedestrians. We assume that the client will backfill and repair any boreholes that may slough after our exploration is complete. AET cannot accept any liability associated with pedestrian injury after we leave the site. Accessing the boring locations may leave ruts in the ground. We will use mats and other equipment to lessen the ruts, but these may still occur regardless of our efforts. We assume that the client will perform any site restoration work (if necessary). We have not included a fee for site restoration in our cost estimate. We assume that the site is readily accessible for our truck-mounted vehicle drill rig. Underground Utilities Before we drill, we will contact Gopher State One Call to locate public underground utilities. Gopher State One Call does not currently charge for this service, but they will not locate private underground utilities or structures. Examples of private utilities include, but are not limited to, propane lines, sewer laterals, sprinkler systems, site lighting, and electric and data lines between buildings. Gopher State One Call indicates that the property owner is responsible for locating all private underground utilities and structures. We request that you please coordinate this activity with the owner and AET prior to AET beginning any subsurface exploration. Also, please provide us with maps, plans and records showing the location of all private utilities and structures. We can provide you with names and contact information for private utility locators. These companies usually charge a fee for their services. Also, please note that private locators cannot guarantee that all private utilities will be located. For the private locator to be accurate and effective, the property owner must provide maps, plans and records showing the location of all private utilities and structures. The property owner must also provide a knowledgeable site representative to meet with the private locator and AET personnel. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. We will not be responsible for any damages to underground utilities or structures not located or incorrectly identified by the property owner, any maps, plans or records, or public or private utility locator providers. Laboratory Testing We will initiate routine laboratory testing by reviewing each recovered soil sample to assess the major and minor soil components, while also noting the color, degree of saturation, and lenses or seams in the samples. We will test selected samples for moisture content and grain size distribution. On completion of testing, we will visually/manually classify each sample on the basis of texture and plasticity in accordance with the Unified Soil Classification System and prepare the boring logs. A .. ,cAN ENGINEERING TESTING Proposal for Geotechnical Exploration Aiple House Renovations; Stillwater, Minnesota AET Proposal No. P-0036446 August 15, 2024 Page 3 of 6 Report We will prepare a report in which we will present the results of our subsurface exploration and laboratory testing. This report will include logs of the test borings, the laboratory test results, and a review of engineering properties of the on-site soils. The scope of services defined in this proposal is intended for geostructural purposes only. This scope is not intended to explore for the presence or extent of environmental contamination at the site. However, we will note obvious contamination encountered which can be detected by human sight or smell sensing. FEES For the scope of services described above, our fees will be assessed on a fixed-fee, lump sum basis with the following approximate cost breakdown: Site Preparation, Coordination and Permits $ 800 Geotechnical Field Services $ 5,550 Laboratory Testing and Boring Logs $ 1,350 Final Report and Recommendations Preparation $ 1,200 TOTAL FEES $ 8,900 Deduction - Borings unable to be performed due to site access constraints $ 500/Boring We caution that scheduling additional borings for geotechnical exploration will require advanced notice. To allow time to mark boring locations in the field, coordinate utility clearing, and determine site access, the scope of services will need to be finalize at least three weeks before the planned start of drilling to be included in the same equipment mobilization. In the event the scope of our services needs to be revised (for example, additional or deeper borings, or additional field or laboratory testing), we will review such scope adjustments and the associated fees with you and receive your approval before proceeding. Our fees will be in effect until 30 days following the date of this proposal, after which they will be subjected to review and possible escalation. Minnesota Department of Health Fees Effective July 1, 2019, the Minnesota Department of Health (MDH) has changed the borehole sealing and notification requirements. For sites where borings are drilled to a depth of 15 feet or deeper, all licensed drilling companies are required by law to grout the boreholes upon completion. For borings 25 feet in depth or deeper all licensed drilling companies must submit written notification to the MDH prior to drilling along with a fee of $75. Projects that span multiple properties will require multiple notifications. The MDH also requires that a Sealing Record be submitted to the MDH, with a copy to you, after the borings are completed. The above fee estimate for our geotechnical services includes the MDH fee for the proposed scope of drilling; however, A .. ,cAN ENGINEERING TESTING Proposal for Geotechnical Exploration Aiple House Renovations; Stillwater, Minnesota AET Proposal No. P-0036446 August 15, 2024 Page 4 of 6 because subsurface conditions can change between borings, the final MDH fee (including an administrative charge of $65 per notification) will be added, if necessary, to our final invoice to you. The MDH Notification and Sealing Record requires the Property Owner name and mailing address (the Property Owner will also receive a copy of the Sealing Record). Please provide this information below. Property Owner’s name/company name: ______________________________________________________ Property Owner’s mailing address: ______________________________________________________ SCHEDULE Weather permitting, we anticipate drilling operations can begin within about 3 weeks after receiving authorization to proceed. Verbal results of the drilling activities can be obtained shortly after completion of the drilling. We anticipate the geotechnical report can be prepared within about 10 to 12 working days after completion of the field work. We are available to review special schedule needs with you. However, if private utilities are present onsite and a reliable method of locating them is not approved by the property owner, our schedule may be delayed. Occasionally, variations in the project scope of services occur due to reasons beyond our control such as site access concerns, sever weather delays, issues or complications with private utility clearing, or interfering activities ongoing t the project site. If encountered, these issues may cause unforeseen delays in the drilling schedule. We will inform you of the status of the project schedule, equipment availability, and site- specific considerations as the setup progresses. ENVIRONMENTAL CONCERNS This proposal is presented for engineering services to evaluate the structural properties of the soil at the specified site. This proposal does not cover an environmental assessment of the site or environmental testing of the soil or groundwater. If you wish to have us provide these additional services, please contact us. A .. ,cAN ENGINEERING TESTING Proposal for Geotechnical Exploration Aiple House Renovations; Stillwater, Minnesota AET Proposal No. P-0036446 August 15, 2024 Page 5 of 6 TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed “Environmental/Geotechnical Service Agreement—Terms and Conditions,” which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third-party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. ACCEPTANCE This proposal is presented in electronic (PDF) form; hard copies can be prepared and mailed to your office upon request. AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. If you have questions regarding this proposal, please contact us. Sincerely, American Engineering Testing, Inc. Andrew T. Schmid, P.E. Robert J. Olson, PE Senior Engineer Senior Engineer/Department Manager Phone: (651) 523-1274 Phone: (651) 659-1316 Email: aschmid@TeamAET.com Email: rolson@TeamAET.com Attachments: Proposed Boring Locations Figure Service Agreement W9 & Insurance A .. ,cAN ENGINEERING TESTING Proposal for Geotechnical Exploration Aiple House Renovations; Stillwater, Minnesota AET Proposal No. P-0036446 August 15, 2024 Page 6 of 6 ACCEPTANCE AND AUTHORIZATION: AET Proposal No. P-0036446 SIGNATURE: PRINTED NAME: COMPANY: ADDRESS: PHONE NUMBER AND EMAIL: DATE: INVOICING INFORMATION (Provide Company AP Department Information, if present.) AP CONTACT NAME: BILLING/MAILING ADDRESS: AP PHONE NUMBER AND INVOICE EMAIL: P.O. NO./ PROJECT NO.: A .. ,cAN ENGINEERING TESTING (E) 2' -0" X 10" DP FTG. DEMO AS REQ'D TO CONSTRUCT LIFT PIT. 8" CONC SLAB AT LIFT (E) STL COL AND CONC FTG (E) STL COL 10 " 24 ' - 0 " 4" 9"5' - 9"7' - 3"5' - 9" 18' - 9" (E) FDN WALL AND FTG (TYP) (E) FDN WALL AND FTG (TYP) 7' - 2 1/2"7' - 5"4' - 6 3/4" (E) FIREPLACE (E) CONC SLAB T/(E) SLAB = 93' -8" (E) CONC SLAB T/(E) SLAB = 96' -11 1/2" (E) CONC SLAB T/(E) SLAB = 100' -0" (E) CONC SLAB T/(E) SLAB = 100' -0" (E) CONC SLAB T/(E) SLAB = 100' -0" 4" CONC SLAB W/ FIBER MESH REINFORCEMENT. PROVIDE 6" COMPACTED GRANULAR FILL AND VAPOR BARRIER. T/SLAB = 100' -0" 4" CONC SLAB W/ FIBER MESH REINFORCEMENT. PROVIDE 6" COMPACTED GRANULAR FILL AND VAPOR BARRIER. T/SLAB = 100' -0" (E) RETAINING WALL. CONTRACTOR SHALL TEMP SHORE AS REQ'D. (E) CONC STAIRS UP STAIRS (SEE ARCH) C1A C1A C1A C2 C2 C2 C2 C1B P1 F3.0 C1B P1 F3.0 C1B P1 F3.0 C1B P1 F3.0 C1B P1 F3.0 C1B P1 F3.0 C1B P1 F3.0 C1B P1 F3.0 13' - 11"17' - 0 1/4"15' - 10 1/4" (E) FDN WALL AND FTG (TYP) F4.5 STAIRS (SEE ARCH) 6' - 8 7/8"4' - 6"6' - 10" C1A F3.0 2X4 STUD WALL AT 16" OC 7' - 0" 7' - 8 " 8 S500 8 S500 5 S500 6 S500 7 S500 9 S500 2' -0" X 12" THK'D CONC SLAB W/ (2) #5 CONT NORTH KEY PLAN DRAWING NUMBER DRAWING TITLE CLIENT I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Brandon Clark Date: XX/XX/XXXX License Number: 60507 Signature: a r c h i t e c t s 4201 cedar avenue so. -minneapolis, MN 55407 tel. (612) 904-1332 -fax (612) 904-7366 Hagen, Christensen & McIlwain CONSULTANT 1 CONSULTANT 2 CONSULTANT 3 N O T F O R C O N S T R U C T I O N PROJECT NUMBER 4/ 2 5 / 2 0 2 4 3 : 1 0 : 1 0 P M G: \ S T R U C T U R A L \ 2 0 2 3 \ 1 1 - 2 3 - 0 6 2 1 \ 1 1 2 3 0 6 2 1 A I P L E H O U S E R E N O V A T I O N - R 2 3 . r v t S100 45.067049, -92.805605 Aiple House Renovation FOUNDATION PLAN 11230621 NORTH 3/16" = 1'-0"S100 FOUNDATION PLAN1 FOUNDATION PLAN NOTES: 1. CONTRACTOR SHALL FIELD VERIFY EXISTING CONDITIONS. 2. CONTRACTOR SHALL VERIFY DIMENSION, ELEVATION AND MEMBER SIZE INFORMATION. COLUMN SCHEDULE MARK SIZE BASE PLATE ANCHOR BOLTS C1A HSS4x4x1/4 PL3/4"x10"x10" (SEE DET 4/S500) (4) 3/4" SCREW ANCHORS W/ 6" EMBED C1B HSS4x4x1/4 PL3/4"x10"x10" (SEE DET 4/S500)(4) 3/4" ANCHORS W/ 12" EMBED C2 HSS5x5x5/16 PL3/4"x7"x1'-3"(2) 3/4" SCREW ANCHORS W/ 6" EMBED CONCRETE PIER SCHEDULE MARK SIZE VERT REINF TIES P1 18"x18"(8) #5 #3 AT 10" OC ISOLATED FOOTING SCHEDULE MARK SIZE REINFORCING F3.0 3'-0" x 3'-0" x 1'-0" DP (3) #5 EA WAY, BOTT F4.5 4'-6" x 4'-6" x 1'-0" DP (4) #5 EA WAY, BOTT REVISION DATE DESCRIPTION TL APPROX = 3,200 PLF PIER SPACING APPROX 5' OC 26'-5 1/2" TL APPROX = 3,200 PLF PIER SPACING APPROX 5' OC 26'-1 3/4" TL APPROX = 1,900 PLF PIER SPACING APPROX 7' OC TL APPROX = 3,000 PLF PIER SPACING APPROX 5' OC TL APPROX = 17,000 LBS AT EA PIER TL APPROX = 17,000 LBS AT EA PIER TL APPROX = 6,500 LBS AT EA PIER TL APPROX = 4,500 LBS AT EA PIER TL APPROX = 2,200 PLF PIER SPACING APPROX 7' OC TL APPROX = 2,000 PLF PIER SPACING APPROX 7' OC TL APPROX = 2,000 PLF PIER SPACING APPROX 7' OC TL APPROX = 3,500 PLF PIER SPACING APPROX 5' OC TL APPROX = 6,000 LBS AT PIER LEGEND TL - TOTAL LOAD - POINT LOAD FOR INDIVIDUAL PIER - DISTRIBUTIVE LOAD FOR PIERS AT A SPACING TL APPROX = 1,200 PLF PIER SPACING APPROX 8' OC TL APPROX = 1,200 PLF PIER SPACING APPROX 8' OC TL APPROX = 1,600 PLF PIER SPACING APPROX 7' OC TL APPROX = 16,000 LBS AT PIER TL APPROX = 11,000 LBS AT PIER TL APPROX = 5,000 LBS AT PIER TL APPROX = 1,000 PLF PIER SPACING APPROX 8' OC TL APPROX = 12,000 LBS AT PIER PRELIMINARY HELICAL PIER LOADS AND LAYOUT INFORMATION TL APPROX = 2,500 PLF PIER SPACING APPROX 6' OC TL APPROX = 2,100 PLF PIER SPACING APPROX 6' OC TL APPROX = 1,200 PLF PIER SPACING APPROX 8' OC TL APPROX = 5,000 LBS AT PIER TL APPROX = 5,000 LBS AT PIER TL APPROX = 10,000 LBS AT PIER TL APPROX = 2,400 PLF PIER SPACING APPROX 6' OC TL APPROX = 3,900 PLF PIER SPACING APPROX 5' OC TL APPROX = 2,900 PLF PIER SPACING APPROX 5' OC TL APPROX = 1,500 LBS AT EACH HELICAL PIER TL APPROX = 1,500 LBS AT EACH HELICAL PIER TL APPROX = 1,500 LBS AT EACH HELICAL PIER 20'-0" 27 ' - 1 " 47'-8 3/4" 11 ' - 0 " 12 ' - 0 " 10 ' - 0 " 26'-1 1/2"20'-0" 13 ' - 1 1 " illwater ~ T H E B I R T H P l A C ~ OF ' M I NN ES O !A J L__ ___ _ i Larson Engineering Inc. 3524 Labore Road ' :hite Bear Lake , MN 55110-5100 51,481,9120 Fax: 651,481,9201 www.larsonengr.com ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 ACS417EG (01/24) AMERICAN ENGINEERING TESTING, INC. SECTION 1 - RESPONSIBILITIES 1.1 - This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all services ("Services") provided by American Engineering Testing, Inc. (AET). As used herein “Services” refers to the scope of services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order, task order, service order, or any other documentation for any of the Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement AND THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT AND ANY CORRESPONDING PROPOSAL ISSUED BY AET SHALL GOVERN UNLESS AUTHORIZED IN WRITING IN ADVANCE BY AET. 1.2 – Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and their Client and/or Owner which contain flow-down provisions to AET, if they are provided, site safety plans or other documents which may control or affect AET's Services. If new information becomes available during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to project-related questions by AET. 1.3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management, general contracting or surveying services. AET will not be responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing. 1.4 – Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations in soil and subsurface conditions. 1.5 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1.7 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client’s alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.8 - The AET proposal accompanying these terms and conditions is valid for thirty (30) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET’s right to revise the proposal as necessary. SECTION 2 - SITE ACCESS AND RESTORATION 2.1 - Client will furnish AET safe and legal site access. 2.2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3 - UNDERGROUND UTILITIES AND STRUCTURES (FACILITIES) 3.1 - AET’s sole responsibility under this section will be to contact the state “call before you dig” notification center (e.g. Gopher State One Call in Minnesota), if such an entity exists, for location information of public utilities only. AET shall have no obligation to proceed with the work until Client has fully complied with all the requirements of this Section 3. 3.2 - Client will mark or cause to be marked the location of all other Facilities that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3.3 - Client acknowledges that location data may be incorrect or that some Facilities may not be capable of location and Client fully accepts this risk and waives any claims against AET for incorrect locations or Facilities incapable of location. 3.4 - Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney’s fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. SECTION 4 - CONTAMINATION 4.1 - Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4.2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 ACS417EG (01/24) AMERICAN ENGINEERING TESTING, INC. SECTION 5 - SAFETY 5.1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 5.2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 6 – SAMPLES 6.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 6.2 - Non-hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 7 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 9 - INSURANCE AET maintains insurance with coverage and minimum limits shown below. AET will furnish certificates of insurance to Client upon request. 9.1 – Workers’ Compensation Statutory Limits Employer’s Liability $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional/Pollution Liability Insurance $1,000,000 per claim $1,000,000 aggregate 9.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET’s Services as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage applicable to AET's indemnity obligations under this Agreement. 9.3 - Automobile Liability insurance shall include coverage for all owned, hired and non-owned automobiles. 9.4 - Professional/Pollution Liability Insurance is written on a claims-made basis and coverage will be maintained for one (1) year after completion of AET’s Services as outlined in our proposal. Renewal policies during this period shall maintain the same retroactive date. 9.5 - To the extent permitted by applicable state law, and upon Client’s signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an “additional insured” on AET’s Commercial General Liability Policy (Form CG D4 14, which includes blanket coverage for the Additional Insured on a Primary and Non-Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74). Any other endorsement, coverage or policy requirement may result in additional charges. 9.6 - AET will maintain insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 9.7 - AET reserves the right to charge Client for AET’s costs for additional coverage requirements unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 10 - DELAYS If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, weather, or other items beyond AET's control, a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 ACS417EG (01/24) AMERICAN ENGINEERING TESTING, INC. SECTION 11 - PAYMENT, INTEREST, AND BREACH 11.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice. Invoices will be paid without reductions for bond or retention. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 11.2 – Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET’s possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 11.3 – AET reserves the right to pursue any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. 11.4 – AET reserves the right to charge a 2.5% fee on any payment made using a credit card or debit card. SECTION 12 - CHANGE ORDERS AET's proposal associated with this project may provide an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for Services authorized under this agreement. Approval of a change order may be in writing, by electronic communication, or any directive for additional Services. SECTION 13 - MEDIATION 13.1 - Except for enforcement of AET’s rights to payment for Services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement of mechanic’s lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 13.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator’s fee and any filing fees equally and each party shall pay their own legal fees. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 14 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 11 hereof, payment of attorney’s fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non-prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and other direct costs. SECTION 15 - MUTUAL INDEMNIFICATION 15.1 - Subject to the limitations contained in Sections 15 and 18, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's negligent performance of the Services. 15.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 15.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET’s Services are performed, the Client shall include AET as an additional Insured. 15.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence. SECTION 16 - NON-SOLICITATION Each party to this Agreement (a “Party”) agrees that it will not encourage, induce, or actively solicit any employee of the other party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such employee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees of the other Party who contact the Party on its own accord. This Non-Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 17 - MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other’s officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the Services provided by AET under this Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 ACS417EG (01/24) AMERICAN ENGINEERING TESTING, INC. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement in accordance with the provisions of the Agreement and related documents and shall survive any such termination. SECTION 18 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors, agents, and sub-consultants, to Client and/or Client’s employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney’s fees and costs) arising out of, resulting from or in any way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation in excess of costs received by AET for Services or $50,000, whichever is less. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. SECTION 19 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 20 - TERMINATION After 7 days' written notice, either party may elect to terminate this Agreement for justifiable reasons. In this event, the Client shall pay AET for all work performed, including demobilization and reporting costs to complete the Services. SECTION 21 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 22 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 23 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. Form W-9 Request for Taxpayer Give Form to the (Rev. October 201 B} Identification Number and Certification requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FonnW9 for instruction& and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. AMERICAN ENGINEERING TESTING, INC. 2 Business name/disregarded entity name, if different from above '" 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions {codes apply only to w 0, following seven boxes. certain entities, not individuals; see "' 0. instructions on page 3}: C □ Individual/sole proprietor or 0 C Corporation [a S Corporation 0 Partnership D Trustlestate 0 -~ single-member LLC Exempt payee code (if any) W C 0. 0 □ ,a-:.:. Limited liability company. Enter the tax classification {C=C corporation, S=S corporation, P=Partnership) ► ~ g Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting o.i:, £ ~ LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (if any} ~ -another LLC that is not disregarded from the owner for U.S. federal tax purposes. Other.vise, a single-member LLC that 0. " is disregarded from the owner should check the appropriate box for the tax classification of its owner. !E " □ Other (see instructions) ► (Apphes lo accounts mainta,ned outside the U . .S.) .. 0. 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optiona~ "' w 550 CLEVELAND AVENUE NORTH "' (/J 6 City, state, and ZIP code ST. PAUL, MN 55114 7 List account number(s) here {optiona~ . . Taxpayer Identification Number (TIN) I Social security number I Enter you~ TIN in_ the app_ro~ri~te box. "!"fl~ TIN provided must_ match the name given on line 1 to avoid backup wIthholdIng. For IndIvIduals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. [JI] -[D -I I I I I or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. I Employer identification number 41 -0977521 Certification Under penalties of pe~ury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) l have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sig e certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Here Signature of U.S. person Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.ir.s.gov/FonnW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN}, adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) cat. No. 10231 x Date ► • Form 1099-DIV (dividends, inc funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sates and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1 098-E (student loan interest), 1 098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Form W-9 (Rev. 10-2018) AMERCON12 -KREYNOLDS1 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY} ~ 12/11/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED 1 the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License# 20443386 _ij2ij!~cr Ann Ross HUB International Great Plains, LLC l.:J2."J~ ••it (6511288-5131 I r~. No1,(651) 286-0560 245 E. Roselawn Avenue --Suite 31 _ig'f"~~ss_~_nf!_~ros~@h_ubinternational.com ---Saint Paul, MN 55117-1940 ____ INSl,l_RER{_S) AFF0ROJN_G COVERAGE _ NAIC_j! ___ ---------___ Jll.§_@_r;_R_A_rJ_f]Q_e_ho~nix lnsura_n_c_~ __ c;:;om~ny 25623 -----INSURED AMERICAN CONSULTING SERVICES INC Jlli>JJ.B_ER_I!: The_lravelers lndemn~y Comp__Env of America 25666 AMERICAN ENGINEERING TESTING INC _1~_IJREB.. c: T~~elers Property ~asualty Com,pany of Americ_a 25674 AMERICAN PETROGRAPHIC SERVICES INC INSUfil.B...Q__;_Qb_arter Oak F_ire Insurance Company 25615 550 CLEVELAND AVE N 1Nsu~~-E: Continen_tal Casualty_ C_Q_ITIJ2fil1Y_ 20443 ST PAUL, MN 55114-1804 ·-------- INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS lS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Vv'JTH RESPECT TO vVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- --1,:\~~,!)L1~~R .. ~PLl%Y EFf .. 'r.§,!l lYPE OF INSURANCE D D POLICY NUMBER I ,f.Rld%'1.'.~~£'~ LIMITS A X COMMERCIAL GENERAL LIABILllY ~-H OCCURRENCE __ s 2,000,000 - --·: _j CLAIMS-MADE [K] OCCUR ---- P630539K8896PHX24 1/1/2024 1/1/2025 DAMAGE TO RENTED ,L-----1,000,000 ~. i-E'B.El,llSJ;_s (Fa Ql;_g/JJl;fl-C!:!..l ___ J.I_ED __ ~P (Any one per_50__fl_L_ ,$.. _____ 25,000 ---- 2,000,000 P_E;B_§_(}NAL & ADV IN_../_t,1_~..Y_ j__ ~. ------ 4,000,000 GlEN'L AGGREG_ATE LIMIT APPLIES PER Gj'._t-/_ERAL AGGRE_~..A_lE __ _L _-POLICY L8J m?, rxJ Loe . PRODUCTS· COMP/OP AGG s 4,000,000 OTHER: s B AUTOMOBILE LIABILilY _fil~~~l~~tflNGLE LIMIT·-s 2,000,000 ·-----_)( ANY AUTO -----8102L6457122443G 1/1/2024 1/1/2025 80\)ILYJJ::J)URY (P_~SQDl_ i----L----OV-.'NED SCHEDULED -AUTOS ONLY ___ AUTOS __ fil)DllY_INJURY ~[ acaj_~!:!!)_ ~---- ~LRTEffi, ONLY NON-OV.'NED PROPERTY DAMAGE i----~-------~ AUTOS ONLY (Per accident) _______ s C X UMBRELLA LIAB XI OCCUR ~QH OCCURl~J:~~ t-$ 15,000,000 ,- EXCESS UAB r---CLAIMS.MADE CUP3K2260092443 1/1/2024 1/1/2025 --- 15,000,000 ~-~;T x I RETENTION s 0 _AGGREGATE s s D WORKERS COMPENSATION W PER _l _IBTH-AND EMPLOYERS' LIABILITY B.18.I.UTJC_ _ ER_ --YIN UB9H9151012443G 1/1/2024 1/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE cm·· ~LEACH A_<;GIDENT ___ s OFFICER/MEMBER EXCLUDED? NIA 1,000,000 {Mandatoiy In NH) ~-'---Rl.$EA_§_t -EA EMPL_QY(:_1_ s -----If yes, d-es«ibe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT s E PROF/POLL LIABILITY ECH254066939 1/1/2024 1/1/2025 EACH CLAIM 10,000,000 E RETRO: 070287 ECH254066939 1/1/2024 1/1/2025 AGGREGATE 15,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requ!red) RENEWALS: contracts@teamAET.com ILLUSTRATION ONLY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ILLUSTRATION CERTIFICATE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESE.NTATNE ' '1~~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager SUBJECT: Professional Services Agreement with Future Focus Strategies for General Planning Division Support DISCUSSION With two (2) vacancies in the Community Development Department – Planning Division, interim support is needed to provide adequate customer service. Staff sought proposals from four (4) firms and is recommending Future Focus Strategies (Corrin Wendell). Ms. Wendell has over a decade of Planning and Community Development experience, including serving as a Community Development Director for a local community. Specifics of the agreement are attached hereto. RECOMMENDATION Staff recommends Council enter into the Professional Services Agreement. ACTION REQUESTED Motion to enter into a enter into the Professional Services Agreement with Future Focus Strategies for general planning support. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this _____day of ____________, 2024, by and between the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082, (“City”) and Future Focus Strategies, LLC, 1350 Como Boulevard East, St. Paul, Minnesota 55117 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional services; and WHEREAS, Consultant desires to perform the services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services (“Services”), as defined in the following documents: i. A proposal dated August 22, 2024, incorporated herein as Exhibit A. ii. Where the terms and conditions of this Agreement and those terms and conditions included in Exhibit A specifically conflict, the terms of this Agreement shall apply. b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement. c. Consultant agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement. The Consultant 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 Consultant agrees to receive and accept payment for Services as set forth in Exhibit A. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the 2 authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a weekly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement shall commence on the date listed in the initial paragraph of this Agreement and shall be in effect until terminated by either party pursuant to Section 4. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon thirty (30) days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses incurred until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in Exhibit A. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this 3 Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Joe Kohlmann to act as the City’s representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Corrin Wendell to be the primary contact for the City in the performance of the Services. She shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City 4 when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention: City Administrator Or e-mailed: jkohlmann@stillwatermn.gov If to Consultant: Future Focus Strategies, LLC 1350 Como Boulevard East St. Paul, MN 55117 Attention: Corrin Wendell Or emailed: corrinwendell4@gmail.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. c. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. 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. 5 e. 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. f. 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. g. 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. [The remainder of this page is intentionally left blank] 6 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: September 3, 2024 FUTURE FOCUS STRATEGIES, LLC ("CONSULT ANT") By: {! Cc I v w&-2 ~yy\;\ 'vJ~\/\Je_\\ I Its: 6 l,,»ae ✓ Date: f> / J 1> f ~ 4 7 Proposal for Interim Planning Assistance for the City of Stillwater To: City of Stillwater Community Development Department From: Corrin Wendell, AICP, Future Focus Strategies, LLC Date: 8/22/2024 Overview Future Focus Strategies, LLC is pleased to submit this proposal to provide interim planning assistance to the City of Stillwater. We recognize the importance of maintaining seamless planning operations and ensuring ongoing projects and initiatives continue to move forward efficiently. Our team is equipped with the experience, expertise, and dedication needed to support the City during this interim period. Scope of Services 1. In-Office Support: ●Hours: 20 hours per week total ●Days Onsite: 2 days per week (16 hours) ●Duties: Provide onsite support for planning-related inquiries, attend meetings, review and process planning applications, and liaise with city departments and stakeholders. 2. Offsite Duties: ●Review documents and prepare reports. ●Respond to email inquiries and provide guidance on planning-related issues. ●Coordinate with other city staff and external partners to advance planning initiatives. ●Support ongoing projects, including zoning amendments, comprehensive planning efforts, and development reviews. 3. Additional Services: ●Provide expertise on special planning projects as needed. ●Assist with the transition process when a permanent planner is appointed. EXHIBIT A Fee Structure: Weekly Commitment:20 hours per week (16 hours provided on-site,4 hours provided off-site) Total Monthly Cost:$12,000 Alternative Fee Structure: Weekly Commitment:20 hours per week (Evening meeting hours on-site,virtual meetings during daytime hours) Total Monthly Cost:$8,000 Payment Terms: ●Invoices will be issued bi-weekly and are due within 30 days of receipt. ●Payment can be made via check or electronic transfer. Conclusion Future Focus Strategies,LLC is committed to providing exceptional service and ensuring the City of Stillwater's planning operations remain effective during this interim period (estimated 3-6 months).We are confident in our ability to meet the city's needs and contribute to the successful management of its planning responsibilities. We look forward to the opportunity to work with the City of Stillwater.Please feel free to contact us with any questions or to discuss this proposal further. Prepared by: Corrin Wendell,AICP Owner Future Focus Strategies,LLC corrinwendell4@gmail.com (763)453-9377 About Corrin Wendell,AICP Corrin Wendell,AICP is the Owner of Future Focus Strategies,LLC,a planning consulting firm providing public sector planning services.Corrin has served local governments in urban planning as a Community Development Director for nearly 20 years.She is a member of AICP and a two-time graduate of The Ohio State University,where she received a Bachelor of Science in Architecture and a Masters of City and Regional Planning.Corrin's passion for the planning profession has been cultivated over a 20-year career spanning diverse planning disciplines including architectural and urban design,regional and land use planning,comprehensive planning,zoning administration,and community engagement. DATE: September 3, 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 authorizing the Mayor and Clerk to enter into contract, upon City Attorney review ACCEPTING BID AND AWARDING CONTRACT FOR THE 2024 ST. CROIX RECREATION CENTER ROOF REPLACEMENT PROJECT Page 1 of 7 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 J&A 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 2 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 3 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 4 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 5 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 may be 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 6 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 7 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: CONTRACTOR: CITY OF STILLWATER J&A Construction and Commercial Roofing, Inc. By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: 2872 US Hwy 63 216 N. 4TH STREET STILLWATER, MN 55082 Barronett, WI 54813 Mick Greiner 651-430-8831 mgreiner@stillwatermn.gov John Kaufmann 715-790-0460 jonathan@janorthwest.com License No.: (where applicable) City of Stillwater St. Croix Valley Recreation Center -Reroof Project Specifications SECTION 004113-8ID 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 . ..... L ..... um .......... p"""'s~u=m"-'--"p~r~ic---e ___ : .....,$ __ 6~7 .... 9'-'-.5 ....... 0 ___ 0 ________________ dollars and _---=0"""'/0=0 Unit Price 1: Replace any damaged or deteriorated insulation (See 012200 Unit Prices) Installed Price Per Unit:____.$_4.,_ ______ dollars and. ___ --0/....;;;0 __ 0 Unit Price 2: Replace any damaged or deteriorated Plywood / Blocking (See 012200 Unit Prices) Installed Price Per Unit: __ $_ .... 8---______ dollars and _____ 0/....;;;0 ...... 0 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 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 J&A 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 J&A Northwest Construction 715-790-0460 µ ·'S'k~ 0~ w,c;.coi'lSlf"I C vvVlfy 0\-l:)c,rro>" '5'f tt ~-e.f ore. lN'e..-Ot'\. (). ~l--/ I ri_o 1 '1 lo'-( •j,-r-e~ JAvll, K\A , ~~ B :l \ \'"t-vf '3(fa ,...~\l1 /J o\wy My comm1u1on expires ~ if J.-e;,.,,, b"r'l5, 2JJ2.-1 Photo courtesy of William Schrock 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. *Conklin offers limited non-prorated material or total manufacturer's warranty covering bot/J lab or and material (additional costs will apply) to our distributors once t/Je required documentation is sent to Conklin and approved. 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 I I I ' l ' .. . ) Recoup your costs A great return on investment is another important reason to install a Conklin Fabric-Reinforced Roofing System. Many (-'']tisfied 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. 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 Ill® 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 Root • HV can only be used on concrete when it is used in the Fabric- Reinforced System. 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 II I . <8> APPAOVID RS0820_078584N _ 1220_SELL SHEET _FabricReinfo rced ©2020 Conklin Company Inc , Manufacturer: Conklin Company Inc. 551 Valley Park Drive Shakopee, Minnesota 55379 {800) 888 -8838 Fax (952) 496 -4285 Product Description: Basic use: Benchmark® is an elastomeric, acrylic, monolithic roof coating in a bright white finish. It is designed to completely waterproof a number of approved substrates, which includes: 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 area¼" deep or more, 48 hours after a rain, shall be considered unacceptable. Small "bird baths" cannot account for more than S percent of the entire roof surface. Sizes: Available in 5-gallon containers, 55-gallon drums and 220-gallon mini-bulks. Coverage Rate: Benchmark should be applied at 1.9 gallons per 100 square feet. Companion Products: • Benchmark® Base Coat • PUMA® XL • Prime Time® • Tack Coat • Encase® Metal Primer Testing & Approvals: UL-790 Fire Class "A" Rating Hall Rating UL Class "4" TGFU.R8435 FM Severe Hail 4470 ICC Approved Fire Retardant US Dept. of Energy Energy Star Rated CRRC Approved Technical Data: Resin Type Acrylic Color White Coverage 1.9 gallons per 100 sq. ft. Density 10.8 lbs./Gallon Thickness 13.5 dry mils per coat Number of Coats Base & Top Coat Dry Time"'* 2-8 Hours Total Solids (by weight): 65% (by volume): 54% Elongation 340% (Base & Top) ASTM D-412 Tensile Strength 410 psi (Base & Top) ASTM D-412 Flexibility Pass 1/8" Mandrel -40° F ASTM D -1737 Standard Test Pass -ASTM 06083-05 Method for acrylic coatings Initial Reflectivlty: 0.85 -ASTM E-903 Aged Reflectivity: 0. 72 -ASTM E-903 Initial Emissivity: 0.89 Aged Emissivity: 0.89 Initial SRI: 107 Aged SRI: 0.88 VOCContent 44 g/L (0.37 lbs./gal) • Refer to Underwriters Laboratories Roofing Materials and Systems directory for specific fire resistance assemblies or contact Conklin Roofing Systems. ••ory 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. Benchmarkc~, Specification Data Sheet Benchmark® Acrylic Elastomeric Roof Coating -Premium Application: Mixing: The mixing of this product is dependent on age, storage conditions and containers. Please contact the Building Product division I 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". Appllcatlon: 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 S0lbs.perl00sq.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. Safety: 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 kl')own 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. .......... ------• ............ ____ ~ ;;, ROOFING SYSTEMS ©Conklin Company Inc. 2022 02112022 360-S Urethane Sealant Specification Data Sheet 360-S® Urethane Sealant Moisture-curing Elastomeric Urethane Sealant Manufacturer: 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. (300ml) cartridge 52 linear feet. Companion Products: • Rapid Roof Ill®, Rapid Roof HV, Equinox®, Benchmark®, & PUMA XL® • Flexlon XL® • OUTPOST® • Affinity® Product Properties: Resin Type Color Tensile Strength Elongation Flexibility Temperature: Dry Time* VOCContent 100 % Urethane Base White and Bronze ASTM D412 350 psi ASTM D412 800% ASTM D746 -40°F Do not apply at temperatures less than 40° F. or during inclement weather Tack Free heavy skin after 24 hours (7SF 0 and 50% RH) Full Cure 7 days 35 g/L (0.29 lb. /gal.) *Cure time for 360-S 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. 360-S Urethane Sealant Specification Data Sheet 360-S® Urethane Sealant Moisture-curing Elastomeric Urethane Sealant 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. Safety: Warning: HARMFUL OR FATAL IF SWALLOWED. CONTACT A 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. voe 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 Hl:.K WAKKAN 111:.::> l:.Xl'Kt:.::>::>t:.U UK IIVll'Lll:U. 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 ) Fast. Tough. Smart. Fast Tough Smart Requires less drying time than other coatings Protects for yea rs Offers significant energy savings PUMA XL is the latest product in the Conklin family of advanced-technology, premium roof coatings. It combines the best performance of urethane and acrylic polymers to create a seamless membrane with excellent adhesion to many different substrates. Compare to 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 formulated for use with the following Conklin Roofing Systems: • Spray Polyurethane Foam (SPF) • Fabric-Reinforced • MR® System for metal roofs ti) (1) ~ '--(/) .0 :::, (/) <x: ..... 0 I.I.. >, 0) 0 0 C ..c:: (.) ~ ..c:: en :::, ~ -I X <x: ~ ::::, a.. I I PUMA ® XL -Easy Application, Superior Protection 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* Technical Data: Resin Type Color Coverage Density Thickness Number of Coats Dry Time** VOC Content Elongation Tensile Strength Flexibility Solar Reflectivity Standard Test Method for acrylic coatings Class "A" Modified Acrylic White 1.9 gallons per 100 sq. ft. 12.0 lbs./Gallon 13 .S dry mils per coat Base & Top Coat 2-6 Hours 44 g/L (0.36 lbs./gal) 250% (Base & Top) 625 psi Pass 1/8", Mandrel -40°F 85% Pass ASTM D-412 ASTM D-412 ASTM D-1737 ASTM E-903 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. Optional Warranty Program Our optional warranty programs for your new Conklin Roofing System include limited material and manufacturer-backed labor and materials warranties up to 18 years. Contact your Conklin roofing contractor for more information. ® PUMA XL is listed under UL 790 Class "A" Fire Rating RS0820_079285C_0613_ssPUMAXL ©2013 Conklin Company Inc. CONCUN Learn more about Conklin Roofing Systems ROOFING by contacting the Conklin Contractor SYSTEM below for a roof inspection and a quote. PUMA\!!' XL Specification Data Sheet PUMA® XL Polyurethane Modified Acrylic Roof Coating Application: Mixing: The mixing of this product is dependent on age, storage conditions and containers, Please contact the Building Product division I 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 SO lbs. perl00sq.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. Safety: 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 lS 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 Polson 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 . ---~ia•-------= =-·-=== :::: == ......... ____ _ !if) ROOFING SYSTEMS ©Conklin Company Inc. 2022 02112022 ) PUMA(i3, XL Specification Data Sheet PUMA® XL Polyurethane Modified Acrylic Roof Coating Manufacturer: 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 ¼" 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 Testing & Approvals: UL-790 Fire Rating Class "A" Hall 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 mils 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 psi (Base & Top) ASTM D-412 Flexibility Pass 1/8" Mandrel -40° F ASTM D -1737 Standard Test Pass -ASTM 06083-05 Method for acrylic coatings Initial Reflectivity: 0.86 -ASTM E-903 Aged Reflectivity: Pending lnltlal Emissivity: 0.9 Aged Emissivity: Pending Initial SRI: 109 Aged SRI: Pending voe 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. What Conklin Cool Roofs Do for You • Reduce air conditioning bills • Increase roof durability • Lower air temperature surrounding air conditioning unit • Help lower the heat island effect Ambient Temperature 90° F: Statistics taken from www.reliant.com • \ I \ I \ I \ I \ I \I Reflectivity 5%Low SRI* 3 , Surface n I 180°F 0 I Black Asphalt • I I I I • I ,, Reflectivity 6Q%Mid SRI* 55 .. .. . . , , , , I I I I ... .... ' ... I I I I , , , , Aluminized Coating • Provide sustainable roofing systems • Reduce the amount of landfill waste by recoating the existing roof • I I I I • I ,, ' Reflectivity 85% High SRI * 107 Surface 100° F Conklin Cool White Roofs *Th e Solar Reflectance Index (SRI) is a measure defined by the Lawrence Berkeley National Laboratory as the roof's ability to reject so lar heat, as shown by a small temperature rise . It is defined so that a standard black (reflectance 0.05, emittance 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 ... ·,, ...... 100 .... ••: 90 --80 I 70 60 I 50 ~ ,10 85 85 82 85 89 J JO ~ 10 -~ "' 10 .,. ! 0 --79 Benchmark• Rapid Roof Ill~ Rapid Roor' HV PUMA• XL FLEXION' XL PVC OUTPO ST'TPO 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 11 I 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. II I FLEXION" XL, PUMA ® XL, Benchmark", Rapid Roof Ill ", 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 . RS0820 _078844l_0220 _Se11Shee1Coo 1Roofs ©2020 Conkl in Company Inc , marethondreins.com I P 800.828.8424 I F 716.332.7676 ECONOMY ALUMINUM QRAIN • Available In Sizes 2", 3", 4", 5" & 6" • Constructed of Heavy Duty (.081) Spun Aluminum • 12" Long Outlet & 16" Diameter Flange • Bolt-In-Place 5" Aluminum Strainer COPPER-TITE • A Retro-Flt Insert Copper Drain • Seals Securely within Existing Pipe (OPPEK -TITE TM • 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 Flt • Fits Drains 2" (51mm) to 10" (203mm) • Avallable 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 y y COMPRESSED SEAL EXPANDED SEAL ))proximately 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. CTS 29 CR{E} COPPER-TITE features a 2" (51mm) 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. PROLINER STRAIGHT DRAIN WITH CLAMPING RING Use appllcatlons 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 ls recommended for single ply systems. CLAMPING RING made of rigid materlalto provide consistent -- pressure: Is recommended for slngle ply systems. STRAINER 10" ~--diameter; 3 bolt attachment: high density polyethylene standard: cast Iron allor, optlona. FLANGE, 18" diameter 20oz. copper for graveled or smooth roofs . Choose drain flange surface options best sutted for Avallable In 2", 3", 4", 5", 6" and Non Standard Sizes re-roof system being used; Asphalt PRIMED for BUR and Modlfled Bttvmen. PLAIN for EDPM Rubber and Hypalon. PVC COATED for PVC and other thermoplastlc systems. Clamplng ring optton Is recommended for single ply systems. 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 mechanlcal, metal-to-metal seals, locklng the Prollner Info place wHh permanent watertight seals. -=,man .. ,.,,,,,.,. 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 • NEW Carton Design FEATURES • All Alumlnum Retrofit Drain with Aluminum Body • Constructed of Heavy Duty Spun Aluminum for Quick & Easy Installation J.\LUMINATOR UtJ.IUlli.u fllRGOrDlltll NEW Carton Design • Standard with ProSeal Rubber Seal • Larger Stud Diameter for Increased Strength of Hardware • Available In Sizes of 3", 4", 5" & 6" NEW Aluminum 2" Overflow Ring ProSeal Seal WARNING once,(lnd 119ptoducrt.e Ham, .,,..,66V/<rilol,CO.g(III PVC Coating Only • Heavy Duty Alumlnum 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 • Includes Strong Mechanical Seal that Prevents Water Back-up Issues '10" Diameter x 6" Tall • Flange Diameter 16" • Drain Outlet Length 12" • Available In Copper (Special Order Only) ALUMINUM FAST FLOW • 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 • Bott-In-Place PVC Strainer Dome Standard, Cast Iron or Aluminum Strainers Optional • Efficient & Economical • Optional Anti-Backup Seats Available • Optional Aluminum 2" Overflow Ring Available lntlmldator 8" Aluminum Retrofit Drain with Clamping Ring -Available with Optional Back-up Seal & Aluminum Ring & Dome. IPCb~m-·ml (;fi)-~@J I J ,i.111.-:.1!!:~1..., I • C9ll"'1).f-•-F'CLYO!l\Ell1i;ffll.tjNEI\ ~~ ~ ,aD~it •.!co,·,~::::~:~ "':--~-~@ •--:,m •=~~11~""a LI ~ "-=:-- ~('!; ~f .. 'WM~mi" ~ / ,, 11 Marathon /Tl Raaf/ng Product• ALUMINUM GUTTER DRAINS • Available In 3ft 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 • Avallable with 5" Aluminum Strainer • Avallable with TPO or PVC Coating • Available with Expanding Tape for Back-up Issues / DURA ROOF DRAINS .. I I ,. -12•1/4'-j 1 11-11, I CANTED SCUPPER DRAIN t DURA RETROFIT ,. I NON-CANTED SCUPPER DRAIN NEW PR □ DOME The top of the dome swings open by loosening one screw. This allows for quick and easy cleaning as well as additional security. 2. 75" LOW PROFILE ALUMINUM STRAINER PVC/TPO COATINGS marathondrains.com I 8 □□.828.8424 ProSeal Seal • Available In 2", 3", 4", 5" and 6 • Dura Retrofit Drains I 11-3/4 • Dura Scupper Drains I • Accessories • Compatible with Bur, Modified, and Epdm DURA RETROFIT ANTI-BACKUP ROOF DRAINS Made of thermoplastic rubber, highly resistant to ultraviolet sunrays, and other atmospheric and chemlcal conditions. Order basket strainer separately. Alumlnator with 2" Aluminum Overflow Ring Our Alumlnator Flange has the option to be PVC or TPO Coated for direct hot air welding of PVC and TPO type roofing membranes. ,~EW 2" ALUMINUM OVERFLOW RING Acts as both a clamping ring and overflow ,¼.WARNING Cancer and Rel)!oducttve Harm www.P6SW01nlng~co.gov 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 roofs 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* J&A Roof Care Program Yearly 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 (PRINT) ____________ _ Customer (SIGNATURE) ___________ DATE: _____ _ Sales Rep (SIGNATURE) ___________ DATE : _____ _ INSPECTION REPORT Inspected by: Customer: Address: What to Check Gutter and Collector Heads Scupper Boxes Roof Drains Pitch Pans Curbs and Flashing~ RTU curbs and Service Area Crickets ~xpansion 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 Poslti_ye Drainage Skylights and Flashing Kits Thermal Blistering to Membrane Membrane Delamination / Shrinkage NOTES: OK Date: Contact: Phone Number: - Needs Attention N?A City of Stillwater -St. Croix Valley Recreation Center Reroof Project 1675 Market Drive Stillwater, MN 55082 CONSTRUCTION DOCUMENTS APRIL 12, 2024 (!,~~'t}QfL~ ::: t=',;-"aee.-"-Nt ' == ANNOTATION LEGEND /1\ -D£:IIOPl.ANl<l'.YICllE <:.--..... .,.,,.,.. 1, (;~)gy ·.-,-r-----i (~'°!) '----' GENERALNOTES ,a:amucn::aR51W.J,,ASsUIIETl'WAU.~.IIC1Ml"l!!SWU.~ DSRlrfl)EO,,...Vc,pev,,TDGQF™EONER :. ~~"\k,-~<XHfflONG.EICAICl~NN J. comuicnRSHIW.08TMtAU.l'El'laT31'1EQa:teDfOM~NEH.Y ·~~=~~~~ S. A1..1.CONmlC1'0559ril.~CREJla:EDMI..SVITEOF~AAN>arrOf !Jn.J.-lUlc:ocES IN>SJNDIIRDS CONTRACTOR REQUIREMENTS ~~~~AU..VOOl.~TTOeo-.EfE THE ~1\11.~11,t~IMl,U._ I ~'l'l'IWt,IIIWWl'll,Wl'N~l'.IRllf.111 , ~'flOlll'~~101'tf°~...:',IIIIIIIIU'l.,;;,o --' ..... alllJaAJIQ.llll.l!fNGOi l OCDOOOtoD......,.,UDtlO..__,...IO llUll.1-C-~ • ~~~':::.c.""'"'f#MJl~""'°"'ac,~or••~~ • .xrT~J11G~armr.c.MrCDCl'h::llllt.T..-.J1111Ce1o.wu;r a. lllmt~=~~~~ atWIWCOfflltCTOIMl H/CIJtt.a ~-..uGillllll[Dl)O~....,...llilli\lroM.. I IIAQol.~11::1111.-UPACOfT~~-~lfOit#ti.O,,rt'nl,c .-.,-.....~~10Qlllf'\l"W,,l .'WCllfa.. &. ~'"==:,.~l'Oll"IIQ!m'DIIIIIO t ... M~·or·1U'ft.C'9"-a ~.-0-- 0Cf"~1Q ..... ·,,,,or.:m:,,m~ff'QltC~tlrr,c IIIEUTm~RJII l'IB.O'olDW'ICA1'\0tl~""'1W:llilfOf StlCP ~~TO~ll'JJl,llf'PACNN..OAFl:S.D~lelol~#<Nt msa:_~~~=-:~~=:_, 11 =,__~·::::::.~~="~ f\ HAGEN., CHR1STEN9EN & MCILWAJN -'l•CMITC.'-'TI &illwater -==-~.~ -I M"'by carllh Lh<>I lh;~ p"'r.,. ~p~,/i~ol;on, "' ,c~vt1 .,,~. PNl'<lrOd t>, ,,,. "' "ndo. ""I' ~,,...,_, :~~;,.,;:~:n r:;: ~~"1 1 ~ •;~~~• tt~~;o:::-• "'' a;,. 1 ~!I.,,,=_ ---+-.,o,-.f- f ~-'i"A--1-- ll<LI~ D-</l"Jf'/07~ 1;,...,,..,. ,._.,.i,-. ~llli~ - @ ...... City of Stillwater -St. Croix Valley Recreation Center Reroof Project 1575-Dlt>'@-.M~ COVERSHEET ,.._,._,, ao.o ,l~ /I ~ ~1 I . ' ·1 l • l '- ' 5~ .. \.. \. •·.!. r~ ~2.::: .,-~, ---~-....... t•t. 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STATE ANO l PRIIIUft'"liQCll"TCPala:HIONICALea.»'VEHTBHONNl"Ol'l~ONLI'•i'IOT AIJ..I.Q00,.1lON6 TYPES llNO S1ZE&.-st10M-1-GB<IERl>,L~i0Ra.D =-EJ.ISTIHGCONDTION!TCCETEAMll'EMR.ILI.EXIENTOFTHEREROOF ~ ~-==..cr~~=T~~R:R ~~.TTPE6,SIZIHGJTO=-TKEFUI.L&IENTOFTliER:EROOF ~ OWNER"SIEOWIICAL./8.ECTRJCALVE~W.U.DISCQ.NECT llOCMFY,NO llECOMeCl'N.1-ROOfTCPUEO-IANICAI.EO'JPtEWT UTI.ITYPi'INO,\ND El.ECTRla.L EQIJl'MENT AS REal.HRED-GENBW. 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The Planning Commission denied the application and adopted the following ‘Findings of Fact’ in Resolution PC 2024-07 on August 28, 2024: 1. There are no unique physical conditions that necessitate having a pool. 2. Requesting a pool larger than allowed by City Code is not a practical difficulty. The Resolution is attached. The Applicant, Nik Hawley from Performance Pool and Spa (the Contractor), has appealed this decision to the City Council. It is important to remember that appeal hearings are not public hearings. The Council’s decision is not based on new information or new evidence but is based on the record established at the Planning Commission and should only be overturned if the Planning Commission was in error. The Applicant is seeking a Variance from the Planning Commission to permit the construction of a pool in the backyard of 3393 Pioneer Place, increasing the total allowed structure impervious to approximately 41.7% coverage. The project area is located at 3393 Pioneer Place (PID# 3003020340014) (the “Property”) within the TR (Traditional Residential) Zoning District and a Lake Shoreland Management District. The property has frontage on Pioneer Place and has residential neighbors on all sides. The project site is a 14,256 square foot residential lot which contains a two-story single-family dwelling and an attached garage built in 1999. The City Council recently denied an appeal to a Variance Denial for a very similar case. In that instance, the Council directed a priority study to see if there were opportunities to allow increased lot coverages for neighborhoods that have certain dedicated common open space. Staff met with the DNR and applicable Watersheds in early August. Through the meeting it was clear that an overall increase to impervious surface on development wide scales was not possible as stormwater management systems in these developments were not designed Qjil~te~ T HE B I A T H P L A C fc OF M I NNE S O T A ) to accommodate an increase to impervious surface coverage. Further, the stormwater management systems in the Liberty development are considered substandard by today’s requirements. It was discussed that impervious surface limits for Shoreland Districts exist to protect habit and site development, beyond just stormwater maintenance. It was acknowledged by the Brown’s Creek Watershed that since Stillwater has enacted stronger stormwater management and impervious surface limits, the status of all the lakes within the City have improved and stressed that the current City approach is working. ANALYSIS The Traditional Residential Zoning District has no requirements for maximum lot coverage. Lake Shoreland Management Districts allow a maximum of 25% impervious surface coverage. Currently, the project site has approximately 34% (4,913 square feet) of impervious surface coverage, which is over the allowed coverage. The original As- Built shows the property with a main dwelling, attached garage, driveway, porch and two small rear decks at approximately 30%. Since original construction the decks have been expanded and a patio has been added behind the main dwelling. The project site currently has no remaining impervious surface that could be used without the need for a variance. The property is part of Liberty on the Lake (the Development) which coordinated with the watershed districts at the time of development. This property is in the Brown’s Creek Watershed District. Staff cannot locate records indicating a superseding lot coverage agreement. Staff acknowledges that since the time of this development there has been a change in impervious surface interpretation that now includes decks as part of impervious surface calculations, when they were not at the time of this development. Staff also acknowledges that there are two instances of pools being approved in this development that put their respective lot coverage over the 25% allowed in Lake Shoreland Management Districts. The proposed action seeks to allow the construction of an approximately 1,034 square foot pool, deck, and equipment pad to accommodate a 17’ by 36’ pool located behind the house. The proposal would increase the lot coverage to approximately 41.7% (5,947 square feet), an increase of approximately 6.7%. In addition, the applicant also designed a drain tile system to direct stormwater run off from the property though the system to mitigate a portion of the additional impervious surface. The applicant believes the mitigation system would compensate not only for the additional impervious surface of the project, but the previously installed overages of impervious surface. Because the impervious surface coverage requested by the Applicant exceeds the 25% threshold regulated by City Code, a variance is required. Minnesota State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the ‘practical difficulty’ test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Required 25% Structural Impervious Surface Requirement: A. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. i. Finding the request reasonable, as it relates to strict compliance of the plain language of the Zoning Code, is questionable. While the request conforms to all other dimensional standards, no additional impervious surface could be permitted by code. The lot is already over allowed impervious surface. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner. i. The plight of the landowner is created by landowner’s desire for a pool and not unique to the property. ii. Any argument for a variance on this property could be made by any resident in the Liberty development that is within a Shoreland Management District. C. The variance, if granted, will not alter the essential character of the locality. i. Granting the variance to approve the construction of the proposed pool will not alter the essential character of the neighborhood. The pool will be situated behind the house. Other homes in this development have pools similar to the one being proposed. D. Economic considerations alone do not constitute practical difficulties. i. The request to construct a pool is not based on economic considerations. The Planning Commission found that the applicant did not meet the practical difficulties test and denied the variance. Please see the resolution of denial adopted by the Planning Commission. ACTION REQUESTED If you see no error in the Planning Commission’s basis for denial, you must uphold it and Move to uphold the Planning Commission’s Resolution of Denial. -OR- If you believe that the Planning Commission made an error, you should make the following motion: Move to Overturn the Planning Commission’s Resolution of Denial. You will then need to articulate why the applicant meets the practical difficulties test so that an appropriate resolution can be prepared. City of Stillwater Washington County, Minnesota RESOLUTION PC 2024-07 RESOLUTION ADOPTING FINDINGS OF FACT TO SUPPORT A DENIAL OF A VARIANCE REQUEST TO EXCEED THE MAXIMUM ALLOWABLE IMPERVIOUS SURFACE OF 25% AT 3393 PIONEER PL (CASE NUMBER CD2024-032) WHEREAS, the City of Stillwater received a Variance request from Phil Gropel (“Property Owner”) of 3393 Pioneer Pl, legally described on Exhibit A (“the Property”), to allow for the construction of a 1,034 square foot pool, deck, and equipment, exceeding the maximum impervious surface for structures by 16.7%; WHEREAS, the maximum allowable impervious surface in the Lake Shoreland Management district is 25%; and WHEREAS, the Planning Commission considered the Variance at its July 24, 2024 meeting, held a public hearing and took testimony from the public. NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Stillwater hereby adopts the following written findings for denial of the variance to exceed the maximum allowable impervious surface of 25%: 1. The requested Variance was not consistent with all the practical difficulty requirements for granting a Variance as described in City Code Section 28- 83. Specifically, there are not unique circumstances on the Property necessitating a variance to the impervious surface. 1) There are no unique physical conditions that necessitate having a pool. 2) Requesting a pool larger than allowed by City Code is not a practical difficulty. Adopted by the City Planning Commission this 28th day of August, 2024. CITY OF STILLWATER John Dybvig, Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant’s Property Address: 3393 Pioneer Pl PID: 3003020340014 Abstract Property Lot 5, Block 4, Liberty on the Lake, Washington County, Minnesota From:Nik Hawley To:Katriona Molasky; Nicolette Gropel; Husband Gropel; Beth Wolf; Planning Dept Subject:Re: 3393 Pioneer Pl Variance Appeal Date:Friday, August 2, 2024 11:05:22 AM Attachments:image003.png image004.png image005.png [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you. We would like to appeal the variance denial for the following reasoning: A prior variance request within a separate Stillwater Planned Unit Development (PUD) was recently denied. Opening comments within our July 24, 2024, public hearing eluded to this variance denial as established precedence to ours. Our variance is a separate property, in a separate Planned Unit Development (PUD), with an engineered stormwater mitigation plan. The engineered mitigation plan, at our expense, will improve the current property. A recommendation to deny is a recommendation not to improve. Regarding precedence, an aerial review of our property will display 19 pools within similar proximity to our property. Two of these pools were built at the same time our home was purchased in 2017. As new property owners intending to install a pool, it was understood this was possible, as our Planned Unit Development (PUD) has established a specific amount of dedicated green space. Thank you for consideration. Phil or Nicolette will drop the check off at city hall today Sent from my iPhone On Aug 1, 2024, at 2:56 PM, Nik Hawley wrote:  Thank you as you noted can you send me the language about appeals and we’ll put a formal request in with check by tomorrow. Nik Hawley Sales Manager Performance Pool & Spa www.performancepools.com <image003.png> From: Katriona Molasky <kmolasky@stillwatermn.gov> Sent: Thursday, August 1, 2024 2:33 PM DATE: July 24, 2024 TO: Honorable Chair and Planning Commissioners FROM: Katriona Molasky, Assistant City Planner SUBJECT: Case No. 2024-32: Variance request to exceed the required structural impervious surface and facilitate construction of a pool located at 3393 Pioneer Place BACKGROUND The Applicant, Nik Hawley from Performance Pool and Spa (the Contractor), is seeking a Variance from the Planning Commission to permit the construction of a pool in the backyard of 3393 Pioneer Place, increasing the total allowed structure impervious to approximately 41.7% coverage. The project area is located at 3393 Pioneer Place (PID# 3003020340014) (the “Property”) within the TR (Traditional Residential) Zoning District and a Lake Shoreland Management District. The property has frontage on Pioneer Place and has residential neighbors on all sides. The project site is a 14,256 square foot residential lot which contains a two-story single-family dwelling and an attached garage built in 1999. ANALYSIS The Traditional Residential Zoning District has no requirements for maximum lot coverage. Lake Shoreland Management Districts allow a maximum of 25% impervious surface coverage. Currently, the project site has approximately 34% (4,913 square feet) of impervious surface coverage, which is over the allowed coverage. The original As- Built shows the property with a main dwelling, attached garage, driveway, porch and two small rear decks at approximately 30%. Since original construction the decks have been expanded and a patio has been added behind the main dwelling. The project site currently has no remaining impervious surface that could be used without the need for a variance. The property is part of Liberty on the Lake (the Development) which coordinated with the watershed districts at the time of development. This property is in the Brown’s Creek Watershed District. Staff cannot locate records indicating a superseding lot coverage agreement. Staff acknowledges that since the time of this development there has been a change in impervious surface interpretation that now includes decks as part of impervious surface calculations, when they were not at the time of this development. Staff also acknowledges that there are two instances of pools being approved in this CO P Y (5til~te~ l H E---:-1 A l H P L A C ~ 0 > M I N N E S O I A ) development that put their respective lot coverage over the 25% allowed in Lake Shoreland Management Districts. The proposed action seeks to allow the construction of an approximately 1,034 square foot pool, deck, and equipment pad to accommodate a 17’ by 36’ pool located behind the house. The proposal would increase the lot coverage to approximately 41.7% (5,947 square feet), an increase of approximately 6.7%. In addition, the applicant also designed a drain tile system to direct stormwater run off from the property though the system to mitigate a portion of the additional impervious surface. The applicant believes the mitigation system would compensate not only for the additional impervious surface of the project, but the previously installed overages of impervious surface. Because the impervious surface coverage requested by the Applicant e xceeds the 25% threshold regulated by City Code, a variance is required. Minnesota State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the ‘practical difficulty’ test. •The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. •The plight of the landowner is due to circumstances unique to the property not created by the landowner. •The variance, if granted, will not alter the essential character of the locality. •Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Required 25% Structural Impervious Surface Requirement: A.The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. i.Finding the request reasonable, as it relates to strict compliance of the plain language of the Zoning Code, is questionable. While the request conforms to all other dimensional standards, no additional impervious surface could be permitted by code. The lot is already over allowed impervious surface. B.The plight of the landowner is due to circumstances unique to the property not created by the landowner. i.The plight of the landowner is created by landowner’s desire for a pool and not unique to the property. C.The variance, if granted, will not alter the essential character of the locality. i.Granting the variance to approve the construction of the proposed pool will not alter the essential character of the neighborhood. The pool will be situated behind the house. Other homes in this development have pools similar to the one being proposed. D.Economic considerations alone do not constitute practical difficulties. CO P Y i.The request to construct a pool is not based on economic considerations. Staff believes that the plight of the landowner necessitating the variance does not meet the practical difficulty test nor is it unique in its physical characteristics. RECOMMENDATIONS Based on the plight outlined by the landowner that they would like to have a pool that their property does not have the additional impervious surface allowed to accommodate the project, staff believes this does not satisfy the required practical difficulty requirements. Staff recommends denial of this request. The City Council recently denied an appeal to a Variance Denial for a very similar case. In that instance, the Council directed a priority study to see if there were opportunities to allow increased lot coverages for neighborhoods that have certain dedicated common open space. Staff is meeting with the DNR and applicable Watersheds in early August. Staff would highly recommend not approving any Variances in these situations until a broader, comprehensive, and equitable approach can be reviewed. ACTION REQUESTED Motion to deny the Variance for Case No. 2024-32. CO P Y Qilllwa~ Site Location: 3393 Pioneer Place -Variance '"''""""' :;:::::')') July 2024 ---=====::J Feet 0 175 Gropel, Phil & Nicolette 3393 Pioneer Place Stillwater mn 55082 To Whom this may concern, We are applying for a 17x36’ in ground swimming pool variance for our Liberty on the Lakes, Stillwater, property. Our pool contractor is Performance Pool & Spa (PPS), and Nik Hawley is our representative. In this letter we will describe in detail the variance request, why it is needed, and how we will improve the property upon approval of said variance. Everyone involved in this process’s time, thoughts, and energy is greatly appreciated as we embark on this project. In 2017 we purchased our house on Pioneer with the intent of purchasing a swimming pool for the backyard. Within the same year of 2017, Performance Pools built 2 pools that year in the Liberty neighborhood. One at 655 Newman Trail and one at 3527 Eben way. Both of which had hardcover calculations over 31 and 30 percent respectively. Although the Newman property needed a variance it was for setback technicalities and not hardcover restrictions. This led us and PPS to understand so long as we are within appropriate city setbacks, when the time was right, we would be able to get our family the lifelong dream of a swimming pool. Having known otherwise would have impacted our decision to purchase this home in Stillwater. It came as a surprise to us and PPS that as we were gathering appropriate documents and information to apply for the pool project there was now an imposed 25% limit. More surprising is that our property and other similarly located properties are all already above the 25% limitation, which suggests that ours and many other homes would not have been built given the currently enforced code. Understanding the rational for hardcover limitation we have developed a storm water mitigation plan to not only mitigate the added pool project, but also go above and beyond to mitigate our entire property back to the enforced 25% limit, thus improving the property dramatically from where it stands today. As you page through our plans and cut sheets, you’ll see that we are installing a pool that is a little bit under the average swimming pool size of 18x36’. We also are only proposing the minimum patio space around the pool (3 feet) to help minimize our impact with this project. What you’ll see is that our current home is set up at 34.48% of coverage, 9.48% over the enforced limit of 25%. This is 1,351 sqft above currently allowed coverage. Upon approved variance, we will be installing an infiltration trench that not only mitigates the 1,034sqft of pool and patio addition, but also mitigates the current overage of 1,351sqft of hardcover. This will take the current property’s storm water management from a percentage of hardcover perspective and reduce our property by 9.48%, thus effectively allowing our property to act as a 25% hardcover property. This addition of a swimming pool with minimal patio and an exceeding mitigation plan will allow our property to exist within the currently enforced hardcover code and not remain over the allowable limit. This being both city and homeowner goals is a positive thing. The math takes the average rainfall of 1.1” to develop the size of the infiltration trench. It is placed within a position that captures what is needed and all runoff that is currently proceeding through our neighbor’s property to the west, effectively improving their drainage as well. This infiltration trench was the original engineered trench of the city of Edina many years ago, so much that PPS still refers to it as the “Edina Trench.” Although these are other municipalities, with this technique to mitigate a pool project PLUS current overage of hardcover unbeknown to homeowners across the state, PPS has implemented this type of plan for approved variances in Eden Prairie, Plymouth, and Apple Valley to name a few. Because of all of this, we find that we meet all criteria required for approval of a variance with the practical difficulties that are outlined throughout this letter. We will use the land in reasonable matter, the plight is due to circumstances that are unique to this property and not created by the landowner, and as granted, we will not alter the essential characteristics of the neighborhood. Liberty on the Lakes has stringent requirements we are and will be adhering to as well. We thank everyone taking the time to help us through this diligent process and look forward to the meetings in the near future. Sincerely, Phil & Nicolette Gropel 4' Tall Decorative Aluminum Fence 940 940 942 938 938 936 936 936 EXISTING SWALE EXISTING SWALE Philgropel@gmail.com Pool Equipment 4' W ide Gate/ Self-closin g/Self-Latching/Lockable 2X Existing Concrete Patio Silt Fence City Codes / Setbacks Principal Side Rear Equipment Septic Drainfield Prepared By: Performance Pool & Spa Plymouth, MN 55441 (651) 775 - 3940 (651) 731 - 8372 Fax Attn: Ken Ronsberg Home Owner : Lot - Block - Subdivision - Scale - 1 Inch = 20 Feet Fence Well - - - - - - 10 ' Water - 20 ' Water - 20 ' Water 2405 Annapolis Lane Pool Dimensions Width X Length Pool ( ) Deck ( ) Denotes Existing Elevation ( 955.35 ) X 955.35 Denotes Proposed Elevation Denotes Drainage Direction x x Denotes Silt Fence ™ Kenronsberg@Comcast.net PID N Phil & Nicolette Gropel 3393 Pioneer Place Stillwater, MN 55082 30-030-20-34-0014 5 4 Liberty On The Lake 1999 14,247 Sq. Ft. 10 ' Water 10 ' Concrete 10 ' Concrete Same REAR 4 ' Tall SPA HOUSE GARAGEDRIVEWAY Si d e w a l k Wood Deck Porch 25 . 0 Open Space Wood Deck Proposed Elevation Proposed Pool 17 X 36 ( 940.50 ) X 939.62 X 939.21 939.96 X 940.40 X 3 5 3 3 1010 55 10 5 5 10 Ne i g h b o r ' s 4 ' T a l l W o o d F e n c e EG EG EG EG 940.66 X 940.00 X X 939.62 GFE = 939.80 939.71 X 939.39 X 939.21 X 938.99 X 939.13 X 939.69 939.39 X X 939.76 X 939.79 X 939.86 939.03 X X 940.15 939.65 X 940.66 X X 940.66 DRAIN TILE DRAIN TILE DR A I N T I L E D RAIN TI L E 17 X 36 23 X 44 2,568 1,431 138 213 235 Area Of Mitigation Existing BermExisting Berm 1 0 .010 . 0 34.8 29.2 31.8 24.2 28 . 3 25 . 3 128 200 25 3 □ I \ J ------1 I ------I I -1- I I I I I, I ' I I I I I " I ' I I '------ I _L_ I ~1 I ii ii I' ,I Ii / / ';->:~J • ,.=-~ ~ , I ~ ~ ---I - I / ---,----( !---------'+--""-~, I I I I I I I I I , ' I I --_.L---\ " / I 4' Tall D ecorative Alu minu m Fence 940 940 942 938 938 936 936 936 E XISTIN G S W ALE E XISTI N G S W ALE Pool Equip m ent 4 ' W i d e G a t e / Se l f -c l o s i n g /Se l f -L a t c h i n g /L o c k a b l e 2 X Existing Concrete Patio Silt Fence Sidewalk Proposed Elevation Proposed Pool 17 X 36( 940.50 ) X 939.62 X 939.21 939.96 X 940.40 X 3 5 3 3 Neighbor's 4 ' Tall Wood Fence E G E G E G E G 940.66 X 940.00 X X 939.62 939.71 X 939.39 X 939.21 X 938.99 X 939.13 X 939.69 939.39 X X 939.76 X 939.79 X 939.86 939.03 X X 940.15 939.65 X 940.66 X X 940.66 D R AIN TILE D R AIN TILE DRAIN TILE DRAIN TILE Existing Berm Existing Berm 10.0 10.0 34 .8 29 .2 3 1 .8 2 4.2 28.3 25.3 Area Of Mitig ation 25 3 AS-BUILT SURVEY THIS SURVEY PREPARED FOR : Anierican Classic Hornes P.O. Box 4143 Hastings, Minnesota 55083 LEGAL DESCRIPTION : Lot S, Block 4, LIBERTY ON THE LAKE, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota. -,, "\ ... ,.., NOTES <:::== DENOTES AS-BUil T DRAINAGE DIRECTION , 0 DENOTES AS-BUil T ELEVATIONS DENOTES EXISTING GROUND SPO T ELEVATION . (PRIOR TO ANY CONSTRUCTION) e DENOTES 1/2 INCH REBAR MONUMENT FOUND AND MARKED WITH A PLASTIC CAP INSCR IBED "WEBER RLS 12043", UNLESS SHOWN OTHERWISE. (ELEVATIO.NS ARE NGVD MEAN SEA-LEVEL. 1929 ADJUSTMENT) ORIENTATION OF TH IS BEAR ING SYSTEM IS BASED ON THE RECORDED PLAT OF LIBERTY ON THE LAKE. Map No. 99-150 A AS-BUILT .,, I I NOTE: . ... Folz, Freeman, Dupay & Associates, Inc. I N I LAND SURVEYING • LAND PLANNING 111] •❖•1s1s NORTHWESTERN AVENUE• STILLWATER, MINNESOTA 56082 ,_ .. _ .. _ .. ___ i_•__J_ (851) "311-8833 • Fax (651} 430-11331 SCALE: 1 Inch = 30 Feet 01-I --X--l-----6l --- -- I hereby certify that this survey, pion or report was prepared by me or under my direct supervision. and that I am a duly Ucensod Land Surveyor under the lows of the State of Minnescta. ~ ~, -''l""PN--ir?RJT, #- d Surveyor 16989 OFFICIAL COPIES OF THIS MAP ARE CRIMP SEALED Prepared By: Performance Pool & Spa Plymouth, MN 55441 (651) 775 - 3940 (651) 731 - 8372 Fax Attn: Ken Ronsberg Home Owner : Lot - Block - Subdivision - 2405 Annapolis Lane Pool Dimensions Width X Length Pool ( ) Deck ( ) ™ Kenronsberg@Comcast.net PID 3 ' Deep = 225 Cubic Feet Pool Project Storm Water Management Plan Ken Ronsberg Lay - Out Engineer ( 651 ) 775 - 3940 7/22/2018 Prepared By : Lot Area Current Coverage Area Over 25 % = = = = 14,247 3,562 4,913 1,023 Pool, Deck, Equip Pad =1,351 Total Proposed Coverage 5,947 Area To Be Mitigated 2,385= Proposed Mitigation area 3 ' Wide Phil & Nicolette Gropel 3393 Pioneer Place Stillwater, MN 55082 5 4 Liberty On The Lake 30-030-20-34-0014 17 X 36 23 X 44 Philgropel@gmail.com Area in Excess Of 25% Impervious Surface Area = 2,385 Sq. Ft. ( 2,385 X 1.1 " / 12 ) = 219 Cu. Ft. Filtration Volume 25 ' Long I ~I ~I "I I I I r-V.EC.ETAT.IOH (CRASS) r-:J" OF 1/:1'' I I I 1 ffASH.ELJ .ROCK ~ :J,, N.IN. SA£ V,4 C.ELJ C£.EAH TOPSO.1£ \ 0 V.E.R£AP FAB.R.IC '-12,, OJV .E.ITH.E.R S.ILJ.E OF 7'.R.EHCH & STAK.E LJOffH .EV.E.RY 2' r-F./£7'.E.R FAB.R.IC / £.IH.ELJ 7'.R.EHCH \_ -SCA.R.IFY 12,, B.E£O ff .ROCK S.ECT.IOH INFILTRATION TRFNCH SFCTION OFTAIL NO SCALE Current Coverage Lot Impervious Surface Calculations Performance Pool & Spa 1890 Wooddale Drive Woodbury, MN 55125 ( 651 ) 775 - 3940 Attn: Ken Ronsberg Area Over = Pool Project Total Proposed Please Call With any questions: Ken Ronsberg Lay-Out Engineer PPS ( 651 ) 775 - 3940 Name Address City Phone No. Block Subdivision - Total Lot Area = % Allowable = = % Allowable = = = House & Garage Area Sidewalk Area Driveway Area 14,247 = = = 2,568 213 4,913 5,9473,562 1,431 Area Over Proposed Pool Project =1,351 25 25 Current Coverage = 2,385 Aprox 41.74% Pool & Deck Equipment Pad = = 1,012 22 Pool Project = 1,034 PID 30-030-20-34-0014 4,913 1,034 Porch Area Concrete Patio Area = 235 =138 3,562 Phil & Nicolette Gropel 3393 Pioneer Place Stillwater, MN 55082 5 4 Liberty On The Lake 34.48 % Wood Decks Area =328 PERFORMANCE 216 4th Street North, Stillwater Minnesota – 651-430-8800 – www.stillwatermn.gov July 17, 2024 Nik Howley Performance Pool and Spa 1890 Wooddale Dr. Woodbury, MN 55125 Re: 3393 Pioneer Place Variance Request Dear Nik Howley, City Staff reviewed the Variance request application for the above property pertaining to a proposed 17’x36’ in ground swimming pool. The proposed Variance request is to allow 41.74% of structural impervious where 25% structural impervious surface is required. Upon initial contact with you, the applicant, on May 21st, Staff noted that a variance request of this nature would have a low likelihood of approval. This is specifically due to the request not meeting the Practical Difficulty requirements. Staff noted this same concern in multiple conversations over the course of this project application . A variance application to exceed the permissible impervious surface by 16.7% was deemed complete on June 25th, 2024. While the request shows an effort on the applicant’s part to reduce the impact of the proposed increase, upon review of the variance application, Staff recommends to the Planning Commission that the request does not meet the State Statute Practical Difficulty Test and should not be approved. On July 3rd staff contacted you to inform you that an appeal to the denial of a similar variance request went to City Council on July 2nd, 2024 and was not granted. City Council upheld the Planning Commission’s denial of the variance. City Council has directed Staff to review Shoreland Management Overlay District application within Planned Unit Developments on the west side of Stillwater and find a more comprehensive, strategic approach. Staff will be coordinating with the local Water districts and Department of Natural Resources to establish new regulations that would allow expanded impervious surface coverage ‘by right’ rather than through an exception to the rule. This does not mean this proposed project would necessarily meet these p otential new regulations. During a meeting between the property owners and Tim Gladhill, Community Development Director, on July 15th, this background was discussed and it was reiterated that the request r ~ii/water -,...._ ~ The B i rthplace of M innesota ) 216 4th Street North, Stillwater Minnesota – 651-430-8800 – www.stillwatermn.gov does not meet the Practical Difficulty requirements and staff would be recommending denial of the variance request. Staff would like to note that the property owners are well within their right to request a variance. Based on the application materials submitted, Staff will be recommending denial of the variance to exceed the impervious surface requirements. Please do not hesitate to reach out with any questions. Katriona Molasky City of Stillwater Assistant City Planner DATE: August 28, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: 2024 CIP Bonding BACKGROUND A portion of the City’s funding for capital projects, capital equipment, street improvements and downtown lighting is financed by General Obligation (G.O.) Capital Outlay Bonds. Staff is requesting the City retain Baker Tilly as its independent municipal advisor and authorize them to sell the G.O. Bonds. Proposals will be opened and tabulated on October 1, 2024 at 10:00 a.m. The results will be present to the City Council that night. RECOMMENDATION Adopt the attached resolution. ACTION REQUESTED Adopt Resolution Providing for the competitive negotiated sale of $4,130,000 General Obligation Capital Outlay Bonds, Series 2024A City of Stillwater Washington County, Minnesota RESOLUTION 2024-___ RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $4,130,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2024A WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $4,130,000 General Obligation Capital Outlay Bonds, Series 2024A (the "Bonds") to finance (i) the 2024 Capital Outlay needs of various City departments; and (ii) finance various permanent improvement projects, pursuant to Sections 10.4, 10.5 and 10.6 of the City Charter, as more fully described in Exhibit B attached hereto; and WHEREAS, the City has retained Baker Tilly Municipal Advisors, LLC, in Saint Paul, Minnesota ("Baker Tilly MA"), as its independent municipal advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Baker Tilly MA to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk and other officers or employees of the City are hereby authorized to cooperate with Baker Tilly MA and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Adopted by the Stillwater City Council this 3rd day of September, 2024. CITY OF STILLWATER ____________________________ Ted Kozlowski, Mayor ATTEST: ___________________ Beth Wolf, City Clerk 134672701v1 A-1 EXHIBIT A THE CITY HAS AUTHORIZED BAKER TILLY MUNICIPAL ADVISORS, LLC TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,130,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION CAPITAL OUTLAY BONDS, SERIES 2024A (BOOK ENTRY ONLY) Proposals for the above-referenced obligations (the "Bonds") will be received by the City of Stillwater, Minnesota (the "City") on Tuesday, October 1, 2024 (the "Sale Date") until 10:00 A.M., Central Time (the "Sale Time") at the offices of Baker Tilly Municipal Advisors, LLC ("Baker Tilly MA"), 30 East 7th Street, Suite 3025, Saint Paul, MN 55101, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at its meeting commencing at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Baker Tilly MA will assume no liability for the inability of a bidder or its proposal to reach Baker Tilly MA prior to the Sale Time, and neither the City nor Baker Tilly MA shall be responsible for any failure, misdirection or error in the means of transmission selected by any bidder. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the proposal is submitted. (a) Sealed Bidding. Completed, signed proposals may be submitted to Baker Tilly MA by email to bids@bakertilly.com, and must be received prior to the Sale Time. OR (b) Electronic Bidding. Proposals may also be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all proposals submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents, nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents, nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: 134672701v1 A-2 PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2025. Interest will be computed on the basis of a 360- day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2026 $410,000 2028 $470,000 2030 $500,000 2032 $530,000 2034 $110,000 2027 $455,000 2029 $480,000 2031 $515,000 2033 $545,000 2035 $115,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity or maturities in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the original proposal. Gross spread for this purpose is the differential between the price paid to the City for the new issue and the prices at which the proposal indicates the securities will be initially offered to the investing public. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository for the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The lowest bidder (the "Purchaser"), as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR/PAYING AGENT U.S. Bank Trust Company, National Association, Saint Paul, Minnesota will serve as Registrar/Paying Agent (the "Registrar") for the Bonds, and shall be subject to applicable regulations of the Securities and Exchange Commission. The City will pay for the services of the Registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2033, and on any day thereafter, to redeem Bonds due on or after February 1, 2034. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be redeemed. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All redemptions shall be at a price of par plus accrued interest. 134672701v1 A-3 SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds of the Bonds will be used to (i) finance the 2024 Capital Outlay needs of various City departments; (ii) finance various permanent improvement projects; and (iii) pay the associated cost of issuance. BANK QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BIDDING PARAMETERS Proposals shall be for not less than $4,088,700 plus accrued interest, if any, on the total principal amount of the Bonds. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity as stated on the proposal must be 98.0% or greater. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth herein. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. ESTABLISHMENT OF ISSUE PRICE In order to provide the City with information necessary for compliance with Section 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder (collectively, the "Code"), the Purchaser will be required to assist the City in establishing the issue price of the Bonds and shall complete, execute, and deliver to the City prior to the closing date, a written certification in a form acceptable to the Purchaser, the City, and Bond Counsel (the "Issue Price Certificate") containing the following for each maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity): (i) the interest rate; (ii) the reasonably expected initial offering price to the "public" (as said term is defined in Treasury Regulation Section 1.148-1(f) (the "Regulation")) or the sale price; and (iii) pricing wires or equivalent communications supporting such offering or sale price. Any action to be taken or documentation to be received by the City pursuant hereto may be taken or received on behalf of the City by Baker Tilly MA. The City intends that the sale of the Bonds pursuant to this Terms of Proposal shall constitute a "competitive sale" as defined in the Regulation based on the following: (i) the City shall cause this Terms of Proposal to be disseminated to potential bidders in a manner that is reasonably designed to reach potential bidders; 134672701v1 A-4 (ii) all bidders shall have an equal opportunity to submit a bid; (iii) the City reasonably expects that it will receive bids from at least three bidders that have established industry reputations for underwriting municipal bonds such as the Bonds; and (iv) the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal with the lowest true interest cost, as set forth in this Terms of Proposal (See "AWARD" herein). Any bid submitted pursuant to this Terms of Proposal shall be considered a firm offer for the purchase of the Bonds, as specified in the proposal. The Purchaser shall constitute an "underwriter" as said term is defined in the Regulation. By submitting its proposal, the Purchaser confirms that it shall require any agreement among underwriters, a selling group agreement, or other agreement to which it is a party relating to the initial sale of the Bonds, to include provisions requiring compliance with the provisions of the Code and the Regulation regarding the initial sale of the Bonds. If all of the requirements of a "competitive sale" are not satisfied, the City shall advise the Purchaser of such fact prior to the time of award of the sale of the Bonds to the Purchaser. In such event, any proposal submitted will not be subject to cancellation or withdrawal. Within twenty-four (24) hours of the notice of award of the sale of the Bonds, the Purchaser shall advise the City and Baker Tilly MA if 10% of any maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity) has been sold to the public and the price at which it was sold. The City will treat such sale price as the "issue price" for such maturity, applied on a maturity-by-maturity basis. The City will not require the Purchaser to comply with that portion of the Regulation commonly described as the "hold-the-offering-price" requirement for the remaining maturities, but the Purchaser may elect such option. If the Purchaser exercises such option, the City will apply the initial offering price to the public provided in the proposal as the issue price for such maturities. If the Purchaser does not exercise that option, it shall thereafter promptly provide the City and Baker Tilly MA the prices at which 10% of such maturities are sold to the public; provided such determination shall be made and the City and Baker Tilly MA notified of such prices whether or not the closing date has occurred, until the 10% test has been satisfied as to each maturity of the Bonds or until all of the Bonds of a maturity have been sold. GOOD FAITH DEPOSIT To have its proposal considered for award, the Purchaser is required to submit a good faith deposit via wire transfer to the City in the amount of $41,300 (the "Deposit") no later than 1:00 P.M., Central Time on the Sale Date. The Purchaser shall be solely responsible for the timely delivery of its Deposit, and neither the City nor Baker Tilly MA have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. A Deposit will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Baker Tilly MA following the receipt and tabulation of proposals. The successful bidder must send an e mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the Purchaser will be retained by the City and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at settlement 134672701v1 A-5 from the purchase price. In the event the Purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. CUSIP NUMBERS If the Bonds qualify for the assignment of CUSIP numbers such numbers will be printed on the Bonds; however, neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. Baker Tilly MA will apply for CUSIP numbers pursuant to Rule G-34 implemented by the Municipal Securities Rulemaking Board. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT On or about October 30, 2024, the Bonds will be delivered without cost to the Purchaser through DTC in New York, New York. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Taft Stettinius & Hollister, LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. 134672701v1 A-6 CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Bonds, and said Preliminary Official Statement has been deemed final by the City as of the date thereof within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For an electronic copy of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Baker Tilly Municipal Advisors, LLC, by telephone (651) 223-3000, or by email bids@bakertilly.com. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts, and interest rates of the Bonds, together with any other information required by law. By awarding the Bonds to the Purchaser, the City agrees that, no more than seven business days after the date of such award, it shall provide to the Purchaser an electronic copy of the Final Official Statement. The City designates the Purchaser as its agent for purposes of distributing the Final Official Statement to each syndicate member, if applicable. The Purchaser agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with its syndicate members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member. September 3, 2024 BY ORDER OF THE CITY COUNCIL /s/ Beth Wolf City Clerk 134672701v1 B-1 EXHIBIT B SCHEDULE OF 2024 BONDED CAPITAL OUTLAY Bonding Term (Years) Amount 2024 Capital Outlay Projects 8 $3,125,000 2024 Permanent Improvements 10 $1,005,000 Total $4,130,000   BOARD AGENDA Board of Commissioners Fran Miron, District 1 Chair, Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 September 3, 2024 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1.9:00 2.9:00 Roll Call Pledge of Allegiance 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. 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 20, 2024, County Board meeting minutes. B. Approve Amendment No. 1 to Contract No. 15465 with Tree Trust to increase the not to exceed cost amount from $120,000 to $677,849. C. Approve Contract No. 16803 between Washington County and Redeemer Services, Inc. for an amount not to exceed $30,000 for a term starting on the date of signature through December 31, 2025. D. 1. Approve Change Order #3 with Wallraff Electric Company in the amount of $8,842.47 for additional power and data locations and additional electrical wiremold in narcotics processing area for the Law Enforcement Center (LEC) Improvement Project. 2. Approve Change Order #4 with Wallraff Electric Company in the amount of $6,121.26 for changes to lighting in two storage rooms for the Law Enforcement Center (LEC) Improvement Project. E. Approve Change Order #5 with Commercial Drywall in the amount of $16,283.69 for drywall adjustments on floor S3 as part of the Law Enforcement Center (LEC) Improvement Project. F. Adopt a resolution to accept the grant award for the Bureau of Justice Assistance FY 2024 Byrne Discretionary Community Project Funding/Byrne Discretionary Grants Program in the amount of $963,000 for the period of October 1, 2024, through September 30, 2028. 3.9:10 FYI 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 9. 10. 11. 10:25 Board Correspondence 10:25 Adjourn 10:30 2025 Recommended Budget Workshops 10:30-11:15 A. Review the 2025 recommended budget for the Attorney's Office. 11:15-12:00 B. Review the 2025 recommended budget for the Sheriff's Office. 12. 12:00-12:20 Break 13. 12:20 Board Workshop with Public Health & Environment A. Update and preview of the county solid waste management plan. 7. 10:00 8. 10:10 General Administration - Kevin Corbid, County Administrator Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. 9:45 Sheriff's Office - Allison Strohl, Senior Planner A. Adopt a resolution recognizing September 2024 as National Preparedness Month in Washington County. 5. 9:25 Public Works - Erin Clarkowski, Engineer II A. 1. Approve Agreement No. 16751 with Kids Around the World, Inc. for removal and sale of playground equipment at Lake Elmo Park Reserve Swim Pond Play Area. 2. Approve Agreement No. 16759 with Kids Around the World, Inc. for removal and sale of playground equipment at St. Croix Bluffs Regional Park Hilltop Playground. 4. 9:10 Library - Jacquie Kramer, Director A.Adopt a resolution proclaiming September 2024 as Library Card Sign-up Month. Washington ; 2;County Board of Commissioners Fran Miron, District 1 Chair, Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 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 BOARD AGENDA August 27, 2024 - 9:00 AM All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1. 9:00 2. 9:00 Roll Call Pledge of Allegiance 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. 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. Adopt a resolution reappointing Celia Wirth, City of Grant, to a third term beginning on October 23, 2024, and expiring October 22, 2027, as Manager on the Brown's Creek Watershed District. B. Approval of a new Administrative policy, Security Cameras. C. Revisions to Policy #2202 - Mission Directed Budget (MDB) Savings. D. Adopt a resolution to approve Substantial Amendments to Washington County’s 2020 and 2023 Annual Action Plans for the Community Development Block Grant and the HOME Investment Partnerships Program for submission to the U.S. Department of Housing and Urban Development. E. Approval of request for reclassification of 1.0 Full-Time Equivalent (FTE) Assistant County Attorney III position to Assistant Division Chief, Case Management and E-Litigation Supervising position. F. Approval to extend 10.0 FTE special project positions in the Community Services Department Economic Supports Division. G. Approval to modify Personnel Rules & Regulations, Section #16 - Leaves of Absence. H. Approve Amendment No. 2 for Contract No. 15229 with Matrix-NDI to add funds in the amount of $180,000, for the period of August 27, 2024, to January 1, 2027, increasing the total contract amount to $350,000. I. Approve Contract No. 16728 in the amount of $173,798 with Miller Utilities LLC for the Central Service and License Center fiber connection project. 3. 9:10 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 7.10:00 Public Works - Erin Clarkowski, Engineer II A.1. Approve Purchase Order No. 27352 in the amount of $283,255.02 with Landscape Structures for the play equipment for the St. Croix Bluffs Regional Park Hilltop Improvement Project. 2. Approve Purchase Order No. 27394 in the amount of $361,300.03 with Flagship Recreation for the play equipment installation for the St. Croix Bluffs Regional Park Hilltop Improvement Project. B.Approve four items for St. Croix Bluffs Regional Park Trail Stabilization Project: 1. Approve Contract No. 16748 in the amount of $128,851.63 with JM Hauling LLC for St. Croix Bluffs Regional Park Trail Stabilization Project. 2. Approve Master Grant Sub-Recipient Agreement between Chisago Soil and Water Conservation District (Grant Administrator) and Washington County. 4. 9:10 Washington County Community Development Agency - Karly Schoeman, CDA Deputy Executive Director A. Adopt a resolution to approve the 2023 Consolidated Annual Performance and Evaluation Report for Community Development Block Grant and the HOME Investment Partnerships program funds for submission to the U.S. Department of Housing and Urban Development. 5. 9:25 Accounting and Finance - Renee Vought, Deputy Director A. 1.Presentation of 2023 Annual Financial Audit Highlights. 2.Presentation of 2023 Summary Financial Statement newspaper publication. 3.Presentation of the Government Finance Officers Association (GFOA) Awards (the Triple Crown): •Excellence in Financial Reporting Award for the county's 2022 Annual Comprehensive Financial Report (ACFR) •The GFOA 2022 Award for Outstanding Achievement in Popular Annual Financial Reporting (PAFR) •The GFOA Distinguished Budget Presentation Award for the county's 2024 budget. 6. 9:45 Public Health and Environment - David Brummel, Director A. Recognition of Minnesota Counties and Computer Cooperative Member (MnCCC) of the Year, Tyler Roenicke, Public Health Nursing Supervisor in the Department of Public Health & Environment as the MnCCC Member of the year. (Public Works continued next page) Washington ; 2;County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 3. Approve Statement of Work 2023 LSC WBIF A1, which provides a statement of activity that Washington County will perform pursuant to the Grant Agreement. 4. Approve Cooperative Agreement between the South Washington Watershed District and Washington County for construction cost of Bluff Park Stabilization. C.Approve Contract No. 16746 in the amount of $1,351,390.85 with Forest Lake Contracting, Inc. for Washington County North Environmental Center Bid Package 3. Public Works continued - Erin Clarkowski, Engineer II 8. 10:45 9. 11:00 10.11:15 11.11:15 12.11:20 General Administration - Kevin Corbid, County Administrator A.Presentation of Minnesota Association of Government Communicators (MAGC) Awards. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn 2025 Recommended Budget Workshops 11:20-12:00 A. Review the 2025 recommended budget for the Library and Law Library. 13. 12:00-12:20 Break 14. 12:20 2025 Recommended Budget Workshops continued 12:20-1:00 A. Review the 2025 recommended budget for the Property Records and Taxpayer Services Department. 15. 1:00-1:30 Board Workshop with Public Health & Environment A. Groundwater Plan Update Washington ; 2;County